WORKS AND UTILITIES COMMITTEE

  A G E N D A

Date of Meeting:Monday, May 11, 1998Enquiry:Ms. Trudy Perrin

2nd Floor, Metro Hall

55 John Street

Toronto

THE MUNICIPAL CONFLICT OF INTEREST ACT.

 DEPUTATIONS.

 List to be distributed at meeting.

 COMMUNICATIONS/REPORTS.

 1.BURNING OF USED OIL.

 City Clerk

(April 22, 1998)

 Advising the Works and Utilities Committee at its meeting on April 22, 1998, had before it communications and reports as listed therein respecting the matter of the burning of waste oil; and that the Committee:

 (1)directed that the reports dated April 8, 1998, from the Commissioner of Works and Emergency Services, and April 16, 1998, from the City Solicitor be submitted to Council without recommendation;

 (2)referred the aforementioned reports and communications and the following motions to a special meeting of the Committee to be held on May 11, 1998, for the hearing of deputations:

 Moved by Councillor Bossons:

 AThat the report dated April 8, 1998, from the Commissioner of Works and Emergency Services be amended by:

 (I)striking out the words Awhere re-refining facilities are available@ in Recommendation No. (1) and inserting in lieu thereof the words Awhere access to re-refining services exists@;

 (ii)striking out Recommendation No. (2) and inserting in lieu thereof the following:

 A(2)the Minister of the Environment be requested to ban the use of waste oil burners in the urban area of Toronto, as already defined in Ministry of the Environment regulations which prohibit the sale of high sulphur gasoline;@ and

 (iii)adding thereto the following recommendations:

 A(6)the Commissioner of Works and Emergency Services and the City Solicitor be requested to prepare a draft by-law which would have the effect of banning the use of waste oil burners in the City of Toronto; and

 (7)if the City of Toronto takes the position that waste oil burners should be banned, it advise the members of the Association of Municipalities of Ontario and invite their support@; and

 Moved by Councillor Walker:

 AThat the Commissioner of Works and Emergency Services and the City Solicitor be requested to develop a draft by-law on the banning of space heaters, and that a public hearing take place at that time@;

 (3)requested that all interested parties be advised accordingly; and

 (4)invited the Medical Officer of Health to provide her comments in connection with the foregoing matter to the special meeting of the Committee scheduled to be held on May 11, 1998.

1a.Councillor Judy Sgro,

North York Humber

.(February 19, 1998)

 Forwarding recent articles and documents pertaining to the management of used oil, including comments made by the Minister of the Environment in the issue of The Record dated February 18, 1998, regarding this matter; and suggesting that staff undertake the following analyses:

 (1)identify options to ban or grandfather the operation of used oil furnaces within the City of Toronto; and

 (2)identify options to increase the recovery of used motor oil and thereby divert it from burning in space heaters and from fouling the City of Toronto=s sewage treatment facilities.

 (NOTE: Attachments to the aforementioned communication were previously forwarded to all Members of Council.)

 1b.Commissioner of Works

and Emergency Services

(April 8, 1998)

 Recommending that:

 (1)the Minister of the Environment be requested to discontinue the issuance of air approvals for waste oil burners where re-refining facilities are available;

 (2)the Minister of the Environment be requested to consider placing a sunset regulation on existing air approvals for waste oil burners in urban areas;

 (3)communications to the public should continue to prevent the dumping of waste oil into sewers or the environment;

 (4)all City fleets adopt the use of re-refined oil that meets manufacturers warranty requirements, subject to availability and reasonable cost differential;

 (5)if the Minister does not discontinue the approval of waste oil burners permanently, the Province be requested to give municipalities the option to adopt by-laws that prohibit the use in their respective jurisdictions and that take precedence over approvals issued under the Environmental Protection Act, Section 9; and

 (6)if the Minister does not discontinue the air approval of waste oil burners permanently, the Province be requested through an appeal under the Environmental Bill of Rights to give municipalities standing in the review and setting of new more stringent air emission standards under Regulation 346.

1c.City Solicitor

(April 16, 1998)

 Providing information on the identification of options to ban or grandfather the operation of used oil furnaces within the City of Toronto, for consideration by the Committee in conjunction with the report dated April 8, 1998, from the Commissioner of Works and Emergency Services; concluding that any regulatory option by the City of Toronto to prohibit the burning of waste oil in space heaters is likely invalid on the basis of conflict with regulatory approvals under the Environmental Protection Act; advising that the principle of conflict, in particular, would apply notwithstanding the moratorium on certificates of approval (air) for the burning of waste oil, and that the Draft Municipal Act expressly incorporates the principle of conflict; and recommending that the report be received for information.

  1d.Mr. John Hanson,

Executive Director,

Recycling Council of Ontario

(March 23, 1998),

 Expressing support for a proposed Toronto by-law to address the issue of waste-derived fuel furnaces, and for re-refining as the preferred option for dealing with oil; and requesting the opportunity to make a deputation when the Committee discusses this issue.

 1e.Mr. Ken Ogilvie,

Executive Director,

Pollution Probe

(March 20, 1998)

 Advising that Pollution Probe is a very strong advocate for improving air quality and encouraging governments at all levels to take actions that support this objective; and requesting the opportunity to make a deputation to the Committee regarding the burning of used oil in Toronto.

 1f.Mr. Gord Perks,

Toronto Environmental Alliance

(March 23, 1998)

 Recommending that the Committee direct staff to develop options for the banning of burning of used motor oil, and direct the Medical Officer of Health to report on the health and environmental consequences of burning used oil in Toronto.

  1g.Mr. Ian C. Morton,

Community Service Project Manager,.

Ontario Provincial Office,

The Lung Association

(March 23, 1998)

 Supporting banning the sale of new waste derived fuel furnaces and to grandfather existing ones; and encouraging the Committee to urge the Ministry of the Environment to establish a mandatory used oil collection program, where feasible, to replace the voluntary approach currently in place.

 1h.Mr. Usman A. Valiante,

General Science Works Inc.

(March 25, 1998)

 Submitting maps showing the location of used-oil furnaces within the City of Toronto and population statistics.

 1i.Mr. T. R. Clapp,

Vice President, Ontario Division,

Canadian Petroleum Products Institute

(April 20, 1998)

 Requesting the opportunity to appear before the Committee with respect to the issue of the burning of used oil; and advising that the Canadian Petroleum Products Institute supports recycling as the best practice for managing used oil, and endorses the current provincial ban on permitting new used oil fired space heaters.

 1j.Mr. David Leonhardt,

Director, Public and Government Relations,

Canadian Automobile Association (Ontario)

(April 21, 1998)

 Requesting the opportunity to appear before the Committee, and advising that CAA Ontario is opposed to the burning of used lubricating oil whenever another viable option is available.

 ADDITIONAL SUBMISSIONS TO THE MEETING OF THE

COMMITTEE ON APRIL 22, 1998, FROM THE FOLLOWING:

 1k.Ms. Zivah Stocker, North York, Ontario;

 1l.Mr. Ian C. Morton, Director, Environmental Health, Pollution Probe;

 1m.Mr. Bob Clapp, Vice President, Ontario Division of the Canadian Petroleum Products Institute; and

 1n.Councillor Judy Sgro, North York Humber.

 (NOTE: A copy of the map and oil samples contained in the press kit submitted by Councillor Sgro are on file in the office of the City Clerk.)

 
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