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VV letter to Council re. Jan 18, 2005 meeting and providing examples of pit owner/operator non-compliance.
Mayor and Members of Council
Township of Alnwick/Haldimand
P.O. Box 70 Grafton,
Ontario
K0K 2G0
Dear Mayor Finley and Members of Council,
Re:January 18 Meeting, Shelter Valley Aggregates Ltd.
Valley Voices thanks you for the generous amount of time allowed for questions and comments from the floor at the January 18th meeting. The residents now better understand the situation.
Further to Mayor Finley's request please find the following examples of the non-compliance by gravel pit operators/owners of municipal requirements.
1 License #17-600, Puslinch Quality Aggregates: the operator filed inaccurate annual reports with the MNR for two years in a row. There was no progressive rehabilitation, extraction occurred at once in all areas (not permitted in license) and the plant was located in a non-approved location. The operator admitted it. After more than a year MNR responded. The consequence was "apply for a major site plan amendment".
2 Another Puslinch Quality Aggregates pit: the aggregate producer applied for a major site plan amendment for below water table extraction. The municipality's zoning permitted only above water table extractions. The municipality objected. The MNR granted the amendment.
3 Reid's Pit: Site plans approved by council and MNR. Site plan provided for conveyor belts to carry gravel to the crusher rather than trucks so that the serious noise impact would be reduced. The conveyor belts were never installed. After several years of complaints to the operator and MNR the operator agreed to install the conveyor belts. MNR granted the site plan amendment so that the conveyor belts were not required.
4 T.C.G. and University of Guelph pit: this was an Ontario Municipal Board decision after a lengthy hearing. The municipality had refused the rezoning. The Board approved the licenses on condition. None of the conditions have been complied with by the aggregate producers. Site plans kept being amended to meet the operator's specifications without consultation with the municipality or the public.
5 A pit in Puslinch had a license for below water table extraction. The operator wanted to expand to abutting lands for above water table extraction. Council requested a study on the impact of the below water table extractions as well as the above water table extractions. The operator and the MNR agreed to council's request and the issuance of a separate license for the above ground extraction. The MNR amalgamated the licenses for below water table extractions and did not request the study.
Some examples from the former Pilkington Twp. area are as follows:
1 At the licensed Bowman pit there was excessive noise. Complaints were made to the MNR and the MOE. A professional engineer was retained by the complainants and it was determined that the noise violated NPC-232 the noise guideline (MOE). Only after years of complaints and expenses was anything done about the noise. Neither ministry imposed any fines on the operator. The Vice-President of this operator is the chairman of the Board of the Aggregate Producers of Ontario (APO).
2 Again at the licensed Bowman pit the operator was digging below the water table notwithstanding the license did not permit this. An investigation of the allegations of digging was requested of the MNR. The Environmental Commissioner of Ontario prepared a report on the MNR investigation records and found that they had "misrepresented the findings of the investigator's report".
Further to the reports presented January 18th we understand the following:
1 Extraction is a very long term project. Rehabilitation may not have to occur as long as a report is filed annually with the MNR showing "some" extraction.
2 There are four categories of class A licenses, two of which are below the water table. The applicant could easily apply to amend the license after it is issued. He already provided some of the required hydro-geological reports required for a below the water table extraction. It would be prudent in light of the Aggregate Producers and MNR track record to require a full hydro-geological report at this time.
3 Section 66 of the Aggregate Resources Act causes the act and regulations to override a municipal by-law or agreement dealing with the same subject matter. In other words, the only control a municipality has is zoning and a refusal to rezone.
The only way the municipality can provide any type of protection and control over the operations of Shelter Valley Aggregates is not to zone to HOLDING, because it can be amended by council without public input (council should not rezone at all) and to inform SVA that A/H may consider rezoning only after the following conditions have been satisfied:
1 The environmental assessment on the exit route and the Turk Road haul route has been completed and approved by the MOE. There should be no short term use of the road without MOE approval or any other temporary route.
2 Written agreement with Shelter Valley Aggregates to construct the road and maintain the road to municipal specifications until there is full rehabilitation of the site of the pit.
3 A Certificate of Approval Air issued by the MOE.
4 Complete all required studies for below water table extractions including hydro-geological studies.
5 Final approval and agreement for the privately owned portions of the haul route. If there is a rezoning, which we oppose, the only area to be zoned extractive should be the area of actual extraction including the berms and not the set backs. The extraction should be phased.
Of particular concern to Valley Voices is the cost of the pit to the rate payers. We would appreciate council undertaking a careful analysis of the income generated by the proposal including an analysis of income derived from the assessment and the royalties against the cost to the municipality including road repairs and policing to ensure the use of the haul route. We would appreciate receiving a copy of such an analysis as soon as possible.
We hope you will give these matters serious consideration and look forward to your earliest response.