Saturday, July 27, 2013


Oh sure they get occasional undeserved victories along the way. With the invaluable assistance of former CPAC Chair, Pat Mclean, they actually got their last *Responsible Care verification. This was despite the well thought out and well written dissenting opinion of Dr. Dan Holt, current CPAC Chair. Combined with Pat's well and truly co-opted support was the support of reps from Chemtura Guelph and Chemtura Scarborough. Based on neighbour's complaints in Scarborough as well as recent M.O.E. fines for serious air emissions; one can be excused for understanding that Chemtura are gaming the system. Further, the Chemistry Industry Association of Canada (CIAC) have as much as said that they can get better compliance with a Chemtura inside the CIAC than outside.

Oh the embarassment! Approximately fifteen months ago, CPAC unanimously passed a Resolution condemning the twenty plus year old cleanup program for the Elmira Aquifers. This program based upon extremely expensive bought and paid for advice from Conestoga Rovers (CRA) revolved around hydraulic containment of both the Chemtura site (on-site) as well as hydraulic containment of the rest of the contaminated Elmira Aquifers (off-site). CPAC also categorically stated that the cleanup deadline of 2028 wasn't within the realm of possibility. To further add to Chemtura, CRA and their biggest backer, the Ontario Ministry of the Environment's horror; Woolwich Township Council endorsed this Resolution and sent it on to the Region of waterloo and the Province of Ontario.

While less embarassing, however only at the moment, is Chemtura/CRA/M.O.E.'s DNAPL fiasco. They literally spent years killing trees and producing reports trying to prove they did not have a) a DNAPL problem b) free phase DNAPL . The CRA multiple reports over the years tell the sordid tale in Figures, Tables, Plume maps, monitoring results and common sense. Their Conclusions however are blatantly self-serving, blind and disgraceful. The irony is the number of locations around their site where even inadvertently they've stumbled upon free phase DNAPL while desperately trying to "prove" it doesn't exist. Exactly how many "anomolies" does it take to become ubiquitous? At the May public CPAC meeting I presented technical reports and references detailing multiple groups stating that free phase DNAPL, similar to heavy oil or motor oil was found in TPW2 beside the old municipal landfill, now known as M2. One of these reports was from Chemtura's own consultants, namely CRA.

Yesterday I sent an old newspaper clipping to CPAC and SWAT team members as well as to the Township. This clipping dated December 13, 1993 from the K-W Record was titled "Uniroyal begins tar pit cleanup" and detailed everyone's expectations. Former Uniroyal general manager Dr. David Ash stated that some of the wastes to be removed will be solids and others will be DNAPLS, similar to heavy oils. Since that time it has been suggested by the M.O.E. and others that some of the very heavy soil contamination of DNAPL chemicals at Uniroyal/Chemtura's neighbour Yara (Nutrite) may well have migrated from Uniroyal. Keep in mind that residual DNAPLS are the tail or trail left behind by a moving front of free phase DNAPL. In other words residual DNAPL throughout a large area proves that free phase DNAPL has gone by those areas and is probably further downgradient. Again talk about embarassing when you are trying to sell scientific nonsense in order not to have to go after the DNAPL and clean it up. Just follow the money not being spent that should be.

Finally I dug up a newspaper clipping from December 3, 2008 in the Elmira Independent. The title is "Contaminants should be removed, says Marshall". In it I am quoted at length such as "Hydraulic containment is absolute rubbish". Also I suggest that whether residual or free phase DNAPL that " pockets on the site...should be excavated and the chemically contaminated soil removed." This article then goes on to quote Pat Mclean and Dwighte Este of Chemtura who state that they Chemtura have come up with a plan that involves all stakeholders. This is false. By kicking me off of CPAC and losing Dr. Henry Regier to hearing problems what they achieved was a CPAC to their liking in 2007 and 2008. Former CPAC Chair Pat Mclean's support of Chemtura's position is both naive and ridiculous. In hindsight with the current CPAC having embraced my position regarding hydraulic containment and source removal, one can understand Chemtura's current anger and angst. They've invested years in manipulating public consultation in Elmira to their wishes and it's all gone down the tubes. How frustrating when your long solicited friends and fellow travellors are no longer in charge of the public consultation process (ie. CPAC). How frustrating when your longtime and biggest critic is being embraced by the current CPAC. Even more embarassing is when that critic (moi) has been kicked off CPAC by Woolwich Council twice (2008/2011) and now has been nominated by CPAC to rejoin them. However Township Council decides I am a very happy camper with this extremely strong public endorsement by the current CPAC. Boy it sucks to be Chemtura.

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