1 1 SAANICH PENINSULA WASTEWATER COMMISSION Notice of Meeting on Thursday, January 19, 2017 at 8:30 am Saanich Peninsula Treatment Plant Meeting Room, 9055 Mainwaring Road, North Saanich, BC M. Williams P. Wainwright R. Barnhart M. Doehnel C. Graham M. Lougher-Goodey C. Stock M. Thompson M. Wiesenberger R. Windsor 1. Election of Chair and Vice-Chair 2. Approval of Agenda 3. Adoption of Minutes of November 17, 2016 4. Chair s Remarks 5. Presentations/Delegations No one has registered to speak AGENDA 6. Execution of Wastewater Service Agreement with Victoria Airport Authority (Report #SPWWC 2017-01) 7. Wastewater Connection Agreement with Town of Sidney (Report #SPWWC 2017-02) 8. New Business 9. Adjournment Distribution: Staff/Town Halls, etc. R. Lapham L. Hutcheson N. Chan A. Orr G. Harris T. Robbins I. Jesney M. McCrank D. Robson M. Cowley M. Montague Commission file P. Robins, Central Saanich R. Buchan, North Saanich E. Toupin, North Saanich R. Humble, Sidney T. Tanton, Sidney Tsartlip First Nation To ensure a quorum, advise Margaret at 250.474-9606 if you or your alternate cannot attend. IWSS-928280410-5043
2 2 Minutes of a Meeting of the Saanich Peninsula Wastewater Commission Held November 17, 2016 in the Saanich Peninsula Treatment Plant Meeting Room, 9055 Mainwaring Road, North Saanich, BC PRESENT COMMISSIONERS: M. Williams, M. Lougher-Goodey, C. Graham, R. Windsor, M. Doehnel, M. Thompson, R. Barnhart, M. Weisenberger, C. Stock STAFF: M. McCrank, G. Harris, C. Lowe, H. Gibson, T. Smyth, S. Orr, M. Montague (recorder) GUEST: K. Brown The meeting was called to order at 8:40 am. 1. APPROVAL OF AGENDA MOVED by Commissioner Stock and SECONDED by Commissioner Windsor, That the Saanich Peninsula Wastewater Commission approve the agenda and supplementary agenda. 2. ADOPTION OF MINUTES CARRIED MOVED by Commissioner Windsor and SECONDED by Commissioner Barnhart, That the Saanich Peninsula Wastewater Commission adopt the minutes of the October 20, 2016 meeting. CARRIED 3. CHAIR S REMARKS The Chair had no remarks. 4. PRESENTATIONS/DELEGATIONS There were no presentations/delegations. 5. REGIONAL SOURCE CONTROL PROGRAM 2015 ANNUAL REPORT H. Gibson introduced the report. T. Smyth continued by noting that on October 12, 2016, the Core Area Liquid Waste Management Committee received the staff report Core Area Liquid Waste Management Plan - 2015 Annual Programs Report, which included the RSCP 2015 Annual Report. The Annual Programs Report was approved by the Capital Regional District (CRD) Board on the same day. The RSCP 2015 Annual Report will now be forwarded to the Ministry of Environment and posted on the CRD website. MOVED by Commissioner Windsor and SECONDED by Commissioner Lougher- Goodey, that the Saanich Peninsula Wastewater Commission request that an initial report with costing and opportunities to access the regional funds be explored by staff. CARRIED IWSS-928280410-4998
3 3 Saanich Peninsula Wastewater Commission Minutes November 17, 2016 2 MOVED by Commissioner Stock and SECONDED by Commissioner Barnhart, That the Saanich Peninsula Wastewater Commission receive the staff report for information. CARRIED 6. SEA LEVEL RISE REPORT M. McCrank spoke to the report, noting that this report was forwarded to the Saanich Peninsula Wastewater Commission from the Environmental Services Committee. Staff last updated the Environmental Services Committee on the sea level rise planning projects at the March 25, 2015 meeting. The Climate Action Program led the development of two sea level rise planning background reports. Results indicate that: (i) the region is susceptive to sea level rise inundation; (ii) a coordinated approach to sea level rise planning is ideal; and (iii) future study and consultation activities will be required. Furthermore, the Province will likely release final amendments to the Flood Hazard Area Land Use Management Guidelines, which describes a local government regulatory approach to coastal flood hazard planning, which has implications for sea level rise planning. The Climate Action Program will continue to work with CRD, municipal and electoral area staff and elected officials to support sea level rise analysis, planning and programming. MOVED by Commissioner Stock and SECONDED by Commissioner Windsor, That the Saanich Peninsula Wastewater Commission receive the staff report for information. CARRIED 7. BCWWA ISSUE ANALYSIS PAPER AND POSITION STATEMENT LAND APPLICATION OF BIOSOLIDS, OCTOBER 2016 MOVED by Commissioner Stock and SECONDED by Commissioner Windsor, That the Saanich Peninsula Wastewater Commission receive the report for information. CARRIED 8. ORGANIC MATTER RECYCLING REGULATION REVIEW SAANICH PENINSULA WASTEWATER COMMISSION RESPONSE TO BC MINISTRY OF ENVIRONMENT M. McCrank spoke to the report. He noted that the BC MOE is considering amendments to the OMRR and seeking review comments by December 2, 2016. If the CRD Board policy banning land application of biosolids was to be reconsidered by the Board, or if the Saanich Peninsula Wastewater Commission decides to pursue a sub-regional approach to the treatment and end-product uses of green wastes, the OMRR sets out the regulatory framework that would be followed. By resolution, the Commission passed specific feedback for MOE s consideration in preparing the proposed revisions to the regulation and is seeking the CRD Board s approval of the submission. MOVED by Commissioner Windsor and SECONDED by Commissioner Stock, That the Saanich Peninsula Wastewater Commission direct staff to send the letter to the Ministry of Environment OMRR Regulation Review from the Saanich Peninsula Wastewater Commission. CARRIED Commissioner Doehnel OPPOSED IWSS-928280410-4998
4 4 Saanich Peninsula Wastewater Commission Minutes November 17, 2016 3 9. INTEGRATED RESOURCE MANAGEMENT SELECT COMMITTEE REPORT - ADVANCED INTEGRATED RESOURCE MANAGEMENT PROJECT REQUEST FOR EXPRESSIONS OF INTEREST MOVED by Commissioner Windsor and SECONDED by Commissioner Graham, That the Saanich Peninsula Wastewater Commission recommends that the CRD Board direct staff to include in the IRM project RFEOI the following: 1. A statement outlining the Board s current policy on land application and the concerns which drove its establishment. 2. A request for proponents to outline technologies that will deal with the Board s concerns; how the technology will mitigate the Board s concerns; applicability to the Core Area, Peninsula and other community sludge/biosolids management problem as a central and/or sub-regional solution; costs, history and effectiveness. and that the Saanich Peninsula Wastewater Commission receive the staff report for information. CARRIED Commissioner Windsor left the meeting. 10. SAANICH PENINSULA STORMWATER PROGRAMS G. Harris spoke to the report. He noted that the Commission has endorsed enhancements to the Saanich Peninsula Stormwater Programs that result in the funding request totaling $45,000. To accommodate this increase, the Stormwater Programs service establishment bylaws require amendment to raise their respective maximum allowable requisition. The Commission recommends that the bylaw amendments proposed be submitted to the CRD Board at its December 14, 2016 meeting in order to accommodate the budget increases the Commission endorses for the 2017 Stormwater Programs requisitions. MOVED by Commissioner Lougher-Goodey and SECONDED by Commissioner Stock, That the Saanich Peninsula Wastewater Commission receives this report and recommends to the Capital Regional District Board: 1 (a) That Bylaw No. 4140, Saanich Peninsula Stormwater Source Control Service Establishment Bylaw No. 1, 2013, Amendment Bylaw No. 1, 2016 be introduced and read a first and second time, and read a third time; and (b) That Bylaw No. 4141, Saanich Peninsula Stormwater Quality Service Establishment Bylaw No. 1, 2009, Amendment Bylaw No. 1, 2016 be introduced and read a first and second time, and read a third time. CARRIED 11. NEW BUSINESS Potential Biosolids Survey- M. Doehnel proposed that a survey be conducted of farmers on the Peninsula to see if they would apply biosolids to their properties. MOVED by Commissioner Graham and SECONDED by Commissioner Barnhart, That the Saanich Peninsula Wastewater Commission direct staff to investigate options for conducting a survey of potential biosolids recipients and report back to the Commission. CARRIED IWSS-928280410-4998
5 5 Saanich Peninsula Wastewater Commission Minutes November 17, 2016 4 MOVED by Commissioner Graham and SECONDED by Commissioner Doehnel, That the Saanich Peninsula Wastewater Commission direct staff to notify the Peninsula Agricultural Commission that biosolids land application is a topic that the Saanich Peninsula Wastewater Commission has been considering, and that an information package be sent to them from the Commission. CARRIED 12. ADJOURNMENT MOVED by Commissioner Graham, SECONDED by Commissioner Barnhart, That the Saanich Peninsula Wastewater Commission meeting be adjourned at 9:45 am. CARRIED CHAIR IWSS-928280410-4998
6 6 Agenda Item #6 REPORT #SPWWC 2017-01 REPORT TO SAANICH PENINSULA WASTEWATER COMMISSION MEETING OF THURSDAY, JANUARY 19, 2017 SUBJECT EXECUTION OF WASTEWATER SERVICE AGREEMENT WITH VICTORIA AIRPORT AUTHORITY ISSUE To renew a service agreement for receiving and treating wastewater from the Victoria Airport Authority (VAA). BACKGROUND The CRD has had an agreement with the VAA to receive and treat wastewater since 2000. The agreement expired January 31, 2015 and had provisions for renewal for two consecutive five year extensions. At the June 12, 2015 Saanich Peninsula Wastewater Commission meeting, the commission passed a motion to revise the renewal term to 10 years and approved the execution of the agreement. Since that time, upon further consultation with VAA and other CRD departments, some minor adjustments have been made to the agreement as follows: Reference to the CRD s Sewer Use Bylaw were added to ensure compliance with source control and other conditions in the bylaw; Clauses were added to clarify VAA s obligations under their lease agreement with the Government of Canada. The adjustments to the agreement have been accepted by VAA and they have executed it (see Attachment 1). Therefore, the Saanich Peninsula Wastewater Commission is being requested to approve the execution of the agreement. ALTERNATIVES Alternative 1 That the Saanich Peninsula Wastewater Commission approve the execution of the Victoria Airport Authority wastewater service agreement. Alternative 2 That the Saanich Peninsula Wastewater Commission not proceed with the execution of the agreement and direct staff to re-negotiate the agreement. IWSS-928280410-5018
7 7 Saanich Peninsula Wastewater Commission January 19, 2017 Execution of Wastewater Service Agreement with VAA 2 IMPLICATIONS Alternative 1 As a participant in the service, the VAA has contributed their financial share towards the Saanich Peninsula Wastewater system including the initial capital costs and the ongoing operation and maintenance costs. Wastewater service for the VAA was included in the design of the sewer system and they still remain within their allocated capacity of 682 cubic meters per day. Alternative 2 Staff can prepare changes to the agreement as requested by the Saanich Peninsula Wastewater Commission and present the proposed changes to the VAA for their consideration. CONCLUSION The CRD has had a successful wastewater service agreement with the Victoria Airport Authority without issue since the construction of the Saanich Peninsula Wastewater System in 2000. There remains a good working relationship with the VAA, with no negative impacts resulting from their wastewater flows into the Saanich Peninsula system. RECOMMENDATION(S) That the Saanich Peninsula Wastewater Commission approve the execution of the Victoria Airport Authority wastewater service agreement. Submitted by: Concurrence: Concurrence: Malcolm Cowley, P.Eng., Manager, Wastewater Engineering and Planning Ian Jesney, P.Eng., Senior Manager, Infrastructure Engineering Ted Robbins, B.Sc., C.Tech., General Manager, Integrated Water Services DP:so Attachment: Saanich Peninsula Wastewater System Airport Agreement Amendment No. 2 IWSS-928280410-5018
8 8 Attachment 1
9 9
10 10
11 11
12 12
13 13
14 14
15 15
16 16
17 17
18 18
19 19 Agenda Item #7 REPORT #SPWWC 2017-02 REPORT TO THE SAANICH PENINSULA WASTEWATER COMMISSION MEETING OF THURSDAY, JANUARY 19, 2017 SUBJECT WASTEWATER CONNECTION AGREEMENT WITH TOWN OF SIDNEY ISSUE An agreement is required between the Town of Sidney (Sidney) and the Capital Regional District (CRD) to define a new connection to the Saanich Peninsula trunk sewer system. BACKGROUND The Saanich Peninsula Wastewater System conveys wastewater from the Town of Sidney to the CRD Saanich Peninsula Wastewater treatment plant at Mainwaring Road for treatment and disposal. Sidney is proposing to upgrade its sewer collection system on Ocean Avenue to accommodate sewer servicing for a residential subdivision of one lot into two smaller lots. Therefore, Sidney has requested to disconnect two existing house connections that currently connect directly to the CRD trunk sewer and replace them with one new CRD manhole which will have a Sidney sewer collection system connection (see Schedule B in Attachment 1). The reconfigured collection system provides a better connection to the CRD sewer complete with manhole access. The new wastewater connection will service parcels that are currently within the service area and well within Sidney s flow allocation to the CRD collection system under CRD Bylaw #2388 and the Saanich Peninsula Liquid Waste Management Plan. Sidney is responsible for design and construction of the work under the inspection and approval by CRD staff. A draft agreement (Attachment 1) has been developed to define the new connection point and demarcation of asset ownership. The agreement has been submitted to Sidney for their review and, based upon previous similar agreements, no material changes are expected. ALTERNATIVES Alternative 1 That the Saanich Peninsula Wastewater Commission direct staff to finalize the Connection Agreement with Sidney and authorize execution of the Agreement by the Commission Chair after it has been signed by the Town of Sidney. Alternative 2 That the Saanich Peninsula Wastewater Commission receive this report for information and requests additional information from staff. IMPLICATIONS Alternative 1 - The cost of the new connection will be borne by the developer including the inspection costs for the CRD. The parcels to be serviced by the new connection are already in the Service Area and the flow volume to be discharged into the system within Sidney s allocation. The Connection Agreement, once finalized and signed by Sidney, can then be executed by the Saanich Peninsula Wastewater Commission chair and the General Manager of Integrated Water Services. IWSS-928280410-5025
20 20 Saanich Peninsula Wastewater Commission January 19, 2017 Wastewater Connection Agreement with Town of Sidney 2 Alternative 2 The agreement will not be executed and staff will direct Sidney to postpone the connection until further information is provided to the Saanich Peninsula Wastewater Commission and they approve the revised agreement. CONCLUSION The Town of Sidney is upgrading its collection system as a result of subdividing one lot into two small lots on Ocean Avenue. A new connection to the CRD trunk sewer system is required to replace two existing connections that will accommodate Sidney s wastewater system upgrades. An agreement defining the new connection and ownership transfer point will provide clarity on the responsibilities of the parties with respect to asset ownership. RECOMMENDATION(S) That the Saanich Peninsula Wastewater Commission direct staff to finalize the Connection Agreement with Sidney and authorize execution of the Agreement by the Saanich Peninsula Wastewater Commission Chair after it has been signed by the Town of Sidney. Submitted by: Concurrence: Concurrence: Malcolm Cowley, P.Eng., Manager, Wastewater Engineering and Planning Ian Jesney, P.Eng., Senior Manager, Infrastructure Engineering Ted Robbins, B.Sc., C.Tech., General Manager, Integrated Water Services DP: so Attachments (1)
21 21 AGREEMENT CRD AND TOWN OF SIDNEY THIS AGREEMENT dated for reference the day of January, 2017. BETWEEN: AND: CAPITAL REGIONAL DISTRICT 625 Fisgard Street Victoria, British Columbia V8W 1R7 (the CRD ) Attachment 1 TOWN OF SIDNEY 2440 Sidney Avenue Sidney, British Columbia V8L 1Y7 ( Sidney ) WHEREAS: A. By Supplementary Letters Patent, Division VII dated December 28, 1967, as amended by further Supplementary Letters Patent, the CRD was granted the function of the acquisition, design, construction, operation, maintenance, renewal and administration of trunk sewers and sewage disposal facilities for the area comprised of the lands within the boundaries of The Corporation of the District of Central Saanich, the District of North Saanich and the Town of Sidney. B. The CRD constructed trunk sewer main within the Town of Sidney as shown on CRD Drawing Number 2-S119-3. C. The Town of Sidney agrees to construct at its sole cost one new manhole as shown on drawing 301901 attached to this Agreement as Schedule A (the Works ) within the Right of Way and the CRD agrees to permit the Town of Sidney to construct the Works on the terms and conditions set out herein. NOW THEREFORE in consideration of the premises, the mutual covenants herein set forth and the replacement of the Works, the CRD and Sidney covenant and agree, each with the other, as follows: 1.0 DEFINITIONS For the purposes of this Agreement: 1.1 CRD Facilities means the wastewater facilities existing within the Town of Sidney dedicated road allowance lying east and south of the Right of Way up to and including the CRD wastewater sewer main and proposed CRD manhole as more particularly shown on the sketch plan attached to this Agreement as Schedule B (the Plan ) which facilities will remain the property of the CRD. 1.2 Sidney Facilities means the wastewater facilities commencing immediately north of the proposed CRD manhole and extending from said manhole. 1.3 Transfer Point means the point at which sole ownership and operational responsibility for the wastewater system transfers from the CRD to the Town of Sidney and which, for the purposes of this Agreement, is the point immediately north of the CRD manhole as shown on the Plan.
22 22 2 2.0 TRANSFER 2.1 Sidney s Covenants In consideration of the payment of $1.00 from Sidney to the CRD, Sidney agrees to design, construct, install and commission, at Sidney s sole cost and to the satisfaction of the CRD, the Works being 1,500 mm diameter manhole on existing wastewater sewer main with a C-18 cast iron frame and cover within the Road Right of Way as shown on drawing 301901, a copy of which is attached hereto as Schedule A (the Works ). 2.2 CRD s Covenants In consideration of the payment of $1.00 from the CRD to Sidney, CRD: (a) (b) (c) consents to Sidney acting as its agent and invitee for all purposes associated with accessing and using the Right of Way to construct, install and commission the Works; agrees to take possession and ownership of the Works upon completion of construction, installation and commissioning of the Works by Sidney, with exception of asphalt and future asphalt restoration; and, acknowledges the Transfer Point between the CRD Facilities and the Sidney Facilities as defined herein. 3.0 NO REPRESENTATIONS AND WARRANTIES REGARDING CONDITION 3.1 The CRD makes no warranty or representation whatsoever regarding the condition of the Sidney Facilities except as expressly set out in this Agreement. 3.2 Sidney makes no warranty or representation whatsoever regarding the condition of the CRD Facilities except as expressly set out in this Agreement 4.0 REPRESENTATIONS AND WARRANTIES 4.1 CRD s Representations and Warranties The CRD represents and warrants to Sidney that: (a) (b) (c) (d) the CRD has the authority to enter into this Agreement under the Local Government Act; the CRD has taken all steps necessary to authorize this Agreement and this Agreement is binding on the CRD; except as expressly disclosed in writing by the CRD to Sidney, there is no litigation or administrative or governmental proceeding or inquiry pending, or to the knowledge of the CRD threatened against or relating to the CRD in relation to either the CRD Facilities or the Sidney Facilities; to the best of the CRD s knowledge and belief, any use, operation or maintenance of the CRD Facilities are in compliance with all applicable environmental laws.
23 23 3 4.2 Sidney s Representations and Warranties Sidney represents and warrants to the CRD that: (a) (b) (c) (d) Sidney has the authority to enter into this Agreement under the Community Charter; Sidney has taken all steps necessary to authorize this Agreement and this Agreement is binding upon Sidney; except as expressly disclosed in writing by the Sidney to CRD, there is no litigation or administrative or governmental proceeding or inquiry pending, or to the knowledge of Sidney threatened against or relating to Sidney in relation the Sidney Facilities; to the best of Sidney s knowledge and belief, any use, operation or maintenance of the Sidney Facilities are in compliance with all applicable environmental laws. 5.0 INDEMNITY 5.1 Sidney will indemnify and save harmless the CRD from any liability or claim whatsoever arising out of design, construction, installation and commissioning of the Works, howsoever caused providing however that such indemnification will cease upon acceptance in writing of the commissioned Works by CRD. 5.2 The CRD will indemnify and save harmless Sidney from any liability or claim whatsoever arising out of design, construction, installation, commissioning, use and operation of the Works, howsoever caused following acceptance in writing of the commissioned Works by the CRD. 6.0 GENERAL PROVISIONS 6.1 Assignment Neither the CRD nor Sidney may assign this Agreement without the consent of the other first had in writing. 6.2 Further Assurances 6.3 Notice The parties hereto shall execute such further and other documents and do such further and other things as may be necessary to carry out and give effect to the intent of this Agreement. All notices required or permitted to be given hereunder shall be in writing and shall be personally delivered to the attention of: a) In the case of the CRD, the General Manager, Integrated Water Services; b) In the case of Sidney, the Municipal Engineer. 6.4 Entire Agreement This Agreement constitutes the entire Agreement between the parties hereto and there are no representations or warranties, express or implied, statutory or otherwise, and no agreement collateral hereto other than as expressly set forth or referred to herein.
24 24 4 6.5 Waiver Any waiver, express or implied, of any provisions of this Agreement except for an express written waiver or any failure to enforce any provision of this Agreement shall not prevent the party not in default from enforcing such provision thereafter. 6.6 Enurement This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 6.7 Captions The captions or headings appearing in this Agreement are inserted for the convenience of reference only and shall not affect the interpretation of this Agreement. 6.8 Law Applicable This Agreement is to be construed in accordance with and governed by the laws applicable in the Province of British Columbia. IN WITNESS WHEREOF the parties hereto have executed this Agreement. CAPITAL REGIONAL DISTRICT by its authorized signatory this day of, 2017: THE TOWN OF SIDNEY by its authorized signatories this day of, 2017:
25 25 5 Schedule A The Works CRD TOWN OF SIDNEY
26 26 6 SCHEDULE B The Plan