Finally  the local residents of this area are going to get an opportunity to pursue their longstanding concerns about the now closed Richmond Landfill’s risk to air quality, surface water and ground water.

We take it for granted that it should be a right to have clean air and water , however, our world doesn’t work that way. We need to  be pro-active  to ensure our rights through legal processes which require great expenditures of time, energy and money.

This Environmental Review Tribunal (ERT) Hearing  involves the CCCTE (us) verses the Director of the Ministry of the Environment (MOE), and this is one such legal process.

This landfill has a very long contaminating lifespan (300 years according to Waste Management Experts) and this Hearing is about addressing the conditions of the ECA (Environmental Compliance Approval) issued by the Director of the MOE  which will govern how the dump will be monitored for our children and grandchildren and beyond.

The CCCTE is  fortunate in being represented by a CELA lawyer, who is one of the top  Canadian environmental lawyers. His track record of success is stellar and includes the Adams Mine victory. We have this Appeal because he was successful in putting forth legal arguments in a  37 page submission in early February 2012  and a 15 page rebuttal to MOE’s and Waste Management’s arguments to deny us this Appeal.

The Tribunal agreed with the CCCTE that the conditions issued by the MOE Director appeared to be unreasonable and insufficiently protective of the environment.

Some excerpts from the Tribunal Decision:
Environmental Review Tribunal Decision: 12-003
CCCTE v. Director, Ministry 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 ECA 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 EBR”. P19

“The Tribunal finds that the landfill either is currently producing or could in the future produce significant harm to the environment” p.17

The Director’s affidavit did not refer to “the common law rights of local residents” p. 16

It is rare for individuals or citizen’s groups to obtain permission to appeal but once again local citizens  are breaking new ground in this long struggle  against  a giant multi-national corporation.  By appealing  the decision of the MOE Director we are taking a step to hold the MOE accountable to do its job to protect our air and water.

This Environmental Tribunal Hearing is important because it presents a once in a lifetime opportunity  for local residents, other  groups, and affected municipalities, along with the CCCTE , to speak with one voice about our concerns of Richmond Landfill’s risk to air quality, surface water and ground water affecting the people of this area.

If you are available please make an effort to come out to the Hearing on Monday June 25 at 10am (until around noon)  at Selby Hall to show the Tribunal that  there is a large public interest  and that we care how the Richmond Landfill will be monitored in the future so that environmental and  health risks to  our friends and neighbours will be minimised.

Tags: Contaminating lifespan, environmental protection, Environmental Review Tribunal, groundwater protection, Holding MOE accountable, Richmond Landfill, Tribunal hearings