CT – 2000/002 THE COMPETITION TRIBUNAL IN THE MATTER OF the Competition Act, R.S. 1985, c. C-34, as amended; IN THE MATTER OF an Application by the Commissioner of Competition under section 92 of the Competition Act;
AND IN THE MATTER OF the acquisition by Canadian Waste Services Inc. of certain assets of Browning-Ferris Industries Ltd., a company engaged in the solid waste business.
BETWEEN: COMMISSIONER OF COMPETITION Applicant – and – CANADIAN WASTE SERVICES HOLDINGS INC., CANADIAN WASTE SERVICES INC. AND WASTE MANAGEMENT, INC.
Respondents
SUPPLEMENTARY AGREED STATEMENT OF FACTS
Table of Contents I INTRODUCTION............................................................................................................... 1 II FURTHER INFORMATION ON SOME PERMANENT DISPOSAL FACILITIES AND TRANSFER STATIONS............................................................................................. 1
I INTRODUCTION 1. This Supplementary Agreed Statement of Facts supplements and amends the Agreed Statement of Facts dated October 2, 2000. It is intended to reflect the facts as of October 31, 2000.
2. The conditions expressed in paragraphs 1-4 of the Agreed Statement of Facts apply to this Supplementary Agreed Statement of Facts.
3. Terms defined in the Agreed Statement of Facts have the same meaning in this Supplementary Agreed Statement of Facts.
II FURTHER INFORMATION ON SOME PERMANENT DISPOSAL FACILITIES AND TRANSFER STATIONS
4. Revised Confidental Appendix B contains a revised version of Confidential Appendix B of the Agreed Statement of Facts. The following information has been updated:
(a) Distances between Transfer Stations and Permanent Disposal Facilities have been added;
(b) Corrections have been made to volumes, disposal and transport costs reported by Miller Durham and Miller Markham Transfer Stations together with notes explaining the corrections; and
(c) Volumes reported by Wasteco as transferred through the Kermecho Transfer Station have been added to Kermecho volumes together with notes explaining the additions.
5. The parties acknowledge that the information in the Agreed Statement of Facts that is based on the information in Confidential Appendix B must be updated to the extent required as a consequence of the revised information in Revised Confidential Appendix B.
-2-6. Appendix F attached hereto contains data sheets for some of the Permanent Disposal Facilities that the parties may refer to during the hearing.
7. Appendix G attached hereto contains a table with summary information about the volumes of waste from Chatham-Kent disposed of at the Ridge and Gore landfills.
Dated: November 20, 2000. ounsel for the Applicant £-
Allen Park Affiliation Ford Allen Park Clay Mine Location 17005 Oakwood Blvd, Allen Park, Michigan Distance from Toronto 385 km Waste data Permitted waste Solid non-hazardous waste Permitted waste service area Not Applicable Annual Capacity (tonnes) Present Permitted Annual capacity Not Applicable Total permitted capacity* 1,417,000 bank yards Estimated lifespan (remaining) Depends on annual fill-rate Actual waste volumes (cubic yards) 1999 1998 1997 1996 Total waste received 224,561 211,546 148,029 121,053 Canadian SNHW received 0 0 0 440 Notes: Waste volume source is Michigan DEQ Reports. Reporting years are October 1st to September 30th.
Miscellaneous Information * As of January 1, 1999.
Arbor Hills Affiliation Onyx (Superior Services) Location Northville, Michigan Transport data Distance from Toronto 416 km Waste data Permitted waste Solid non-hazardous Permitted waste service area Out-of-State volume limited to 6,250,000 gate cubic yards in any consecutive 5 year period pursuant to host community agreement.
Permitted waste volumes (in cubic yards) Present Permitted annual capacity Not Applicable Total permitted capacity (remaining)* 27.6 million (bank yards) Expected lifespan (remaining) 16 years Actual waste volumes 1999 Total waste received (cubic yards) 4,071,959 Canadian waste received (cubic yards) 1,171,654 Notes: Total waste received & Canadian waste received from Michigan DEQ reports. Years from October 1 to September 30. Miscellaneous Information This landfill was owned by Allied Waste from July 1999 to March 2000 and was owned by BFII prior to July 1999.
* As of January 1, 1999.
4353678
Applied for No outstanding application for capacity expansion 1998 1997 1996 4,342,318 3,078,324 3,012,526 1,492,742 712,156 689,458
Britannia Road Landfill Affiliation Municipal Location Britannia Road, 5700 Terry Fox Way, Mississauga, Ontario Located in GTA Waste data Permitted waste Municipal non-hazardous waste Permitted waste service area Regional Municpality of Peel Capacity (tonnes) Present Permitted Annual capacity 200,000 Total permitted capacity (remaining) Estimated lifespan (remaining) 1-2 years Actual waste volumes (tonnes) 1999 1998 1997 1996 Total waste received 207,820 197,619 Canadian waste received 207,820 197,619 Notes: Miscellaneous Information Scheduled to close approximately year 2001-2002. $80.00 tipping rate. 31,601 tonnes of ICI received in 1999.
Caledon Affiliation Municipal Location 1795 Quarry Drive, Caledon, Ontario Distance from Toronto Located in GTA Waste data Permitted waste Solid non-hazardous municipal, Industrial, Commercial and Institutional Waste for Regional Municipality of Peel
Permitted waste service area Caledon Capacity (tonnes) Present Permitted Annual capacity 1,428 Total permitted capacity (remaining) 10,000 Estimated lifespan (remaining) 7 years Actual waste volumes (tonnes) 1999 1998 1997 1996 Total waste received Canadian SNHW received
Notes: Miscellaneous Information
Citizens Disposal Affiliation Allied Waste Industries, Inc. Location Grand Blanc, Michigan Transport data Distance from Toronto 402 km Waste data Permitted waste Solid non-hazardous waste Permitted waste service area Not Applicable Permitted waste volumes (cubic yards) Present Applied for Permitted annual capcity Not Applicable Total permitted capacity (remaining)* 15 million cubic yards Expected lifespan (remaining) 25 years Actual waste volumes (in cubic yards) 1999 1998 1997 1996 Total waste received 895,696 1,066,711 1,029,326 582,491 Canadian waste received 95,431 477,072 400,949 104,898 Notes: Miscellaneous Information Source for total and Cdn waste: Michigan DEQ Report. * As of January 1, 1999.
4353658
Halton Landfill Affiliation Municipal Location 5400 Bronte Road (Regional Road 25), Halton Hills, Ontario Distance from GTA Located in the GTA Waste data Permitted waste Solid non-hazardous Permitted waste service area Regional Municipality of Halton Capacity (tonnes) Present Permitted Annual capacity 110,000 Total permitted capacity 4,000,000 Estimated lifespan (remaining) 32 years Actual waste volumes (tonnes) 1999 1998 1997 1996 Total waste received 100,000 (approx) Canadian SNHW received 100,000 (approx) Notes: Tipping Fee for all waste is $101/tonne. Waste received was mostly residential (3-5% ICI waste)
Miscellaneous Information
Keele Valley Affiliation City of Toronto Location Keele St, Maple, Ontario Located in GTA Waste data Permitted waste Solid non-hazardous waste Permitted waste service area GTA Annual Capacity (tonnes) Present Permitted Annual capacity currently being filled at a rate of 1.4 million tonnes. Total permitted capacity (remaining) 3,140,000 Estimated lifespan (remaining) 26 months Actual waste volumes (tonnes) 1999 1998 1997 1996 Total waste received 1,497,400 1,625,383 1,711,417 1,515,120 Canadian SNHW received 1,497,400 1,625,383 1,711,417 1,515,120 Notes: Closure expected January 1, 2003 based on fill rate of 1.4 million. Miscellaneous Information
KMS Peel Incinerator Affiliation Region of Peel Location Bramalea Road, Brampton, Region of Peel Located in GTA Waste data Permitted waste MSW, ICI Permitted waste service area Regional Municipality of Peel Capacity (tonnes) Present Permitted daily capacity 500 Total permitted capacity N/A Estimated lifespan (remaining) N/A Actual waste volumes (tonnes) 1999 1998 1997 1996 Total waste received 134,428 Canadian SNHW received 134,428 Notes: Total volume disposed of excluding ash, metal, grit, wet and non-acceptable waste was 91,943 tonnes. 9,422 tonnes of ICI waste received in 1999.
Miscellaneous Information
Lafleche Affiliation Private Location Roxborough, Ontario Distance from Toronto 436 km Waste data Permitted waste Solid non-hazardous, municipal, industrial, commercial and institutional waste Permitted waste service area Province of Ontario Capacity (tonnes) Present Permitted Annual capacity 200,000 Total capacity (remaining) 4.3 million Estimated lifespan (remaining) 23-24 years Actual waste volumes (tonnes) 1999 1998 1997 1996 Total waste received Canadian waste received GTA SNHW received Directed GTA SNHW received Internalized GTA SNHW received
Miscellaneous Information Obtained C of A November 1999 - Site not operating.
Midland Affiliation City of Midland Location 4311 East Ashman Road, Midland, Michigan Distance from Toronto 499 km Waste data Permitted waste Solid non hazardous Permitted waste service area Not Applicable Capacity 1997 Data (cubic bank yards) Present Permitted Annual capacity Not Applicable Total capacity (remaining)* 8.5 million Estimated lifespan (remaining) 70 years Actual waste volumes (cubic yards) 1999 1998 1997 1996 Total waste received 492,952 489,647 485,665 478,220 Canadian SNHW received 0 0 0 0 Notes: Waste volumes source is Michigan DEQ Reports. Reporting years are October 1st to September 30th.
Miscellaneous Information * As of January 1, 1999.
Oakland Heights Affiliation Allied Location 2350 Brown Road, Oakland County, Auburn Hills, Michigan Distance from Toronto 382 km Waste data Permitted waste Solid non-hazardous waste Permitted waste service area Not Applicable Capacity (cubic bank yards) Present Permitted Annual capacity Not Applicable Total Remaining Capacity* 5,771,000 bank yards Estimated lifespan (remaining) depends on fill-rate Actual waste volumes (cubic yards) 1999 1998 1997 1996 Total waste received 1,743,342 1,892,035 1,663,395 1,219,005 Canadian SNHW received 39,705 333 107 16 Notes: Waste volumes source is Michigan DEQ Reports. Reporting years are October 1st to September 30th.
Miscellaneous Information * As of January 1, 1999.
Pinetree Acres Affiliation Waste Management Inc. Location 36600 29 mi Road, New Haven, Michigan Distance from Toronto 327 km Waste data Permitted waste Non-hazardous solid waste - municipal, industrial process, contaminated soils, sludge, coal ash, auto shredder fluff, demolition debris and non-friable asbestos
Permitted waste service area Not Applicable Capacity (cubic bank yards) Present Permitted Annual capacity Not Applicable Total remaining capacity (remaining)* 28,840,000 cubic bank yards Estimated lifespan (remaining) depends upon annual fill rate Actual waste volumes (cubic yards) 1999 1998 1997 1996 Total waste received 2,785,140 2,238,519 1,508,896 883,023 Canadian SNHW received 69,630 22,384 82,656 0 Notes: Waste volumes source is Michigan DEQ Reports. Reporting year is October 1st to September 30th. Miscellaneous Information * As of January 1, 1999. Waste that is transported to Pinetree is usually transported via the Queen Elizabeth Way, Highway 403, and/or Highway 401and 402 west of London and the US interstate highway system accessed at Port Huron, with city streets and local roads being used at either end of transport.
4339058
Pontiac Affiliation Municipal Location 575 Collier Road, Pontiac, Michigan Distance from Toronto 382 km Waste data Permitted waste Solid non-hazardous waste Permitted waste service area Not Applicable Capacity (cubic bank yards) Present Permitted Annual capacity Not Applicable Total capacity (remaining)* 953,000 Estimated lifespan (remaining) Depends on annual fill rate Actual waste volumes (cubic yards) 1999 1998 1997 1996 Total waste received 276,750 382,095 393,267 385,398 Canadian SNHW received 0 0 0 0 Notes: Waste volumes source is Michigan DEQ Reports. Reporting years are October 1st to September 30th.
Miscellaneous Information * As of January 1, 1999.
Riverview Land Preserve Affiliation City of Riverview Location Riverview, Michigan Transport data Distance from Toronto 389 km Waste data Permitted waste SNHW, no yard waste, no compost Permitted waste service area Not Applicable Permitted waste volumes (cubic yards) Present Applied for Permitted annual capacity Not Applicable Total permitted capacity* 14.1 million Expected lifespan (remaining) 22 years Actual waste volumes (y3: cubic yards or t: tonnes) 1999 1998 1997 1996 Total waste received (in y3) 1,224,927 693,944 1,101,847 1,564,646 Canadian waste received 21,474 t 0 70,254 y3 774,341 y3 Notes: Total waste received & Canadian waste (except 1999) received from Michigan DEQ reports. Years from October 1 to September 30.
Miscellaneous Information * As of January 1, 1999.
4353688
Tri-City Affiliation WMI Location Carsonville, MI Transport data Distance from Toronto 348.5 km Waste data Permitted waste Solid non-hazardous waste Permitted waste service area Not Applicable Capacity Present Permitted Annual capacity Not Applicable Estimated Total Remaining Capacity* 10,780,000 bank yards Estimated lifespan (remaining) depends on fill rate Actual waste volumes (cubic yards) 1999 1998 1998 1998 Total waste received 234,208 158,092 271,492 136,339 Canadian SNHW received 53,085 461 28,170 19,834 Notes: Waste volumes source is Michigan DEQ Reports. Reporting year is October 1st to September 30th.
Miscellaneous Information * As of January 1, 1999.
4339058