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Have a landfill/incinerator in your community? Who is minding the store? Part 3
Tuesday, April 29, 2003
This article is Part 3 of a series examining the issues of hazardous landfills in Ontario. Please check the archives for the previous articles. The previous article described the company and the politician. This article will describe the government and the citizens. Opinions and comments are always welcome.Clean Harbors Inc. purchased the SafetyKleen landfill/incinerator hazardous waste facility in 2002, which operates in St. Clair Township east of Corunna in Lambton County, Ontario. www.cleanharbors.com
Although there has been a history of fluctuating controversy with the operation in the past, recent events have brought Clean Harbors to the forefront again. There seems to be 3 different triggers that have tweaked more environmental awareness and public pressure.
Waste from the infamous tar ponds in Sydney, Nova Scotia are going to be shipped to the Lambton site by the truck load for a period of about 30 days and buried in the landfill. The company says that the waste will be solidified before disposal. It is an election year in the province and as any seasoned advocate knows, if you want the government's attention, a little election leverage does wonders. Finally, Clean Harbors' licence to operate the landfill is up for renewal very soon, creating an opportunity to revise the rules set out by the previous permit. This renewal only applies to the landfill section and does not apply to the incinerator. Hence, a contentious matter with the critics.
I found it rather bizarre at the paranoia that seems to have infiltrated the Ministry. For the past 15 years I have freely spoken with the staff in the Sarnia office. This time, however, they had been instructed to direct me to the public relations department in Toronto and London offices. As well my questions had to be in writing. In other words, they had a gag order with respect to the media. Here is my question to the mighty powers in Toronto: Why do we need to go through a filter of spin doctors to get answers?
How does the Ministry of Environment protect the public?
The MOEE in Sarnia has hired Errol Butler, an Environmental Officer, as a Ministry of the Environment employee. This gentleman has been trained as a Provincial Officer.
His job is to protect the environment from any potentially hazardous operations within the plant.
Quoting from the Ministry his duties, solely at Clean Harbors, is as follows:
* Perimeter check of site for off-site odours * Random inspections of waste haulers arriving at the site to confirm compliance with waste management legislation * Inspection of waste manifest documents * Visual inspection of incoming waste * Complaint follow-up if required * Inspection of the landfill operations * Inspection of the incinerator operations * Inspection of surface water management and leachate collection systems
Stack testing is done on an annual basis. Here's an analogy: When we receive our driver's licence we will be tested once a year for speeding. You will know the time and date of your speedometer test. Lo and behold, you pass the speedometer test every time and are declared a safe driver!! As well, since you have a driver's licence with no expiry date (as in the case of the incinerator), the rules cannot be changed. Who made up the rules? Our provincial government.
Once Clean Harbors accepts the hazardous waste generated from across North America, the waste generator is no longer liable for that material. In the U.S. this is not the case. South of the border, the generator continues to be liable for the waste even after it has been accepted by the waste disposal company. It is no wonder then why companies in North America would want to avoid the risks associated with the U.S. liability and take material to Lambton County, where the generator is absolved of any responsibility. Who made up the rules? Our provincial government.
What happens if Clean Harbors declares bankruptcy? According to the Ministry it, "has obtained financial assurance from the Clean Harbors waste disposal site in the amount of
$5,217,773.00. In addition, the Certificate of Approval requires the site to have liability
insurance in the amount of $5M with annual aggregate of $10M."
However, according to John Jackson, an environmental expert on waste issues, "The amount of money in the assurance and insurance plans would not begin to pay for a cleanup of this site. For example, the government has been cleaning up a PCB storage site in Smithville in the Niagara Peninsula. So far they have spent $50 million and expect that it would cost them another $200 million to seriously complete the cleanup. This is to take care of a site that is only a half hectare in size.í
Although there are no PCBs at this site, the point Jackson illustrates is that if the company were to declare bankruptcy, the bill for clean up and remediation would fall on you and I, the tax payers. The so called financial assurance intended to protect the province is ridiculous and totally unrealistic. Who is actually protected, the tax payer or the company? Who made up the rules? Our provincial government.
Which comes first, a government's realization that a change in legislation is necessary or citizens banding together to demand a change?
If you are an optimist, you will answer the latter. Laws are changed because people get dissatisfied and demand a change in rules and often that implies a change in government. Generally speaking, governments react. They do not invent or promote. The successful government is able to anticipate the pitfalls and govern proactively.
One of those citizens who wants the rules changed is Jim Duffy from a grass roots citizen's advocacy group called POWER. Mr. Duffy is an extremely well informed and articulate person, who realizes that he is dealing with 2 Goliaths, Clean Harbors and government. He believes that creating Megawaste sites is potentially a very dangerous concept, setting the stage for massive Megacrises if the integrity of the clay is disrupted. As well, the government's complacency in allowing Clean Harbors to self regulate under virtually no realistic financial reassurance, creates the potential for a major catastrophe, perhaps not in our lifetime but certainly for future generations. According to Mr. Duffy, we would be far better off having smaller sites with short term Certificates of Approval, so that if there is a potential problem, it will not have such a large impact. And the clean up costs (should the tax payer get stuck with the bill) would not be as impossible to handle. The government seems to have turned a deaf ear to this concept. To the group, POWER, please continue to do what you are doing. Without your voice, governments and corporations gain absolute power. History has taught us the consequences of absolute power.
There are others neighbouring the landfill that are not voicing objections at this time. Among these, Walpole Island First Nations has entered into an environmental impact benefit agreement. In a presentation to Sarnia Lambton Environmental Association November 2002, Dean Jacobs stated that these benefit agreements can cover a variety of topics including partnerships with industry, monitoring and payments in lieu of tax payments. However, Dean Jacobs' proposal states that these agreements would not prevent Walpole from lodging complaints against their partners. Although this is a lofty idea, in practice there appears a blurring of objectivity once the financial benefits become entrenched. In the 1990's ICI paid Town of Wallaceburg a sum of $1.5 in exchange for allowing their discharge. The water tower has been built and ICI has discharged. (As a matter of principle, Walpole said thanks but no thanks to the money from ICI.) This practice of financial compensation to neighbours seems to be a standard practice in the corporate sector and a very simple but effective strategy to keep criticism to a minimum.
And so the company, the politicians, the government and citizens are all part of the battle focussed on this parcel of land west of Corunna. Fifty years from now, when the landfill is full and Clean Harbors is gone, will our grandchildren have the tools needed to mind the store?
On a personal note, I would like to let the reader know that I do not belong to any political party. I have only indirectly corresponded with the MPP from Sarnia Lambton through her office. I am neither employed with nor have ever received fees from political parties, chemical corporations or environmental groups.
Kris Lee is a high school science teacher in Wallaceburg, Ont. She is working hard to bridge the gap between industry and community, with a major goal of reducing harmful effects to the environment. For over 10 years Kris has been an active member of several national industry and government advisory panels.
