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Valley Voices Letter to Alnwick/Haldimand Township Council:
Sent: Tuesday, May 10, 2005 11:57 AM
Subject: Letter to the Mayor and Members of Alnwick/ Haldimand CouncilDear Mayor and Members of Alnwick/ Haldimand Municipal Council:
We understand that a crucial vote is facing you, regarding Shelter Valley Aggregates (SVA). The following considerations need to be incorporated:
1) The Superior Court of Ontario ruled, in the Artemesia case (Grey County, Ont.), that water-taking is now considered a Land Use and falls under municipal jurisdiction. Water-taking under the Environmental Bill of Rights includes gravel pit de-watering.
2) The Ontario Queen's Printer published a document classifying the Turk Road landfill as a "Class "A" Hazardous" waste site.
3) There is documented evidence of disposed hazardous waste in the old landfill, in addition to the fact that the waste site was for many decades unlocked. There was a later court case which resulted in the conviction of the previous owner of SVA lands, for illegal dumping of hazardous wastes, received from hospitals and industrial sources. These facts, together with an understanding of groundwater flow patterns, led Hydrogeologist Wilf Ruland to issue strong warnings in reports prepared for the Concerned Citizens of Northumberland, regarding the potential for contaminated water to spread, should major disturbances such as water pumping begin. Water pumping occurs during aggregate pit de-watering. Removal of aggregate material, which holds groundwater, also causes a shift in groundwater pressure gradients, and changes groundwater flow. It is reasonable to expect that a major pit operation in the immediate vicinity of a hazardous waste site brings serious risk of movement of contaminated groundwater across neighbouring properties.
4) The Ontario Ministry of the Environment is currently implementing Bill 133 which would place liability for water contamination on the corporation responsible.
The legislation is being opposed by the Aggregate Industry, among others. The Ministry is also finalizing the Water Source Protection Act, due out this spring, which is placing further responsibility for water use planning on municipalities.A likely result is that liability for groundwater contamination will be fought out between industry and municipalities. Who would be liable for groundwater contamination in this case ? The Corporation of the Township of Alnwick/ Haldimand could be liable, through its old Township Landfill and allowance of neighbouring severances. It could also be liable through it's SVA rezoning vote which would allow a high-risk use, without a full Environmental Assessment. Remember that municipalities have already been given legal responsibility for land use planning as it pertains to water use, in the Grey County Superior Court decision.
5) Legally, and ethically, the Township of Alnwick/Haldimand holds a responsibility to engage in wise land and water use planning. Practically, it is in Council's best interests to prevent what could be a financial disaster. Allowing a major aggregate extraction in the immediate vicinity of a Class 'A' Hazardous waste site, cannot be considered wise land and water use planning. Putting Council at risk of a major face-off with industry in the event of contamination, cannot be considered good fiscal responsibility.
We urge Council to take the earliest opportunity to vote down SVA's inappropriate rezoning.
Sincerely,
Leigh Thomson
BSc. BEd. MDiv.RR#2 Castleton,
Ont. K0K 1M0
(ratepayer in both Cramahe and Alwick/ Haldimand Townships)
