MECP ECA 8032-BEJNAK – Stormwater Management 2019-09-30

You have applied under section 20.2 of Part II.1 of the Environmental Protection Act, R.S.O. 1990, c. E. 19 (Environmental Protection Act) for approval of: an environmental compliance approval for stormwater management at the General Electric Peterborough facility, consisting of a 31.3 ha. catchment area including the Facility located at adjacent 107 Park Street North (20.5ha.) and on 1063 Monaghan Road (10.8ha), for the collection, treatment and disposal of stormwater run-off to provide enhanced (80% SS removal) water quality protection and to attenuate peak flows prior to discharging into the municipal sewer and having roadway to carry overflows to the Little Lake, for all storm events up to and including the 100-year return storm, consisting of the following:

1. Conveyance

Surface drainage from the Zone 4 and Zone 5 ( approximately 8.5ha. and 2.3ha respectively), sites located on the west of Monaghan Road, being intercepted in catchbasins to discharge via a 900mm diameter municipal stormsewers on Monaghan Road and 600mm diameter municipal storm sewer on Frank Street, and to continue to flow via 1900X1200mm storm sewers on Albert Street, and Rink Street to finally discharge downstream of manholes STM MH 135703 and MH 135704 to the Little Lake/Otonabee River.
Surface run-off from the ZONE 3 (4.62HA) catchment area including building areas 28, 26, 22, 20, 18, 16A (part), 14, 34 and 30 (part) and roof drainage, are intercepted by a series of catch basins to discharge via stormsewers on Albert Street, and to continue to flow via storm sewers on Rubidge Street, and Rink Street, to finally discharge into downstream manholes STM MH 135703 and MH 135704 and to the Little Lake/Otonabee River;
Surface run-off from the (Zone 2 Part 1, 3.4ha) Building areas 14 (Part), 12EXT (part), 12, 10B, 10, 10A, 34A, 8, 6, 6B, 2A, 2D, 2 and 30 (part) and roof drainage are intercepted by a series of catch basins to discharge via a 450mm diameter site stormsewer to finally discharge via oil and grit separator OGS 1 and outfall manhole EX STM MH R41 to discharge into a 760mm diameter municipal sewer on Park Street, and to continue to flow via storm sewers on Rink Street to finally discharge into outfall manholes STM MH 135703 and MH 135704 and to the Little Lake/Otonabee River;
Surface run-off from the northern building areas and roof drainage (Zone 2 Part 2, 8.3ha.) are intercepted by a series of catch basins to discharge via a 900mm diameter site storm sewer on Works Avenue to discharge into two (2) oil and grit separators OGSs 2 and 3 and Outfall manhole EX.STM.MHR’1 to discharge into 1066mm diameter municipal storm sewer on Park Street and continue to flow via stormsewers on Townsend Street/ Stewart Street and Rink Street and finally to outfall manholes STM MH 135703 and MH 135704 and to the Little Lake/Otonabee River;

2. Quantity Control

Surface run-off from the rest of the northern perimeter and north-west areas ( Zone 1, 2.42HA. @ 42% IMPV) are intercepted by a linear swale located along the berm parallel to Wolfe Street within the catchment areas of demolished catchbasins having a storage volume of 809 cu.m. over an area of 710 sq.m. to allow infiltration and evaporation to discharge via catchbasin CB R 22 into a 500mm diameter municipal storm sewer on Park street, and to continue to flow via stormsewers downstream finally to outfall manholes STM MH 135703 and MH 135704 and to the Little Lake/Otonabee River;

3. Quality Control

One (1) off-line oil/grit interceptor OGS 1 (JellyFish Filter Imbrium Model -JF10-13-4 or approved equivalent for 5.02 ha @95% IMPV) located to the west of building 2 and west of Park Street North, having a sediment holding capacity of not less than 0.8cu.m. oil holding capacity of not less than 2,000litres and a maximum treatment flow rate of 75.7litres per second, to receive flow from the two (2) diverted manholes STM MH R.DO2 and STM.MHR.DO3 on existing 300mm diameter storm sewer from EX CB R104 and EX CB R106 and existing 450mm diameter stormsewer from EX CB R 99 and to discharge into a return manhole STM.MHR.RO3 on a 450mm diameter storm sewer outfall manhole EX STM MH 41 located at the west of Park Street North to discharge into the 760mm diameter storm sewer on Park Street and eventually to the outfall at Little Lake/Otonabee River;
Two (2) off-line oil/grit interceptors OGS 2 and 3 (JellyFish Filter Imbrium Model -JF12-20 -15 or approved equivalent FOR 3.4ha @93.5% IMPV) located to the north of Building 2 and north of a proposed diversion manhole STM.MHR.D01 located west of Park Street North, to receive storm flows each via a 300mm diameter storm sewer and having a sediment holding capacity of not less than 1.0cu.m., oil holding capacity of approximately 2,000 litres, and a maximum treatment flow rate of 113.6litres per second, and to discharge into a proposed outlet manhole STM.MHR.R01 to discharge via a 600mm diameter sewer into a proposed return manhole STM MHR.RO2 on the existing 900mm diameter storm sewer onto the outlet manhole EX STM MH.R1 located at the west of Park Street North;

all including temporary erosion/sedimentation control measures during construction and all other controls and appurtenances essential for the proper operation of the aforementioned Works, in accordance with the submitted supporting documents listed in Schedule A.

Definitions

For the purpose of this environmental compliance approval, the following definitions apply:

“Approval” means this entire document and any schedules attached to it, and the application;
”Director” means a person appointed by the Minister pursuant to section 5 of the EPA for the purposes of Part Il.1 of the EPA;
“District Manager” means the District Manager of the Toronto -District Office.
”EPA” means the Environmental Protection Act, R.S.O. 1990, c.E.19, as amended;
“Ministry” means the ministry of the government of Ontario responsible for the EPA and OWRA and includes all officials, employees or other persons acting on its behalf;
“Owner” means General Electric Nova Scotia #1 Company and General Electric Canada Holdings, as general partners for and on behalf of General Electric Canada and its successors and assignees;
“OWRA” means the Ontario Water Resources Act, R.S.O. 1990, c. 0.40, as amended;
“Works” means the sewage works described in the Owner’s application, and include all proposed and existing works described in this Approval.

Terms and Conditions

You are hereby notified that this environmental compliance approval is issued to you subject to the terms and conditions outlined below:

1. General Provisions

The Owner shall ensure that any person authorized to carry out work on or operate any aspect of the Works is notified of this Approval and the conditions herein and shall take all reasonable measures to ensure any such person complies with the same.
Except as otherwise provided by these conditions, the Owner shall design, build, install, operate and maintain the Works in accordance with the description given in this Approval, and the application for approval of the Works.
Where there is a conflict between a provision of any document in the schedule referred to in this Approval and the conditions of this Approval, the Conditions in this Approval shall take precedence, and where there is a conflict between the documents in the schedule, the document bearing the most recent date shall prevail.
The Conditions of this Approval are severable. If any Condition of this Approval, or the application of any requirement of this Approval to any circumstance is held invalid or unenforceable, the application of such condition to other circumstances and the remainder of this Approval shall not be affected thereby.
This Approval is for the treatment and discharge of stormwater run-off from the existing development of approximately 20.5hectares located at Park Street North and is also for the discharge of stormwater from approximately 10.8 hectare located at 1063 Monaghan Road. The Approval is based on an average imperviousness of approximately 76% for the entire 31.3ha. site. Any future development changes within the total drainage area that might increase the required storage volumes or increase the flows to or from the storm outfalls or any structural/physical changes to the stormwater management facility including inlets or outlets will require an amendment to this Approval.The issuance of, and compliance with the Conditions of this Approval does not relieve any person of any obligation to comply with any provision of any applicable statute, regulation or other legal requirement, including, but not limited to, the obligation to obtain approval from the local Conservation Authority necessary to construct or operate the sewage Works;

2. Expiry of Approval

This Approval will cease to apply to those parts of the Works which have not been constructed within five (5) years of the date of this Approval.

3. Change of Owner

The Owner shall notify the District Manager and the Director,in writing, of any of the following changes within thirty (30) days of the change occurring:
1. change of Owner;
2. change of address of the Owner;
3. change of partners where the Owner is or at any time becomes a partnership, and a copy of the most recent declaration filed under the Business Names Act, R.S.O. 1990, c.B17 shall be included in the notification to the District Manager; and
4. change of name of the corporation where the Owner is or at any time becomes a corporation, and a copy of the most current information filed under the Corporations Information Act, R.S.O. 1990, c. C39 shall be included in the notification to the District Manager.
In the event of any change in ownership of the Works, other than a change to a successor municipality, the Owner shall notify in writing the succeeding owner of the existence of this Approval,and a copy of such notice shall be forwarded to the District Manager and the Director.
Notwithstanding any other requirements in this Approval, upon transfer of the ownership or assumption of the Works to a municipality if applicable, any reference to the District Manager shall be replaced with the Water Supervisor.

4. Operation and Maintenance

The Owner shall inspect the Works at least once a year and clean and maintain the Works to prevent the excessive build-up of sediments oil/grit, and/or vegetation.
The Owner shall clearly label the locations of the OGSs and at least once a year, clean and maintain the OGSs in addition to the regular required maintenance to prevent build-up of oil/grease, sediment and/or vegetation.
The Owner shall maintain a logbook to record the results of these inspections and any cleaning and maintenance operations undertaken, and shall keep the logbook at the Corporate Office or in the form of electronic version for inspection by the Ministry. The logbook shall include the following:
1. the name of the Works; and
2. the date and results of each inspection, maintenance and cleaning, including an estimate of the quantity of any materials removed.

5. Temporary Erosion and Sediment Control

The Owner shall install and maintain temporary sediment and erosion control measures during construction and conduct inspections once every two (2) weeks and after each significant storm event (a significant storm event is defined as a minimum of 10 mm of rain in any 24 hours period). The inspections and maintenance of the temporary sediment and erosion control measures shall continue until they are no longer required and at which time they shall be removed and all disturbed areas reinstated properly.
The Owner shall maintain records of inspections and maintenance which shall be made available for inspection by the Ministry, upon request. The record shall include the name of the inspector, date of inspection, and the remedial measures. if any, undertaken to maintain the temporary sediment and erosion control measures.

6. Effluent Objectives

The Owner shall use best efforts to design, construct and operate the sewage Works with the objective that the concentrations of the materials named below as effluent parameters are not exceeded in the effluent from the sewage Works into the Little Lake/Otonabee River as listed in Schedule B, Table 1.
The Owner shall use best efforts to maintain the pH of the effluent from the sewage Works within the range of 6.5 to 8.5, inclusive, at all times;

7. Monitoring and Recording

The Owner shall, upon commencement of operation of the sewage Works, carry out the following monitoring program for the effluent from the sewage Works into the Little Lake/Otonabee River as listed in Schedule B, Table 2:

All samples and measurements taken for the purposes of this Approval are to be taken at a time and in a location characteristic of the quality and quantity of the effluent stream over the time period being monitored.
For the purposes of this condition, the following definitions apply: Bi-monthly means once in every two (2) months;
Samples shall be collected at the sampling points and at the frequency specified, by means of the specified sample type and analysed for each parameter listed and all results recorded:
The methods and protocols for sampling, analysis and recording shall conform, in order of precedence, to the methods and protocols specified in the following:
1. the Ministry’s Procedure F-10-1, “Procedures for Sampling and Analysis Requirements for Municipal and Private Sewage Treatment Works (Liquid Waste Streams Only), as amended from time to time by more recently published editions;
2. the Ministry’s publication “Protocol for the Sampling and Analysis of Industrial/Municipal Wastewater” Version 2.0 (January 2016), PIBS 2724e02, as amended from time to time by more recently published editions; and
3. the publication “Standard Methods for the Examination of Water and Wastewater” (21st edition), as amended from time to time by more recently published editions.
The temperature and pH of the effluent from the sewage Works shall be determined in the field.
The monitoring and measurement frequencies specified in Table 2, in respect to any parameter are minimum requirements which may, after twelve (12) months of monitoring in accordance with this Condition, be modified by the Director / District Manager in writing from time to time.

8. Spill Contingency Plan

Upon the issuance of this Approval, the Owner shall implement a spill contingency plan -that is a set of procedures describing how to mitigate the impacts of a spill within the area serviced by the stormwater management Works. This plan shall include as a minimum:
1. the name, job title and location (address) of the Owner, person in charge, management or person(s) in control of the facility;
2. the name, job title and 24-hour telephone number of the person(s) responsible for activating the spill contingency plan;
3. a site plan drawn to scale showing the facility, nearby buildings, streets, catchbasins & manholes, drainage patterns (including direction(s) of flow in storm sewers), any receiving body(ies) of water that could potentially be significantly impacted by a spill and any features which need to be taken into account in terms of potential impacts on access and response (including physical obstructions and location of response and clean-up equipment);
4. steps to be taken to report, contain, clean up and dispose of contaminants following a spill;
5. a listing of telephone numbers for: local clean-up company(ies) who may be called upon to assist in responding to spills; local emergency responders including health institution(s); and Ministry’s Spills Action Centre 1-800-2686060;
6. Materials Safety Data Sheets (MSDS) for each hazardous material which may be transported or stored within the area serviced by the stormwater management Works;
7. the means (internal corporate procedures) by which the spill contingency plan is activated;
8. a description of the spill response training provided to employees assigned to work in the area serviced by the stormwater management Works, the date(s) on which the training was provided and by whom;
9. an inventory of response and clean-up equipment available to implement the spill contingency plan, location and, date of maintenance / replacement if warranted; and
10. the date on which the contingency plan was prepared and subsequently, amended.
The spill contingency plan shall be kept in a conspicuous, readily accessible location on-site.
The spill contingency plan shall be amended from time to time as required by changes in the operation and usage of the facility.

9. Reporting

The Owner shall report to the District Manager or designate, any exceedence of any parameter specified in Condition 6 orally, as soon as reasonably possible, and in writing within seven (7) days of the exceedence.
In addition to the obligations under Part X of the Environmental Protection Act, the Owner shall, within ten (10) working days of the occurrence of any reportable spill as defined in Ontario Regulation 675/98, bypass or loss of any product, byproduct, intermediate product, oil, solvent, waste material or any other polluting substance into the environment, submit a full written report of the occurrence to the District Manager describing the cause and discovery of the spill or loss, cleanup and recovery measures taken, preventative measures to be taken and schedule of implementation.
The Owner shall, upon request, make all manuals, plans, records, data, procedures and supporting documentation available to Ministry staff.
The Owner shall prepare, and submit to the District Manager, a performance report, on an annual basis, within ninety (90) days following the end of the period being reported upon. The first such report shall cover the first annual period following the commencement of operation of the sewage Works and subsequent reports shall be submitted to cover successive annual periods following thereafter.
The reports shall contain, but shall not be limited to, the following information:
1. a description of any operating problems encountered and corrective actions taken;
2. a summary of all maintenance carried out on any major structure, equipment, apparatus, mechanism or thing forming part of the sewage Works;
3. a summary of any effluent quality assurance or control measures undertaken in the reporting period;
4. a description of efforts made and results achieved in meeting the Effluent Objectives of Condition 6;
5. a tabulation of the volume of Grit and Oil accumulated and cleaned from the Oil / Grit Separators (OGSs) during the reporting period.
6. a summary of any complaints received during the reporting period and any steps taken to address the complaints;
7. a summary of all spill or abnormal discharge events; and
8. any other information the District Manager requires from time to time.

10. Record Keeping

The Owner shall retain for a minimum of five (5) years from the date of their creation, all records and information related to or resulting from the operation and maintenance and monitoring activities required by this Approval.

Reasons for Terms and Conditions

The reasons for the imposition of these terms and conditions are as follows:

Condition 1 is imposed to ensure that the Works are built and operated in the manner in which they were described for review and upon which approval was granted. This condition is also included to emphasize the precedence of Conditions in the Approval and the practice that the Approval is based on the most current document, if several conflicting documents are submitted for review.
Condition 2 is included to ensure that, when the Works are constructed, the Works will meet the standards that apply at the time of construction to ensure the ongoing protection of the environment..
Condition 3 is included to ensure that the Ministry records are kept accurate and current with respect to approved Works and to ensure that subsequent Owners of the Works are made aware of the Approval and continue to operate the Works in compliance with it.
Condition 4 is included to require that the Works be properly operated and maintained such that the environment is protected.
Condition 5 is included as installation, regular inspection and maintenance of the temporary sediment and erosion control measures is required to mitigate the impact on the downstream receiving watercourse during construction until they are no longer required.
Condition 6 is imposed to establish non-enforceable effluent quality objectives which the Owner is obligated to use best efforts to strive towards on an ongoing basis. These objectives are to be used as a mechanism to trigger corrective action proactively and voluntarily before environmental impairment occurs.
Condition 7 is included to require the Owner to monitor and demonstrate on a continual basis that the quality and quantity of the effluent from the approved works is consistent with the effluent objectives specified in the Approval and that the approved works does not cause any impairment to the receiving watercourse.
Condition 8 is imposed to ensure that the effluent discharged from the Works meets the Ministry’s effluent quality requirements thus minimizing environmental impact on the Receiver Little Lake/Otonabee River.
Condition 9 is included to provide a performance record for future references and to ensure that the Ministry is made aware of problems as they arise, so that the Ministry can work with the Owner in resolving the problems in a timely manner.
Condition 10 is included to require that all records are retained for a sufficient time period to adequately evaluate the long-term operation and maintenance of the Works.

Schedule A

List of supporting documents

Application for Approval of Industrial Sewage Works dated June 13, 2019, prepared and submitted by Marc Mitchell, AECOM Consulting Engineers.
Stormwater Management Report and enclosed plans/design drawings, dated June 2019 prepared and submitted by AECOM Consulting Engineers.

Schedule B

**Table 1 – Effluent Objectives – at Outfall manholes EX.STM.MH.R1 and EX.STM.MH.R41**
Effluent Parameter	Yearly Average Concentration (milligrams per litre)
Oil and Grease	25
TSS	15
Total PCBs	0.00002
Total PAHs **	0.002

**Table 2 – Effluent Monitoring – at Outfall manholes EX.STM.MH.R1 and**
**EX.STM.MH.R41 and at the Lake Outfall manhole STM.MH 135683.**
Parameters	Sample Type	Sampling Frequency *
Oil and Grease	Grab	Bi-Monthly
TSS	Grab	Bi-Monthly
Total PCBs	Grab	Bi-Monthly
Total PAHs **	Grab	Bi-Monthly
Hydrocarbon Sheen	Visual records	Bi-Monthly
Temperature and pH	Grab	Bi-Monthly

* One sample within two months: at least six (6) samples per year, each taken during/immediately following a substantial rainfall of 10 mm or more over a 24 hour period.

** Total PAHs is the calculated total of all the polycyclic aromatic hydrocarbons listed under Canada Ontario Agreement Tier I and II Substances Lists, i.e., anthracene, benzo(a) pyrene, benzo(a) anthracene, benzo(e) pyrene, benzo(b) fluoranthene, benzo(j) fluoranthene, benzo(k) fluoranthene, benzo(g,h,i) perylene, chrysene, dibenzo(a,h) anthracene, dibenzo(a,i) pyrene, dibenzo(a,j) acridine, 7Hdibenzo(c,g) carbazole, dinitropyrene, fluoranthene, indeno(1,2,3-c,d)pyrene, perylene, phenanthrene, and pyrene.

In accordance with Section 139 of the Environmental Protection Act, you may by written Notice served upon me and the Environmental Review Tribunal within 15 days after receipt of this Notice, require a hearing by the Tribunal. Section 142 of the Environmental Protection Act provides that the Notice requiring the hearing shall state:

1. The portions of the environmental compliance approval or each term or condition in the environmental compliance approval in respect of which the hearing is required, and;
1. The grounds on which you intend to rely at the hearing in relation to each portion appealed.

The Notice should also include:

The name of the appellant;
The address of the appellant;
The environmental compliance approval number;
The date of the environmental compliance approval;
The name of the Director, and;
The municipality or municipalities within which the project is to be engaged in.

And the Notice should be signed and dated by the appellant.

This Notice must be served upon:

The Secretary, Environmental Review Tribunal, 655 Bay Street, Suite 1500, Toronto, Ontario, M5G 1E5; AND

The Director appointed for the purposes of Part II.1 of the Environmental Protection Act Ministry of the Environment, Conservation and Parks, 135 St. Clair Avenue West, 1st Floor, Toronto, Ontario, M4V 1P5

Further information on the Environmental Review Tribunal’s requirements for an appeal can be obtained directly from the Tribunal at: Tel: (416) 212-6349, Fax: (416) 326-5370 or www.ert.gov.on.ca

The above noted activity is approved under s.20.3 of Part II.1 of the Environmental Protection Act.

DATED AT TORONTO this 30th day of September, 2019

Fariha Pannu, P. Eng., Director appointed for the purposes of Part II.1 of the Environmental Protection Act

c: District Manager, MECP Peterborough; Marc Mitchell, AECOM

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