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Wednesday, January 6, 2016.

An Environmental Review Tribunal has ordered improvements on the Richmond Landfill in Greater Napanee be imposed.
In the lengthy decision, the Environmental Review Tribunal (ERT) has ordered the Ministry of the Environment and Climate Change (MOECC) to impose significant improvements to Waste Management’s Environmental Monitoring Plan (EMP) for the now-closed Richmond Landfill.
Following days of testimony and evidence in the spring of 2015, the ERT released a decision on Dec. 24 outlining its findings and recommendations.
The tribunal process was initiated by an appeal filed in 2012 by the Concerned Citizens group. In the spring and summer of 2015, the tribunal held weeks of public hearings which enabled the parties (Concerned Citizens, Mohawks of the Bay of Quinte, Napanee Green Lights, WM and MOECC) to present factual, technical and scientific evidence regarding the Richmond Landfill and its off-site impacts.
The ERT found the landfill is contaminating groundwater beyond the boundary of the landfill and private, domestic wells have been contaminated. Waste Management will continue to provide alternative water supplies to the affected residences if occupied.
According to the ERT, the hydrogeological complexity of the site makes groundwater monitoring extremely difficult and the chemical 1,4-dioxane is the best indicator of leachate impacts for this site.
“The conclusions were that we’ve been right all along,” said Concerned Citizens chairman Ian Munro Wednesday afternoon. “I wonder where we’d be if we hadn’t been nipping at everyone’s heels all these years.”
The review document states there is evidence of leachate-contaminated groundwater in certain monitoring wells to the north and northwest of the landfill footprint and to the south and southeast of the landfill footprint extending to south of Beechwood Road. There is evidence that suggests an emerging concern there may be contaminated groundwater to the east of the site, north of Beechwood Road.
Further, contingency action is needed to bring the site into compliance with regulatory requirements; and a strict 1µg/l limit for 1,4-dioxane shall be used to determine how far off-site the leachate plume has spread.
The fight against the landfill has been ongoing for years and has taken huge amounts of work, effort and money by community members. “We’d probably have a much, much, much bigger landfill out there that would have been approved years ago. That was rejected in large measure because of our efforts,” said Munro.
He said without the efforts of concerned citizens and other groups involved, the current tribunal would have never happened.
“All the information that has come out as a result of that being made public shows that this landfill has been totally, incompetently monitored for many years.
“What we’ve learned now should have been known 20 years ago or 15 years ago at the minimum and we’re only just getting there now. It’s appalling. It’s taken all this effort on the part of the public and the local community to get the company and the ministry to do the job they should have done years ago.”
Munro first got involved with the group in 2003 and said these processes have been “absolutely time frustrating, time consuming and expensive.”
It is estimated the group has spent at least $200,000 since the late 1990s on fighting the expansions at the Richmond Landfill.
But there’s more work to do. In this tribunal, there is one step to be completed. He said the tribunal has directed all involved parties to provide agreed-upon wording for the implementation of the environmental compliance approval.
“It has to be formalized in writing and put into the licence, basically.”
That step should happen in the month or two, he said.
Apart from the current threat of the existing landfill, Munro said another proposal by Waste Management “to put, basically, four more of those landfills right beside it” is “looming” above the communities.
“That proposal is still on the books. We think this process has demonstrated that they cannot monitor this site adequately, so, what are they thinking?”
That proposal, for the “Beechwood Road Environmental Centre” was initially introduced around 2010 and the terms of reference for that project were ultimately approved in 2012.
Information regarding the project, on the Ministry of Environment website, states the proposed undertaking includes a new secure engineered landfill on a new footprint located north or northeast of the current Richmond Landfill. The new landfill is one component of the proposed Beechwood Road Environmental Centre, which is an integrated waste management facility comprising residential diversion, materials recycling, organics processing, construction and demolition and electronic waste handling facilities. The new landfill footprint is expected to have a total capacity of about 13 million cubic metres. It will include a liner system, leachate collection and landfill gas collection systems.
“It’s just a looming threat that’s sitting there, we’re well aware it’s potentially coming,” he said. “It’s ridiculous and totally irresponsible.”
Mike Bossio, MP for the Hastings, Lennonx and Addington riding, said he was gratified the tribunal has recognized the challenges of the site.
He served as the chairman of the group for several years but stepped back once elected as MP last year.
“All of this stuff could have been done a long time ago, if Waste Management and Ministry of Environment were doing their job.
“I’m gratified, and I’m hopeful that we are going to finally get to the bottom of this and determine the full extent of the contamination and the monitoring plan will finally have some teeth in it.”
Both Bossio and Munro lauded the efforts of the citizens’ group, the Mohawks of the Bay of Quinte and the Napanee Green Lights group.
“I am just so proud of the Concerned Citizens group and the incredible work they have done. It really is a sad state when we have to rely on a small community organization to fund a fight like this and let alone fight the fight in the first place,” Bossio said. “This really was unnecessary. If the company and MOE were doing their jobs we wouldn’t have to do it for them.”
Bossio, too, is concerned about the Beechwood Road Environmental Centre and said the site is unsuitable for a landfill.
“One of the most unsuitable sites for a landfill in all of Ontario, so put an end to it. There’s no reason that our community should have to go through this.”
Chief Don Maracle of the Mohawks of the Bay of Quinte made a similar statement, saying, “We are very pleased with some of the outcomes of the hearing, but very disturbed at the financial burden on our community and others. We hope the environmental protection will continue, but that the cost will ultimately be borne by the company responsible for these problems, Waste Management.”
Other key findings of the ERT include the former Lewis Meats abattoir is not a significant source of contaminants in groundwater, contrary to WM assertions; the full geographic extent of the leachate plume has not been fully delineated by WM despite extensive fieldwork; the farm property southeast of the landfill requires further investigation for groundwater impacts; testing of private wells every two years along Belleville Road is ordered; a study into the potential impact of existing and proposed pipelines south of the landfill has been ordered; and use of a blast trench as a contingency option has been eliminated from the EMP.

The Tribunal process was initiated by an appeal filed in 2012 by the Concerned Citizens. In the spring and summer of 2015, the Tribunal held weeks of public hearings which enabled the parties (Concerned Citizens, Mohawks of the Bay of Quinte, Napanee Green Lights, WM and MOECC) to present factual, technical and scientific evidence regarding the Richmond Landfill and its off-site impacts.

In its decision, the ERT allowed the Concerned Citizens’ appeal and found that:

• The hydrogeological complexity of the site makes groundwater monitoring extremely difficult;
• The chemical 1,4-dioxane is the best indicator of leachate impacts for this site;
• The landfill is contaminating groundwater beyond the landfill boundary;
• Private domestic wells have been contaminated, and WM shall continue to provide alternative water supplies to the affected residences if occupied;
• Leachate contamination of groundwater extends hundreds of meters from the landfill footprint, and currently underlies public and private properties south of the landfill;
• Contingency action is needed to bring the site into compliance with regulatory requirements; and
• A strict 1µg/l limit for 1,4-dioxane shall be used to determine how far off-site the leachate plume has spread.

Other key findings include: the former Lewis Meats abattoir is not a significant source of contaminants in groundwater, contrary to WM assertions; the full geographic extent of the leachate plume has not been fully delineated by WM despite extensive fieldwork; the farm property southeast of the landfill requires further investigation for groundwater impacts; testing of private wells every two years along Belleville Road is ordered; a study into the potential impact of existing and proposed pipelines south of the landfill has been ordered; and use of a blast trench as a contingency option has been eliminated from the EMP.

Ian Munro, Chairman of the Concerned Citizens, said: “While this decision effectively supports every important recommendation we have made, it is regrettable that a group of citizens must organize and fund this work to protect our local environment. Over the years, our citizens’ group has been forced to raise and expend significant funds pursuing our concerns because, in our opinion, both WM and the MOECC unjustifiably rejected recommendations made by the Concerned Citizens and their experts. I am gratified that these recommendations have now been imposed by the ERT in a legally binding decision at the conclusion of this appeal process. Concerned Citizens would like to thank our team of experts including Wilf Ruland (hydrogeology) and Dr. Poh-Gek Forkert (toxicology), our CELA lawyer Richard Lindgren, our tireless volunteers and all who have supported us in these efforts over many years.

Concerned Citizens’ hydrogeologist Wilf Ruland indicated that the ERT decision confirmed that WM was responsible for the massive off-site contamination caused by the Richmond Landfill, and for the very challenging task of trying to track the off-site contamination in the complex and highly unpredictable groundwater flow system.  Mr. Ruland went on to state that “the job of determining how far off-site the contamination has gone is far from complete, with the actual extent of the leachate plume still unknown.”

“The ERT decision wholly vindicates my client’s long-standing concerns about groundwater contamination emanating from the Richmond Landfill Site,” said Richard Lindgren, lawyer for the Concerned Citizens. “In addition, it is my view that the Tribunal’s findings make it abundantly clear that this fractured bedrock setting is unsuitable for the massive Beechwood Road Environmental Centre (BREC) landfill being proposed by WM beside the Richmond Landfill.”

“The Mohawks of the Bay of Quinte share many of the Concerned Citizens’ concerns”, said Chief Don Maracle. “At the same time, as an independent First Nation government, the cost of these proceedings has had to be taken from funds badly needed for the operation of our community and the well-being of our residents. We are very pleased with some of the outcomes of the hearing, but very disturbed at the financial burden on our community and others. We hope the environmental protection will continue, but that the cost will ultimately be borne by the company responsible for these problems, Waste Management.”

There is evidence that leachate is migrating off-site from the Richmond Landfill Site and causing off-site groundwater impacts.

Due to the fractured limestone on which it is located, determining the extent of the leak, and containing the contamination, is extremely difficult.

Neighbours, including residents of: The Town of Greater Napanee, Tyendinaga Township, Deseronto, and the Mohawks of the Bay of Quinte, fear the impacts this will have on the aquifers that supply their drinking water.

In spite of this Waste Management is proposing to locate a new dump beside the old one that is four times its size (400,000 Tonnes/year). They have rebranded the dump as ‘The Beechwood Road Environmental Centre’.

Many volunteers have donated their time and expertise in this battle. We have a formidable legal team from the Canadian Environmental Law Association and we have retained the best technical experts to help us understand the complex scientific implications of this landfill.  This is an expensive fight.

With their help we have successfully appealed to the Environmental Review Tribunal to strengthen the scrutiny and management of the closed site.

You have the opportunity to help us. We are conducting a raffle to raise the money we need to pay for the experts.

To sell tickets please contact Cheryl Furlong at cherylfurlong07@aol.com

Click Here for details on where to Buy Your Ticket.

Mike Bossio

Chair, Concerned Citizens

CANCELLED

Citizens are encouraged to attend the Second Environmental Review Tribunal Preliminary Hearing at 10:00am on Tuesday Sept. 11, 2012 at the Strathcona Paper Centre, 16 McPherson Drive, in Greater Napanee Ontario. The Concerned Citizens have been granted leave to appeal certain conditions contained in the site licence for the massive Richmond Landfill. In granting leave the tribunal recently agreed with the citizens that the conditions appeared to be unreasonable and insufficiently protective of the environment.  This will be the second preliminary hearing by the Tribunal of this matter.

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

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

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