The Ministry’s recent conclusions are based on monitoring data submitted by Waste Management in October 2012. After reviewing the data and other information, a Ministry hydrogeologist stated that:

“It is my opinion that the landfill has impacted groundwater at, and beyond, the southern property boundary
(essentially Beechwood Road). These impacts exceed allowable limits according to Guideline B-7… As such, the
site is in non-compliance with Guideline B-7 and its Environmental Compliance Approval.”

As a result of these findings, the Ministry has directed Waste Management to submit a “Compliance Action Plan” to the
Ministry by December 21, 2012. The Ministry has indicated that the forthcoming Plan should describe “proposed remedial measures”, and “anticipated timeframes”, for bringing the Site into compliance with its environmental approval.

“My client concurs with the Ministry report, which finds that local groundwater is being impacted by the landfill,” said Richard Lindgren, a CELA lawyer representing the Concerned Citizens’ Committee/Tyendinaga and Environs (CCCTE).
“The Ministry report also correctly identifies the difficulty in monitoring this complex, fractured bedrock location.”

“For years, Waste Management has denied that leachate contaminants were moving offsite, but the Ministry report
confirms that offsite movement is occurring in excess of applicable limits, ” said Chief R. Donald Maracle of the Mohawks of the Bay of Quinte. “Since groundwater and surface water generally moves from the landfill towards Tyendinaga Mohawk Territory, we are alarmed by the Ministry report and we call upon Waste Management to quickly address this unacceptable situation, and to withdraw its proposal for the Beechwood Road Environmental Centre. ”

The latest Ministry findings come at time when Waste Management is currently conducting a controversial environmental
assessment of its proposal to construct an even larger landfill (Beechwood Road Environmental Centre) beside the
Richmond Landfill, which closed in 2011.

“Our long-standing concerns about the unsuitability of this site for landfilling purposes have been validated by the new Ministry report,” stated Mike Bossio, Chair of the CCCTE. “In our view, Waste Management owes it to site neighbours
and local communities to remediate the groundwater impacts from the Richmond Landfill, and to withdraw its proposal to
build an even bigger landfill at this risky location.”

“The Council of Tyendinaga Township is concerned about the Ministry findings, especially because a number of Township
residents live in close proximity to the Richmond Landfill,” said Rick Phillips, Reeve of the Township of Tyendinaga. “We believe that all necessary steps must be taken to protect the groundwater which supplies the wells used by these residents.”

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 – CCCTE & MBQ – Dec 2012

One of the documents we have which was issued by the MOE on Sept 30, 2010 is Condition 35 of your Certificate of Approval which orders you to close the Landfill by June 30, 2011.  The complete order can be viewed here(pdf). It states:

‘ The Owner shall ensure that no waste is received for disposal at the Site after June 30, 2011 and the site is capped with final cover material in accordance with the timelines presented below.’

Given that this order has been issued, Randy, we were surprised that you would state in your open letter to the public:

‘The Ministry of the Environment did not order the closure of our landfill’

As part of our request for an Environmental Tribunal Review of the monitoring of the closed landfill, we have affidavits from Waste Management and the MOE. In his affidavit sworn on Feb 17, 2012, Kyle Stephenson, MOE Hydrogeologist states:

‘The current work includes an assessment of impacts identified directly south of the landfill in the area of a particular group of domestic wells. These wells have been included in the monitoring program. In addition to sampling these wells in an ongoing monitoring program, the ministry has also required provision of bottled water or whole house water supplies.‘

Given that the MOE has required you to provide the water supply we are surprised that you imply that you have voluntarily done so.

In the same letter ad you claim:

‘At Waste Management, we believe it is essential that we are open and transparent with the community..’

This reminds us that your company refused to make public their recent Financial Assurance Calculations for the Richmond Landfill on the grounds that they contained ‘competitive information’. We were only able to obtain this information from the MOE through a formal Freedom Of Information request.
What we found when we finally accessed their calculations was that the company had reduced the contamination life span from 300 years (their own calculation in the previous EA) to 39 years. There was no explanation offered for the change. This had the effect of reducing the Financial Assurance funding that is required by law for the operator to set aside (among other things) to fund future remediation efforts (if required).

We are very disappointed that you were not entirely open and transparent in the public letter that you posted in the local Napanee papers (with statements that contradict the public record).  It certainly raises questions about other claims made by Waste Management.

None of this inspires confidence in your ability to manage the well-documented risks of landfilling here.  The first important step to risk management is to truthfully acknowledge that the risks exist.

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.

The Provincial Officer’s Report regarding this matter states that:

- MOE staff inspected the stormwater management facility on November 16 and 26, 2010, and identified “various deficiencies”;

- MOE staff re-inspected the facility on December 20, 2010 and “observed that the stormwater management facility was actively discharging impounded surface water from the outlet structure eventually leading off-site to the Beechwood ditch”;

- “Due to the nature of operations at this site, stormwater may become contaminated through contact with on-site waste”;

- MOE staff then contacted WM, and “it was evident that the Company was unaware that the stormwater management facility at the Site was discharging from the outlet structure to the natural environment”;

- “Company staff confirmed by email on December 21, 2010 that the valve at the outlet had not been closed at the conclusion of the last planned discharge, November 25, 2010. The ministry was also informed on December 21, 2010 that the valve was now closed”;

- on January 5, 2011, the Provincial Officer “received an email from the Company that earlier in the day… the valve at the outlet structure of the stormwater management facility at the Site was showing ‘some slight leakage’”;

- on January 5, 2011, the MOE issued a Provincial Offences Notice (ticket) to WM “for failure to comply with the terms and conditions” of its Certificate of Approval;

- on the same date, MOE staff observed “a significant amount of water” discharging from the outlet structure, and MOE staff estimated “a discharge rate of over 20,000 litres per day”;

- after reviewing WM’s facility inspection logs, the Provincial Officer was not “confident that the Company is providing accurate information within an acceptable timeframe”;

- “Due to the recent non-compliance incidents relating to this Certificate described in this report, it is the opinion of the undersigned Provincial Officer that the inspection program for the stormwater management facility at the Site is deficient”; and

- on January 11, 2011, the Provincial Officer issued an order under the Environmental Protection Act to impose further requirements upon WM regarding inspection, maintenance and reporting in relation to the stormwater management facility.

“We are alarmed and shocked by this incident,” stated Mike Bossio, Chair of the Concerned Citizens – Tyendinaga & Environs (CCTE). “We are also concerned that no public notification was provided by WM to downstream property owners about the stormwater discharge.”

“In our opinion, this incident demonstrates that it is premature to even consider WM’s proposal to construct the new Beechwood Road Landfill beside the Richmond Landfill,” said Richard Lindgren, an environmental lawyer who represents the CCTE. “In our view, WM’s attention – and MOE’s regulatory efforts – should be solely focused on promptly closing the Richmond Landfill in an environmentally sound manner.”

“We are astounded that WM did not notify us about the significant leakage of its storm water pond and its operational failings,” said Chief R. Donald Maracle of the Mohawks of the Bay of Quinte. “We have always been concerned about off-site impacts since the surface and ground water at the dump site moves towards our community. We are concerned about potential health impacts on our residents. The Richmond site is not suitable for any landfill operations.”

“The Richmond site, past, present and future, has been a concern to Tyendinaga Township Council for many years. This is just further evidence that our fears and concerns are well- founded,” said Rick Phillips, Reeve of Tyendinaga Township. “This site has proven to be, time and again, an unsuitable location for a landfill operation, and this recent news only helps confirm this. We urge the Ministry of Environment to take any and all steps to protect the environment for future generations.”

For more information, please contact:

Richard Lindgren – CELA (613-385-1686)

Mike Bossio – CCTE Chair (613-396-6784)

Chief R. Donald Maracle – MBQ (613-396-3424)

Reeve Rick Phillips – Tyendinaga Township (613-396-1944)

Media Release By: Canadian Environmental Law Association