Sabrina Byrnes / Metroland file photo PICKERING -- Rick Nicolussi, with the organization Stop the Stink, set up an information table at the open house held at the Petticoat Creek Community Centre October 17 by Ward 1 Regional Councillor Bonnie Littley. Local organizations had booth sets up to inform the public about certain issues relating to climate change, urban growth and food security.  Stop the Stink is opposed to the location of an odour control facility for the York-Durham sewer facility.  October 17, 2009

PICKERING -- The Minister of the Environment has approved the environmental assessment for the expansion of the 'Big Pipe,' and Pickering councillors are not happy, despite the conditions put on the project.

“This is the wrong decision,” said Ward 3 City Councillor David Pickles.  “I am upset, residents will be upset.  We have legitimate concerns that have not been addressed.”

The new southeast collector trunk sewer for the York-Durham Sewage system is being built to accommodate York Region's future growth in Richmond Hill, Aurora, Markham, Newmarket and Vaughan.  The sewage is taken to the Duffin Creek Water Pollution Control Plant in Pickering.

“Very tough conditions on this sewer project will help conserve water while ensuring the environment and human health are protected,” said environment minister John Gerretsen in a press release.  “We can and must protect Ontario's environment while building and operating the infrastructure necessary to manage growth.”

Mr. Gerretsen also denied a number of requests for a hearing by the Environmental Review Tribunal, calling it unnecessary.

“Having considered the purpose of the Environmental Assessment Act, the approved terms of reference, the environmental assessment, the ministry review of the environmental assessment and submissions received, I hereby give approval to proceed with the undertaking, subject to conditions set out below,” he said.

Those conditions include: monitoring for potential impacts on ground and surface water as well as air quality during construction and operation of the sewer; creating measures to conserve and use water efficiently and to reduce inflow and infiltration of water into the sewer; implementing and reporting on odour control measures including a protocol for dealing with odour complaints; setting up an advisory committee to review and give advice on required monitoring and reporting plans; and protecting and enhancing Bob Hunter Memorial Park.

While pleased that an advisory committee has been set up to monitor those controls, Mayor Dave Ryan feels more must be put in place to focus on actions if something goes wrong.

“While there are a number of monitoring controls, there was no mention of remedial action or sanctions,” he said.

He plans to write a letter to Mr. Gerretsen to address his concerns.

Ward 1 Regional Councillor Bonnie Littley feels the minister has taken too narrow a view.

“They are asking the wrong question: how to implement the 'Big Pipe' rather than analyzing alternatives to the undertaking, as directed by an environmental assessment,” she said.  “Instead of dealing with the concerns of our residents, this decision turns the environmental assessment process into a rubber stamp.”

Pickering has launched legal action against York Region, accusing it of failing to properly consult the public.

“The City is looking at its options in terms of a judicial challenge and we continue to pursue that,” Mayor Ryan said.

Local groups such as Stop the Stink and the Rouge Duffins Greenspace Coalition have been adamantly fighting the pipe's expansion, noting the following issues as some of their concerns: effects on drinking water such as Lake Ontario; transporting the sewage through underground drinking water aquifers and the Oak Ridges Moraine; and odour issues.  The biggest concern: that York is dumping its sewage into Pickering rather than taking care of it itself.

York insists the pipe will be safe and says it has taken the concerns into consideration.

Mayor Ryan thanked the community for its strong opposition to the pipe.

“The community did a good job of making the provincial government aware of our concerns,” he said.  “We supported them in that.  The minister has chosen to approve the pipe in spite of our resistance.  We will continue to do our best as a municipality to continue to - if the pipe can't be stopped - at least lessen the possible impacts on our community.”

The efforts of the many Pickering residents to stop the stink have been amazing and effective.  They have expressed their views to the City, York and Durham Regions, our MPPs, and the Minister of the Environment.  They have done research, visited other facilities, informed the community and put forward rational arguments and alternatives.  Thank you and keep up the good work!

I and Pickering Council have been clear, consistent and working with residents in opposing locating an Odour Control Facility in Pickering.  We have also raised concerns with the proposed pipe route and impacts to the environment and Pickering residents.  Pickering Council has considered and passed several resolutions including: seeking more time to review and participate in the environmental assessment, more public consultation, opposing the location of an Odour Control Facility (OCF) in Pickering, seeking legal opinions, challenging the environmental assessment and potential project approval, and taking legal action.

In response to Pickering Councils and Durham Councils resolutions to relocate the OCF, York Region has proposed to move the OCF from south of Cherrywood to a site northwest of Cherrywood in York Region, on the west side of the York Durham Town Line.  At the Pickering Council meeting of October 19, 2009 I seconded a motion: 1.  that Council retain a qualified expert to assist with the review of the Environmental Assessment on in flow/infiltration issues and aquifer delineation issues 2.  that Council write to the Minister of the Environment to address the amended EAs and the government review and 3.  that if unsuccessful in achieving the desired results with the letter to the Minister an application commence for judicial review.  This motion carried unanimously.  A subsequent motion was also carried to seek legal action against the Region of York.

I have, and continue to act, in the best interests of residents and the City and have vigorously opposed the OCF in Pickering.  I have worked with residents, I have spoken with the Durham Regional Chair, and our two Pickering MPPs, and I have contacted all Regional Councillors seeking their support and assistance to support Pickering and its residents.  The Southeast Collector Trunk Sewer was constructed in the 1970s.  It moves wastewater from York Region through the City of Pickering, in the vicinity of the CPR railway tracks north of Finch Avenue to the Duffin Creek Water Pollution Control Plant (WPCP) located in Pickering.  York Region is now undertaking an environmental assessment to construct a second line in the same general area and construct an Odour Control Facility.  The Ministry of the Environment is presently reviewing the environmental assessment and views received before making a decision.  So, write the Ministry with your concerns.

Sabrina Byrnes / Metroland PICKERING -- Peter Rodrigues, with the organization Stop the Stink, chatted with Jim Ward, before the organization's meeting at Pine Ridge Secondary School Nov. 11. November 11, 2009

PICKERING -- The City of Pickering is officially raising a stink.

Pickering is suing York Region for allegedly breaching the memorandum of understanding signed between York and Pickering in 2005 when plans to expand the ‘Big Pipe’ were discussed.

The York-Durham sewage system, or the ‘Big Pipe’, was built in the 1970s to carry waste from York Region into south Pickering for treatment at the Duffin Creek Water Pollution Control Plant, owned by York and Durham regions.

York currently plans to expand the pipe to accommodate its growing population.

The expansion will require an odour control facility, which was originally set to go near the Cherrywood West subdivision in Pickering.  However, York moved it just into its own region on the west side of the York-Durham Townline, north of Taunton Road, after receiving strong resistance from Pickering and Durham councils and residents who felt they weren't properly consulted.

This new location was agreed upon without Durham council's approval during the summer recess.

“As a result, the City continues to disproportionately bear the risk of potential negative impacts, while York Region proposes to disproportionately receive the benefits of the undertaking,” said lawyers representing Pickering, Rubinoff Fogler and Peter W.G Carey.

Erin Mahoney, York's commissioner of environmental services, however, said it will cost York “millions of dollars” to move the odour facility to York, but it chose to do so to satisfy local concerns.

The notice of application from the City accuses York of breaching its duty in fairness and to consult with residents, property owners and the City as part of the memorandum.

Ms. Mahoney maintained York has continuously consulted residents, Durham Region and the City through numerous town hall meetings, neighbourhood sessions, advertisements, welcoming comments, and door-knocking. She said York plans to “vigorously” defend the suit.

“We assessed 13 alternative routes,” she said.  “Not only do we think we've consulted with the public in a meaningful way; the Province has agreed with us.”

The Ministry of the Environment has seen the environmental assessment and gave York the OK to go ahead with the project.

But, according to Ms. Mahoney, York knew the suit “was in the mix of possibilities” since Pickering told York in a letter in October the City wanted its concerns addressed and threatened legal action if they weren't.  York responded, but denied any breach and refused to reconsider its position.

A number of residents have been involved and opposed to the issue, and community group Stop the Stink has held a number of meetings and collected thousands of signatures in opposition to the plans.

“I personally am quite ecstatic that the City has acknowledged this is not just one community that will face problems, but the entire city of Pickering,” said resident Devi Gopalan.

She said Stop the Stink, unsatisfied with the ministry's review, has started a letter-writing campaign to further oppose the facility.

“We've looked at the MOE's review of the matter and we're quite disappointed,” she said.

The letter stated a number of problems with not only the MOE's assessment of the environmental process, but with York's actions in general.

“The only solution that is acceptable to me is that the Minister of Environment rejects the proponents' SEC EA in its entirety and requires the proponents to fully meet all the requirements for this undertaking,” the letter said.

If not, the matter should be referred to the Environmental Review Tribunal, it said.

Ms. Gopalan hopes to get 5,000 letters to the MOE by Friday, Nov. 20.

The case is scheduled to be heard in superior court in Whitby on March 1, 2010.

Sabrina Byrnes / Metroland PICKERING -- Rick Nicolussi, with the organization Stop the Stink, set up an information table at the open house held at the Petticoat Creek Community Centre October 17 by Ward 1 Regional Councillor Bonnie Littley.  Local organizations had booth sets up to inform the public about certain issues relating to climate change, urban growth and food security.  Stop the Stink is opposed to the location of an odour control facility for the York-Durham sewer facility.  October 17, 2009

DURHAM -- Less than a week after regional council turned its nose up at a request for a time-out in dealing with an odour control facility for the 'Big Pipe' expansion, Pickering council put its foot down.

Durham councillors last Wednesday voted down a request from its Pickering members to stop the environmental assessment process so completed studies can be reviewed.  York Region has completed an EA for the project and submitted it to the provincial environment ministry in late August.  Pickering residents and politicians are upset the EA was filed without first being considered by Durham council and requested the EA process be put on hold for about four months so opponents of the expansion can review all the information.

Despite the Region's refusal, Pickering council agreed Monday to petition the Minister of the Environment to reject the EA, and if he doesn't, launch a judicial review.  It has also hired environmental law expert Rodney V. Northey, of Fogler, Rubinoff LLP.

“We had to take this further action to continue to oppose the odour control facility and support our residents who could be negatively impacted,” said Ward 3 City Councillor David Pickles.

York Region needs to expand the sewer system leading to the York-Durham Sewage Treatment facility in south Pickering, next to the nuclear station.  One aspect of the expansion is an odour control facility York had wanted to put in Pickering, on Altona Road near the hamlet of Cherrywood West.  Residents living nearby opposed the site, fearing odours would come from the facility.

York officials have since moved the facility site to the west side of the York-Durham Townline, north of Taunton Road.

Pickering resident Devi Gopalan said at the Region she didn't want the process to be stopped, but was simply asking for a review.  After the plans were rejected, she attended Pickering council Monday.

“Pickering council did today what our MPPs and Durham Region failed to do, which is to look out for the residents of Pickering,” she said.

Ward 2 Regional Councillor Bonnie Littley proposed the time-out, saying it would give Regional and City officials a chance to review matters.

“We're not asking to stop the EA or the plant expansion,” Coun. Littley said.  “With a time-out we'll get an EA we can all live with.”

Cliff Curtis, the Region's works commissioner, said the MOE has released its preliminary review of the EA material and didn't have a problem with it.

Ninety-nine per cent of the time residents won't notice an odour, he said, and in that other one per cent, the odours will be very minimal.

At Pickering council, Mayor Dave Ryan assured the more than 200 residents in attendance “based on legal opinions you should feel comfortable your Council is representing you vigorously,“ against York's proposal.

A four-month time-out, Ward 2 Regional Councillor Bill McLean said, would have been "worth a try to see if we can get this together.

“The last thing we at the Region and the City want to do is get into a legal fight over this,” he said.  “What is four months to ensure this process is done right?”

But since that plan was rejected, Pickering chose to launch a legal challenge.

Ward 1 City Councillor Jennifer O'Connell accused York of breaching its obligations under the memorandum of understanding it signed with Pickering in 2005 upon original plans to expand the 'Big Pipe.' It included clauses that York would treat residents fairly and provide full and timely communication with them on all project issues.

But she said it wasn't just York's fault Pickering chose to take legal action.

“Had (Durham) Region as a whole protected us like they were supposed to, we would not be in this position,” she said.  A letter from York Region's chief administrative officer stated York's disappointment with Pickering's legal plans, calling many of the allegations incorrect.

PICKERING -- After about seven hours of discussing the southeast collector trunk sewer (Big Pipe) expansion and its accompanying odour control facility at Pickering's packed City Hall Monday, council chose to seek legal action against York Region.

The Duffin Creek Water Pollution Control Plant in south Pickering treats 94 per cent of York's sewage, and York is seeking to expand the Big Pipe that carries the sewage, in order to accommodate York's growing population.

After Pickering residents, the community group Stop the Stink and council opposed the original planned location of the odour control facility in the Cherrywood West subdivision, York Region chose a new location just over the York-Durham line, between the Taunton-Steeles connection and 4th Concession Road.  York Region Chairman Bill Fisch and Durham Region Chairman Roger Anderson signed an agreement on the new location during summer break.  The plans were then submitted to the Ministry of the Environment for an environmental assessment, which is currently being reviewed.

“What it really comes down to is 'in our face,'” said community activist and former Pickering regional councillor Maurice Brenner.

Ward 1 City Councillor Jennifer O'Connell and Ward 2 Regional Councillor Bill McLean put forward a motion that staff launch legal action against York Region for breaching conditions set out in a memorandum of understanding Pickering and York signed in 2005 regarding the Big Pipe, and failure to carry out timely communication with residents, which is a requirement of the Environmental Assessment Act.  The memorandum also stipulates York treat its residents and the City fairly and with equal justice when making decisions on the Big Pipe.

“The time for talk is over,” Coun. O'Connell said. “The time for action is now.”

She recounted Pickering's legal action it launched and won against the City of Toronto to have the Brock West dump closed in 1996.

Coun. McLean asked nearly every public speaker if they felt launching legal action would be a useful way to spend taxpayers' dollars, and the residents unanimously said yes.

Coun. O'Connell reminded everyone that the City was reimbursed for the cost of the 1996 action.

After a lengthy debate by council, changes to some of the wording were made to the motion, including changing the words that council must “seek out” legal action instead of “pursue” legal action.

After Coun. O'Connell feared the motion might be referred back to staff for information, she asked Jim Robb, executive director of the Friends of the Rouge Watershed, who's been involved in similar legal actions in the past, for his opinion.

“You don't have much time to beat around the bush,” Mr. Robb said.

While the City has its own solicitor, council directed staff to seek out all legal activity provided by law, such as environmental lawyers.

“You can't be a jack-of-all-trades in these things,” Mr. Robb said, referring to the need for more legal opinions.

Carla Thomas shared the reasons her neighbourhood, close to the proposed odour control facility, is precious to her.  She commutes to Toronto for work each day and feels she already gets enough of the “putrid” smell there.

“"My home is a getaway from that,” she said.

She added she'd hate to lose the local wildlife if the facility actually goes in.

In the end, Coun. O'Connell and Coun. McLean did not support their own motion because they thought it had less impact after the changes, but council passed it nonetheless.

Another motion was passed by Ward 1 Regional Councillor Bonnie Littley and Ward 3 Regional Councillor Rick Johnson requesting the MOE halt its decision on the environmental assessment until an acceptable location is found for the odour control facility, and that the study area be expanded to include areas south of Finch Avenue, which hasn't been looked at.  If it isn't adhered to, council agreed to request a judicial review on the process.

Council also passed Ward 2 City Councillor Doug Dickerson's motion that the City request financial contributions from the City of Toronto and the Rouge Park Alliance, which are also opposed to York's actions.

An update will be provided at the next council meeting.

a) YORK/DURHAM ODOUR CONTROL FACILITY

WHEREAS the Region of York has recommended a site under the Environmental Assessment Act to construct an Odour Control Facility (OCF) on the York/Durham Townline south of Concession 5; and

WHEREAS the Region of Durham has passed by unanimous vote that the OCF be moved out of Durham; and

WHEREAS while recommending the construction of the OCF to the West Side of the York/Durham Town Line the Region of York has failed to address the impacts that the OCF on the Pickering community and has failed to address both the location and impacts of the proposed infrastructure fans with-in boundaries of Durham and specifically the urban envelope of Pickering; and

WHEREAS the recommended location for the OCF and its infrastructures will negatively impact the sustainability of Pickering and it's residents; and

WHEREAS the City of Pickering is opposed to any location and it's infrastructure where it continues to impact Pickering residents and our sustainability; and

WHEREAS residents of Pickering have raised concerns through petition, letters and presentations opposing any facility that may impact their quality of life, social, environmental and economic; and

WHEREAS in bringing forward their recommended location for the OCF, York Region failed to consult and seek input from impacted community members; and

WHEREAS the Region of York failed to expand it's study area for the purpose of consultation to include additional communities who may be impacted by the OCF and it's supporting infrastructure; and

WHEREAS prior to submitting its final recommendations, the residents of Pickering, through their Elected Officials at the City level and the Regional level where not afforded an opportunity to discuss and comment on the what York Region was recommending; and

WHEREAS the recommended route and location of the OCF fails to address the concerns raised by the Rouge Park Alliance, which the City of Pickering and Durham Region are both members of.  As well the concerns raised by the City of Toronto have also yet to be addressed; and

WHEREAS York Region entered into a Memorandum of Understanding (MOU) to recognized the need for all parties to act in the interest of their respective Municipalities; and

• Well mitigation for Pickering residents and compensation for adverse impacts
• Full and timely communication with residents on all project issues
• Restoration and/or resurfacing of local roads damaged during construction
• Landscaped and enhanced lands in permanent shaft locations
• Realignment and enhancements to the Waterfront Trail within the limits of the Duffin Creek Water Pollution Control Plant; and

WHEREAS York Region has failed to fulfill the conditions and intent of the MOU with the City of Pickering.
NOW THEREFORE BE IT RESOLVED the Council for the Corporation of the City of Pickering direct staff with a view to commencing legal action against York Region by investigating all legal actions available by law and further that an external expert environmental lawyer be retained as directed and Council to be updated as to the actions to be taken at the next regular meeting; and

That the City of Toronto and the Rouge Park Alliance be requested to be a partner with the City of Pickering in the legal action including funding;

AND THAT a copy of this resolution and it's attachments be sent to Durham Regional Council, York Region Council, Ministry of the Environment, Rouge Park Alliance, City of Toronto Council, MPP Wayne Arthurs, (Scarborough/Pickering), John O'Toole, MPP Durham and MPP Joe Dickson, (Ajax/Pickering).

The main motion, as amended, was then CARRIED ON A RECORDED VOTE AS FOLLOWS:

b) Southeast Collector (SEC) Trunk Sewer

That the Council of the City of Pickering request that the Provincial Minister of the Environment not issue any decision on the Final (Amended) Southeast Collector (SEC) Trunk Sewer Environmental Assessment (EA) Report currently under review until an acceptable location has been found for the Odour Control Facility in York Region;

Further, we request that in order to determine an appropriate location the Minister instruct York Region to expand the study area to include the urban areas south of Finch Avenue in Pickering to assess potential health and social impacts to area residents from the proposed Odour Control Facility and its infrastructure on the Pickering community; and

Further, that in the event this is not granted, that legal action be taken for a judicial review under the Environmental Assessment Act;

Further that the proponent be required to undertake further review of the items noted below and be directed to provide this information to the City and present this information at a public meeting to be arranged by York Region in the City of Pickering;

• Review of public consultation undertaken on the pipe related facilities, including the Odour Control Facility, fans and metre facilities,
• Review of options available for the location and design/technology of the proposed Odour Control Facility,
• Review of the proposed location and design/technology of the Odour Control Facility,
• Review of options for and proposed location and design/technology of fans and metres and any other facilities proposed to be located in Pickering,
• Identification and review of potential adverse affects, including health affects, of the pipe, Odour Control Facility and any other related facilities,

Further that York Region agree to provide sufficient funds to the City of Pickering for the purpose of retaining a professional peer review of the above and any other pertinent information related to the pipe and related facilities, including the Odour Control Facility, and potential adverse affect and prepare a report to MOE and the City of Pickering; and

Further that York Region be requested to cease any expropriations until the final decision;

AND THAT a copy of this resolution be sent to Durham Regional Council, Regional Municipality of York, Ministry of the Environment, Rouge Park Alliance, City of Toronto Council, MPP Wayne Arthurs, (Scarborough/Pickering), John O'Toole, MPP Durham and MPP Joe Dickson, (Ajax/Pickering).

The main motion, as amended, was then CARRIED ON A RECORDED VOTE AS FOLLOWS:

DURHAM -- Pickering residents are continuing their fight against an odour control facility York Region wants to build near the city.

York submitted the environmental assessment with the provincial Ministry of the Environment on Aug. 21.

The facility is part of the 'Big Pipe', an expansion of the sewage system in York needed to accommodate future growth. York and Durham jointly own the Duffins Creek Water Pollution Control Plant, in south Pickering, which the expansion would tie into.

About a dozen residents turned out on Wednesday for a meeting of Durham council's works committee to continue protesting the facility.  York had originally wanted to build it on Altona Road, just south of the hamlet of Cherrywood West. Residents opposed that and Pickering and Durham councils both voted to have York move the facility.

A site on the east side of the York-Durham townline, north of Taunton Road, was next proposed, but the facility would still be in Pickering.  Finally, York officials moved the location across the road to the opposite side of townline.

“Pickering will not be a willing host. This will be with us for 30 years,” Pickering resident Peter Rodriques said.

“Until we're convinced it will have no impact on Pickering residents, we'll continue to oppose this,” Barb Findlay stated.

Betty Burkholder said York has begun proceedings to expropriate land in Pickering needed for the facility.

York officials told her last week they would be expropriating a parcel of her property. She said the land would be “a fraction of an acre.”

Wayne Green, the project manager from York Region, said a portion of 10 properties in Pickering are needed for the facility, with six in York.

“This process has been off track since day one,” Pickering Councillor Rick Johnson said.  “It's totally unacceptable.  For us to sign off on anything is something I can't support.”

Devi Gopalan said, “Consultation is the cornerstone of the Environmental Assessment Act.  We haven't been involved.  We haven't been consulted.  They've said 'This is what will happen. So sad, too bad.'”

Ms. Gopalan noted she's spoken with MOE officials and was told “if you want to take a time out, there's no reason you can't.”

Coun. Johnson put forward a motion requesting a three-month “time-out” be taken by the MOE to expand the study area and possible effects the facility could have on residents.  The motion was defeated.

Regional Chairman Roger Anderson said he wouldn't support the motion, saying it's “just putting off somebody making a decision.  There's not one thing we heard today we haven't heard 68 times.

“It's not an easy decision, especially for councillors from Pickering.  They've been through this dozens of times, literally dozens of times.  Pickering councillors are supporting their residents,” Mr. Anderson said.

Pickering Councillor Bill McLean said, “What's the rush?  So what if it takes three more months?  It's transparency.”

Coun. Johnson said, “All I want to see is this work some place without odours.  If you can show me, I'll raise my hand (in support).”

He visited facilities in Edmonton and Ottawa and there were odours in the neighbourhoods nearby.

“It just doesn't work anywhere else.  Three months isn't a long time to wait,” Coun. Johnson said.  ldquo;All I've heard from residents is it's an insult where they put it.

“All I'm asking is a little more time be spent.  Prove to me it works and I can stand up in my community and be a leader,” Coun. Johnson said.

Graphic showing what a proposed odour control facility is expected to look like once built as part of an expansion being considered at the Duffin's Creek sewage disposal plant. Feb. 25, 2009

PICKERING -- Despite York Region's decision to move the location for a proposed odour-control facility (OCF) originally planned for Pickering back to York, residents are still fighting it.

“Why should it affect us and not York at the same time?” said Cherrywood West resident Gordon Belfry at a recent meeting on the topic.

The Region of York had originally planned to build an odour control facility that's needed to accommodate the expansion of the 'Big Pipe,' which takes sewage from York to the Duffin Creek Water Pollution Control Plant in south Pickering, on Altona Road, south of Cherrywood West.

But after opposition from residents, Durham Region council didn't support the location. Durham chairman Roger Anderson and York chairman Bill Fisch then signed an agreement to build the OCF on the west side of the York-Durham boundary, between the Taunton-Steeles connection and the 4th Concession Road.

Booster fans, which will help push the odour back into York Region, are still planned for Altona Road, Fairport Road and Scarborough-Pickering Townline Road.

Local group Stop the Stink formed early this year to fight an OCF they feel would negatively affect Pickering residents.  The group held a meeting to update residents last Thursday.

Mr. Belfry's home would have been 300 metres from the original location, and is now 800 metres away.  However, since the winds travel southeast, it'll be even worse, he said.

“It's like a straight shot right across the field,” he said.

Also, since he uses well water, he's concerned with the water quality should any toxins from the facility leak into the soil.

Stop the Stink member Devi Gopalan listed a number of concerns.  Residents are worried about possible health risks, the fact they have yet to see a properly working OCF and mostly, that weren't consulted on the new location, which wasn't passed by council.  Ms. Gopalan added the environmental assessment has already been handed to the Minister of the Environment, who has final say.

Jennifer O'Connell, Pickering Ward 1 City Councillor, informed the group that she and Ward 2 Regional Councillor Bill McLean are planning to bring forward a motion that will seek a judicial review of the process.

At Tuesday's planning and development committee meeting, she gave formal notice the motion will come to the next council meeting.

No one from York Region attended Thursday's meeting.  But at a past public information session, Erin Mahoney, the commissioner of environmental services for York Region, said the OCF has been moved out of the concentrated area and into a rural one instead based on the community's opposition.

“We responded to the community,” she said. “The best place is where we had it.  On balance, we've heard the needs of the community and we've responded to it.”

There would be “non-detectable odours coming out of the stack,” she said.

Stop the Stink hopes as many people as possible will sign up for upcoming Durham Region council meetings to show their disagreement with the current location.

More than 2,000 people have signed a petition against the OCF.  Also, Stop the Stink attended a rally recently at Bob Hunter Memorial Park in Markham, named after the founder of Greenpeace and where the pipe is planned to run through.

-- with files from Keith Gilligan

By Keith Gilligan

PICKERING -- An odour control facility originally planned for Pickering has been moved back into York Region.  But, just barely.

The facility will be built on the west side of the York-Durham boundary, between the Taunton-Steeles connection and the 4th Concession Road.

It's part of the expansion of the 'Big Pipe', which carries sewage from York to the treatment plant in south Pickering, next to the nuclear generating station.  York is doing to the work to accommodate growth in that region.

The odour control facility was originally planned to be constructed on Altona Road, south of the Cherrywood West hamlet.  However, residents living near there objected and York officials agreed to consider another site.

In May, they announced a location immediately opposite the site where York now wants to put the facility.  Again residents complained, feeling the site was still too close to homes and the facility should be in York, where the waste is generated.

York officials hosted a public information session at the Cedar Grove Community Centre in Markham on Thursday, July 23.

“Obviously, there's the spirit of (the law) and the letter of (the law)” Whitevale resident Peter Rodrigues said of putting the facility just across the border from Pickering.

“We are going to continue to fight it right through to the Ministry of the Environment,” Mr. Rodrigues added.

Peter Herrmann said he was “disappointed” with the latest location.

“They heard our disappointment and they only put it on the other side of the town line,” Mr. Herrmann said. “There's no guarantee there's no odour.”

York Chairman Bill Fisch had spoken of “a partnership and how he wanted to work with the citizens of Pickering,” Mr. Herrmann noted.  Moving the facility “to one side of the road to adhere to a council decision is insulting.”

The latest option shows “a lack of consideration for the residents of Pickering,” Mr. Herrmann said. “It's only shown York had very little interest in the benefit of Pickering residents.  It's only for the benefit of the residents of York Region.”

“They're not meeting the spirit and intent of the motion of Durham Region,” said Rick Nicolussi, a Cherrywood West resident.

He dismissed the claim no odours would come from the plant.

“They can't prove that.  There's been no other facility this big.  They have nothing to show us.”

“I've lived in Pickering all my life.  I'm an antique.  Why is Durham Region picked to be the dumping ground for everything from York Region?” asked Lydia Dobbin of Cherrywood West.

Erin Mahoney, the commissioner of environmental services for York Region, disagreed with comments about not meeting the intent of council motions.

“I actually think it is in the spirit. We're moving away from a more concentrated centre of development.  It's out of Durham,” she said.  “It's out in rural area.”

“Can an odour control facility be within urban areas? They can,” she said, noting York is building one in the area of Bayview Avenue and Hwy. 407.

“The community didn't want” the facility near Cherrywood West, she said.  “We responded to the community.  The best place is where we had it.  On balance, we've heard the needs of the community and we've responded to it.”

There would be “non-detectable odours coming out of the stack,” she said.

York is completing an environmental assessment for the expansion and will be filing that with the provincial environment ministry by the end of the summer.

Markham

Proposed site moved to Markham after outcry in Pickering
Keely Grasser

A sewage odour control facility, moved from a planned site in Pickering after residents' outcry, is now proposed to be in southeast Markham.

York Region is proposing to build the facility, for the southeast collector trunk sewer project, on the west side of the York Durham Line, north of Steeles Avenue.

It's part of the Big Pipe, a sewage system being expanded by York and Durham.

But earlier this year, Pickering residents said they didn't want the odour control facility, which will filter and release air flow from the trunk sewer, which moves raw sewage from York to a treatment facility in Pickering, in their town.

More than 4,500 e-mails and petitions from residents spurred Durham council to pass a resolution asking York to put the facility in its back yard.

The regions went to the public this week with the new proposed site.

The region said the closest neighbours to the rural site are more than 300 metres away, so they shouldn't notice vibrations or noise during construction or operation.

And it won't stink, it claims.

Erin Mahoney, York Region's commissioner of environmental services, said a number of design elements should give the public assurance about that.

Biofilter systems will break down odour-causing substances, the region said, and two carbon filters will back that up.

The system will also have 100-per-cent extra capacity in case it has to go off-line, Ms Mahoney said,

Spare parts will be on-site for mechanical equipment and the regions have committed to a short turn-around response time for any incidents, she said.

That should give residents in York and Durham regions the comfort the facility won't release odours, Ms Mahoney said.

She said York and Peel regions share an odour control facility near a convention centre.

“We know odour control facilities do work,” she said.

However, Markham Councillor Logan Kanapathi, whose ward is home to the proposed site, said some residents have concerns about odours.

He's raised his concern at committee meetings.

“I raised my concerns on behalf of residents and I don't like it, personally,” he said.

Paul Reesor, the president of the Cedar Grove Community Club, said his group has not yet spoken about the issue.

The regions held a public information session on the new proposed site in Markham Thursday.  It attracted some residents from Pickering, where homeowners expressed concerns about smell, lower property values and health concerns when the facility was proposed for Altona Road and Finch Avenue East.

Regional staff were on hand with handouts to assure the public the facility won't smell and won't be visible, since it will be partially buried and landscaped.

It also won't affect groundwater, according to the regions.

The site is close to Rouge Park, but it's outside the park boundary, Ms Mahoney said.

The region will also pay for enhancement features inside of the park.

York has been talking to Rouge Park staff about the proposal, she said.

Alan Wells, the chairperson of the Rouge Park Alliance, wasn't immediately available for comment.

Residents are able to offer their thoughts to the region until Aug. 7.

Ms Mahoney said any comments collected at Thursday's session will be included.

After that, the region will be resubmitting an environmental assessment for the project to the Ministry of the Environment.  The public will then get another chance to comment to the ministry.

Asked what will happen if there is public outcry over the Markham site, Ms Mahoney said she thinks concerns have been addressed by moving the facility into York.

Carola Vyhnak
Staff Reporter

Bowing to pressure from thousands of residents, Durham Region has changed its mind about letting York Region build a sewage odour control facility in Pickering.

In a unanimous decision today, council agreed to tell the Ministry of the Environment they want the facility built in York, well away from the proposed location at Alton Rd. and Finch Ave. E.

"The message to York is, 'Take it and move it,'" Pickering Council Bill McLean said as area residents packed the council chamber at regional headquarters.

More than 4,500 people voiced their opposition in emails and petitions arguing that the odour-control facility that will treat the stench from York Region's sewage will foul the air, lower property values and pose a potential health risk.

The project is awaiting provincial government approval but McLean said council's decision today should "carry a lot of weight" in having the environment ministry tell York to look at possible sites there.

The facility, a joint project between York and Durham, is part of the expansion of the sewage system know as The Big Pipe.  It would filter and release air flow from the trunk sewer, which takes raw sewage from York to the treatment plant in south Pickering.

Jason Liebregts/Metroland CHERRYWOOD - Cherrywood residents Robert and Griselda Verbancic, left, and Helen Gardner are concerned with an odour control facility connecting a big pipe sewer line from York to the Duffins sewage plant.  Dec. 19, 2008

PICKERING - A sewage odour control facility (OCF) doesn't belong in Pickering, Council said Monday after hearing from York Region consultants and staff, and residents opposed to its possible Cherrywood location.

The executive committee told York to consider alternate locations since the only sites ever looked at were in Pickering.

"I think that's a flaw in the process," said Ward 3 City Councillor David Pickles.

The OCF is part of the York-Durham Sewage System, which takes sewage from York to the Duffin Creek Water Pollution Control Plant in Pickering.  The proposed new Southeast Collector Trunk Sewer - being built to handle York's growing population - will only service York.  A group, Stop the Stink, has collected about 1,000 signatures opposed to an OCF just south of the Cherrywood West subdivision (Altona Road and Concession 3).

"We know through history that chances are it's going to stink," said Rick Nicolussi, representing Stop the Stink.

Project manager Dave Beattie of AECOM, York's consultant, said there will be no odour impact since the biofilter technology being used is of the highest quality and, if it falters, there will be a backup.

Mr. Beattie said York wasn't considered to host the facility because it has a higher risk of odour problems than Pickering and it would disrupt a number of its natural environmental features.  Ward 1 City Councillor Jennifer O'Connell pointed out the OCF will go on Pickering's natural environmental lands, the Greenbelt.

York reports also say that since the odour is most prevalent in Pickering, it's better to have the OCF as close as possible to the source, and drawing odours to a remote location for treatment would be complex and less reliable.

"We all think (the odour is) generated in York Region," said Ward 2 City Councillor Doug Dickerson, who added it's time Pickering's MPPs get more involved in the issue since the decision will be up to the minister of the environment.

Residents were also concerned with the look of the OCF, which would be located in a brick farmhouse-style building with a chimney about 40-feet high.

Although happy with the executive committee's decision, Mr. Nicolussi is afraid of what Durham Region will decide.

"I think our battle is going to be one with the ministry of the environment through the Environmental Assessment process," he said, adding residents have been sending the minister numerous letters.