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.

The Walkerton tragedy brought water to everyone’s attention and the Ontario Clean Water act was born to protect all of the provinces drinking water, unless of course you’re one of those residents that live outside of the areas serviced by municipal water. We are left to fend for ourselves.

But hey, we’re just a few hicks out in the countryside right? Our vote don’t count for much, and we rarely make the headlines.

Most of the voters live in cities and towns that have water treatment plants, and constant water testing, to make sure that their water is safe to drink. The act added another layer of protection to make sure that the source of their water is protected just in case incompetent Municipal Managers aren’t doing their jobs.

In the country side however we have NO protections. We have wells, dug in the ground, open to any number of contaminants from Industrial, agricultural, mining or dumps, just like Walkerton. Unlike most people, we have no treatment plants, no testing for anything other than bacteria, and we have to take the sample ourselves and bring it to a public health office on Mon/Tues or Wed during office hours.

The last time I checked, all of us living in the countryside were residents of Ontario. Most of the rivers, creeks and Lakes are located in the countryside. But our sources of water were not a priority in the Ontario Clean Water Act.

Source Water Protection in the act only refers to water being supplied to Urban Municipal water sources. No mention of rural sources. In our case it is perfectly alright to propose building a dump on land that serves as the headwater of our water sources, like the Marysville Creek.
How many creeks and rivers are being used as a dumping ground for waste, waste water, toxins?

The Napanee River is a good example. Waste Management dumps 20,000,000 litres of Leachate (garbage juice) into the Sewage Treatment plant, which is then “treated” and dumped into the Napanee River. In storm conditions this may overflow directly into the river.

The Napanee Water Treatment plant was not designed to treat leachate. What is more disturbing is that they are actually allowed to continue to pollute the Napanee River to the same level it is already polluted. So a heavily polluted river like Napanee’s continues to be polluted.

But no worries, the Town of Napanee gets its water from Lake Ontario. It is only those living along the river and the any ground water being fed by the river that would be affected. Once again, that would be us.