In a strongly worded decision, Ontario’s Environmental Review Tribunal recently agreed with the Concerned Citizens Committee of Tyendinaga and Environs (CCCTE) that the conditions appeared to be unreasonable and insufficiently protective of the environment. The Tribunal therefore granted the residents’ group leave (permission) to file an appeal against the conditions issued by the Ministry of the Environment.

“Our overall goal is to ensure robust monitoring and effective contingency plans at the Richmond Landfill, which finally closed in 2011,” said Mike Bossio, Chairperson of the CCCTE. “Filing our appeal is the next major step towards achieving this public interest objective.”

The group’s appeal is requesting the Tribunal to revoke the seven conditions in their entirety, and to replace them with more stringent and comprehensive conditions.

“It is rare for individuals or citizens’ groups to obtain leave to appeal landfill licences in Ontario,” stated Richard Lindgren, an environmental lawyer who represents the CCCTE. “My client looks forward to taking full advantage of this opportunity in order to pursue long-standing concerns about the landfill’s risks to air quality, surface water, and groundwater.”

The Tribunal will hold public hearings to receive evidence and submissions on the issues raised in the group’s appeal. The parties in the hearing will be the CCCTE, the Ministry of the Environment, and the site owner Waste Management of Canada Corporation. However, other interested persons, groups or municipalities may apply to participate in the Tribunal hearing.

Once the hearing has been completed, the Tribunal will render a legally enforceable decision under the Environmental Protection Act in relation to the conditions under appeal. Click here to view a copy of the group’s Notice of Appeal:

For more information, please contact:

Richard Lindgren (CELA) 613-385-1686

Mike Bossio (CCCTE) 613-396-6784

Media Release By: Canadian Environmental Law Association

Since June 2011, no waste has been accepted for disposal at the closed Richmond Landfill. However, the Ministry of the Environment recently amended the site’s licence under the Environmental Protection Act to impose obligations upon Waste Management related to environmental monitoring, contingency plans, and reporting in the post-closure period.

“My client’s position is that these new conditions are not sufficiently rigorous, and that more stringent safeguards should be included in the approval,” stated Richard Lindgren, an environmental lawyer who represents the CCCTE.

“From the public interest perspective, we believe that this massive landfill warrants careful monitoring and effective contingency plans in the event that remedial work may be required at the site,” said Mike Bosio, Chairperson of the CCCTE.  “In our view, the conditions imposed by the Ministry do not achieve this purpose.”

“The Mohawks of the Bay of Quinte are in support of this application to the Tribunal,” said Chief R. Donald Maracle of the MBQ. “We have always been concerned about off-site impacts since the surface water and groundwater at the landfill moves towards our community, and we want to see the strongest possible safeguards incorporated into the landfill’s licence.”

The CCCTE’s application was filed under Ontario’s Environmental Bill of Rights, and it is anticipated that the Tribunal may rule on the CCCTE application in March or April.  If leave to appeal is granted, then the Tribunal will hold public hearings and render a legally enforceable decision in relation to the conditions under appeal.

For more information, please contact:

Richard Lindgren (CELA) 613-385-1686

Mike Bosio (CCCTE) 613-396-6784

Chief R. Donald Maracle (MBQ) 613-396-3424

Media Release By: Canadian Environmental Law Association