But a Democracy Problem???
A recent court decision that called a pair of Halifax councillors biased has again opened the door for a controversial construction waste facility to be approved in a residential area between Lake Echo and Porters Lake.
The company behind the proposed construction and demolition (C&D) processing facility, Kiann Management Ltd., asked for a judicial review last fall of a community council's decision to reject its site plan.
Earlier this month, Justice Darlene Jamieson of the Nova Scotia Supreme Court overturned that decision by the municipality's Harbour East Marine Drive community council, citing prejudice by two councillors.
Jamieson said councillors Trish Purdy and David Hendsbee — who were especially vocal about how C&D sites should not be in residential areas — appeared determined to reject the site plan regardless of whether it met municipal criteria.
Judge Jamieson wrapped up her decision thusly:
[132] Kiann’s application for judicial review is allowed with costs. I remit the matter to the full HRM Regional Council, excluding Councillors Purdy and Hendsbee.
I don't think I've ever read such an arrogant decision. Hendsbee and Purdy are elected officials, and to deny them their vote is to deny their constituents a voice in their future and undermines the foundation of our system of government.
As if that wasn't insult enough, Kiann management puts forward a dangerous and incorrect plan (NATURAL ENVIRONMENT PROTECTION REPORT FOR A C&D PROCESSING FACILITY AT BLOCK 2 NO. 7 HWY, PORTERS LAKE, NOVA SCOTIA (PID 40740276, inexplicably misfiled as DESIGN OF A FERMENTATION PROCESS FOR THE PRODUCTION OF ETHANOL AND ANIMAL FROM APPLE PROCESSING WASTE) (Really!)- structures
- parking
- access
- fences
- vegetation
- walkways
- lighting
- storage of waste
- easements
- grading
- signage
- appearance
- bond
- maintenance
- Groundwater testing for contaminants
- Rigorous wetland management
- Fire prevention and suppression
- Soil permeability for leachate
- Boron, Mercury and other hazardous chemicals
- Plastics and PFAS
- Public access to data
- The final destination of C&D
"As well, C&D materials within Halifax are prohibited from being transported outside of Halifax, and must be taken to a licensed C&D facility."
I know this is a untrue, because thousands of tonnes of C&D waste make their way to rural Annapolis each year.
It would take forty Oxford scholars forty years to untangle the twisted and circular logic, dependent clauses and conflicting policies of HRM's lengthy By Law 600 (I've shortened it, but it still makes no sense)
The windup:
Definitions
(r) “industrial/commercial/institutional waste” or “ICI waste” means material of similar composition as mixed waste collected within the Municipality other than by municipal collection.
16.3 No person shall export or remove solid waste material generated within the Municipality outside the boundaries of the Municipality.......
16.4 Notwithstanding subsection 16.3, the Municipality may export solid waste materials to licensed disposal facilities ........ only when the volumes of solid waste delivered to municipal facilities exceed the capacity of the facilities to handle the materials.
16.5 For the purpose of (a) Section 16.3, “solid waste” means solid waste......
And the pitch:
16.6 For greater certainty, and notwithstanding any provision in this By-law which directs otherwise, the property owner or occupant of premises which generate ICI waste may, either personally, or by employees, contractors or agents, export ICI waste outside the boundaries of the Municipality. (emphasis added)
No comments:
Post a Comment