CITY & REGION OF WATERLOO - PASS THE HYPOCRISY PLEASE

Today's Waterloo Region Record carrys this story "Cities need to know railway cargo". A second councillor, this one for Kitchener, is getting on the railway cargo safety blitz. This of course is decades after the horse has bolted through the open gate. A Waterloo councillor was making noises a few months back about the Waterloo spur line that runs through residential areas in her constituency. There was a derailment last year in which chemicals heading to Chemtura in Elmira were involved. The inference at the time was that the chemicals were essentially inoccuous and non-threatening. That may or may not be true. If it is true then Chemtura and our local politicians all dodged a bullet big time because Chemtura (Uniroyal) have been hauling in toxic and dangerous chemicals by both rail and truck for decades. By the way they aren't the only company in Elmira so doing.

Here's where the hypocrisy comes in. Both the Region and the Cities of Waterloo and Kitchener are more interested in protecting their turf and their credibility than anything else. The only thing worse for a local politician than knowing about a potential hazard and doing nothing is not knowing about it in the first place. Procrastination and delay are bad but total ignorance is the kiss of death for local politiicans. Finger on the heartbeat of the community sort of thing. So now both the City of Waterloo and the Region are in the know as the railroad car manifests are shared with them. Guess what? Neither want to share with their citizens including those living along the railroad line. Guess why? There are tons of dangerous goods going through residential communities and none of our local politicians ever had any intentions to make things safer for residents. Hell no! Safety in their wee pro business minds means additional costs. Imagine the costs needed to make rail traffic safer in Lac Megantic, Quebec; prior to the 47 deaths.

Politics is a game and the people in charge are not there for the benefit of their constituents. They are there for their benefit and the benefit of like minded thinking people. Mostly that means the wealthy and powerful. It is not in their best interests to overeact with costly measures each and every decade when there is a disaster. It is much more cost effective for the wealthy elite to buy local (& provincial & federal) politicians and use them as buffers to absorb occasional outrage from the public. This is what democracy has descended to.

MORE CHEMTURA & CONSULTANTS POSTURING?

Last Thursday here in the Advocate I posted about Chemtura's June 2013 Progress Report. One of the items I mentioned were soil samples found in Attachment G taken at 11 Queen St. in Elmira. I'm planning on a road trip this morning to confirm exactly where that would be although I expect that it is quite close to Queen and Park St.. The "road trip" is kind of a private joke. I've just started driving again with trips to Home Hardware and Lazer Video both here in town . The soil samples were very deep and had serious concentrations of NDMA in them . This somewhat flies in the face of the understanding we've been given for decades that NDMA readily dissolves in groundwater and readily flows with it. That being the case how come this far off the Chemtura site are we seeing NDMA adsorbed to very deep soil particles at these concentrations?

Conestoga Rovers & Assoc., the long time consultants to Uniroyal/Chemtura, have an explanation that frankly makes no sense to me. It is somewhat akin to the disproven evidence given at the Environmental Appeal Board Hearings over twenty years ago in Elmira by their hydrogeologist Brian Beatty. He had suggested that Municipal Upper Aquifer groundwater flowed west from Chemtura where it was held somewhat stationary by opposing forces namely the pumping of the North Wellfield and the pumping of the South Wellfield. In the current case, Steve Quigley I believe of CRA, stated that the high concentrations of dissolved NDMA in the Municipal Upper Aquifer west of Chemtura, centred on well OW60 (Queen & Park) were due to contaminated groundwater being drawn north towards the North Wellfields which were shut down in the early 90's. Then the natural southerly flow of groundwater has drawn these high concentrations of NDMA back towards OW60. Quite frankly I give that explanation about as much credit as I give Brian Beatty's of twenty years ago. Afterall by this time that highly NDMA contaminated water should have been long gone. What makes much more sense is a subsurface source of NDMA in the neighbourhood. That neighbourhood would include the old shirt factory located remarkably on Shirt Factory Creek. Textile industries are known sources of all kinds of solvents and of NDMA whether in the dyes or otherwise. This scenario however runs counter to the M.O.E./Chemtura sweetheart deal of October 7, 1991 whereby Uniroyal/Chemtura falsely accepted 100% of the blame while saving untold millions of dollars in cleanup costs. This location is but one of the off-site sources that must be addressed prior to achieving the goal of restoring Elmira's groundwater to drinking water standards.

GOVERNMENT AND ENVIRONMENTAL & HUMAN DISASTERS

Yesterday I read a story on the Cambridge Advocate website that was taken from the Huffington Post, an on-line newspaper. The author is Maude Barlow and the subject matter is the horrendous rail disaster in Lac Megantic, Quebec. According to Maude the easy way out for the company and government is to lay sole blame on the engineer. The reality is a little more complicated. Apparently Transport Canada, just last year gave that railroad company permission to operate trains with but a single employee on board. In this case that meant one engineer in charge of 72 rail cars and five engines carrying hazardous materials.

There may well be a parallel here. The Walkerton tragedy was not solely caused by the Koebel brothers. Yes there were human failings but there had also been massive cuts at the Ontario Ministry of the Environment which contributed. Essentially all levels of authority from provincial to municipal to supervisory failed and the results were catastrophic.

One other thought has come to my mind and that is the environmental cleanup. Apparently the crude oil from the ruptured tank cars ended up both on land and directly into the nearby river. This is a golden opportunity, with everyone focused on the huge loss of life, to take shortcuts with the cleanup. The time is right now to do the proper job. Crude oil is not an LNAPL or light non-aqueous phase liquid. It is a DNAPL or dense non-aqueous phase liquid which means that it will sink through the water table and saturated soil until reaching a somewhat impermeable surface and then begin to flow horizantly depending on the gradient. In other words the DNAPL will gravity flow as long as there is a slope to follow. Here in Elmira, Ontario we are still learning decades later of the consequences of allowing DNAPLS to roam from a contaminated site further afield onto neighbour's properties. As unlikely as the 2028 mandated restoration of the Elmira Aquifers will be, it is the spread of DNAPLS both onto the Yara (Nutrite) property and further south past the Varnicolor property that greatly complicates matters.

IT SUCKS TO BE CHEMTURA

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 "...hot 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.

UPCOMING REVIEW OF THE AGGREGATE RESOURCES ACT

Yesterday's Elmira Independent carrys this story "ARA final report expected this fall". Our local M.P. Michael Harris was a member of the provincial committee which examined potential improvements to the act. There were public hearings with varying suggestions such as greater protection for farmland and greater financial support to municipalitites hosting gravel operations. Other issues included encouraging municipalities to make greater use of recycled aggregate to reduce the constant need for new aggregate as well as looking at alternate forms of transportaion for aggregate. This I assume would mean more rail and less truck traffic. The one glaring omission in yesterday's article and comments would be greater protection for nearby residents. Afterall that's what a lot of the Woolwich township protests are all about. Building gravel pits next door to homes, schools and urban areas is just plain way beyond stupid yet it goes on.

CHEMTURA JUNE 2013 PROGRESS REPORT

I really found some interesting stuff in the June "Progress Report". Overall on and off-site pumping (hydraulic containment) was excellent with one off-site well failing to meet its' target pumping rate. Well W4 by the water tower and behind (west) the old Varnicolor site averaged only 9.0 litres per second versus its' target of 11.4 due to repairs being necessary.

NDMA was again detected in the Canagagigue Creek although below the Provincial Water Quality Guidelines. The point is that this is more evidence that the site continues to leak and discharge off-site despite Chemtura/M.O.E. claims to the contrary. Nitrosomorpholine (NMOR) also still has a higher arithmetic mean concentration downstream than upstream. This also indicates past and probably ongoing leakage. To add to the mix, Lindane (insecticide) is also still leaching from the Chemtura site and being discharged via one of the MISA (municipal industrial strategy for abatement) outlets.

Table A.3 indicates some very high concentrations of DNAPL chemicals in the Upper aquifer pumping wells on site. These chemicals are MBT, benzothiazole (BT), carboxin and aniline.

Both Table D.2 and Figure D.3 do not give confidence in the alleged hydraulic containment of the shallow aquifer (UA) at Chemtura. The difference in groundwater elevations versus creek elevations at some locations is 3/4 of a metre. That is extremely impressive hydraulic containment. Another location however has an elevation difference of less than half an inch and despite reassurances from Chemtura in the past, I'm not buying it. That is NOT reliable hydraulic containment and I don't care how many times a day Chemtura are "monitoring" it.

Attachment G has tables of soil samples taken at 11 Queen St. in Elmira. These soil samples show concentrations of NDMA in the soil at ridiculous levels and this is more than seventy-five feet below the ground's surface. Chemtura when you do a job on an aquifer you really do a job.

Last but not least Figures E4 & E5 plus Tables E1 & E2 give us the groundwater concentrations of NDMA and Chlorobenzene in wells CH47 and Ch56. The first well is just west off-site of Chemtura on the former Yara (Nutrite) property and the other is on the south border between Chemtura and the Elmira Sewage Treatment Plant. CH47's concentrations of both NDMA and Chlorobenzene are above the Provincial drinking water standards. CH56's concentrations are above for NDMA and merely substantial for Chlorobenzene. Once again this is evidence of either ongoing leakage from the Chemtura site or evidence of off-site sources at Yara and the STP. In the case of Yara they are an off-site source of other chemicals however the NDMA and Chlorobenzene are most likely from Chemtura. When the STP was constructed in 1965, buried drums of Uniroyal's chemical wastes were discovered, so it's pretty clear that that current off-site contamination is all courtesy of Uniroyal/Chemtura. Once again this is contrary to the factually ficticious nonsense that Chemtura are selling with support from their partner in pollution, the Ontario Ministry of the Environment.

CHEMTURA/M.O.E. WILFUL BLINDNESS CONTINUES

This is the typical response from professional manipulaters and deceivers namely "I don't know or I've never heard of it.". This was the answer given by Chemtura at the last CPAC meeting when SWAT team member (& CPAC nominee) Susanna Meteer asked them about a remediation method referred to as either STAR or smouldering self-sustaining combustion. Similarily our Ontario Ministry of the Environment sat silent while the discussion and questions took place. This silence while technically not lying most certainly indicated either gross ignorance or gross deception on their part. I've got news for Chemtura and the M.O.E.. You deserve no more respect from CPAC & SWAT then you are willing to give. Lies of either omission or commission are disrespectful and insulting.

It has taken me a very long time to understand the contempt that both Chemtura and the M.O.E. have for the public. Yes they try to hide their contempt but third parties such as Woolwich Council need to grow up a little on this matter. For Woolwich Council or anyone else to attempt to stifle or moderate aggressive questioning is counterproductive. For Woolwich Council to get hard nosed and strict about "Codes of Conduct" for their citizen volunteers while the other parties (Chemtura/CRA/M.O.E.) ignore them at will is counterproductive and hypocritical. Your citizen volunteers expose themselves to the abuse of their provincial government (M.O.E.) via misdirection, backroom deals and blatant lying (no leakage from GP1 & 2) and then you want to criticize them when they go on the attack. Caspar Milquetoast is just dandy when you are dealing with honourable, ethical people but less effective when dealing with either sociopaths or pyscopaths.

Both the M.O.E. and Chemtura are supposed to be experts in their fields. For Chemtura who send an environmental engineer to all CPAC meetings it is to say the least difficult to believe that they had never heard of smouldering self-sustaining combustion. Ten minutes on the Internet has shown numerous scholarly articles on the subject. Reading even a couple to date has given me an appreciation for this emerging cleanup technology. The Chemtura site may be the perfect location for this kind of cleanup. Possibly it isn't but we need to know why not. For the two guilty parties responsible for shutting down our water supply; burying your heads in your contaminated soil is inexcusable.