source, http://www.toronto.ca/legdocs/mmis/2014/ey/bgrd/backgroundfile-63365.pdf
National Rubber Technologies is again concerned about residential development in the local area around their factory. This firm which is a large recycler producing engineered products and materials derived from recycled rubber. The company is also one of the last major industrial employers in the Greater Junction Area, operating a difficult to relocate plant with large process equipment.
As a city we need a firm capable of dealing with the mass of tires and other rubber products than need to be recycled rather than taken to a landfill site. A video of the plants operations is below. NRT ‘s Toronto tire recycling plant has the capacity to process over 3 million used tires annually as well as industrial scrap from tire plants that would otherwise end up in landfill. (source NRT company fact sheet accessed Jan. 11/2013)
However the some people in the community have difficulty with this plant being situated in the the Junction area, stating odours and activity at the plant effect their enjoyment and use of their property and community.
Below are excerpts from various city documents that reflect on this firm.
all text below in this 1st extract from this city document
Summary
This report recommends approval of a modification to Official Plan Amendment No. 84 related to the St. Clair Avenue Study for the segment of St. Clair Avenue West between Old Weston Road and Blackthorn Avenue / Spring Grove Avenue. This is the remaining portion of the St. Clair Avenue Study (Bathurst Street to Keele Street) to be implemented and is the subject of an appeal to the Ontario Municipal Board by National Rubber Technologies Corporation.
In October 2009, City Council approved Official Plan Amendment No. 84 and Zoning By-law 1103-2009 to implement the findings and recommendations of the City-initiated St. Clair Avenue Study conducted for the segment of St. Clair Avenue West between Bathurst Street and Keele Street. The area between Old Weston Road and Blackthorn Avenue / Spring Grove Avenue was originally included in the initial recommendations on the St. Clair Avenue Study. Subsequent approved recommendations excluded the portions of the implementing Official Plan applying to the area and the area was excluded entirely from Zoning By-law 1103-2009 to permit staff to investigate potential odour impacts from a nearby industry on residential buildings that could be developed under the original proposed zoning with heights greater than 16 m. This was done in response to a letter received from the solicitors for National Rubber Technologies Corporation (NRT) at 35 Cawthra Avenue, who advised that taller residential buildings along this segment of St. Clair Avenue West may be impacted by air emissions from the operation of this facility.
The Official Plan and Zoning By-law amendments were enacted by Council in October 2009 and appealed to the Ontario Municipal Board (OMB) by NRT. The OMB has approved OPA No. 84 and Zoning By-law 1103-2009 for the St. Clair Avenue corridor between Bathurst Street and Blackthorn/Spring Grove Avenues. However, the appeal to OPA No. 84 as it applies to the segment of St. Clair Avenue West between Old Weston Road and Blackthorn/Spring Grove Avenues remains outstanding.
The proposed modification to Official Plan Amendment No. 84 discussed in this report establishes a framework to address the concerns raised in the appeal by National Rubber Technologies while also facilitating redevelopment opportunities in the area.
The proposed modification establishes the policy framework for City Council to enact a Zoning By-law containing an “H” holding symbol and establishes the permitted height for residential development once the “H” holding symbol is removed. The proposed modification will also establish all the requirements that must be met before City Council should lift the “H” holding symbol. The proposed modification provides an appropriate policy framework to accommodate residential uses in proximity to employment uses and to guide development and promote intensification in keeping with the general intent and vision of the St. Clair Avenue Study.
Authorization is sought for City staff to attend the Ontario Municipal Board to settle the outstanding appeal to Official Plan Amendment No. 84 by supporting a modification to this Amendment which includes an area specific policy for the western segment of St. Clair Avenue West (Attachment 1). Further direction is also sought to bring forward a Zoning By-law Amendment to implement the modification once it is approved by the OMB.
The text below is from this city report
Ministry of the Environment Planning staff met and corresponded with representatives from the Ministry of the Environment to gain a better understanding of how odour complaints are addressed by the Ministry. Ministry staff explained that odour emissions are regulated under the Environmental Protection Act (“EPA”) and industries that emit an odour are required to have Certificates of Approval to operate. Under the EPA, industries may be ordered by the Ministry to take measures to prevent or reduce the risk of odour emissions from their facility and may be prosecuted if the industry causes an adverse effect. An odour is considered an adverse effect if it results in the loss of enjoyment of a person’s property.
For example, should a resident detect an odour on a regular basis from their property (i.e., on a balcony, in a backyard or through an open widow) they can claim it is causing an adverse effect and file a complaint with the Ministry of the Environment
If a complaint is received the Ministry is required to investigate and if an odour is
detected the industry is required to address the issue to the Ministry’s satisfaction. Ministry staff explained that all mitigation must be undertaken at the source (industrial site) where the odour is originating, however feasible. In addition, mitigation measures incorporated into the design of a future residential building or utilizing warning clauses in agreements are not considered suitable measures for addressing odour issues and will not protect an industry from possible investigation or prosecution by the Ministry. In written correspondence to the City, the Ministry of the Environment noted that “there is no measuring device that can be used by Ministry staff when responding to odour complaints to ascertain a specific level. The odour unit measurement is a qualitative measure as opposed to a quantitative one and as a result, it is not measured in the field.
Most typically, a Minsitry officer responding to an odour complaint will assess the
severity of it and use their judgement to determine a course of action for having it dealt with.” Ministry staff have also advised that NRT does have a history of odour complaints where Ministry staff investigated and NRT was required to address the matter to the Ministry’s satisfaction.
The Provincial Policy Statement (PPS) sets out the vision for Ontario’s land use planning
system and states that strong communities, a clean and healthy environment and a strong
economy are inextricably linked. Long-term prosperity, environmental health and social well-being depend on wisely managing change and promoting efficient land use and development patterns that support strong, liveable and healthy communities, protect the environment and public health and facilitate economic growth. To achieve efficient development and land use patterns, Section 1.1.1 of the PPS states that healthy, liveable and safe communities are sustained by promoting development which sustains the financial well-being of the municipality, by accommodating an appropriate range and mix of uses and by avoiding development and land use patterns which may cause concerns. In addition, Section 1.7.1(e) of the PPS states that long-term economic prosperity should be supported by planning so that major facilities, including industries, and sensitive land uses are appropriately designed, buffered and/or separated
from each other to prevent adverse effects from odour, noise and of the contaminants, and minimize risk to public health and safety.
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