Dart Realty (Cayman) Ltd (“DRCL”) (the “Proponent”) proposes to undertake an Environmental Impact Assessment (“EIA”) for the proposed Grand Cayman Waste Management Facility  (“WMF”) to manage municipal solid waste generated on Grand Cayman.  DRCL is funding the conceptual design of the WMF master plan and EIA for the project as part of its offer to Cayman Islands Government  (“CIG”) to support the establishment of the initial phase of the facility.  The Environmental Advisory Board (“EAB”) has been formed from within government and statutory authorities to assist CIG to evaluate the environmental implications of the WMF proposal.

This is contained in an EAB approved Draft on the proposed WWF EIA Draft Terms of Reference (ToR) dated 25^th October 2012.

The ToR will NOT include alternative sites but will look at the alternative of leaving things as they are and maintaining the existing landfill (‘Mount Trashmore’) in George Town. It also notes that Dart will be responsible for the first phase only of the site as outlined in the ToR.

The project is designed to provide a comprehensive waste management facility to accommodate waste treatment and disposal to address Grand Cayman’s current and future needs.

The purpose of this Terms of Reference (“ToR”) document is to generally outline the scope of the EIA and to provide a general description of the information that will be considered in the Environmental Statement (“ES”). The ES will objectively present potential environmental impacts and options for the proposed WMF to assist decision-makers in their consideration of the project.  The EIA also provides for public review and comment into this process, so that these comments may be addressed through the ES.

A Business Case for the development of the WMF and assessment of the Value for Money of the development will be undertaken as part of a separate assessment.

A full assessment of institutional capacity/needs will be carried out as a separate exercise by government as part of the project development process. Recommendations may extend to new laws and regulations, intersectoral arrangement, management procedures and training, staffing, operation and maintenance training, budgeting and financial support.

The need for the project will be assessed in the EIA; this will be described in the ES. At a minimum, this will involve analysis of the “No Action” alternative, which would include continuation of operations at the current facility in George Town.

The ES will identify the environmental and other specific regulatory approvals and legislation that are applicable to the development of the WMF.

Planning permission will be required for the waste management facility pursuant to regulation 13(1) of the Development and Planning Law (2011 Revision).

In terms of international treaties, the Cayman Islands are a Party to two Conventions that will be taken into consideration as part of the EIA: specifically, the Convention on Wetlands of International Importance (“RAMSAR convention”) and the Convention on Biological Diversity

Ramsar is an intergovernmental treaty, which embodies the commitments of its member countries to maintain the ecological character of their Wetlands of International Importance and to plan for the “wise use”, or sustainable use, of all of the wetlands in their territories. The site of the proposed WMF is not a formally designated Ramsar site, however, the objective of “working towards the wise use of wetlands” and “sustainable use” will be considered as part of the EIA. While there is currently no local legislation that gives effect to the provisions of either Convention, the Convention states that members should attempt to comply with the aims and objectives of the treaties to the greatest extent feasible.

The EIA will take into consideration the Draft Cayman Islands National Climate Change Policy  (2011), which calls for adaptation, and mitigation measures to address potential impacts of climate change.

There is no comprehensive legislated framework for the EIA process in the Cayman Islands. These ToR will guide the EIA process and are broadly based upon internationally recognised methodologies for conducting an EIA.  The potential environmental effects (see Section 5 of the ToR) will be assessed, as outlined in the ToR.  Any non-Cayman legislation and/or guidance referred to in these ToR will be applied only where applicable and relevant to the Cayman Islands; equivalent internationally recognised legislation and guidance may be used as an alternative, provided this is agreed by the EAB.

The site for the proposed WMF is located on Block 51A Parcel 23.

The ES will fully address all lands likely to be affected by the WMF and associated infrastructure, including access and facilities, and locate the study area graphically.   The study area is defined as the land within 3000 feet (“ft”) of the 110-acre site (51A23) boundary and areas beyond the 3,000 ft boundary for visual amenity, traffic and ecology reviews.

The sizing and design of the facility is based on the DEH 2011-2012 waste stream data.  The DEH currently recycles approximately 20% of the waste at the GTLF.  Existing recycling typically involves sorting of waste and storage until such a time when it is commercially favourable to commence shipment.  Future increases in recycling are proposed to include yard waste and construction and demolition waste.

The planned life span of the facility is at least 20 years.  The life span is calculated from the waste predictions and the available landfill airspace.

The 20-year life span is based on the WMF development sequence summarised as follows:

Years 1-2

•          Key site infrastructure and operational areas complete

•          Civic recycling drop off areas open

•          Initial phase of leachate treatment plant complete

•          First lined landfill cell complete, filling of cell commences

•          Recycling facilities in place

•          Second landfill cell construction commences

Years 3-5

•          Capping the first cell, construction of third and fourth cells

•          Gas monitoring of first cell to evaluate gas dispersion/flaring use

•          Yard waste composting introduced

Years 5-10

•          Construction and demolition waste recycling introduced

•          Complete landfill cells capped, additional cells constructed

Years 10-20

•          Landfilling continues with new cells constructed and completed cells capped

•          Leachate treatment plant expansion (if required)

A summary of the components proposed for the project based on the WMF conceptual masterplan is provided below. Detailed descriptions of the facility components will be provided in the ES.

1.  Facility Administration Building:  The administration building will house administration functions and a small on-site laboratory required for basic field monitoring.  Adequate car parking is assigned for staff and visitors to the site.

2.   Proposed Facility Entrance with Gate:  The facility entrance and gate will be installed to ensure authorized access to the facility only.  Perimeter fencing will be kept to a minimum, as needs dictate to provide sufficient security for the facility.

3.  Collections Fleet Parking, Truck Wash Building, Fuel Station and Truck Maintenance Building:  Truck parking is included in the masterplan for the DEH collection fleet.   A vehicle wash area and maintenance building will be provided at the site to provide regular maintenance.

4.   Leachate Treatment Works   and Collection System: Leachate generated within the landfill is mainly due to rain infiltration during a storm event on an opened landfill cell. Leachate storage and treatment has been designed to cater for the rain intensity criteria specified within the USA code of federal regulations (“CFR”) 40 CFR Part 258- Criteria for Municipal Solid Waste Landfills (Clause 258.26).

5.   Truck Wheel Wash: The truck wheel wash is positioned to prevent migration of dust onto the road network outside the site.  All collection vehicles will use the wheel wash prior to exiting the site as set out in the Operation Plan.

6.   Landfill Gas System:  The gas collection system and monitoring criteria will be selected according to the guidelines listed in the regulation 40 CFR, 60.752, and other related sections.

7.   Weigh Scale Bridge:  All trucks entering and exiting the facility will be required to use the weighbridge.    The scale master will be responsible for monitoring traffic using the northern entrance.  There will be provision for vehicles to bypass the weighbridges but this will be closely monitored by the DEH.

8.   Vegetated Perimeter Zone: As part of the design processes a perimeter zone is incorporated around the landfill footprint.   Buffers are intended to provide space or distance between an activity and a sensitive receptor for the purpose of mitigating an actual or potential environmental risk.  The zone incorporates retention ponds for storage of stormwater runoff during heavy rainfall.

9.   Yard Waste Composting Area:  An area to accommodate future composting has been designated in the facility plan.  A high percentage of waste can be diverted from disposal through composting of yard waste, as it currently comprises 14% of the waste stream at the GTLF.

10. New road from Bodden Town Road:  The road from Bodden Town Road will run north to the WMF site and provide access to adjacent sites as well as the WMF.  The road will be designed to the National Roads Authority (NRA) requirements for Subdivision collector roads.

11. Construction Waste Separation Area   Baling and Transfer Station   and Recyclables Storage Area:  The construction and demolition (C&D) facility will accept wastes from building construction activities.   The materials will be sorted and segregated.   The materials collected from both the Civic Amenity Area and the C&D processing area will be either further processed on-site or transferred to the baling station for baling and wrapping, as necessary.

12. Derelict Autos Area: The derelict autos area will accommodate the processing and storage of end of life vehicles (“ELV”).  Vehicles will have hazardous items removed prior to crushing and storage until such a time that it is commercially favourable to ship them. The staging area will include a containment basin for the collection of waste oils if spilled.

13. Tyre Storage and Processing Area:  Tyres will be shredded using a single pass tire shredder.  Sufficient storage will be available to provide the operator with the option of shipment off island or reuse on Grand Cayman.

14. Civic Amenity Recycling Drop-Off Area:  The Civic Amenity Area will house bins for the collection of glass, plastics, textiles, paper, household hazardous waste, etc.

15. Waste Oil Management Area:  A storage area will be provided in accordance with current DEH practises.   Waste oils will be stored in secure containers on a secondary containment pad.   The DEH will arrange for regular shipments of the waste oil to then USA for processing.

16. Waste to Energy Facility: The details for the potential WTE facility have not been confirmed; the EIA will include a high level, qualitative assessment of potential environmental impacts based on design criteria to be provided to the EIA Consultant by the DRCL team in collaboration with DEH.

17. Medical Waste Incinerator, Air Curtain Burner and Hazardous Liquids Storage: The medical and infectious waste incinerator, air curtain burner and liquids storage areas will all be based on existing operational methods and data from the GTLF.

18. Engineered lined / capped landfill with berm:  It is proposed that as the WMF landfill will be constructed in phases and over a period of 20 years.  Land clearing will be carried out on an as-required basis.  After deposition of residual waste, each phase will be temporarily capped.  Allowing for settlement, the final capping will be installed and full restoration will take place.

19. Equipment maintenance, storage and welding shop, skip and equipment storage, paint booth: Equipment maintenance and welding shop buildings will be constructed to service the WMF. Additionally, the site will include a personnel building and staff parking.

20. Sediment Forebays, Retention Ponds and Stormwater Conveyance Including Internal Swales: The proposed structures for controlling, collecting and disposing of clean stormwater runoff will be sized in line with Florida Administrative Code 62-701, 40 CFR Part 258 and Grand Cayman (NRA design storm) best practice and guidance.

21. Internal Access Roads: Internal access roads are provided between the WMF components.  The roads will be formed of compacted rock; the access road travel lanes will be surfaced.

22. Facility lighting: Lighting will be provided for security purposes and to allow access to the civic amenity area in the evenings.  Lighting levels will be kept to a minimum as far as possible, whilst ensuring the safety of the public and site staff.

The environmental controls proposed for the WMF include the control of dust, noise and windblown litter, as well as measures to manage stormwater, leachate and landfill gas. Several best management practices  (BMPs) will be evaluated and mitigation may be proposed through the facility design within the ES.  The ES will include detailed descriptions of BMP’s, as well as construction phase measures, including information for the Operation Plan for the site.  Environmental monitoring specifics will be evaluated as part of the EIA and presented in the ES.

Other potential nuisance issues, such as potential for fires, control of vermin, and control of odor, dust, and noise will be assessed in the EIA, and the ES document will include a summary of BMP’s and other measures that may be implemented to mitigate factors, as required.

The ES will provide a detailed project description that includes the topics referenced above, as well as details and data outlined in the site engineering design plans, site facility operational plans, construction and on-going monitoring required, and record keeping requirements.

The vulnerability of the project to natural hazards and potential climate change impacts including the frequency, magnitude and distribution of any natural hazard or possible climate change elements affecting the spatial or temporal boundaries of the proposed project will be evaluated as part of the EIA, and presented in the ES.  The EIA will assemble, evaluate and present baseline data on the relevant natural hazard/climate change characteristics of the study area that are relevant to project design, or to the formulation of mitigation measures.

The consultation process is intended to provide the Cayman government agencies, the public and stakeholders an opportunity to engage in the ToR and EIA process. This section provides a structure and chronology of events that will occur in relation to public review and comment of the ToR, the EIA process and the development of the ES. The EAB and CIG will make formal comments within the ToR and Draft ES commenting periods in order to maintain a streamlined and concurrent EIA process and schedule.

Public consultation on the ToR will be as follows:

1.  Upon EAB’s approval of the Draft ToR a Notice of Intent (NOI) will be advertised to the public informing them that a new waste management facility is being proposed. The NOI will be formally advertised and will state the availability of the Draft ToR and an opportunity for public review and comment. The NOI will be advertised in appropriate media outlets based on local knowledge of highest impact probability. A weblink for accessing the full version of the Draft ToR will be provided to the public and printed hard copies will be available at specific locations including Cayman Government Administration Buildings.

a.  The NOI will identify the following:

i.  EAB

ii.  Proponent

iii.   Scope of general project description iv.   Duration of public comment period

v.  Date of ToR Open House sessions in Bodden Town and George Town

vi.   Time, Location and address of Open House sessions

vii.  Weblink for accessing full ToR and location of hard copies

viii.  Brief description of comment submittal and response procedures

2. NOI public comment period will be open for 21 days (including weekends), beginning on the date of filing and ending at close of business on day 21.

a. Two ToR Open House sessions (Bodden Town and George Town, locations) will occur on two different days during the working week.   The focus of the ToR Open House sessions will be to gather public comments on the ToR and to introduce the EIA process.

3.  Addressing Public Comments

a.  The EAB will receive all comments. The EIA Consultant (with input from the Proponent and EAB) will coordinate the response to public comments. The ToR may be revised based upon the nature of the public comments. A summary and response to all ToR comments received will be provided as an appendix to the Final ToR.

b.  The EAB will approve the Final ToR.

Public consultation on the ES will be as follows:

a.  A public notice will formally advertise the availability of the Draft ES for public review and comment and advertisement of public comment meetings. The public notice will identify similar information as outlined above for the NOI.

i.  A weblink for accessing the full version of the Draft ES will be provided to the public and printed hard copies will be available at specific locations including Cayman Government Administration Buildings.

b.  The Draft ES public comment period will be open for 21 days (including weekends)

i.  Public Meeting(s) for the Draft ES

1.  The format of the public meetings associated with the Draft ES will follow t         he same format and responsibilities as outlined for the ToR Open House sessions.

c.   The EAB will receive all comments. The EIA Consultant (with input from the Proponent and EAB) will coordinate the response to public comments. The Draft ES may be revised based upon the nature of the public comments.   A summary and response to all comments received on the Draft ES will be provided as an appendix to the Final ES.

d.  The EIA Consultant will revise the Draft ES and it will then be deemed the

Final ES

Final ES

a.  The EIA Consultant will provide the final ES to the Proponent and the EAB. The EAB will conduct a review of the ES and provide a written statement to CIG and the Proponent.

b.  The Proponent will submit the Final ES in conjunction with the EAB’s written statement to the Planning Department   as part of the process for applying for planning permission.

The EIA will assess the potential significant impacts associated with all phases of the proposal.  As mentioned previously, the assessment for the WTE facility will be at a high level and qualitative.  On procurement of the WTE when facility design is being undertaken, a more detailed environmental assessment will be required as part of a separate regulatory approval process.

The EIA will assemble, evaluate and present baseline data for each of the potential effects identified below. The analysis will distinguish between significant, positive and negative impacts, direct and indirect impacts, cumulative impacts, and immediate and long-term impacts.  The EIA will discuss how and to what extent impacts can be avoided, reduced or mitigated. It will identify impacts, which are unavoidable or irreversible, and wherever possible quantify impacts. Climatic effects including climate change on the WMF will be addressed in the EIA. The analysis of potential impacts of the proposed project will include an assessment of potential exacerbations or reduction of natural hazard and climate change impacts, both on-and off-site, as well as an analysis of the potential impacts of climate change on the project.

The EIA will characterise the extent and quality of available data and the methods employed to carry out project specific studies to determine project specific data, explaining significant information deficiencies and any uncertainties associated with predictions of impact.

The EIA will address potential impacts (both direct and indirect) of the proposed project such as the impact on the local economy; it will assess potential impacts due to construction and operation of the WMF including adverse impacts and economic benefits, employment data for communities and tourism activities.   Based upon existing data, the EIA will evaluate factors such as, but not limited to, public services, tourism activities, schools, housing, and traffic patterns.

The ES will clearly identify the potential effects of the proposed project on the existing socio- economic conditions in terms of population dynamics, infrastructure, economic and business status, tourism and recreation.  The potential effects will be assessed based on their nature (beneficial/adverse), their temporal extent (short-term/long-term) and their spatial nature (local/national).

The proposed WMF has the potential to impact the quality of groundwater, surface water, sediments and the subsurface soils, both of the property on which the WMF will be located and the surrounding area. Specific measures such as the leachate collection and treatment system, lined waste cells, management of storm water, and operational practices will be implemented to mitigate these effects.   Specific monitoring of impacts on groundwater, surface water and the subsurface will be carried out to ensure that the WMF is guided primarily by Florida based practice and standards (where applicable and practicable) to mitigate potential negative impacts.  A review of geotechnical conditions is essential to determine adequate design parameters of the facility and to address site-specific ground conditions.  In order to provide the context to evaluate potential impacts and to establish adequate monitoring systems, a site-specific study of   the geology, hydrogeology, geotechnical information, hazard vulnerability and climate impacts will be carried out to determine the related impacts and mitigation from the WMF.

Some geotechnical information for the site has already been obtained through installation of a deep well and trial pits across the site.  This existing information will be supplemented by additional investigations, which will be included in the EIA.  Initial surface and ground water sampling has also been undertaken at the adjacent Tarpon Springs quarry and at a monitoring well installed at the WMF site.

The geology, hydrogeology, groundwater and surface water regimes of the project and surrounding area will be studied using published information and site specific investigations. Specific attention will be given to the presence of Karst features such as sinkholes, fractures and other subsurface conditions that facilitate rapid movement of potential contaminant releases. This assessment will determine sensitive receptors and their vulnerability to the facility’s potential for negative impacts on groundwater and surface water.  A review of regional tectonic setting and seismic information will be undertaken as part of the assessment of the facilities vulnerability to natural hazards (refer also to Section 3.4). The geotechnical investigation defines the engineering properties of the site that are necessary for the design, construction, and support of the landfill and auxiliary infrastructure of the WMF.  As the WMF is in a relatively low area, consideration will also be given to the effects of hurricanes and climate change.

The potential impacts of the proposed WMF on the site will be assessed using engineering and scientific judgment and experience.  This will include a qualitative review of the inclusion of a WTE facility at the site. The baseline information, assessment of the impact and any mitigation measures will be recorded within the ES.

A review of the related literature will be undertaken and a summary included in the ES.  The summary will include a review of the data collected from the existing 250ft deep well installed at the site and the trial pits undertaken to date.  Additional geotechnical investigations will be carried out to verify the subsoil conditions at the site as illustrated in Figure 8, in particular to confirm depth of peat and to determine the potential for subsurface zones vulnerable to the release of contaminants.  This information will feed into the calculation of the volumes of material to be removed and imported.

A review of the related literature will be undertaken and a summary included in the ES.  The summary will include a review of the data collected from the existing 250ft deep well installed at the site and the trial pits undertaken to date.  Additional geotechnical investigations will be carried out to verify the subsoil conditions at the site as illustrated in Figure 8, in particular to confirm depth of peat and to determine the potential for subsurface zones vulnerable to the release of contaminants.  This information will feed into the calculation of the volumes of material to be removed and imported.

The climate of Grand Cayman and the site will be outlined within the ES.  Information on wind (direction and speed), rainfall (daily volume and rainfall intensity), temperature (daily minimum, maximum and average), potential evapotranspiration and atmospheric humidity (daily) for the area will be requested from the National Weather Service for inclusion in a comprehensive review in the report.  A meteorological station will be placed at the site to collect the same site-specific climatic information and the data obtained from this station will be included and reviewed in the ES.

Reviews will be executed on Ground water Flows, Surface Water (within the site) and Stormwater Management and Stormwater Flooding.

Other areas include Ground and Surface water Quality, Biological & Sediment Sampling, Receptor Identification and the quality of the Surface and Ground Water

Will be monitored during operation. Traffic and Transportation will be monitored and assessed.

An assessment of the visual effects of the proposed WMF will be undertaken. The visual impact assessment will be based on ten viewpoints (refer to Figure 10).  The viewpoints for consideration have been selected to be representative views of the proposed facility and at receptor locations where a person might view the waste management facility and be potentially affected by the proposal.  Landforms will include all buildings and structures, as well as any buffers and berms that may be put into place to mitigate the visual effects of the landfill on receptors in the vicinity.  The study area will include the WMF site within the property boundaries as well as any public or private properties and roads in the site-vicinity that may contain visual receptors. This can also be described as the zone of visual influence or area within which the proposed development may have an effect on visual amenities. The assessment will result in the production of all eleven visual simulation figures or photomontages that illustrate how the proposed facility (including WTE) will appear from the viewpoints.

The likely impacts of the proposed WMF on the ecological environment of the site and its surroundings will be assessed.  Assessments relating to the terrestrial environment will be in accordance with the vegetation and wildlife (Section 12) portions of the Development of Regional Impact  (“DRI”) guidelines within Chapter 380, Florida Statutes and where applicable the “Guidelines for Ecological Impact Assessment in the United Kingdom” (version 7  – July 2006) produced by the Institute of Ecology and Environmental Management (“IEEM”) or an equivalent standard agreed with the EAB. This will include consideration of the potential impacts of including WTE at the site.

This section will evaluate the existing ecological conditions within the proposed study area (with the noted exceptions outside of the study area identified on Figure 4 and explained in paragraph 2.1.2).  This evaluation will include review and evaluation of existing data for the proposed WMF as provided by the DRCL and EAB.   Upon completion of this literature review, additional site-specific data will be collected.  This section of the ES document will include analyses of the potential impacts of the proposed WMF to ecological resources.

The EIA will include a qualitative assessment of how the different types of equipment and machinery that would be used on site for all operations could contribute to noise or vibration impacts on surrounding receptors.  The potential effect on receptors including, but not limited to, the facility employees and surrounding area occupants, will be evaluated and proposed mitigation measures should be clearly stated and referenced. This assessment will address both construction and the operational stages of the project.

The WMF will incorporate various operations that generate emissions of criteria pollutants, greenhouse gases, air toxics, fugitive dust, and odors that would have the potential to impact air quality at the facility site as well as the surrounding areas.   The master plan for the WMF contains a number of activities/facilities that have the potential to impact air quality, which include the following:

1.  Waste acceptance and sorting operations

2.  Hazardous (toxic) materials handling

3.  Composting / Mulching

4.  Landfilling

5.  Incineration of medical and pathogenic wastes

6.  Landfill gas collection and flaring operations

7.  Waste-to-energy operations

The potential for local air quality impacts (particularly odours and dust) resulting from the Waste Management Facility will be examined.  This information will be provided specifically for communities and sensitive receptors located close to the WMF.

If it is perceived that the quarry operations, or other adjacent activities, may contribute significant particulates to the surrounding areas, then a plan for baseline ambient fugitive dust sampling may be included.  This plan will include setting up a station representative of sensitive receptors with sampling equipment located at sufficient height to account for nearby vegetation. The particulate data collected is correlated with the volume of air sampled to generate baseline particulate loading data.    The post-construction monitoring can then provide an assessment of fugitive dust attributable to the WMF (although it should be noted that additional off-site construction and proposed projects may be a source of fugitive dust).

While the proposed WMF has the potential to impact archaeological resources, it is considered a low probability that archaeological resources will be identified on the primary WMF site, which is in a wetland.   Archaeological resources, however, are known to be present on parcels adjacent to the highway and the current entry road to the proposed WMF site.    These resources are considered likely to represent the remains of one or more historical homesteads dating from the early 19th Century, based on artifacts observed, and samples collected, by the National Museum in the late 1990s.  While the presence of such site(s) will not prevent development of the WMF, if sites are to be impacted, then some form of mitigation to record the sites, collect, catalog, conserve and curate the artifacts, as well as the preparation of a report, is recommended.

 

The EIA will assess the potential impacts and propose mitigation measures. In addition to air quality and noise, which will be addressed within other sections of the EIA, waste management facilities have the potential to cause environmental nuisance due to the generation of litter/wind-blown materials, or through the attraction of vermin and other pests to the site, as well as fires.  These will be addressed in other sections of the ES (Section 3) and will be described also in this section of the ES.

 

The general public has been given only three weeks to digest the 41-page document and submit their comments.

 

If Dart and government go ahead as partners (ForCayman Alliance) in the controversial deal that involves various other projects including land swapping and the relocation of the dump to Bodden Town, the first phase will be financed by Dart.

 

Because of the backing down by Cayman Islands premier, McKeeva Bush, on Monday (5) and finally embracing the fiscal agreement he signed with the UK’s Foreign and Commonwealth Office (FCO) in London last year, it is not clear how the ForCayman Alliance will stand up to that scrutiny.

 

The whole of the DRAFT TERMS OF REFERENCE – WMF – NOV 2012 is available