11TH DAY (Tues.) OF HUNDER PIT OMB HEARING

Mr. Emeljanow, acoustical engineer on behalf of Woolwich Township, was cross-examined by Mr. Pickfield, lawyer for Hunder development. Mr. Emeljanow continued to insist that in order to evaluate noise impacts an ambient baseline knowledge is required ie. initial background noise. Mr. Pickfield countered that the standard approach is to look at Class 2 (urban) or Class3 (rural). In this case Class 3 with its' more stringent noise criteria of 45 decibels was picked. Therefore typically the exclusionary limits (45 decibels) would be appropriate to determine if there were "unacceptable impacts". Mr. Emeljanow insisted that the Draft Landfill Guidelines Table was more appropriate to determine "unacceptable impacts". Mr. Pickfield pointed out that there was not anything specific in Woolwich township's Official Plan Amendment #13 (OPA #13) that takes the Board or anyone to these Draft landfill Guidelines.

Essentially I believe that Mr. Pickfield was attempting to show the Board that Mr. Emeljanow's claim of a "fundamental flaw" in the IBI Noise Study was trial by ambush. There was bickering in regards to the interpretations of documents Mr. Emeljanow had either authored or signed dealing with his noise concerns and whether they included references to his "fundamental flaw" position or not. Mr. Pickfield also compared Mr. Emeljanow's position on the Jigs Hollow Pit to his current position. Mr. Pickfield suggested that Mr. Emeljanow's noise standards were different from the one pit to the other. It was agreed that under the Draft Landfill Guidelines that changes in decibel readings did indeed indicate whether or not the increases were "unacceptable" or not. However Mr. Pickfield worked very hard to indicate that that document was not the norm or usual method to make such a determination.

Finally Mr. Pickfield suggested that Mr. Emeljanow's concerns regarding duration of noise were also raised late in the day. Mr. Pickfield believes that they should have been raised during the peer review process.

Mr. Dan Kennally head of Planning & Engineering for Woolwich township was next on the stand. He gave an extensive background into the entire process over several years in regards to the Hunder Pit Application. His overall determination was that the Application was not good planning and not in the public interest. He also gave the background into OPA #13 and how it was approved by the Region of Waterloo, appealed by the Ontario Sand, Stone & Gravel Association etc.. and finally settled with the Settlement approved by the Ontario OMB. Dan raised points such as the proximity of the Grand Valley Trail, life of the pit and that apparently pits in the Region of Waterloo, on average only extract 23.5% of their total allowable tonnage per year. The Township had numerous peer reviews done on behalf of their citizens including Hydrogeological, Noise and Visual Impacts. Dan suggested that the OMB if they approve the pit should put a fifteen year maximum life on the operation of the pit. He also suggested that the inclusion of recycling will only stretch out the time frame of the pit and was not a good idea.

At 10 am. Wednesday the hearing will continue and the Chair has two participants scheduled to present at 2 pm.