Place: St. Stephen's Parish Hall, Cayuga, Ontario at 7:30 p.m.
Present:
Dave Glenney, Chair;
Rob Gerrie, Secretary;
Councillor Buck Sloat, Member;
Chris Martin, Member;
Jane Glassco, Ministry of the Environment;
Jason Ryan, Ministry of the Environment;
Wilf Ruland, Hydrogeologist.
Matters for Discussion
1. Dave welcomed those present and asked that everyone around the table to introduce themselves.
2. Delegations:
a) Brahm Rosen
Dave advised that the Receiver would not be in attendance this evening but he
would be present at the same time and place the following Thursday. If there
were any questions Dave would pass them on to Brahm Rosen.
b) Wilf Ruland
Wilf Ruland advised that he had been on the site today. He indicated that he
was a water scientist specializing in technical issues and he was here this
evening to give a brief overview of what was happening on the landfill site.
His site visit had taken place late this afternoon. Wilf stated that the site appearance was orderly and in his opinion had been managed by someone with experience. The construction and operations had demonstrated an orderly appearance.
A security guard was on site. The waste and excavated cell had been divided. The hazardous waste had been demarcated and no activity was taking place. The old barrels had been covered and nothing had been taken out.
Wilf pointed out that the east cell had been excavated and that the liner was in place. The leachate collection system was complete and overtop of that a layer of gravel and then a geotech cover had gone in. He pointed out that another layer of gravel would go over the cover to separate the cover from the waste.
Wilf indicated that some existing monitoring wells had been relocated. These wells had been locked and capped. If surface water collects it will be tested. Wilf said there is not a lot of liquid travelling off site.
He told those present that previously the PLC had recommended that further monitoring wells be installed south of the landfill site so that further monitoring could be done. The future situation is not clear. The results to date have been inconsistent. What is required is clarity through quality assurance. What we are seeing is highly unlikely and what we are seeing is unreal. This will get sorted out but we are not there yet. Wilf recommended that the new wells go in. Monitoring issues are not yet sorted out.
It was Wilf's contention that it is the receiver's job to see that the new wells go in. Fencing needs to go around the site to secure it.
Wilf felt that the Receiver should be here to deal with the non-technical issues. The court order was issued September 10th, 2007 and the site is in control of the Receiver. Wilf stated that how the site is managed is up in the air and things can and do change hopefully for the better. He stressed that HALT be vigilant. The Receiver will do the best they can with the resources they have. They must have good environmental practices. Wilf said you look for continuity in management and the consulting team. It is tricky if there are new faces. The Ministry conditions must be maintained.
3. Confirmation of Minutes Motion:
Moved by: Buck Sloat
Seconded by: Chris Martin
"That the Minutes of the Meeting held on March 16th, 2005 and July 31st, 2007
be confirmed as presented." CARRIED
4. Site Development Activities
Jason Ryan advised that very little activity had taken place on the site –
minor things. Jason advised that the C. of A. remains in place. Compliance to
this document plus the orders also remain in place. He told those present that
there has been no face to face meeting but the Receiver will abide by the
conditions of the C. of A.
Buck asked who is in charge of the site.
Jason responded that Ontario Superior Court has given the Receiver the authority to run the site.
Dave asked that if the liner gets frost will it destroy it.
Jason responded that if it was exposed to consecutive frosts then there is a possibility it will be damaged.
Buck asked will the Receiver have to come up with the financial assurance prior to dumping waste on site.
Jason advised that the Receiver must come up with $606,599.00 plus $50,000.00 for the construction and monitoring of the new wells.
Buck asked that if no one steps up to the plate and the property is not sold will the Ministry take it over. The response was that the Court will make that decision.
5. Six Nations Update
Chris advised that there should be no new waste added to the site until the
existing contamination is cleaned up. Chris advised that he has been delegated
by the Elected Council to sit on this Committee. He advised that a committee of
technicians has been convened and they are eager to have a meeting with the
Receiver.
6. Haldimand County Update
Buck advised that he was anxious to speak with the Receiver and see what can be
done with respect to concerns that have been raised about the condition of
Brooks Road. He stated that his immediate concern is the potential plume and
contaminated ground water issue. The Receiver complicates the issue because now
it is unknown as to when the new monitoring wells will be in place. Buck was
asked about the Tree Planting Program being initiated by the County. Buck
advised that this program is currently in receivership.
7. Public/News Media
Comments
a) Greg Parrell asked where is the dump and what is going on at the site? How big is the dump? What environmental tests have taken place? What money has been set aside to take care of this project?
Jason Ryan advised that over $7 million has been set aside to look after carrying out this project. The first payment is over $606,000.00.
Buck pointed out that no money is set aside unless the site opens. It was pointed out however that a new company puts waste in the site until the finances are in place. It was Buck's contention that when the trees were cut down on the landfill site the money relating to financial assurance should have been put up front from day one. Buck stated that the Ministry made a big mistake here.
Greg advised that if money was set aside then would compensation not be available.
Dave advised that at the current time there is no money to operate.
b) Willem Hanrath advised that 12 years ago his property had been set up as a conservation area with wetlands and a Carolinian Forest. One week ago the Conservation Authority had walked on his property and then the MOE had come in. He wanted to know if this was a good thing or just a cover up. He wanted to know what was going on.
Jason Ryan advised that he did not know but that he would check it out.
c) Richard Klement pointed out that the monitoring wells on the landfill site were under the care and control of the owner. What control do we have over this? He also asked about the monitoring wells off site.
Wilf advised that the monitoring practices at this site were consistent with the rest of the province. The owner/operator's consultants do the monitoring and the MOE scrutinizes the work.
Richard pointed out that the MOE had their own test wells. Why was there so much of a rigmarole. Let's have some direct results. It was pointed out that the results were in question.
Jason advised that the MOE has been active in ground water and aquifer testing. MOE did their own testing – 19 sets. Jason pointed out that the highest levels of contaminants were coming back from the company.
d) Wendy Tanner asked what were the results from the Ministry?
Jason advised that all the results had been forwarded to HALT and the PLC. Wilf indicated that it was ironic that the highest numbers were coming from the company and the lowest number from the MOE.
Wilf advised that this was a curious state of affairs. He pointed out that when new wells go in it sorts itself over time.
e) Brian Nyberg indicated that he had seen big holes on the site on TV. With these big holes were contaminates leaching into the property. He suggested that the berms should be used to fill the holes.
Wilf advised that he had been on site 2 hours ago. At that time there was no water in the cell. It was pointed out that nothing was leaving the site before it was tested.
Jason advised that storm water was being directed to the lowest part of the property which was the northwest corner. MOE was allowing this water to go to the roadside ditch. It was tested before it was discharged. It was pointed out that the ditches were not being maintained.
f) Jim Partington indicated that he had brought a sample the first day. He was told that we do not have to monitor it this is just surface water.
Buck advised that the proponent at one time had 3 pumps discharging water off the landfill site. It flooded the ditches. Much of the discharge went on the Armstrong property to the south. When the proponent finally went to one pump then the ditches could handle it.
g) Brian Clark asked if the ditches should not be maintained.
h) Diane Manto asked about original monitoring wells and the new ones.
Wilf indicated that wells on the site were in the way as the site was being turned into an active landfill. Wells had been located in the location of driveways and berms and needed to be relocated. Some of the original wells were showing non-detects. The new wells were showing traces of contaminants. He also pointed out that 3 wells on the south side had been shifted and the north side as well. Diane asked how are we to be protected. Wilf advised that sampling wells will be utilized to monitor the depth of existing wells.
She asked if leachate would come into her well.
Wilf advised that he was concerned about wells off site. The Ministry has directed that new monitoring wells be constructed. At this point Wilf advised that the results are inconclusive.
i) Roseanne Belliveau advised that trees were an issue were there any others?
Buck advised that there were issues with the road and the trees.
It was Roseanne's contention that the road (Brook's Road north of the rail line) was not safe.
Buck advised that the road would be repaired to a safe standard.
j) Brian Clark asked if culverts could be removed at the west side of Brooks Road.
Buck advised that there were other drainage issues.
k) Wendy Tanner indicated that she could not ride her 21 speed bike along Brooks Road. She said the road was in pretty rough shape. She told those present that if you met another car on the road someone would have to back up (Brook's Road north of the rail line).
Buck advised that the road has to be repaired. He will talk to staff and get back to the Committee. He advised that the County will have to make the road safe.
l) Roy Schofield indicated that there was water on the property but not in the hole (excavated cell). Since the clay is impermeable where was the water going.
Wilf indicated that there are wet patches and gravel has been laid over the liner. The gravel is about one metre thick but we haven't had one metre of water. Wilf indicated that the water will accumulate over time.
m) Richard Klement told those present that the proponent is getting rid of toxic waste and in turn they bring in more garbage. Why not clean the site up before more garbage comes in? If you allow new garbage in what is the incentive to clean up the toxic waste?
Jason advised that it is a condition of the C. of A. to clean up toxic waste. In reality there are two projects taking place on this site: the construction of an engineered state of the art landfill site; and, clean up of the old site. This can take place simultaneously. Jason advised that if he is not satisfied with the progress being made he has tools at his disposal to deal with this.
n) Susan Cummings asked what is a reasonable amount of time to complete the site.
Wilf felt the excavation and transfer of material might be 8 to 12 months – up to a year. The removal of toxic waste was not known at this point.
o) Morris Hoover spoke about nuclear waste and asked what is the standard for closing a well?
Jason went through the procedure of closing a well. Concern was expressed about hazardous waste and contaminated leachate moving into abutting property wells.
It was Morris' contention that the Ministry was at fault for this.
Buck and Dave indicated that Jason had been very conscientious about looking after the interests of this community and the fact that the site was in order was due to Jason's efforts.
p) Richard Klement felt that one of the ways of delineating the non- contaminated from the hazardous material was to place the material into two separate piles.
q) Jody Orr said she had concerns about remediation and the plume.
Wilf advised that as part of the remediation material will be dug up and without exception if it tests non-detect that material will go into the engineered cell. It the material is contaminated it will be treated off site. The contaminated material will continue to be dug up until it is gone. If contaminated material escapes off the property then it will be mapped out. Wilf indicated that there are two separate steps here:
As a follow up Jody asked if the current owner was responsible for the second step.
Jason advised that if you are responsible for making the mess you are responsible for cleaning it up.
Jody asked why MOE is allowing anything to go ahead until the plume is determined.
Jason advised that it must first be determined if there is a plume and secondly where the plume is going.
r) Diane Cummings asked why not have the County pay the $600,000.00 financial assurance fee, buy the property and close it.
Buck advised that this would create a substantial debt for local business people.
s) Norm Stars asked what time frame was there to come up with the $600,000.00.
Buck advised that the owner has until October 1st, 2007 to come up with the financial assurance or such later date as is agreed to by the Ministry and the proponent.
Buck asked Jane Glassco not to extend that date or we are in trouble.
Dave asked who looks after the sale of the property.
Jane indicated that Mr. Rosen is looking for someone to run the site.
Dave said it could take a lot of time to sell the property.
Buck said a qualified operator needs to be found and will pay the $600,000.00.
Jason felt that any "what if" questions should be directed to the receiver.
Buck indicated that someone will have to come up with the money.
The Receiver will have to answer.
The question was asked how far along will this go before the C. of A. is withdrawn.
Jane advised that if there is no compliance then the Courts will decide. Jane advised that C. of A.s are generally suspended not revoked.
Buck told those present that if the Ministry were to pull the C. of A. the proponent can appeal and then the Courts will decide.
t) Susan Cummings felt that if the company was in receivership it was an ideal opportunity to close the Edwards Landfill Site.
Jason advised that if the property were to come into the hands of the County they would incur tremendous liability.
u) Darlene Clark asked if there were any contaminants from the surface water run off.
Wilf advised that the MOE is being very diligent in keeping an eye on this.
Jason advised that the northwest corner of the landfill site by the rail line is a swampy area. Water flowing from the site on to the Clark's property is not an issue. Jason advised that the road ditches in the area of the Clark's property are not being maintained.
Darlene advised that when water was being pumped from the landfill site their property was being flooded. She pointed out that the area is a wetlands.
Wilf advised that the water would come to the Clark's property in any event. Wilf advised that the water coming off the northwest corner of the landfill site has no contaminates and if the Clarks are concerned they should have their water tested.
Adjournment: 8:58 p.m.
HALT ©2007