Pottersburg PCB Storage Site Decommissioning

Pottersburg PCB Storage Site Decommissioning Community Liaison Group

Terms of Reference

1. BACKGROUND

The Ministry of the Environment (MOE) owns the Pottersburg PCB Storage Site (the Site) on Clarke Road in the City of London.  The Site was initially created in 1984 on private property by order of the MOE to contain PCB contaminated material cleaned up from an industrial property. The Site was later purchased by the MOE in 1985 to store PCB contaminated soil originating from other industrial properties, as well as sediments cleaned up from Pottersburg Creek and Walker Drain from 1985 to 1987.

During the initial cleanup of the material in the 1980s, no technology or approved sites existed for the safe destruction of PCB contaminated soils. Secure storage was the only option available. Now that there are safe and effective methods for permanently destroying PCBs, the MOE will proceed with the removal and destruction of PCB wastes from the Site. The Site will ultimately be returned to conditions suitable for industrial use.

The MOE is committed to ensuring that the Site is decommissioned in a manner that is protective of human health and the environment.   

Further to its commitment to public consultation and transparency, the MOE established a Community Liaison Group (CLG) to solicit public input from the members on the draft Request for Proposals (RFP) as it relates to the planned decommissioning of the Site, to inform the public, and to provide input with respect to the ongoing work at the Site.

The “Project” is defined for the purposes of this Terms of Reference as the planned decommissioning of the Site, including the excavation and removal of PCB contaminated soils, sediments, and debris from the Site, and the return of the Site to a state suitable for industrial use.

2. MANDATE

 The CLG will:

1. Advise the MOE on the adequacy of the Terms of Reference for the group, and to make recommendations for changing the "terms" if necessary;
2. Receive and review information respecting the proposed measures for ensuring community safety and public engagement during the planning and implementation of the Project; 
3. Provide input to the MOE respecting the proposed measures for ensuring community safety and public engagement during the Project;
4. Provide input to the MOE respecting the selection of new members;
5. Review public input into the draft RFP, and discuss the input with MOE staff.
6. Monitor the progress of the Project and provide input on the decommissioning of the Site, as may be appropriate.

The CLG will provide input to the MOE with respect to the Project as set out above, however, the MOE retains the authority to make decisions with respect to the Project.

The CLG will be maintained for the duration of the Project.

The Chair will serve as the spokesperson for the CLG when dealing with the public and the media.

3. COMPOSITION

The CLG includes representation from the following groups:

• The Site’s neighbouring residential community, workplaces and Faith Daycare.
• London’s residential and working community
• Middlesex-London Health Unit
• City of London Staff
• London City Council
• Labour Liaison
• Scientific Community (University of Western Ontario)
• MOE
• Project Contractor

Any member who misses three consecutive meetings of the CLG without due cause may be contacted by the MOE to discuss future membership on the Group.  Based on communications with the absentee member, the MOE may choose to call a meeting of the CLG to review the circumstances of the absentee member. 

Resignations are to be provided to the MOE in writing. 

Delegates or alternates for members on the CLG may be permitted with prior discussion with the Chair.

4. CODE OF CONDUCT

Members shall demonstrate respect, courtesy, and professionalism when participating on the CLG.

Members of the CLG shall disclose to the MOE without delay any actual or potential Conflict of Interest that arises during his/her term on the CLG.  At the discretion of the MOE, members with a Conflict of Interest may be excused from the CLG.

A “Conflict of Interest” includes, but is not limited to, any situation or circumstance where, in relation to the Ministry’s Request For Proposals (RFP) process, the member engages in conduct that, directly or indirectly, may compromise or could be seen to compromise the integrity of the open and competitive RFP process and render that process non-competitive and unfair. 

5. MEETINGS

1. Appendix A is an anticipated schedule for meetings of the CLG.  Generally, meetings will be scheduled by the Chair.
2. Six months after the inaugural meeting, Appendix A will be reviewed by the CLG.
3. The MOE, City of London, and Middlesex-London Health Unit may have additional representatives attend meetings of the CLG, for the purpose of informing the CLG on various technical issues. 
4. The MOE, London City Staff, and Health Unit will provide information to, and obtain input from, the CLG as required.

6. AGENDA, CHAIR, MINUTES

1. The Chair will be appointed by the MOE.
2. Agendas for meetings will be set by the Chair, in consultation with the CLG, and will be distributed one week in advance of each meeting.
3. The CLG will strive for consensus when providing input into the Project.  If consensus cannot be reached, the meeting summary shall reflect the alternate views discussed.
4. The MOE will record the summary of discussions at each meeting, a draft of which will be circulated with the agenda for the following meeting for comment by the CLG.  A summary of the meeting outcomes will be released to the public after distribution to the CLG members for comment. 

7. PUBLIC PARTICIPATION

1. The CLG will represent the public interest when developing input on the Project.
2. CLG meetings will be open to the public.
3. Public delegations to regular meetings of the CLG are permitted.  A public delegate must register in advance with the Chair and the delegate will be limited to speak to the subject(s) of the agenda for that CLG meeting.  The CLG may restrict the number of delegates and the time permitted each delegate to speak.

APPENDIX A

Anticipated Meeting Schedule (PROPOSED)

The meeting dates will be determined closer to the start of the decommissioning process.  Details to follow.