Annapolis Waterkeepers
Aug. 10th,
2019
Re:
Arlington Dump, Colchester County By-Laws
Councilor
Wayne Fowler
832
Brinton Rd.
RR#1 Paradise
RR#1 Paradise
Port
Lorne
Nova
Scotia
B0S 1R0
Canada
(902)
584-3702
Warden
Timothy Habinski
Centrelea
Nova
Scotia
B0S 1C0
Canada
(902)
955-0258
Dear Councilors,
As you may know,
Colchester County Council has sided with its citizens and unanimously passed
two by-laws which claim for council the right to require all those who wish to
dispose of hazardous waste in Colchester County to obtain a license from
council.
These two by-laws were created specifically to stop a
proposed asbestos waste dump development in Stewiacke. Residents and council now believe that the
dump proposal will not go ahead and that there will never be an asbestos dump
in Colchester without county approval.
The Department of Environment gave the project swift
approval immediately after the council resolutions were passed. Approval was given despite many obvious
errors in the EA registration; for example, the proposal address and location
were repeatedly misstated. It seems
obvious that the registration was never carefully examined and tested by
NSE. NSE approvals for some projects (especially
for asbestos disposal projects, as has also been demonstrated at Arlington) seem
to have become so routine that the process is little more than a rubber stamp
with a few conditions attached. The
attached conditions seem mostly for spin and show, since, as the Auditor
General pointed out, they are rarely reviewed or enforced. Sometimes, as is the case at Arlington, the
conditions of approval are ignored by provincial inspectors completely.
It is worth noting that one of the conditions attached to
the Stewiacke dump approval was that the proponent must obtain all necessary
permits. This condition seems to
validate the Colchester County by-laws, and is in line with the Premier’s and
the new Minister of Environment’s repeated assurances that “the people shall
decide”. Unfortunately, that assurance
has never applied in the case of Arlington.
It is quite clear from the way these registrations are
vetted (or not vetted) that NSE and the Provincial Government have abdicated
their responsibility to make certain that hazardous materials and toxic waste
are disposed of safely. At Arlington, for
example, even after repeated citizen complaint, open and exposed asbestos bags
still leach waste into the St. Croix Wetland with every rainfall. NSE makes no move to correct this health
hazard; and consistently understates the dangers of asbestos exposure. The need for disposal facilities is so
pressing that all dump proposals are welcomed and swiftly approved by the
province. Risk to human health by
asbestos exposure has become an acceptable “cost of doing business”. During the last four years, no asbestos
disposal registration has ever been refused, and all approvals have been given
within 55 days.
Because the provincial government has failed to insure safe
and permanent disposal of toxic materials in Stewiacke, Colchester Council has
stepped in to protect the health of its citizens. County permit requirements will block
establishment of the proposed dump, which Council properly deems completely
unsafe. If no dump is established in
Stewiacke, the huge volume of asbestos generated by demolition of the VG Hospital
there will have to be shipped to Arlington, thereby exacerbating proven unsafe
disposal conditions and increasing health risks of asbestos exposure for
Annapolis citizens.
Therefore we ask Council to join Colchester and take
control of hazardous waste disposal in Annapolis by requiring County disposal
permits. We ask you to stand up for the
health and safety of Annapolis residents even as the Provincial government
fails to do so.
In the past, we have heard the excuse for inaction that
attempting to regulate disposal in Annapolis County after the fact would amount
to an act of “bad faith”. With all due
respect, the only “bad faith” in this discussion resides with the Province. NSE did not consult with either the public or
with County Council before approving asbestos disposal at Arlington. Furthermore, our own MLA will not even
respond to questions about the dump. The
public and Council have every right to speak, to approve or reject development;
what seems to be lacking is County will to raise its voice and make that claim
for its citizens.
We have also heard the argument that hazardous waste
disposal is a matter beyond County jurisdiction. Colchester County clearly does not believe
that is true. If Annapolis County is too
timid to speak up and assert the right of regulation then it voluntarily
surrenders any claim it might have to control its own destiny.
If the Colchester (and hopefully Annapolis also) by-laws
hold they will strengthen local control in an era of ever more centralized
power; if they fail, at least they will provoke discussion and force the
Provincial Government to publicly address the issue of truly safe hazardous
waste disposal.
Attached please find links to the Colchester by-laws along
with related correspondence; (the highlights are mine) including a letter from
the Minister of Environment that clearly requires the proponent to comply with
Municipal by-laws, and a letter from Hazel Caldwell (a leader of the citizen’s
group that worked with Colchester council to enact the by-laws) which describes
the Minister of Environments assurance that Municipal Councils will decide what
happens on their lands.
Apparently Minister Wilson is willing to accept local Municipal
regulation in regards to establishment and operation of Hazardous waste
disposal facilities.
Annapolis Waterkeepers would like to work with both Council
and the Province to draft and establish appropriate by-laws. It is our belief that the Arlington dump will
have to close. Material already leaching
into the wetland and watershed will have to be removed. This problem was created by a lax Provincial
permitting system, unwillingness to admit the true dangers of asbestos exposure,
and a failure to update archaic asbestos regulations; it is therefore the
responsibility of the Province and the Province alone to bear the costs of
remediation. To this end, we will make
representatives available to meet with council as may be convenient.
Yours Truly,
Kip McCurdy
Gus Reed
For the Annapolis Waterkeepers
These are the links to the Colchester County by-laws:
Here is some related correspondence, first from the
Minister:
2019
Kip McCurdy mccurdyandreed@gmail.com
Dear Kip McCurdy:
Thank you for your email of
July 13, 2019 regarding the Asbestos Waste disposal cell proposed by Colchester
Containers Limited. In your letter, you express concerns related to health and
the environment regarding asbestos disposal.
Protecting the environment
and human health is my first priority. This project registered for an
Environmental Assessment (EA) on May 16, 2019. The EA process is a planning
tool used to promote sustainable development by evaluating the potential
environmental effects of major developments before they proceed. Through the EA
process careful review is conducted of all the information provided, including
public comments, input from the Mi’kmaq, science, and expert government review
to determine potential environmental impacts related to the proposed project.
On July 5, 2019 I determined that the project could proceed subject to terms
and conditions designed to protect the environment and human health. August
9,
The proponent must comply with the terms and conditions of the EA approval, the Asbestos Waste
Management Regulations and all federal, provincial and municipal legislation. In addition, they
must apply for an operating approval from NSE that includes information
requested in the EA approval. Please be assured that these tools ensure this
facility has the appropriate regulatory oversight. I appreciate your interest
in this project and thank you for bringing your views forward.
For more information please contact (902) 424-2574 or EA@novascotia.ca
Sincerely
Gordon Wilson, MLA Minister of Environment
PO Box 442, Halifax, Nova Scotia, Canada B3J 2P8 ● www.novascotia.ca/nse
----------
Forwarded message ---------
From: <gcaldwell@nncweb.ca>
Date: Thu, Jul 11, 2019 at 10:53 PM
Subject: By-laws
To: <wcreedh@gmail.com>
From: <gcaldwell@nncweb.ca>
Date: Thu, Jul 11, 2019 at 10:53 PM
Subject: By-laws
To: <wcreedh@gmail.com>
Hi Gus,
I hope the links below are what you are looking for.
Our Mayor and councilors were unanimous in their decision to put
these by-laws in place, we
were also told by the Ministers office that it is up to the Municipalities to
decide what happens on their Counties lands, we will know when the
proponent tries to get the permits from the county.
We are continuing with our push back against the Dept of
Environment as we want to keep the pressure on!
Burying asbestos is a terrible practice, even worse is letting
private companies bury it.
We must keep in touch about our fights!
Best Regards
Hazel
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