‘We need to stop playing by the rules,’ says Tiny councillor
‘My suggestion would be we clearly appeal every step,’ says council member, upset by the docility shown by fellow members around appealing the renewal of permit to take water for Tiny’s Teedon Pit
By: Mehreen Shahid Midland Today
Some Tiny council members want some serious action being taken against big corporations that threaten the township’s water supply.
“We need to stop playing by the rules,” said Coun. Gibb Wishart, addressing the question to appeal or not to appeal in the case of the renewal of the permit to take water (PTTW) for the Teedon Pit.
“The reason the dump (Site 41) got stopped is that an old couple got arrested; First Nations were there and set up camp, nobody played by the rules.
“I think if we play the game the ministry…,” he was saying, when Mayor George Cornell cut him off to remind him that even at that time the council played by the rules.
Even though Cornell was cautious about siding an appeal process in the matter, Coun. Tony Mintoff spoke his mind clearly.
“Anything I’ve heard is overwhelmingly against any kind of operation there,” he said. “I encourage council to put their concerns ahead of the province’s unwillingness to allow municipalities to decide what’s best for them within their boundary.
“As members of council, it’s our obligation to represent the interests of our residents,” added Mintoff. “My suggestion would be we clearly appeal every step.”
Another member of council, however, was a bit cautious about going the appeal route.
“Maybe,” said Deputy Mayor Steffen Walma.said, “the right course of action would be to break out some of our concerns around the EBR (Environmental Bill of Rights) process reform and how we work with the MOECP (Ministry of Environment, Conservation, and Parks) in future to make sure the municipality and adjacent landowners are notified of big decisions like this one.
“Maybe this goes back to our flaws in the first appeal or commenting process with regards to monitoring water quality.”
Walma also suggested that if the council does plan on appealing the renewal, it should hold further discussions in-camera.
“We have a community member that has made significant upgrades and worked with the township on our comments to date,” he added. “There was no need for them to install that many wells. They could have gotten away with a lot less. I think that’s something we want to maintain. It’s a good working relationship so in the future we can share our concerns with them. I think going the legal route potentially cuts those options down.”
The discussion came forth after council had heard the united plea — save our water — from various residents of Tiny and beyond that made deputations to elected officials at Tuesday’s special council meeting.
Council had convened a special session after it became aware of the Jan. 14 decision by the Ministry of Environment, Conservation, and Parks to renew a 10-year PTTW for CRH Canada Group Inc., which operates the aggregate quarry.
“The approval of the water taking permit may compromise the quality of this water,” said Tiny resident Bonnie Pauzé. “As elected officials, we, the taxpayers are putting it all on your shoulder to stop this potential disaster. Every single voter drinks water. Do we want to go down in history as heroes that protected and saved one of the world’s purest aquifers? Please don’t disappoint us. We need you to step up to the plate. Protect the water.”
Similar messages were presented by others as well.
“Our water needs are being undermined for the sake of a global business,” said Erik Schomann, another Tiny resident. “The cost business analysis as I have been able to tell is incomplete. There was no announcement regarding the permit, no civilian insight.”
Even residents of Guelph had joined in the fight.
“Matters of groundwater protection are of extreme concern to people across the province,” said Karen Rathwell. “The community is asking for a pause; time to study this phenomenon. Once the overburden is scraped away and the digging eats away through the layers of protection, the groundwater is exposed to pollution.”
According to the township’s legal counsel, Sarah Hahn, if the township decides to appeal, it has to clear a two-part test to seek leave to appeal.
“First, you look at whether granting of the permit or any conditions within are unreasonable,” she said, explaining that this means, “No reasonable person having regard for law and policies have issued the permit. It’s a pretty high test to have to reach. Secondly, could it result to significant harm to the environment.
“It’s not a will, it’s a could, so I think there’s some grounds there,” added Hahn. “The test for reasonableness is quite high. Having some evidence that what the ministry did was unreasonable is certainly something we would want to put forward if an appeal was brought.”
The township said they were satisfied with the conclusion drawn by the professional hydrogeologist, who said the ministry had addressed the municipality’s concerns laid out in a 2018 letter to the ministry.
“Staff’s opinion is that we rely on our experts and in this case it’s Burnside,” said Shawn Persaud, director of planning and development. “Based on their letter, we recommend the township not file an appeal relative to the permit to take water.”
In his Jan. 25 letter, Dave Hopkins, senior hydrogeologist with R. J. Burnside and Associates Ltd., states that ministry has met and addressed the requests laid out by the township in 2018.
“The new PTTW has a much more robust monitoring program than the original PTTW and addresses the Township’s request for additional wells,” reads his conclusion. “The monitoring program will be completed, and the annual report is to be prepared by a qualified person (P. Geo. or equivalent).
“The Permit requires that an annual report documenting the monitoring well results be submitted to the MECP (MOECP). This will allow the MECP to evaluate the impacts of pumping and make any necessary additions to the monitoring program/permitted rates as required. The PTTW also requires the monitoring of specific domestic wells, which is unusual.
“Residents, who feel that their wells may have been impacted, may wish to contact CRH to have their well added to the monitoring program. It is Burnside’s opinion, that all of the Township comments have been addressed by the MECP and the conditions included in the new PTTW.”
Wishart, however, felt all concerns had not been addressed.
“I think the major issue that the township is up against the wall with is that we’re talking about water quality, not the serviceability of a gravel pit,” he said. “The province doesn’t seem to address that at all. They dance around saying that the various authorities, namely the gravel pit operators, operate within the guidelines that they’re given.
“They’ve answered all the questions we had, but we’re talking about water quality and the potential,” added Wishart. “We have no proof at all. All we have is the wish they not take away the filtering medium between the sky and the water.”
Based on that, he asked, does the province even want to hear us if we conclude that they’re not answering our questions?
Mintoff didn’t seem to think so.
“The MOECP didn’t inform us,” he said, “and gave us only 15 days to prepare with documented support, so clearly in their mind they didn’t want an appeal. I think they gave us scant time to prepare for these appeals because they’re not welcoming.”
Mintoff said he would like to see council adopt the two principles that it doesn’t support the taking of aggregate or washing it in an environmentally sensitive area.
Further, he said, the municipality also asked that no further licences be issued until a water study by Dr. John Cherry, professor emeritus at University of Waterloo, has produced its findings.
“One of the basic risk management principles is to weigh the risks and rewards,” said Mintoff. “In my opinion, CRH gets all the rewards and the township and residents assume all the risks. If their experts are wrong, what are the consequences and who is going to live with them? I don’t think it’s going to be CRH.”
He said he was tired of hearing that ministries are understaffed or under-resourced and don’t have the wherewithal to operate effectively.
“They cannot be, in my opinion, entrusted to protect our most valuable resource,” said Mintoff. “We need to err on the side of caution. There’s nothing in it for us, only serious potential for impact on water quality and other environmental components.”
He also offered a somewhat long-term solution to the situation.
“Perhaps it’s time for us to offer the purchase of these specific properties at fair market value and once rehabilitated by the current owners, we could create public-private partnerships to use this land to create more affordable housing,” said Mintoff. “And if they choose to decline our offer, then we should look at the practicality of the legal feasibility of expropriating that property in order to do so.”
Unable to decide whether to appeal or not, council moved into an in-camera session around other matters, promising to reconvene at 1 p.m. Wednesday to further discuss the issue.