DELAY IN CPAC APPOINTMENTS

This article is in today's Elmira Independent. While I tend to disagree with some of the opinions expressed, I do so with the utmost respect. This respect however, for fear of being called a hypocrite, extends only to the position and opinions of Gail Martin, editor and Todd Cowan, Mayor. I am also in a quandry as to whether it is appropriate or not to reproduce here a letter to the editor, which I've just sent in a few minutes ago and thus it clearly isn't published yet. If the purpose of a Letter to the Editor is to communicate with the general public via newspaper and if the purpose of the Elmira Advocate is also to communicate to the public albeit via the Internet, then here goes. That being said I do extend apologies to the Independent if this is somehow disrespectful. January 19, 2011

LETTER TO THE EDITER

Thank you Elmira Independent for raising a concern in today’s edition around the reappointing of a committee of Council, namely CPAC or Chemtura Public Advisory Committee. Gail Martin ‘s article is well balanced with comments and quotes from former Chair Pat McLean , from long time member Susan Bryant and from our new Mayor, Todd Cowan.
Personally I found the reliance on “continuity and knowledge” espoused by Pat McLean to be a little strange. Afterall it was Pat who led the charge three years ago to remove yours truly from CPAC. No one including the Ministry of the Environment have ever denied that yours truly through sheer hard work has informed himself on the groundwater issues and technical details far beyond any other private citizen on that committee. So much for “continuity and knowledge “ being important to Pat. Quoting Gail Martin’s Editorial , she is concerned that “…councilors are seriously considering removing key members of CPAC… - for reasons that remain unclear.” Respectfully Gail Martin made a similar comment three years ago when I was removed by Woolwich Council and she was correct. The smokescreen produced then by Pat and Susan was that they couldn’t work with me because I appealed a Certificate of Approval which Susan , hydrogeologist Wilf Ruland and after the fact Conestoga Rovers & Assoc. all admitted was using inappropriate monitoring wells. Gail Martin’s concerns and comments are all honestly presented. Let me assist with my opinion as to what the “…reasons that remain unclear “ might be.
Susan Bryant says “We’ve got work to do… and it needs to go forward.” Some examples of CPAC’s “work” include… sitting on a DNAPL technical sub-committee for the last six years. Also sitting on a sub-committee dealing with a Comprehensive Long range plan (CLERP) allegedly dealing with the long term cleanup of the site, since at least 2003. Neither of these sub-committees routinely report back at the public CPAC meetings.
The granting of financial concessions to Chemtura via agreeing to reductions in monitoring of groundwater wells. These reductions include less frequent monitoring of contaminant concentrations as well as of groundwater levels which assist in determining the success of hydraulic containment of the site. Further examples of CPAC’s “work” include approving reductions in the data presented in the Annual Monitoring Reports. This data includes entire Appendixes which may only be used by those of us who read and follow everything , nevertheless they are important. CPAC has also endorsed reductions in the data presented in the Monthly Progress Reports. Perhaps as Pat McLean states CPAC currently “ has no authority to make Chemtura or the M.O.E. to do anything” but under Pat’s leadership they seem to have “the authority” to endorse Chemtura NOT doing important testing and monitoring.
Susan feels that CPAC must be formally involved in the Hawk Ridge Homes proposed development discussions. I too share their concerns that this proposed residential subdivision should not be located across from Sulco and Chemtura . What is strange again is the number of times Pat McLean has pointed out that CPAC’s current mandate deals strictly with Chemtura. Other issues affecting the restoration of the Elmira Aquifer to drinking water standards are totally ignored by CPAC. These include DNAPL being found underground behind Varnicolor Chemical, in the Municipal Aquifer. Not CPAC’s business says Pat. Really? But Hawk Ridge Homes is?
Finally Pat informs us that changing the Terms of Reference for CPAC may be difficult or “complicated” because the current Terms of Reference have Chemtura paying all the costs associated with CPAC. Really and what costs would this be? Secretarial costs including phone calls, faxes, coorespondence? There is no way that changing the Terms of Reference should be complicated by the company who has caused the need for this committee. Is the tail wagging the dog here?
Both Gail Martin and Mayor Cowan have hit the nail on the head when they ask what is the status of the cleanup of Elmira’s water. Will it be completed by 2028? The answer is a resounding NO. The M.O.E., Chemtura and CPAC will not admit to this. Afterall it would be an admission of failure. The original 1991 Control Order issued by the M.O.E. upon Uniroyal (Chemtura) has been ignored. Source removal of DNAPLS (dense non aqueous phase liquids) has not occurred. Both CPAC and the M.O.E. have ignored and backpedalled from their original purposes and positions without publicly telling us why and without a clear , logical explanation. This in my opinion is but a small sampling as to why after more than twenty years of going in circles the new Council and Mayor are carefully reexamining CPAC. I believe that the wait will be worth it and am confident , after the fact, that others will also.

Alan Marshall Elmira Environmental Hazards Team