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TTH take on the Ministry of Environment
#1

Waterkeeper.ca Weekly:
Tuesday, April 10, 2007

http://www.waterkeeper.ca


Gearing up to appeal the Lafarge Alternative Fuels Project

Last week, Lake Ontario Waterkeeper along with Clean Air Bath, Loyalist Environmental Coalition and The Tragically Hip won the opportunity to appeal the Ministry of the Environment's approvals for the Lafarge Alternative Fuels Project.

A few years ago, Lafarge began exploring the possibility of burning tires, plastics, bone meal and other waste materials in its cement kiln in Bath, Ontario.
From the very beginning, environmentalists and residents raised concerns about the impacts the "alternative fuels" project might have on local air and water quality. Tire-burning, in particular, attracted people's attention because it has led to increases in emissions of dioxins, PAHs, and metals in other communities. Non-governmental organizations, private citizens, local governments, and others documented their concerns in a number of submissions to the Ministry of the Environment.

One year ago, Lafarge asked the Ministry of the Environment for certificates of approval for air emissions and waste disposal so that it could launch the project. Waterkeeper and dozens of others used the Environmental Bill of Rights process to inform the Ministry of possible environmental impacts, ask questions about the process, and make recommendations to ensure clean air and water and fair decision-making.

In early summer 2006, our worries about pollution in the Bath Creek and Lake Ontario grew. Lafarge asked for a revised waste disposal permit last summer - this time for its thirty-year old cement kiln dust landfill. Lafarge dumps an average of 28,521 tonnes of cement kiln dust into its landfill each year, roughly the equivalent of the domestic waste created by 94,000 people. CKD is the dust captured from the cement kiln's exhaust gas by the air pollution control system. It is a corrosive, toxic substance.


Leachate from the landfill is released untreated into the Bath Creek, which runs from the landfill through the town of Bath and into Lake Ontario. Lafarge is allowed to continuously discharge into the creek as long as monthly monitoring does not indicate greater than 50% mortality to fish. In 2001, Lafarge reported two of these mortality tests where all organisms died at 100% concentration. Runoff from the landfill includes contaminants such as Silver, Aluminium, Cadmium, Iron, Nickel, Strontium, Zinc, Phosphate, and Phenols.

After carefully documenting our concerns about air pollution, water pollution, and the potential cumulative effects of so many so-called "alternative fuels," we were very surprised when the Ministry of the Environment approved the Lafarge Alternative Fuels project on the eve of the winter holiday last December. Every group and every citizen who had commented during the EBR process scurried to find legal representation to ask the Environmental Review Tribunal for permission to appeal the approvals within our alloted 15 days.

To win an opportunity to appeal the approvals, each party had to show that no reasonable person could have made same decision as the Ministry of the Environment, and that the Ministry's decision could result in significant harm to the environment. In its April 5, 2007 decision, the Tribunal declared that our groups had met this test.

The Tribunal's decision opens the door for Clean Air Bath, Lake Ontario Waterkeeper and Gord Downie, Loyalist Environmental Coalition, and The Tragically Hip. The groups will be represented by Rick Lindgren of the Canadian Environmental Law Association, Rob Wright of Sierra Legal Defence Fund, and noted environmental lawyer Joseph Castrilli. We will file our notice of appeal soon, and then we will finally have an opportunity to argue the issue in front of an independent tribunal.

With two years of research and comment under our belts and with the appeal to the Environmental Review Tribunal just beginning, this is a long process. It's also a milestone for Waterkeeper, the other participants, and everyone who has commented on any permit in recent years. We have a lot to contribute to the decision-making process ... and we are relieved that someone finally noticed.

More information: http://www.Waterkeeper.ca
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#2

just one more reason why i love this band
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#3

saw this scroll by on pulse 24 today.
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#4

50% mortality is allowable? That's insane. The Fisheries Act is pretty specific. How could they have obtained approvals for this?

I'm really pleased with the stance the band has taken on environmental issues of late, and also the specific issues they're getting behind. Likewise Sarah Harmer re the Niagara Escarpment.

Mav, can you point me to any info on the actual fish community involved here? Is Bath Cr. a coldwater or a warmwater stream, is there any important spawning habitat, etc.?
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#5

skippy the wonder dog Wrote:50% mortality is allowable? That's insane. The Fisheries Act is pretty specific. How could they have obtained approvals for this?

I'm really pleased with the stance the band has taken on environmental issues of late, and also the specific issues they're getting behind. Likewise Sarah Harmer re the Niagara Escarpment.

Mav, can you point me to any info on the actual fish community involved here? Is Bath Cr. a coldwater or a warmwater stream, is there any important spawning habitat, etc.?

Hmm, this I am not sure about. I can tell you, the Lafarge plant is really not far from Lake Ontario. I have a place a few klicks east of the city, accross from Kingston.

Waterkeepers would be the pace to go for that type of information.

Here's another article:

Hip band fights tire-burning plan
WAYNE HIEBERT/SPECIAL TO THE STAR
The Lafarge cement plant near Bath, Ont., is at the centre of a protest over plans to burn tires. The Tragically Hip rock band, which has a studio in the eastern Ontario town, is among the protesters.


<!-- m --><a class="postlink" href="http://www.thestar.com/Unassigned/article/201525">http://www.thestar.com/Unassigned/article/201525</a><!-- m -->

Apr 10, 2007 03:29 PM
Canadian Press

A fight to keep a cement plant from burning tires in Bath is getting backing from some of the town's most prominent residents.

Rock band The Tragically Hip has a studio in the town and lead singer Gord Downie says they felt compelled to speak up when the government green-lighted the plans of Lafarge Canada Inc.

Downie says the company's plans to create energy by burning tires has been approved by the government with no environmental assessment and no community input.

He says it's an issue that impacts directly on the community but could play out anywhere across the country.

The Kingston-based band joined a group of local stakeholders in filing a complaint with the Environmental Review Tribunal, and have helped win an appeal of the project.

Downie says the town is happy it will finally have its concerns heard – although it took far too much struggle.

"You don't have to scratch very far or very hard to find an issue like this everywhere, where people are forced to dig into their own pockets to defend themselves against something they never asked for," Downie said in an interview.

"All we're asking for is, `Is it safe?"'

Mark Mattson of the group Lake Ontario Waterkeeper said it's a big victory for the people of Bath to finally get a seat at the table and a chance to influence things happening around their own homes.

"These (appeal) processes are always good for the community and good for the public generally," Mattson said.

"This decision really should send shockwaves throughout the Ministry of the Environment and our political party in ruling in terms of reflecting on that decision."

Robert Wright of the Sierra Legal Defence Fund, which is taking on the case, said the government needs to reconsider its recent policy of allowing some incineration projects to skip lengthy environmental-assessment processes if energy is produced during the process.

"This appeal process was really a last resort because the other environmental-assessment processes had not been engaged," he said.

"(The government should) go slow, look at it very carefully to analyze the pros and the cons and do a proper assessment of it."

There are currently no facilities in Ontario that incinerate tires, but Lafarge has received clearance from the Ministry of the Environment to do so.

The company was chosen as a pilot project to gather data about what impact, if any, incineration would have on the environment.

Wright said the local community is concerned about what kind of emissions will enter the air and water given the facility plans to burn tires and other materials including animal parts.
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#6

Wow. Thats insane.

I'm an ecologist, I'm well aware that this kind of thing goes on in the UK, where landfill space is a problem. The incinerators end up with a toxic dust left from behind containing heavy metals and known carcinogens, not to mention the crap created from burning all that plastic and other petroleum derivatives.

It always amazes me when things crop up like this in Canada. It's like our country doesn't care or something. I mean, obviously the people do, but the government turns a gigantic blind eye to obvious environmentally damaging projects and nobody ever knows anything about them. Unlike the UK, where people know incineration is going on, people are aware of it.

I suppose thats the problem in Canada, us here in Manitoba for instance have absolutely no idea whats going on over there, despite it being downright atrocious. 50% mortality?!?! Man that number is staggering. Only because, if it kills 1/2 fish, imagine the genetic material damage on the remaining half.

I'd like to see the Environment Minister apply that logic to the Atlantic Cod. Why shit like this gets approved is mind boggling...seriously...you wouldn't light a tire on fire in your house would you, even if it generated all the electricity you needed for a year.
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#7

Skippy, I don't know much information about the stream and/or what fish are involved. I do, however, know that plant very well; I used to live not too far from it. I'd argue that the plant is not "near Lake Ontario", but directly on it. This goes for most of the large factories in the area that use lakers to transport goods to and from their plant. Ironically, there's a Hydro plant just up 33 Hwy from the LaFarge plant.

I'm sure these factories have been dumping waste into Lake Ontario for years. Maybe only recently did they begin to realize what environmental repercussions have occured. I would like to think that in this day and age, our government and our citizens have the necessary knowledge and gumption to keep a watchful eye on our waters. Enter the Waterkeepers, I guess.

Over the last 15 years, Lake Ontario (at least in the Kingston area) has become worse and worse to swim in. Locations like Lake Ontario Park, Lemoine Point or the floating bridge, which is close to Bath, used to be a popular and safe place to swim. Now, I've seen dead fish wash ashore.

I suppose one could consider me an environmentalist anyways. But Kingston was my home and I've enjoyed the cool breeze, the beauty and the fun Lake Ontario has provided that city. To think that we're content with destroying that is unbelievable.

You wonder how bad it can get? Come look at Hamilton bay. Dofasco and Stelco had been dumping waste into that water since the turn of the twentith century. Granted, they've likely invested millions of dollars collectively trying to clean it up in recent years... it will never be the same.
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#8

Well, the good old Fisheries Act is supposed to prevent (a) destruction of habitat, and (b) discharging deletorious substances into waterways containing fish ... unless, of course, your polluter has been given permission to do so.

I'm just wondering what the significance of the stream is in those terms.

Lake Ontario is the worst off of the Great Lakes, as it is the furthest downstream and also the most industrialized. It amazes me that the Ministry of the Environment would permit this, for that reason.
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#9

Bosman Wrote:Skippy, I don't know much information about the stream and/or what fish are involved. I do, however, know that plant very well; I used to live not too far from it. I'd argue that the plant is not "near Lake Ontario", but directly on it.

I know the plant very well.

The highway runs right along the lake, turn North off the highway and you are in the plants parking lot, turn South and you are in the water.

The quarry is probably only 1/2km from the lake..............
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#10

great info , thanks

it's unfortunate our government needs to be challenged on such issues.

such is today's world
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#11

Bosman Wrote:I'd argue that the plant is not "near Lake Ontario", but directly on it.

This is true.

Of note. I swim in lake Ontario.
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#12

I am not familiar with Bath creek, but if it is a tributary to the lake then it has both cold and warm water fish in it. In the spring and fall it would have cold water species in it, such as salmon,brown trout,and rainbow trout. these fish travel upsteam from the lake to spawn. in the summer months it will have warm water species in it ,such as bass and carp.
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#13

cochise Wrote:
Bosman Wrote:Skippy, I don't know much information about the stream and/or what fish are involved. I do, however, know that plant very well; I used to live not too far from it. I'd argue that the plant is not "near Lake Ontario", but directly on it.

I know the plant very well.

The highway runs right along the lake, turn North off the highway and you are in the plants parking lot, turn South and you are in the water.

The quarry is probably only 1/2km from the lake..............

Too bad the resolution in Google Earth is piss poor in this area or you could get a quick view of the location in relation to the streams/creeks ect.

However you can view the area on a digital 1:50,000 topographic map – which as of this week are all available online for free (finally)

The map sheet is 031C02

The website is
<!-- m --><a class="postlink" href="http://ftp2.cits.rncan.gc.ca/pub/canmatrix/50k_300dpi/031/c/">http://ftp2.cits.rncan.gc.ca/pub/canmat ... dpi/031/c/</a><!-- m -->


For you GIS folks – shp files at:
<!-- m --><a class="postlink" href="http://ftp2.cits.rncan.gc.ca/pub/bndt/">http://ftp2.cits.rncan.gc.ca/pub/bndt/</a><!-- m -->

Raster scans of Topographic sheets at:
<!-- m --><a class="postlink" href="http://ftp2.cits.rncan.gc.ca/pub/canmatrix/">http://ftp2.cits.rncan.gc.ca/pub/canmatrix/</a><!-- m -->
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#14

I just posted a DVD from the Whitby event to The Hip Tracker: <!-- m --><a class="postlink" href="http://www.thehiptracker.com/torrents-details.php?id=410">http://www.thehiptracker.com/torrents-d ... php?id=410</a><!-- m -->
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#15

Released today, for anyone interested:

TORONTO, Nov. 7 /CNW/ - The Environmental Commissioner of Ontario announced today that his office will be applying to intervene in a case that will have long-lasting impacts on future environmental decision-making in the province.

"My office has a direct interest in ensuring that the Environmental Bill of Rights (EBR) is interpreted in a way that is consistent with the Province's stated commitment to protecting, conserving and restoring the natural environment," the Commissioner, Gord Miller, stated.

Lafarge is seeking to quash an April 2007 decision of the Environmental Review Tribunal (ERT) which allowed environmental groups to appeal its plan to test burn alternative fuels in Bath, Ontario. Lafarge is suggesting that the ERT made an error when it decided that the Ministry of the Environment (MOE) Statement of Environmental Values is part of the relevant law and ...government policies" developed to guide ministry decision-making.

Miller notes that his office "has consistently taken the position that MOE officials and staff are required to consider the MOE's Statement of Environmental Values when they make decisions on approvals such as those that were granted to Lafarge." He decided to intervene in the action because he has serious concerns about the implications of Lafarge's arguments for MOE's decision-making on approvals.

Part of the mandate of the Commissioner is to maintain the effectiveness of the rights and tools the EBR provides to private citizens to ensure that the integrity of the environment is protected. He has a special mandate to educate the public about and promote the use of the EBR, including ministry application of the Statements of Environmental Values and the right to file leave to appeal applications.
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