CHEMTURA PROMISES TO BE GOOD

The front page story in today's Woolwich Observer is titled "Chemtura pledges to meet 2028 cleanup deadline". The focus of the story appears to be CPAC's pushing for SOURCE REMOVAL. This is the actual removal/destruction/elimination of subsurface sources of contamination. This would include buried wastes, buried tars and sludges, heavily contaminated soils and DNAPLS. The lack of DNAPL removal can be laid squarely not only at the feet of Chemtura and the M.O.E. but also at the feet of the leadership of APT Environment. The former Chair of the old CPAC also was directly involved in assisting her with covering up and minimizing the need for DNAPL removal. Hindsight being 20-20 it now is rather obvious that their sharing in secret knowledge of the sweetheart deal between Uniroyal and Chemtura since 1991 has coloured their behviour not only towards source removal of known contamination (DNAPLS) at that time but also coloured their dealings with their colleagues and fellow environmental activists.

Quoting Dan Holt in the Observer article "...we are only treating the symptoms; we need to remove the cancer.". Councillor and CPAC member Mark Bauman said ""Don't put all your eggs in one basket," he said of simply sticking with the pump-and-treat process." Councillor Baumann also suggested that there should be more cooperation and less of an adversarial relationship between all the parties. While this is a mom and apple pie as well as a Christian outlook on how things should be; the reality is much different. A truly responsible, community minded or ethical corporation does not behave as badly as Chemtura/Uniroyal have for the last twenty-three years. Unlike their Mennonite neighbours and community they have shown themselves cheerfully willing to take anything and everything to court. They have surrounded themselves with lawyers and consultants to fight any and all attempts to properly clean up their property and the damage they've done to their neighbours. Now they are back to hiring big shot media and public relations experts to polish their public image. None of this speaks to a corporation looking for a non adversarial relationship.

BIOGAS APPEAL FACING DIFFICULTIES

Yesterday's Elmira Independent is carrying the following story on their front page namely "Biogas appeal facing dismissal". It details events at last Tuesday's Preliminary Hearing. Essentially the Motion for Dismissal filed by BIO-EN was adjourned until today and was to be held in Toronto. The BFCC's lawyer who recently sufferred a back injury is undergoing physiotherapy and it was decided to hold the Motion hearing in Toronto to accomodate him. Regarding the proposed mediation apparently BIO-EN have made it clear that they will only participate in that if the M.O.E. approved location (Martin's Lane) is not up for discussion.

Something appears terribly wrong in this process. I say this based upon further events unfolding yesterday. Phone calls have been going back and forth between a BFCC member and their lawyer in Toronto, Mr. Gillespie. Decisions were made yesterday unilaterally that should have been made if not by the whole BFCC then at a minimum by the six signatories to the appeal. I have seen first hand the debilitating effects of one or two individuals in a group usurping authority from the group. Whatever the motivations and however positive the intent may be, this kind of behaviour always ends badly. I suggest to the whole Bio Fuel Citizens Committee and the six signatories to the appeal that you must IMMEDIATELY regain control of your own group.

COUNCIL UPHOLDS CPAC RESOLUTION

The above title is the one used on the front page of this week's Elmira Independent. Gail Martin has written up the details of last Tuesday night's Woolwich Council meeting regarding the endorsement/ratification of CPAC's Resolution. Gail said "CPAC are pushing for Chemtura to remove source contaminants on its site, to aid the work that is being done by the pump and treat system."

All Councillors plus Mayor Cowan supported CPAC's resolution as they had the previous week at Committee of the Whole. Councillor Bauman to my mind made a strange comment. "It's always nice when you don't have to go to plan B,...But it's necessary to have a plan B available.". As I clearly see and understand CPAC's Resolution it is NOT a backup plan. It is an improvement and huge advancement over the current pump and treat system alone. Yes it incorporates and includes pump and treat but their Resolution certainly is not a plan B or any kind of a backup plan.

THE BFCC ARE GIRDING FOR BATTLE

I believe it was Teddy Roosevelt who suggested to "walk softly but carry a big stick". This appears to be the attitude of the Bio-Fuel Citizens Committee. They have flexed their muscles in response to the M.O.E.'s typically gutless Decision to approve the Martin Lane location for the Bio Energy plant. Fundraising is underway and donations have already been forthcoming. At Tuesday's Preliminary Hearing at Rim Park in Waterloo, suggestions were made regarding a Mediation Session. If this occurs I'm sure it will be done on a without prejudice basis. Apparently the proponent for Bio-En is at least willing to discuss/agree to alternate trucking routes which would spare both downtown Elmira and nearby residents from the effects of increased truck traffic. Not only are odours from the plant a concern but also noise and major health effects from greatly increased diesel exhaust fumes are the major battleground. The BFCC have retained the services of lawyer Eric Gillespie, a well known advocate in environmental cases.

FURTHER TO TUESDAY'S COUNCIL MEETING

First bit of news is this. Apparently Chemtura feel the need for professional first rate public relations advisers. They have hired a well known firm and indeed they were present Tuesday night in Council Chambers. I've been verbally advised by two persons that the firm's name is Sussex or possibly SSG (Sussex Strategic Group ?) . In the past Uniroyal/Chemtura have hired both outside firms as well as internal media/public relations people. Robert McBain was the man back in the early days of the Elmira water crisis and since then Chemtura have had two ladies intermittently, namely a Stacy and a Karen working for them. The only comment I have is that you can fool some of the people some of the time but not all the people all the time. Bring on the heavyweights. If that's the best they can do to respond to legitmate public concerns about Elmira's water then further shame on them.

A number of people have commented on the apparent perceived chumminess going on with former CPAC members and Chemtura personnel. At Tuesday evening's Woolwich Council meeting they were looking even grimmer than Chemtura folks were. You'd almost think that the old CPAC folks were personally offended by the new CPAC and Council's initiative to get the groundwater cleanup going. After the decision was made by Council to support CPAC's Resolution, the old CPAC members and Chemtura staff ended up both outside Council Chambers as well as later in the parking lot, with heads together. The appearance being given is that they were plotting strategy together. Let me be very clear here. I am the blunt one who calls a spade a spade. The new CPAC as well as Council have extended olive branches to the old CPAC members who were not automatically reappointed to CPAC as they so obviously expected/demanded to be. The new CPAC have been concilatory if not outright friendly with the old CPAC. They have been respectful of the knowledge the old CPAC have. The old CPAC have absolutely not returned that courtesy or respect. Far from it in fact. I repeat the new CPAC have NEVER criticized or disrespected the old CPAC.

Josef the General Manager of Chemtura made the claim in his presentation that NDMA "...does not continue..." at Chemtura. He suggested that there were no soil deposits on or offsite of NDMA. This is a very dubious claim and frankly unsupportable. Chemtura do not have knowledge of shallow soil samples on the Borg, Sanyo or old Shirt Factory site in Elmira. If they as I have knowledge of soil samples taken at Varnicolor Chemical then they know that there is indeed NDMA in the soil there. As far as on-site NDMA in the soil, possibly bound up in tars or with other sludges, again I believe that Josef is blowing smoke. Yes NDMA is readily soluble. If however it wasn't still on site bound to soil or mixed in with other contaminants it would have all been dissolved in the groundwater decades ago and no longer be on site. It is however as well as in nearby off-site areas such as the old Nutrite/Yara property in horrendous concentrations. Finally Josef claimed that their off-site pumping made it's target pumping rate in 2009 and 2010. This is true but it failed to achive the necessary pumping rates from 1998-2008 as well as 2011 and so far in 2012. In a nutshell Chemtura's pump and treat has failed miserably by most if not all empirical measures.

A TRULY HISTORIC ACCOMPLISHMENT

Last evening in Woolwich Council Chambers, after listening to five Delegations , our Woolwich Council showed that they have both common sense and a backbone. They unanimously endorsed and ratified CPAC's Resolution to reject the current aquifer cleanup in favour of source removal of buried toxins and wastes. Twenty-one years ago different members of this Council received a copy of the October 7, 1991 Settlement Agreement (sweetheart deal) and while criticizing parts of it, chose along with five other parties to keep the Indemnity given to Uniroyal secret from the public and citizens of Elmira.

Chemtura General Manager Josef Olejarz with minor assistance from Dwight Este defended Chemtura's pump and treat system. Ron Campbell, David Marks and CPAC Chair Dan Holt spoke in favour of CPAC's Resolution. I was the last speaker and I briefly highlighted and clarified a few technical misunderstandings that came up from previous speakers. Ron Campbell made what I view as the quote of the night. "DNAPLS are the enemy". I looked over at a few APTE members in the audience who appeared to be in some mental anguish . DNAPLS are the reason Esther Thur, Richard Clausi and myself parted company with APT Environment way back in January 1994. I also answered Councillor Bauman's question to Ron Campbell in regards to the location of DNAPLS. They are on site beneath the former operating lagoons in the south-west corner of Chemtura. They are also off-site by the Elmira water tower behind (west) Varnicolor Chemical. David Marks is the professional hydrogeologist on CPAC and while clearly explaining the inherent failings of pump and treat (hydraulic containment) he was both conciliatory and non-confrontational towards Chemtura. Dan Holt's presentation was excellent and pointed out quotes from the Ministry of the Environment and Chemtura in support of source removal of buried toxic wastes. Two major points for which I applaud "Dr. Dan" are these. Regarding Chemtura Dan said "The level of trust...has not been earned.". Secondly Dan again pointed out that it was the M.O.E. who (secretly) indemnified Uniroyal/Chemtura from legal and financial liabilty in 1991.

In my presentaion I also pointed out a minor misunderstanding concerning the number of toxic contaminants in the Elmira aquifers. This misunderstanding is to be expected as the company, their consultants and the M.O.E. have focused solely on NDMA, Chlorobenzene and the last few years Ammonia allegedly only from Nutrite (Yara). Josef their general manager thought that only NDMA and Chlorobenzene were present in the groundwater. I listed about ten other chemicals while advising 100 was a more accurate number than two.

Both CPAC and Woolwich Council went out of their way to be polite and respectful to Chemtura. While this is "nice" and probably the Canadian way it is also disconcerting. This company has (with assistance) poisoned the drinking water of thousands of people. They have hidden behind weak environmental laws and an even weaker enforcement system called the M.O.E.. On top of that they have hired lawyers and consultants to protect themselves from appropriate legal demands to clean up their mess. Kudos are in order to CPAC, the current Woolwich Council and Mayor Todd Cowan. Citizens ask yourselves this question: Why has it taken twenty-three years simply to confront this coverup and scam involving our precious drinking water? For me this confrontaion, albeit polite, and this clear and honest stating of the truth has been long overdue. Provincial, Regional and Municipal governments have been aiding and abetting the polluter since the contamination was discovered in November 1989. Shame on the pack of them.

MAKE ELMIRA'S WATER SAFE AGAIN

Could the timing be any better? The above title is the same as in today's Waterloo Region Record Editorials Section. As tonite is when Woolwich Council gets to put the finishing touch and vote on the CPAC Resolution before them, the timing of the Record's Editorial is equisite.

The public advisory body have flatly stated that the cleanup is inadequate and is not working. The government's and Chemtura's response to date has been yes it is, trust us. As the Record says that response is inadequate. One engineer (Dr. Gail Krantzberg), one hydrogeologist (David Marks) and one other environmental expert (Ron Campbell) have all cast major doubt on the past and current cleanup plan. Oh and by the way so have I. I have done so publicly, loudly and in writing with specicivity and detail. One media outlet (Elmira Independent) has faithfully recorded and published this over the years. Unfortunately the old Woolwich Council and CPAC were the impediments to change.

Of interest the Record have now categorized Uniroyal/Chemtura as the "primary polluter". This is a step in the right direction as we now know that there are multiple polluters of the drinking water aquifers in Elmira. The Record also correctly state that the municipal Council have broken ranks with the Ministry of the Environment and Chemtura. Our Council want a new and improved deal that actually restores Elmira's drinking water, rather than just going through the motions.