The volunteer organization (the CCCTE) has been growing in numbers and strength.  A dedicated group of talented people have rallied to this important cause.  If you care about the environment here is something that you can DO about it.

It is so great to be joined by the new, assertive and creative members. Many of us have been fighting the dump expansion for a decade or more.  When we go to meetings with the  Ministry of the Environment (MOE) or Waste Management we often know more about the file than anyone else in the room.

Since the end of 2006 when the Environment Minister denied the first expansion proposal, our main focus was on having the Richmond Dump ordered closed (which happened in 2011) and reviewing the monitoring plans after it closed.  Waste Management dragged it’s feet on closure by reducing the flow of garbage to a trickle and have put forward a deficient monitoring plan. In 2010 the MOE finally ordered closure. We have retained expert advice to make specific recommendations on how to improve the monitoring and these were ignored.

We have decided to use Ontario’s Environmental Review Tribunal to challenge this monitoring plan. You can read about the many concerns we have in documents posted here. The Tribunal has agreed with us that there is serious risk of harm to the environment and will hear the case in the Napanee Area. Hearings will be open to the public. The first public hearing is  scheduled for June 25 at 10:00am in the Selby Community Hall.

We also have to deal with a new proposal for a mega-dump at the same site. (Please read and sign our related petition.) Given the overwhelming scientific opinion that document the risks it is hard to believe they think they can get away with it.  A billion dollar business opportunity distorts the corporate mind. Waste Management is encouraging people to trade the long term health and reputation of Napanee for short term financial gains. In addition to the health risks, there is a real question about how these perceived financial gains will hold up. Will people and businesses still want to move here? Will real estate values keep pace?

Where is the MOE in all of this? Well we wonder the same thing.  The MOE scientists tell us they share our concerns about the risks and yet their management issued approval of the deficient monitoring plan. There is no question that the MOE staff are over worked.  We believe that our vigilance will lead the MOE to make the right decisions about the future of the Napanee dump. There are many people working hard to make that happen. Please join us by becoming a member of the CCCTE. Don’t take anything for granted.

In January 2012, the Ministry of the Environment re-issued the site licence under the Environmental Protection Act to impose new conditions upon the landfill owner (Waste Management of Canada Corporation) in relation to environmental monitoring, contingency plans, and reporting at the now-closed landfill. The CCCTE then applied to the Tribunal for leave (permission) to appeal seven of these conditions on the grounds that they were inadequate to protect the environment.

In its decision (linked PDF file below) dated March 30, 2012, the Tribunal agreed with the CCCTE that the conditions appeared to be unreasonable and insufficiently protective of the environment:

“The Tribunal finds that it appears there is good reason to believe that no reasonable person, having regard to relevant law and government policies, could have made the decision to issue the Environmental Compliance Approval to Waste Management of Canada Corporation, and that it appears that the decision in respect of which an Appeal is sought could result in significant harm to the environment, within the meaning of section 41 of the Environmental Bill of Rights (p.19).”

In reaching this conclusion, the Tribunal relied upon the Ministry’s acknowledgement of “the potential that the landfill may be causing contamination of groundwater” (page 13). The Tribunal also relied upon the Ministry’s hydrogeologist who interpreted recent data as indicating that “apparent landfill-related groundwater impacts” exist to the north and south of the waste fill area, and that “leachate is potentially extending off-site to the south of the landfill property (p.11).”

The Tribunal further noted:

“The Director asserts that the Ministry has assumed a worst-case scenario and has therefore required Waste Management of Canada Corporation to supply neighbouring residents with an alternate supply of water. The Tribunal finds that provision of alternative sources of drinking water, while appropriate, does not mitigate environmental harm. It may alleviate the effects of ecosystem impacts upon local residents, but it does not remedy the occurrence or severity of those impacts upon ecosystems (p.15).”

The Tribunal’s decision therefore allows the CCCTE to file a Notice of Appeal against the Director’s decision within the next two weeks.

“My client is pleased that the Tribunal has granted leave to appeal in this case,” stated Richard Lindgren, an environmental lawyer who represents the CCCTE. “We look forward to participating in the Tribunal’s hearings in order to present my client’s groundwater, surface water, and air quality concerns.”

“In our view, the highest priority is to ensure robust monitoring and effective contingency plans at the closed Richmond Landfill,” said Mike Bossio, Chairperson of the CCCTE. “In these circumstances, our group believes that it is premature and unacceptable for Waste Management to proceed with an environmental assessment for another new mega-landfill immediately beside the Richmond Landfill.”

At this time, it is unknown when the Tribunal will hold the appeal hearing in 2012. Once the hearing has been completed, the Tribunal will render a legally enforceable decision in relation to the conditions under appeal. In this case, the Tribunal has the authority to alter or revoke the Director’s decision, or to issue an order directing the Director to take such action as the Tribunal may specify in relation to this matter.

For more information, please contact:

Richard Lindgren (CELA) 613-385-1686

Mike Bossio (CCCTE) 613-396-6784

  download full text of the ERT March 30, 2012 Decision

Media Release By: Canadian Environmental Law Association