In preparation for the upcoming Provincial Elections and in collaboration with  Chief R. Donald Maracle of the Mohawks of the Bay of Quinte we asked our local candidates to respond to a questionnaire about the Richmond Landfill.  We are pleased to report that candidates from all parties expressed their support for prohibiting a new or expanded landfill on the site of the Richmond Landfill. They also committed to work toward passing legislation to site mega-landfills on the safest and most suitable locations. To read our letter and their responses click this link: Provincial Candidates Statements

Fighting Dirty tells the story of how one small group of farmers, small-town residents, and Indigenous people fought the world’s largest waste disposal company to stop them from expanding a local dumpsite into a massive land fill. As one of the experts brought in to assess the impact the toxic waste would have on the community, Poh-Gek Forkert was part of the adventures and misadventures of their decades-long fight. The book will be released in September.

For information on how to obtain a copy please email: cccteftdy@gmail.com

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.”

MBQ – CLOSING SUBMISSIONS – FINAL – 150612 FINAL SUBMISSIONS OF THE APPELLANT (FINAL)

Speakers will include a concerned citizen, a professional hydrogeologist, an environmental lawyer and a local physician.  Each will outline key aspects of the situation which all residents and their representatives should understand as the environmental assessment process for this proposed massive landfill begins.

Topics to be addressed will include the history of the site, the social, health and financial impacts on local communities and their residents, the environmental assessment process, the unique hydrogeology of the site and how this impacts the environmental risks and the potential implications for human health in the affected communities.

The Mayors of Deseronto and Greater Napanee, the Reeve of Tyendinaga Township, the Chief of the Mohawks of the Bay of Quinte, and their respective councils as well as the MPPs of the two affected ridings (Randy Hillier and Todd Smith) are all urged to attend.

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