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Sanitary landfill site development proposal in Simcoe County, Ontario
Petition: No. 156
Issue(s): Environmental assessment, waste management, and water
Petitioner(s): Stephen R. Ogden
Date Received: 22 August 2005
Status: Completed
Summary: The petitioner raises concerns about potential contamination from the discharge of treated landfill leachate into the MacDonald Creek in Simcoe County. The petitioner requests that a study be completed by Fisheries and Oceans Canada to evaluate the possible negative impacts of such a facility prior to the approval of the landfill site.
Federal Departments Responsible for Reply: Fisheries and Oceans Canada
Petition
Stephen R. Ogden
1249 Marshall Road
Wyebridge, Ontario
IOK 2EO
Tel. (705) 322-2398)
Fax. (705) 322-1238
August 4, 2005
Office of the Auditor General of Canada and the Commissioner
of the Environment and sustainable Development
Attention: Petitions
240 Sparks Street
10th Floor
West Tower
Ottawa, Ontario
K1A 0G6
Tel. (613) 995-3708
Fax. (613) 941-8286
I wish to submit a petition under the Auditor General Act, and will enclose the petition document as an attachment.
In preparing this petition I would like to suggest that the Department of Fisheries and Oceans Canada would be directly involved.
The concerns I wish to share are related to a proposed landfill site that will uses a stream, know to be a cold water fishery, as a discharge for dewatering and possible treated leachite discharge.
In 1998 a Certificate of Approval was issued to facilitate the development of a sanitary landfill site, to the County of Simcoe.
The first stage of the undertaking was to apply for a Certificate of Approval of design to ensure the facility would meet all technical and environmental concerns. To this date no such approval has been granted.
The proposed site, know as Site 41, will produce large volumes of leachite. [name and position withheld] is quoted to say "The leachite will be transported to the town of Midland, the City of Barrie or a treatment plant will be constructed on site and treated leachite will be discharged into the MacDonald Creek, a know cold water fishery.
Peer reviewer, Dixon Hydrogeology suggest dewatering will be an ongoing design feature for the entire life of the site development. All discharge water is to be directed into the MacDonald Creek.
Petition Request
There appears to be an assumption that the town of Midland can handle the unverified predicted volume of leachite expected to be generated at Site 41.
If you refer to the Severn Sound Environmental Association review* of surface water aspects of County of Simcoe landfill Site 41 you will find both volumes of leachite predicted and Midlands ability to handle the leachite are in question, (refer to page 2 and 3 of review*)
There also appears to be an assumption that the City of Barrie can handle the unverified predicted volume of leachite expected to be generated at Site 41.
The County of Simcoe has not supplied any written documents to support this assumption.
The third option, to release treated leachite into the cold water fishery, know as the MacDonald Creek is being considered speculative by the Ministry of the Environment Approvals Branch. In taking this narrow view point the MOE suggest they can ignore Section 36(3) of the Fisheries Act.
Question: My first request is the Dept. of Fisheries and Oceans order an immediate study to evaluate the possible negitive impacts do to the release of treated leachite into the MacDonald Creek which is stocked by Natural Resources and is know as a cold water fishery.
I wish to again refer you to Severn Sound Environmental Association review* of surface water aspects of County of Simcoe landfill Site 41. Pages 4, 5 and 6 speak to the possible impacts of dewatering flows on the MacDonald Creek. Clearly the County of Simcoe has ignored many important concerns, leaving one to question the suitablity of this cold water fishery to facilitate a continuous flow of treated leachite for a possible time span of 150 years.
Question: My second request is the Dept. of Fisheries and Oceans order an immediate study to satisfy the outstanding concerns as listed by Severn Sound Environmental Association.
Yours Sincerely
[Original signed by Stephen R. Ogden]
Stephen R. Ogden - Alternate Community Monitoring Committee member as established by the Certificate of Approval.
*[attachments not posted]
Minister's Response: Fisheries and Oceans Canada
December 22, 2005
Mr. Stephen R. Ogden
1249 Marshall Road
Wyebridge, Ontario
L0K 2E0
Dear Mr. Ogden:
Thank you for sharing your concerns in your August 4, 2005, Environmental Petition No.156, submitted under the provisions of the Auditor General Act to Ms. Johanne Gélinas, Commissioner of the Environment and Sustainable Development.
On August 26, 2005, Ms. Gélinas forwarded your correspondence to Fisheries and Oceans Canada (DFO) for response. The concerns raised in your petition were in relation to the impacts of a proposed landfill site (hereafter referred to as Site 41) in Simcoe County. Specifically, you had concerns regarding DFO's administration of the habitat protection provisions of the Fisheries Act in relation to the proposed project at Site 41. You also requested that DFO order the County of Simcoe (the proponent) to assess the potential impact of leachate entering the west branch of MacDonald Creek, and to address concerns raised by the Severn Sound Environmental Association (SSEA) in their December 10, 2004 letter to the County of Simcoe.
The petition requested a number of activities be undertaken by DFO to address issues pertaining to leachate dilution, appropriateness of storm water management strategies and impacts on water quality for the proposed Site 41. Environment Canada (EC) is responsible for administering the pollution prevention provisions of the Fisheries Act. Subsection 36(3) of the Fisheries Act prohibits the deposit of deleterious substances, such as leachates, into waters frequented by fish. Given your concerns, DFO sent a letter dated September 30, 2005, to the County of Simcoe requesting that they engage expertise from EC in the review of leachate dilution, appropriateness of storm water management strategies and general water quality.
To further expedite the review process, DFO staff have contacted EC and sent them a copy of the proposal to ensure that issues relating to Section 36 are addressed as appropriate. Additionally, I have taken the liberty of forwarding a copy of this response to my colleague the Honorable Stéphane Dion, Minister of the Environment, to ensure that your concerns are considered.
The additional concerns identified in the Severn Sound Environmental Association review of the surface water aspects of the Site 41 proposal were related to the impacts of ceasing dewatering and groundwater pumping on fish and fish habitat within the west branch of MacDonald Creek, as well as uncertainties regarding fish habitat values in the west branch of MacDonald Creek.
As you may be aware, DFO has responsibilities for the protection of fish and fish habitat under the habitat protection provisions of the Fisheries Act. The harmful alteration, disruption or destruction of fish habitat is prohibited unless authorized by the DFO pursuant to subsection 35(2) of the Fisheries Act. In keeping with the Department's Policy for the Management of Fish Habitat (1986), no such authorizations are issued unless all appropriate measures to avoid and mitigate impacts to habitat have been implemented and, where acceptable; measures to compensate for the habitat loss are developed and implemented by the proponent. It is in this context that DFO would review proposals related to dewatering and groundwater pumping.
With respect to the fish habitat values, it is our understanding that fish community studies by the Ontario Ministry of Natural Resources show that MacDonald Creek supports a coldwater fishery (e.g. brook and rainbow trout) downstream of Site 41 at the confluence of the east and west branches, but the fish habitat values on the west branch adjacent to Site 41 are largely unknown. Fisheries assessments of the west branch of MacDonald Creek undertaken by the County of Simcoe's consultants are unclear on the sensitivity and thermal regime of the fish habitat within the west branch of MacDonald Creek.
Due to these uncertainties, DFO has requested that the County of Simcoe provide additional information regarding the habitat values in the west branch of MacDonald Creek adjacent to Site 41 in order to determine if the proposed groundwater pumping regime is acceptable or requires modification. Additional information and clarification was also requested on the monitoring and contingency plans and on mechanisms to avoid or limit fish stranding when groundwater pumping is stopped. Once this information is received, DFO will continue with the review of the proposal in accordance with the Fisheries Act and the Policy for the Management of Fish Habitat.
Thank you for bringing this matter to my attention. If you have any further questions regarding DFO's review of Site 41 please contact Dan Thompson in DFO's Parry Sound office, at (705) 746-2196.
Yours truly,
[Original signed by Geoff Regan, Minister of Fisheries and Oceans]
Geoff Regan
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c.c.: |
Ms. Johanne Gélinas |