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Follow-up petition on a closed landfill in Cramahe, Ontario
Petition: No. 109C
Issue(s): Biological diversity, compliance and enforcement, human health/environmental health, toxic substances, waste management, and water
Petitioner(s): Bruce G. Melnichuk
Date Received: 6 March 2006
Status: Completed
Summary: This follow-up petition claims that a closed landfill in Cramahe, Ontario, is discharging contaminants into nearby Cold Creek in contravention of the Fisheries Act. The creek feeds into the Trent River, which is a tributary to Lake Ontario. The petitioner alleges that the township misrepresented the size and location of the landfill, and he would like to see action taken under the Canadian Environmental Protection Act, 1999.
Federal Departments Responsible for Reply: Environment Canada
Petition
February 21, 2006
Bruce G. Melnichuk
899 Penryn Rd.
R.R. 2
Colborne, Ontario
K0K 1S0
Phone 905 344 5073
Cell 289 251 0798
bgmelnichuk@sympatico.ca
Office of the Auditor General and the Commissioner of the Environment
and Sustainable Development
Attention: Petitions
240 Sparks St.
Ottawa, Ontario
K1A 0G6
Dear Commissioner
In 2004 Environment Canada conducted an investigation through a Petition I had sent in to try to have the Township of Cramahe charged with a Fisheries Act Violation seeing as the township had been involved with an uncertified landfill site. Environment Canada found no violations under that Act. It has come to my attention that the size of the landfill is in question, seeing as documents from 1987 show the landfill site as being 60 by 100 metres or just 1.41 acres. In 1988 the township put out a zoning by-law that moved the site to the far east of Lot 11 Con 5. The MOE put out a map in 1989 that showed the landfill at the west side of Lot 11 Con 5. In 1991 the township changed the position of this landfill to the middle of Lot 11 Con 5.And in 2005 the size of the landfill increased to 6.16 acres and taken in all of those areas except the 1988 zoning by-law map. And now a newspaper article from 1979 where the owner of the landfill site claimed the site to be 20 or 30 acres of his 70-acre farm.
I always thought Official Plans and zoning by-laws were in place to protect people. To me this townships idea is to use the zoning by-laws to cover up the township illegal use of this landfill and in the process of running that landfill destroyed an intermittent stream and turning it into a bog. When the township put out the zoning maps to show the landfill in one area and then moved it to another area and now has increased it's size by so much I believe that the township deliberately mislead not only us but Environment Canada which to me is a violation under the Canadian Environmental Protection Act seeing as those changes could put us at a health risk because of leach ate or landfill gas that could migrate off of the landfill site. Or worse case that we are part of that 20 or 30 acre landfill. The MOE is not much help seeing as all along they have been telling us and the Environmental Commissioner of Ontario that there is nothing wrong with the site and on the other hand the MOE is also telling the township to keep the Holding Provision in place as there could be hazards still with the site. If the township didn't falsify the documents that permitted the severance to proceed then we would have never been placed in this possible danger that we could be in. I would like to see the township charged under the CEPA for the misleading statements that they made in 1988, 1991, 1999 and in 2005 seeing as all of those dates changed the position of this landfill and placed others at possible risk from this uncertified landfill that the township had their hand in.
Sincerely,
[Original signed by Bruce Melnichuk]
Bruce Melnichuk
Minister's Response: Environment Canada
June 22, 2006
Mr. Bruce G. Melnichuk
R.R. # 2
899 Penryn Road
Colborne, Ontario
K0K 1S0
Dear Mr. Melnichuk:
I am writing to provide Environment Canada's response to your Environmental Petition No. 109C, submitted to the Commissioner of the Environment and Sustainable Development, concerning the former landfill site at Lot 11, Concession 5 in the Township of Cramahe, Ontario. Your petition was received in the Department on March 20, 2006.
Your letter indicates that you believe the Township of Cramahe has violated the Canadian Environmental Protection Act, 1999 (CEPA 1999) in providing misleading information to Environment Canada regarding the location and size of the former landfill site mentioned above. On April 10, Environment Canada enforcement officers from the Ontario region conducted an interview with representatives of the Township of Cramahe. The Township of Cramahe did not have information relating to the size of the former landfill site. Representatives explained that the boxes marked showing the approximate location of the site on the maps produced in 1988, 1991, 1999 and 2005, were not drawn to scale by the makers of these maps. Documentary evidence verified that the former landfill site was neither owned nor operated by the municipality. Information obtained from the Ontario Ministry of the Environment concluded that the former landfill site was privately operated. The enforcement officers concluded that there was no evidence to show that the Township of Cramahe submitted misleading information to Environment Canada.
A second inspection was also conducted at the location on April 10, and no signs of leachate or alteration to fish habitat were observed. The seasonal tributary to Biddy Creek was dry at the observed location of the former landfill site. The enforcement officers concluded that there was no evidence to show there was a violation of subsection 36(3) of the Fisheries Act.
My department will continue to monitor the site, and any future concerns, within our mandate, will be addressed with the property owner.
Yours sincerely,
[Original signed by Rona Ambrose, Minister of the Environment]
Rona Ambrose