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

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

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

- “There are potential groundwater quality problems evident on all sides of the Richmond Landfill, with anomalous water quality results at distances of up to hundreds of meters from the landfill” (page 4);

- “In my professional opinion, the most likely cause for many of the cases of anomalous water quality is leakage from the nearby Richmond Landfill” (page 18); and

- “Table 2a confirms that the landfill was certainly impacting surface water quality in 2006-2008… Iron and copper exceeded the [Provincial Water Quality Objectives] level in the 2006-2008 period, and in previous years as well. Un-ionized ammonia was over the PWQO limit in November 2006 and occasionally in prior years” (page 6).

“We are alarmed and shocked by Mr. Ruland’s findings, which substantiate our grave concerns about leachate leakage, detection and remediation at this vulnerable setting,” stated Mike Bossio, Chair of the Concerned Citizens – Tyendinaga & Environs (CCTE), which retained Mr. Ruland to conduct his independent review of recent WM documentation.

“Our clients are calling upon the Ministry of the Environment to immediately act upon Mr. Ruland’s 17 recommendations regarding the Richmond Landfill,” said Richard Lindgren, an environmental lawyer who represents the CCTE. “Moreover, it is our opinion that Mr. Ruland’s report raises serious questions about whether WM should be proceeding with its proposed Beechwood Road Environmental Centre landfill beside the existing Richmond Landfill.”

For more information, please contact:  

Richard Lindgren – CELA (613-385-1686)

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

Related Information:

Nov 03 2008

Richmond Landfill: Chronology of Environmental Concerns

Media Release By: Canadian Environmental Law Association