TOMORROW IS THE BIG DAY FOR ELMIRA

Two very local environmental issues are being adressed tomorrow. The appeal of the BIO-EN M.O.E. Decision starts at 10 am. at Rim Park (Banquet Hall) and the CPAC Resolution will be discussed and voted on at 7 pm. by Woolwich Council in the Council Chambers.

Last Tuesday when CPAC Chair Dan Holt presented the CPAC Resolution to Committee of the Whole he specifically endorsed CPAC's belief that there was a sweetheart deal. He did this without using those words but he did quote from the October 7/91 document by stating: "1) In the settlement Agreement of October 7, 1991 the two parties, Uniroyal/Chemtura and the Ministry of Environment, who were involved in the legal actions each indemnified the other against all "...actions, causes of actions, damages, claims, and demands whatsoever of which both Uniroyal and the Province are currently aware...". Further Dan stated "We, CPAC, feel strongly that this has produced a situation where there is no real oversight regarding the cleanup of contamination of Elmira's drinking water. Neither one of the two parties involved in this agreement holds the other responsible and therefore, there is no real authority to enforce the Control Order(s) governing this cleanup process.". Not surprisingly recently three of the parties to the then ongoing Environmental Appeal Board hearing have all denied any "sweetheart deal" occurred. As they all kept the public, media and UPAC in the dark and the Indemnity/sweetheart deal private then, their denials now aren't too surprising.

At the moment there are six names listed as Delegations for tomorrow evening to speak to Council about the CPAC Resolution. They are Dwight Este and Josef Olejarz of Chemtura, Ron Campbell, David Marks and Dan Holt of CPAC and finally yours truly. It should be very interesting especially as Chemtura were given a Draft of this Resolution prior to the April public CPAC meeting and thus have had considerable time to form their position. These Delegations/discussions should assist those citizens and Councillors who have been unable to attend CPAC meetings over the years.

BIO-EN/BIOFUEL NEWS

Both local papers have carried articles about the BIO-EN plant currently approved for Martin's Lane in Elmira. The preliminary Hearing is this Tuesday at 10 am. in the banquet hall in Rim Park, Waterloo. Yes public support would be very helpful on Tuesday to head off any attempt by the proponent to end the appeal quickly.

There is also an excellent letter to the Editor in the Observer (pg. 16) titled "Bio-En situation shows government acts against the public interest". Rick Weber indicates his opinion that government routinely supports big business rather than citizen interests. The Observer article is titled "Twp. seeks "presenter" status at biogas hearings. The Independent article is titled "Township to seek presenter status at biogas hearing". The Observer article above and beyond mentioning the joint issues of odour and truck traffic also mentions that the Township will raise the issue of proper enforcement of rules by the M.O.E.. The history of M.O.E. enforcement of their own rules, here in Elmira, is a sad reflection on their impotence. There will be health issues as a result of significantly increased truck traffic especially for vulnerable segments of Elmira's population. Unfortunately our governments have had a "cost of doing business" attitude towards these issues in the past.

CPAC RESOLUTION (& SWEETHEART DEAL) ARE GAINING SUPPORT

The power of momemtum and the media's assistance therof can be stunning. I will be focusing on two more print mediums today although the sweetheart deal and CPAC's Resolution are also on-line here as well as at the Cambridge Advocate and at the Stop The Stink website.

The Township of Woolwich issued a media Release on Wednesday titled "Council Approves Chemtura Public Advisory Committee (CPAC) Resolution". The K-W Record, Elmira Independent and Woolwich Observer were already committed to publishing articles about CPAC's Resolution. The title of the Independent front page story is "CPAC seeks review of Chemtura cleanup". There are then two more stories on this subject on pages two and three. Finally the Independent on page four has this Editorial "More funding needed for MOE". Keep clearly in mind that it has been the Elmira Independent through thick and thin who have always covered public CPAC meetings when the rest of the media were AWOL. The Woolwich Observer have weighed in with their story titled "Township backs CPAC call for more action on cleanup"on page three.

Both local papers have picked up the essential elements of CPAC's Resolution. The 2028 dealine for cleanup of the Elmira Aquifers won't happen with the current pump and treat technology. Yours truly publicly has been saying exactly this for the last five years. That and other pronouncements from myself regarding DNAPLS and the sham Elmira cleanup, which I stated publicly, earned me no friends including amongst some of the citizen reps on the old CPAC. Further both papers refer to the Indemnity/Double Indemnity which I call the sweetheart deal. This is the October 7, 1991 private Settlement Agreement between Uniroyal and the M.O.E.. Parties to the Environmental Appeal Board hearing (1991) were given copies but UPAC/CPAC as well as the public and media were not. Finally both newspapers appropriately focus on the necessity of source removal of toxic wastes. Leaving them in the subsurface has been selfserving from Chemtura's financial standpoint and shameful behaviour by the government body supposedly looking out for the environment and citizens. Yes I am referring to our Ontario Ministry of the Environment (M.O.E.).

The firestorm is merely starting. Vested interests including some surprising ones will come out of the woodwork. It's already started and will be further seen this Tuesday evening in Council Chambers at 7 pm.. Woolwich and Elmira citizens if you want to see professional spin doctoring and environmental gobblygook come out for the show. See you there.

CHEMTURA/ M.O.E. DENUNCIATION IS GATHERING STEAM

For the past five years I've felt like a voice in the wilderness. Dr. Henry Regier retired from CPAC partially due to hearing challenges, Fred Hager was experiencing the begining of serious health challenges (recently told he's left us) and Rich Clausi was intentionally excluded by the old CPAC's insistence on public daytime meetings. A long difficult year and a half later and boy are things changing!

Today's Waterloo Region Record on the front page carrys this story: "Elmira water cleanup faltering, township fears". The old Woolwich Council with the exception of St. Jacobs Councillor Mark Bauman was unceremoniously dumped in late October 2010. Environmental issues were front and center including multiple gravel pits, BIO-EN for Martin's Lane and an air release of chemicals three weeks before the election by Chemtura Canada. Current Mayor Todd Cowan and the new Council made many commitments to environmental progress, some of which are proving challenging. Regarding the Mayor's diplomatic attempt to appropriately bounce the old Chemtura Public Advisory Committee (CPAC), he has made numerous mistakes with this new Committee. That being said and as I'm one of the major mistakes he made, dumping me without consulting his new CPAC, nevertheless I will give credit where credit is due. Mayor Todd Cowan picked some really excellent new CPAC members and the proof is in the pudding. Despite everything they've gone through in the last year (1 dismissal, 3 resignations, 3 new members) plus a whole lot more, this CPAC has come through with shining colours. Todd but for your winning the Mayor's seat this would not have happened.

Quoting Dr. Gail Krantzberg in today's Record "They need to change the cleanup strategy if they are going to be able to restore groundwater to safe levels by 2028. It won't happen with pump-and-treat." Quoting Dr Dan Holt CPAC Chair "There is no real responsibility. Which makes it difficult to have any kind of authority in the cleanup process.". Dan is referring specifically to the October 7, 1991 Settlement Agreement a.k.a "sweetheart deal" between Chemtura and the Ministry of the Environment. Yours truly is also quoted by the Record namely " "I'm ecstatic," said Alan Marshall, an environmental watchdog who has long criticized Chemtura and the Ministry of the Environment over the cleanup. "It is going to, I trust, totally turn around the cleanup." ". It appears as if the days of Chemtura and their friends spouting whatever psuedo science and gibberish they want, and getting it by CPAC, are finished.

WOOLWICH TOWNSHIP COMPRIMISES ON BIO-EN

Well in this world we rarely get everything we want. That being said many members of the BFCC (Biofuel Citizens Committee) were feeling doubly disappointed when Woolwich Council firstly turned down the opportunity to appeal the M.O.E.'s decision to accept the Martin's lane location and then seemed reluctant to give even moral support to the BFCC and their appeal. Last night brought some needed good news to the BFCC. Firstly Dan Kennaly (Staff) spoke to Council about various options other than full blown party status at the upcoming Environmental Review Tribunal (ERT). He and Staff recommended Presenter Status to Council which would allow them to continue to express their serious concerns about the location without needing to spend Township funds on legal or other expert help. Council rapidly voted in favour of this proposal and made it obvious that they would make their support of the BFCC's appeal; clear to the ERT. I trust that the BFCC will use this Councillor support combined with the 85 person protest from two weeks ago to enlighten the ERT that BIO-EN's presence on Martin's Lane is widely unpopular in Elmira.

WOOLWICH COMMITTEE OF THE WHOLE RATIFIES CPAC RESOLUTION

Dr. Dan Holt, Chair of CPAC, introduced CPAC's grroundbreaking Resolution to Council (Committee of the Whole) last evening in the Woolwich Council Chambers. This is the Resolution that CPAC had passed unanimously last Thursday evening (April 26/12). Above and beyond the significance of CPAC advising Woolwich Council that the responsibility and financial liability for the cleanup of the Elmira Aquifers rests with the Province, via the Ministry of the Environment, is CPAC's declaration of government mismanagement. They have done this both in the Resolution itself as well as in Dan Holt's introduction last evening. The Resolution states the following truths: 1) The 2028 Elmira aquifers cleanup will not happen 2) Uniroyal/Chemtura chemical contamination is still leaving their site 3) Pump and treat (hydraulic containment) technology on its' own is inadequate 4) The number one priority must be the removal of source areas of contamination still on the Chemtura site in Elmira.

Dan Holt's introduction last evening consisted of his presenting background as well as reading the Resolution to Council (Comm. of the Whole). In his background introduction he quoted part of the October 7, 1991 Settlement Agreement also known as the "sweetheart deal". Dan used the word Indemnity and Indemnified while avoiding the inflammatory expression "sweetheart deal". I choose to be more blunt as I feel the term more accurately expresses both the intent and result of their Agreement. Dan also stated "We, CPAC, feel strongly that this has produced a situation where there is no real oversight regarding the cleanup of contamination of Elmira's drinking water.". Finally Dan also stated that in regards to the chosen date of 2028 "CPAC feels that this date is artificial and truthfully, when the double indemnification clause is considered, it is meaningless.".

Woolwich Council (Comm. of the whole) passed CPAC's Resolution unanimously. This is an incredible step forward from the sham and smokescreen that has been ongoing for the last two decades plus. This is a polite but nevertheless incredible repudiation of the cosy arrangement (sweetheart deal) between the Ontario Ministry of the Environment and Chemtura Canada. It is also a repudiation of, and hence will draw criticism from, Conestoga Rovers the long time consultants to Chemtura, the old CPAC members and even possibly past Council members.

Let there be no mistake, Woolwich Council deserve a ton of credit here. There will be pushback from vested interests. Both Council and CPAC have passed an incredibly confrontational Resolution. It is confrontational not by its language or its tone but by its honesty. Mayor Todd Cowan handpicked very incredible citizens to sit on this Committee (CPAC) and deserves credit for so doing. Next Tuesday (May 8) at 7 pm. Woolwich Council formally must endorse the ratification given last night by Committee of the Whole in order for it to proceed. I intend to be there.

CITIZENS CAN PARTICIPATE

Two weeks ago 85 citizens of Woolwich Township both came out and protested outside the Council building and then went inside to hear their reps speak to Council. The issue was the proposed Bio-En location on Martin's Lane in Elmira. Tonite at 6 pm. is Committee of the Whole of Woolwich Council. Dr. Dan Holt, Chair of CPAC, will be presenting a very powerful unanimous Resolution from CPAC to them for their ratification. Hopefully this will be followed next Tuesday (7 pm.) with Woolwich Council formally approving and ratifying this Resolution. It will then be passed on to the Regional and provincial governments. It will also go to the Environmental Commissioner as well as to the AMO (Assoc'n of Municipalities of Ontario) for their support.

There will be parties who oppose this initiative of CPAC. They will include of course Chemtura and the Ontario Ministry of the Environment (M.O.E.). Unfortunately there will be more who do their best work anonymously behind the scenes. Some of the groups who were parties at the Environmental Appeal Board hearings in Elmira over twenty years ago have their own axes to grind. They had knowledge of the "sweetheart deal" between the M.O.E. and Uniroyal and have governed themselves in their best interests ever since. The Region of Waterloo comes to mind as once they received their water pipeline into Elmira, they denied other sources of contamination to Elmira's drinking water and generally played defence for the status quo.

Any and all citizens are welcome tonite in the Woolwich Council Chambers at 6 pm. and or next week , same place at 7 pm. This Resolution is a gamechanger with respect to the cleanup of the Elmira aquifers.