Update on the Taggart Miller CRRRC Project

Transcription

1 Update on the Taggart Miller CRRRC Project June 14, Annual General Meeting Dump the Dump Now Campaign

2 MOECC Minister s Decision 5 June 2017

3 Gateway to Russell - Boundary Rd at Hwy 417

4 How did we get here? Nov CRRRC project announced for the North Russell Quarry Site. Nov Dump the Dump Now campaign began. Jun 2012 Alternate site announced at Boundary Rd. Jun 2012 Dump this Dump 2 campaign began. Sep 2012 Final Terms of Reference submitted. Dec 2012 Terms of Reference approved.

5 Environmental Assessment Report Hired experts hydrogeology, geotechnical, clay, biology, environmental science. Jan Final EA report issued. 6 Vol pages Feb 2015 Public review period closed.

6 MOECC Ministry Review Document 15 April released. (only partially translated into French) 20 May Deadline for Public comments.

7 CESA-EO and CRCCPE Response Our issues: - surface water and groundwater pollution, - air pollution, - weak sensitive Leda clay underlying the site, - clay liquefaction in a seismic event (earthquake) - leachate treatment, - handling of green house gas emissions. Our request: - grant a public Environmental Review Tribunal to provide a fair hearing on all the contentious issues.

8 Russell Township s Response Township did not read the Ministry Review document! 2 May 2016 our presentation to Township Council. 3 May 2016 Mayor sent a letter of concern to MOECC 2 Feb 2017 Mayor sent another letter saying they had not received a reply from their letters of 19 Feb 2015 or 3 May No reply for their 2 Feb 2017 letter.

9 Russell Township - Traffic concerns on Boundary Road; - Russell representation on the Community Liaison Committee (CLC) being setup to monitor operational issues, public complaints and environmental issues; Composition of Carp dump CLC - 2 members from Waste Management Inc.; - 5 City of Ottawa councillors; - 3 members of the public from the surrounding community; - 2 members of the local business community.

10 City of Ottawa s Response Prior to granting approval the MOECC should: 1. Establish fixed waste reduction targets for IC&I and C&D waste and programs to support these diversion targets. 2. Develop a net greenhouse gas impact assessment calculation for this project. 3. The City has a concern about the loss of forest cover at the Boundary Road site, the City is asking that the proponent be required to purchase an equivalent quality/quantity forest or wetland elsewhere in the City of Ottawa.

11 Minister s Options

12 Notice of Approval - Conditions Preparing a Compliance Monitoring Program and Complaints Protocol and submitting annual compliance reports to the Ministry. Maintaining a Community Liaison Committee to address public concerns. Preparing plans for dust management, odour abatement, and leachate management to be submitted with the application for an Environmental Compliance Approval. Ensuring protection from severe storms in the stormwater management system design.

13 Conditions Studying the feasibility of using the collected landfill gas for beneficial uses (electricity or heat generation) rather than flaring off the gas. Reporting on the commitments made in the Waste Diversion protocol, as well as ensuring the waste diversion components at the site are operational before accepting residual waste at the landfill component of the CRRRC. Including facilities for: C&D waste processing, materials recovery, organics processing, compost processing and contaminated soil treatment and surplus soil stockpiles. Completing an annual inspection to ensure all landfill components are in working order, and inspecting the site within 24 h and reporting to the District Office within 5 days of a seismic occurrence.

14 Conditions Consult with Ministry of Transportation on intersection improvements at access location off Boundary Rd. (left turning lane into the site) and on-site queuing of sufficient capacity to avoid truck queueing on Boundary Rd. If within 5 years of the date of approval, the proponent has not commenced construction then the proponent shall undertake a review of the Environmental Assessment (EA) to ensure the anticipated effects and associated mitigation measures set out in the original EA are still accurate and identify any changes.

15 Waste Diversion Protocol Since there are no provincial requirements for diverting IC&I and C&D waste - TM will work with waste generators and haulers to promote source separation by workshops and financial incentives (?), - Work with MOECC and OWMA to promote diversion over disposal, - Build a C&D processing facility diversion target is 70% - Mixed waste with over 50% organics will be sent to the organics facility diversion target is 70% - Build a Material Recovery Facility - CRRRC website claim 43-57% diversion.

16 Dr. Joe Wallach

17 North Russell Faults Interpreted North Russell faults that explain topographical features like Cholowski Hill. The proponents supressed this and MOECC sided with them.

18 Legal Opinion there is no statutory right to appeal a Minister's Decision. a request for reconsideration is possible, if there is a change of circumstances or new information. apply for a judicial review errors of law or jurisdiction committed by MOECC. Minister has the right to be wrong as long as he stays within his area of jurisdiction. the public is not usually allowed to comment on the Environmental Compliance Approval application we could request that the MOECC voluntarily provide a public review before it is considered for approval under the Environmental Protection Act.

19 Lawyer s Conclusion There has been an uphill battle ever Dec 2012 when the MOECC approved the scoped (or focussed ) Terms of Reference to guide the conduct of the EA process. In effect, by excluding alternatives to analysis from the EA, the MOECC arguably made it easier for the proponent to get through the EA process. Once the favourable Ministry Review was released in 2016, your groups uphill battle became even steeper (if not impossible as it became increasingly clear that the MOECC staff were siding with the proponent s consultants on the key technical issues in dispute.

20 Possible Next Steps 1. Political actions (protest the Province s decision, future rezoning, by the City of Ottawa). 2. Request a public review of the proponents plans to deal with: leachate treatment, odour abatement, dust control and green house gases under the EPA Environmental Compliance Approval. 3. Request representation on the Community Liaison Committee.

21 Protests

22 North Russell Quarry Site April 2017 What will Taggart do with this property?

23 North Russell Quarry Site

24 North Russell Quarry Site

25 North Russell Quarry Site Hanson Brick Ltd. to Ontario Inc. (the Taggart Holding Co) 2008 Bill of Sale for $1.25 million Purchaser "shall NOT... allow the clay or shale or any other material on the property to be used for manufacturing brick or brick-related products" (Terracotta). This restriction was for 10 years.

26 North Russell Quarry - Shale resource of provincial significance Drift thickness from Rowell, D.J. (2012) UCPR ARIP (2013)