EDWARDS LANDFILL, Cayuga -

Another Site 41?

UPDATE ACTION ALERT
October 7, 2009

Hey folks,

Just to let you know that one dumptruck has made it past the lines at
Edwards, and more are expected to be on their way. There are about 15
non-native supporters at the site, but more folks are needed. For
details about how to get there you can send a text to Niki at 905 921
2893 or Katie at 416 653 2580. From what I just heard from Katie, the
police are threatening arrests if anyone blocks the trucks.

At the same time as all of this is happening, there are Six Nations folks at
the Erie Ave site trying to stop construction there as well...

mailing list six_nations_info@masses.tao.ca

Landfill in southern Ontario starts legal battle

October 6, 2009
by Geordie Gwalgen Dent

The Dominion -


2008 blockade at Edwards site. Photo: Jim Windle

TORONTO—After years of blockades and campaigning, another battle to protect wetlands and water in southern Ontario is going to court.

Cayuga is a small community on Six Nations territory south of Hamilton. For five years, protesters, First Nations and Cayuga residents have been trying to stop the development of a landfill by SF Partnership Chartered Accountants and Haldimand Norfolk Sanitary Landfill Inc. On October 2, preliminary hearings to stop the site's development occurred.

“There have been blockades to stop trucks coming in twice,” most recently in late 2008, says Jody Orr, co-chair of Haldimand Against Landfill Transfer (HALT). “What happened in 2007 was an attempt to bring garbage in and some members of the Haudenosaunee and our group stopped it. Since then, there has been little activity on the site. We keep a watch on it.”

Blockades and legal battles around dump sites and development have been numerous this summer in Southern Ontario. Site 41 in Simcoe County was slated to have a dump site built on top of it for garbage from the surrounding area. Unfortunately for residents in the area, it would also be on an aquifer containing the “purest water in the world.” Protesters and members of the Council Of Canadians filed an injunction claiming the site was operating illegally in July of 2009 and on September 22 Simcoe County councilors voted to stop construction and development of the site.

Just a few weeks earlier, development at the Hanlon Creek Business Park (HCBP) in Guelph was halted for 30 days by a court injunction. The site had been occupied beginning in July by Guelph and Six Nations protesters. Recently, the City of Guelph voted to halt construction until July 2010.

Both situations mirror developments at the Edwards landfill site in Cayuga.

The Edwards site is within the Haldimand Tract, land granted to Six Nations in 1784. The site was opened in 1959 as an industrial and commercial landfill and has maintained sporadic activity as a dump site since.

Serious contamination of the site occurred between the late 1960s and late 1980s when the St. Lawrence Resin Products Plant was dumping industrial waste there. Thousands of tons of toxic chemicals have been found in the site including toluene, ethylstyrene, xylene, ehtylbenzene, ethyltoluene, methylstyrene, cymene and divinyl benzene.

When the site was opened again as a landfill in 2004, HALT was formed by Cayuga residents hoping to stop continued contamination from the use of the site. “We had tried different steps and had gone through a legal process, and despite that the trucks were still coming in,” says Ann Vallentin, another co-chair of HALT.

In 2007 blockades against trucks associated with Haldimand Norfolk Sanitary Landfill Inc, the company owning the site, began.

“We didn't see another route to go at that point, says Vallentin. “We were not exited but it was a last-resort effort at that point. The blockade was done by Six Nations members and activists at the road at the time.” Eventually an injunction was put against anyone trying to stop the trucks.

The blockades were successful, at least temporarily. The company, having spent a considerable amount of money on site preparation, was unable to deliver garbage. Shortly before, it had gone into bankruptcy and was put into receivership. Receiver Brahm Rosen, of SF Partnership Chartered Accountants in Toronto, has been trying to “operate the landfill and sell it as is our mandate...as receiver.”

“But we can't do it," said Rosen, speaking in the Hamilton Spectator. Rosen was unable to contact this author by deadline.

Similar to Site 41 and HCBP, a collaboration between First Nations and white activists has been key to the success of stopping the Edwards site from further use.

According to Orr, “In HALT, there are people that do not agree with what is happening with a number of issues (such as land claims). Some will be supportive, but not others. On this issue, everyone sees a reason to come together. I don't want to leave my grandkids this kind of legacy. I think that the involvement of the Haudenosaunee was critical in stopping garbage. If it had not been for their decision, I'm not sure what the outcome would have been.”

In 2007, Six Nations spokesperson Ruby Montour said the Haudenosaunee Development Institute had not been informed about revival of the dumpsite and told the Hamilton Spectator: "This is Haudenosaunee land and it's not for garbage. Why should the people who live around there have to fear that?"

The Hoskanigetah of the Grand River, a group within the Haudenosaunee, have made repeated announcements that they will not allow the “reactivation of the Edwards Landfill” promising to “undertake the supervision of our own Environmental Review of contamination.”

Wilf Ruland, a professional geoscientist, says serious contamination at the site exists. Conducting a “Review of 2006 Monitoring Report for Edwards Landfill,” Ruland found that “the existing hazardous wastes on the Edwards Landfill property pose an ongoing threat to both groundwater and surface water quality for as long as they remain on the property.“

The Hoskanigetah have outlined concerns regarding premature births, miscarriages and deformities, pointing out that “the integrity of the same liner used at Edwards Landfill has been breached at other sites including [in] the US, where it has been used.”

In an email, Jennifer Hall, Regional Communications Advisor for the Ministry of the Environment, stated that “the newly constructed landfill cell meets the stringent requirements of Ontario’s landfill design standards.”

HALT disagrees and is now taking the receiver to court, seeking an injunction to stop the development of the site.

“When the receiver got an injunction against the protesters, the CoA [certificate of approval] from the Ministry of Environment had a number of provisions that had been violated,” says Orr. HALT then filed a counter-injunction which stopped work on the site and mandated that protesters would be notified of subsequent work.

“In 2008, a number of conditions still had not been met. The Ministry of Environment was allowing things to go ahead without proper approval. There’s a lack of detail on the decontaminating plan for a very toxic site.”

Like the Hoskanigetah, Orr and HALT have concerns about the integrity of the liner and charge that there is no monitoring of the quality of water and no annual report on environmental plans, as mandated by the certificate of approval. “We’re seeking in court, for prosecution, that this site is operating illegally,” says Orr.

According to Hall, “There were some minor items of non-compliance regarding preparation of the site to receive waste that have since been resolved. The ministry is satisfied that the receiver is in compliance with their CoA and the court order.

“The CoA requires the site owner to monitor ground and surface water on the site for impacts caused by the landfill site. The ministry is confident that the terms and conditions of the CoA will protect groundwater and surface water.“

Though the legal process to stop the site is in its early stages, neither Orr nor Vallentin are optimistic that the site will be permanently closed any time soon.

“Will [the legal work] be effective? I don't know,” says Vallentin. “We were told by people when we started that it was going to happen so there was no reason to try to stop it. But we felt that if it was bad then we have a duty to try to do what we can do. Typically in situations like this companies will keep trying until they wear out people on the ground. Site 41 took 25 years, I hope it wont be the same thing here.”
_____
Geordie Gwalgen Dent is a contributing member of the Toronto Media Co-op.

A version of this article was originally published by the Toronto Media Co-op.
----------------------------

Tue, Oct 6, 2009 at 3:40 PM
...........

From: Niki Thorne

Hi friends and allies,

We've gotten word that garbage will be brought to the Edwards Landfill
site in Cayuga on Wednesday. Letters from the Hoskanigetah, the
Confederacy Council and Band Council will be presented to the OPP
today in an attempt to diffuse the situation, however, there is every
likelihood that the Hoskanigetah will have to take direct action to
prevent the reopening of Edwards on Wednesday (tomorrow).

There is evidence of toxic waste having been illegally dumped at
Edwards (as well as other sites around the region) from the now
defunct Saint Lawrence resin plant. Additionally, Edwards is located
in an environmentally sensitive wetlands area. Not only is it
damaging to the land, there have been some very alarming indications
for human health.

Allies are invited to participate in this action, under the leadership
of the Hoskanigetah. It is of utmost importance to respect the
Hoskanigetah's leadership in this action to reduce the likelihood of
arrests or police violence, and in terms of media strategy for public
opinion.

Contact Wes Elliot by text for specifics on the action (519 757 5427).
Allies are especially encouraged to organize among themselves to come
down with cars and video equipment.
In Solidarity,
--------------
~~Niki, for CUPE 3903's First Nations Solidarity Working Group
For more information about Edwards:
http://6nsolidarity.wordpress.com/2009/09/27/concerns-over-possible-reopening-of-toxic-edwards-landfill/
http://6nsolidarity.wordpress.com/2009/07/21/a-message-from-the-hoskanigetah-mens-fire-of-six-nations/
_______________________________________________
six_nations_info mailing list
six_nations_info@masses.tao.ca

Dump opponents insist battle not over yet Author: Nicole Million Date: Sep 29, 2009 Steve Ogden fought for more than 20 years against the County of Simcoe’s proposed landfill at Site 41 in Tiny Township. Though council has voted to abandon the plan, Ogden said he won’t be celebrating until the certificate of approval allowing a dump on the site is revoked by the province. Opponents of landfill Site 41 may have breathed a small sigh of relief, but they’re refusing to let their guard down just yet. Longtime dump critic Steve Ogden said news of the 25-3 vote on Sept. 22 to abandon plans for the controversial dump is definitely good news, but he won’t celebrate until Simcoe County council votes to revoke the certificate of approval (C of A) issued by the province. “I don’t believe it’s over and done with,” Ogden said, adding he’s concerned county council may come back in a different configuration after the fall 2010 municipal election and vote to revive the landfill. “The C of A is still alive and well for that site, which means there could still be a dump in the future. Until such time that it’s revoked, I think we should be quite afraid.” Ogden said he was confident leading up to the meeting that council would dump the dump for good, but he wasn’t surprised when they opted not to revoke the C of A. “There’s more going on here than meets the eye,” he said. Among Ogden’s concerns is the possibility the county will sell the property to a private company that will go ahead and build a landfill. “If we put our guard down, we’re going to see something happen. I think we should be very cautious.” Anne Ritchie-Nahuis echoed Ogden’s disappointment that council chose not to seek removal of the C of A. “It’s with very cautious optimism that we move forward,” she said. “We know we need to remove the C of A, and we feel (that) is the only adequate means of stopping Site 41.” Vicki Monague, a Christian Island resident and a leader of the Anishinabe Kweag protest, was less circumspect, telling The Mirror she was ecstatic with the vote. “It was something that our group had been working towards ever since we started the protest camp. A lot of us feel that our objectives … have been met now,” she said. “We’re really happy and thankful county council passed that resolution.” Both Ogden and Ritchie-Nahuis credited the overwhelming public pressure – including the First Nations camp near the site, daily protests and the support of big names like former U.S. presidential candidate Ralph Nader, environmentalist David Suzuki and Council of Canadian chairperson Maude Barlow – as the driving force behind putting a stop to the more than 20-year fight to stop the landfill. “The fact that people mobilized and stood up, I think there was quite a great fear amongst the elected officials that they must do something or they would never be re-elected or be seen as credible,” said Ogden. The concerns have always been there, added Ritchie-Nahuis, but the strong, science-based opposition to the site was bolstered this time by widespread public support. “There’s always been strong opposition, (but) the protesters brought it to a new level and First Nations people have made a great commitment to protecting Mother Earth,” she said. “People all over the world do not appreciate wasteful use of water resources. We have a strong commitment to move forward and ensure our community’s water supply is protected.” Penetanguishene Mayor Anita Dubeau, who initially voted to support the controversial landfill before changing her mind, said she is confident the landfill plan will not be revived. “I believe Site 41 is dead, which I believe is a good thing,” she said. “Now it’s very prudent of the 32 members that sit on county council to consider options and where we go from here. North Simcoe’s garbage has been filling up other people’s landfills, and we appreciate the fact we’re allowed to do that, but we do have to look at solutions.” Dubeau said she hopes those who were against the development of Site 41 will come forward with new ideas, but noted she believes withdrawing the C of A at this time is premature. “Do I think that county council is ever going to sell that property and let a private developer put in a landfill? I would say that would be an absolute silly move on our part after what’s gone on,” she said. “Maybe there’s something else we can do with that property that’s not landfill, but may be related to waste management.” Ray Millar, former chair of the community monitoring committee tasked with advising the landfill plan and representing citizens’ interests to the county, told The Mirror it was inevitable the landfill would never come to fruition. He said he was “very pleased” with the decision overall, but surprised with the numbers. “I expected there to be more (votes against) the plan to discontinue it permanently,” he said. “The big challenge lies just ahead of us now, and that’s moving Simcoe County to a zero-waste approach. Rather than constantly looking for ways to manage our waste, it’s time we moved our efforts to reducing waste and eliminating it from our lexicon.” Site 41 Chronology 1979: North Simcoe municipalities begin the search for a new landfill site. 1986: A 20.7-hectare (50-acre) parcel in Tiny Township is selected as the preferred site, based on 20 technical criteria. It is Site 41. 1989: Ministry of the Environment concurs with the local environmental assessment process that recommends Site 41. 1990: Provincial cabinet intervenes on site selection process. 1990: Issue referred to a joint board – a combination of the Ontario Municipal Board and the Environmental Review Tribunal. Board notes guidelines have changed and recommends further review. 1990-93: Additional sites are reviewed, but Site 41 remains the preferred choice. May 1993: Joint Board hearing resumes, and lasts until November 1994. 1995: The Joint Board grants approval for the landfill site. 1995: The North Simcoe Waste Management Association disbands; Simcoe County takes over the development process. 1998: Ministry of the Environment issues a provisional certificate of approval; county begins to buy land. 1998-2003: Technical studies conducted as stipulated by the provisional C of A. 2003: Tiny Township and the community monitoring committee hire independent engineering and environmental consultants to review the county’s work. Oct. 20, 2006: Ministry of the Environment issues final approval for Site 41 landfill. June 26, 2007: County council approves initial site development. Dec. 8, 2008: Ministry of the Environment issues permit to take water, allowing construction to start. 2009: Cell construction begins. Aug. 25, 2009: County council votes in favour of a one-year moratorium. Sept. 22, 2009: Council votes 25-3 to abandon its plans for the dump.

Elmvale: Dump Threatens Pristine Water Proposed Dump Threatens Pristine Water, Say Township Residents

Thirty-year fight to stop landfill continues

By Joan Delaney Epoch Times Staff Nov 26, 2008

Dozens of protesters approach the Ontario legislature where they rallied to stop a garbage dump from being built in Tiny Township, Ontario. (Jim Simpson)

The farming community of Tiny Township in Ontario is home to something entirely unique — a series of bubbling artesian wells that contain some of the cleanest and most abundant fresh water on the planet.

The water in the Alliston aquifer is so pure that it equates to Arctic ice core samples taken from snows deposited 10,000 years ago, before the advent of modern industry and its resulting pollution.

But a proposed landfill, Dump Site 41, is slated to be built smack on top of the Alliston aquifer, and if it goes ahead the residents of Tiny Township are worried that this precious resource will be destroyed forever.

A rally outside the Ontario legislature last Friday was part of the ongoing fight to stop Site 41 — a fight that started 30 years ago. The fight continues despite the approval of the landfill by the Ontario government and despite a 16-15 vote in favour of it by the County of Simcoe.

“We don't need the dump, it's not necessary, and it's the worst place you could ever build a dump in the County of Simcoe,” says Stephen Ogden, a member of the Site 41 Community Monitoring Committee.

As part of the Queen's Park rally, Ogden and Mohawk elder and environmentalist Danny Beaton undertook a five-day 120-kilometre “walk for water” from Tiny Township to Toronto. They want the provincial government to stop the landfill and hope to convince county councillors to overturn their “razor-thin” decision.

Dr. William Shotyk, a geochemistry professor at the University of Heidelberg in Germany, has called water from the Alliston aquifer “the best water on earth.” Shotyk, whose family owns property near Tiny Township, came to that conclusion after testing the water in a sophisticated laboratory he runs at the university to analyze contaminants in prehistoric ice.

There are many shallow aquifers connected to Alliston aquifer, and opponents of the dump fear that a synthetic liner intended to prevent leakage will not be entirely effective, resulting in the contamination of surrounding water. The upward motion of the water is also supposed to help prohibit leakage.

Initially, the proposal for a landfill in that spot was rejected after a 70-day environmental assessment hearing back in 1989. However, the government intervened and through an Order in Council overturned that decision.

A sign in Tiny Township. (Jo Kressin)

Artesian water percolates to the surface under its own pressure, so when a hole is dug it fills up with water. This means that millions of litres of water will have to be pumped out and transferred to a nearby creek to prevent the landfill from becoming a lake.

A permit is needed to remove such a large amount of water, and right now this is the only thing stopping the site from going ahead. The permit is currently being reviewed by the Ontario Ministry of Environment (MOE), says spokesperson Kate Jordan.

“We want to assure the residents that we won't issue a permit until more experts are confident that the proposal is scientifically sound and that the site will be operated in an environmentally responsible way that will ensure the protection of the surrounding watershed.”

Jordan says that while MOE is aware of Shotyk's studies and of the opposition to Site 41, the landfill was approved because the ministry was satisfied that it would be built in a way that would not damage the environment.

“The approval that we gave set out conditions to ensure that the landfill would be constructed using state of the art engineering techniques so that the groundwater would be protected as well as the surface water to ensure that there is no impact on drinking water,” says Jordan.

While Simcoe County maintains current landfill capacity for the region is only seven to eight years, Progressive Conservative MPP Garfield Dunlop says there's about “35 years of capacity in other areas of the county” and therefore Site 41 is not necessary.

A former county councillor, Dunlop says he was in favour of the project until the Walkerton tragedy, when six people died from contaminated water — and until he actually went and visited the proposed site.

“I went there and the water was actually bubbling out of the ground. We were just told by the ministry staff that it was a good site for a dump and we never really objected to it. But since Walkerton when people died it's time to start paying a lot more attention.”

There's a precedent in place for pulling out of the project, says Dunlop, citing the Adams Mine in northern Ontario which was also earmarked for a landfill.

“Legislation was put through for that and all the approvals were in place and the government did a complete reversal and it was because water seeped into the bottom and created a lake of about a hectare in size.”

The Adams Mine Lake Act was subsequently passed which prevents any lake more than one hectare in size from being used as a landfill. Tiny Township residents believe this applies to Site 41, because once the hole for the dump is dug it will fill up to more than a hectare if it isn't continuously pumped out.

Ogden believes building yet another dump is the wrong way to go when Ontario Environment Minister John Garretson is promoting zero waste for the province, and with zero waste initiatives catching on in many countries.

“We just need to change the way we do things,” he says.

The ministry will “closely monitor” construction and operations at the site, Jordan says, adding that there's a condition in the agreement that the county has to fund an environmental inspector. But these reassurances are not enough, says Ogden.

“They're trying to convince us it will be safe, but I don't think so. You can imagine how we all feel. We have this beautiful farm land, and we're risking this incredibly pure water and we don't have to.”

Last Updated Nov 26, 2008 Site 41 is a proposed engineered Landfill Site which shall be located on several aquifers, in a flood plain, beside the headwaters of MacDonald Creek which runs into the Wye Marsh and into Georgian Bay. It is also class one and two farmland. This area has so much groundwater that artesian wells are common, no pump needed; just a pipe in the ground and the water readily flows out. The upper aquifer is as little as 27í from the surface of Site 41 before construction. The Alliston Aquifer (as well as shallower aquifers) is located under Site 41 and extends a great distance and supplies many communities with their drinking water.

Walk against Dump Site 41 I grew up on this water in Simcoe County, and it is the best in the world in my opinion and according to water tests: "The purest water ever tested". Steve Ogden is a childhood friend, and has fought the dump site for several years. Building a dump site on top of the world's best water aquifer is the dumbest idea going! Please join us to greet the walkers in Toronto at Queen's Park, on Friday Nov 21 at noon. granny First Nations artist Danny Beaton is walking in opposition to Site 41.He says when it comes to the dump site, Simcoe County should ... Posted By DOUGLAS GLYNN Posted 31 mins ago The Canadian Environmental Law Association has expressed its support for an environmentalist's walk to Queen's Park to draw attention to what he says is "the potential destruction of one of most pristine water supplies in Ontario." Danny Beaton is planning to walk from Tiny Township to Queen's Park to appeal to Premier Dalton McGuinty to stop Simcoe County's proposed Site 41 landfill. In a letter to Beaton, Christopher Waffle writes, in part, that the association "supports your efforts to safeguard the drinking upon which you, your family and your community rely." In another show of support for Beaton, Wayne and Carolynn Fishleigh of Penetanguishene gathered a group of drummers together last night to drum for an end to Site 41. They said they chose Remembrance Day because those who died fighting for Canadians' freedom were also protecting the right of their children and grandchildren to clean drinking water and a safe, healthy environment. Beaton, a Mohawk writer and filmmaker with roots in the Six Nations, plans to start his 160-kilometre, seven-day walk on Friday from the Tiny Township farm of Steve Ogden at 1249 Marshall Road. He says he will begin at 8 a. m. with a traditional Native Sunrise Ceremony, followed by drumming and singing "to honour our sacred Mother Earth and Mother Earth's sacred blood, the Water, and our Great Creator and all the life-giving forces." Ogden, a member of the Site 41 community monitoring committee, will join Beaton on the trek down County Road 27 to the Simcoe County offices in Midhurst, then through Barrie to Highway 11 and south to Toronto. Simcoe North MPP Garfield Dunlop, who has introduced a Private Members' bill in the Legislature aimed at stopping Site 41, has said he will walk part way with them. Beaton has invited David Suzuki, Green Party leader Elizabeth May, and Maude Barlow, chairperson of the Council of Canadians, and politicians to join him at Queen's Park. Beaton, who in 1992 received a Governor-General's medal for contributions to his fellow Canadians, has been active in the Native cultural and arts scene for many years. He has produced and directed four nationally-broadcast films that feature indigenous spiritual elders voicing their concerns for the need of society to return to spiritual values and the protection of "Mother Earth." Beaton said he plans to arrive at Queen's Park at Noon on Friday, Nov. 21, where he will conduct a "ceremony honouring Mother Earth" and appeal to the Premier to "put our minds to rest and defend the future of the water supply for children." His route along Highway 11 (with stopovers in brackets) will be : Friday (Midhurst); Saturday (Barrie); Sunday (Fennells Corners); Monday (Bradford) ; Tue sday (Aurora) ; Wednesday (Richmond Hill); Thursday (North York); Friday (end at Queen's Park). Beaton says he is concerned that the groundwater under the proposed landfill site will become contaminated by garbage, affecting "not only the water supply relied on by area farmers and residents, but also the waters of Georgian Bay." - - - Beaton's Route Danny Beaton's route down Highway 11 will take him to: Friday (Midhurst); Saturday (Barrie); Sunday (Fennells Corners); Monday (Bradford); Tuesday (Aurora); Wednesday (Richmond Hill); Thursday (North York); Friday (end at Queen's Park) Article ID# 1292381 http://www.midlandfreepress.com/ArticleDisplay.aspx?e=1292381

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