CURRENT CHEMTURA ISSUES

Following are a list of environmental items that are either being ignored, "investigated", partially addressed, addressed in slow motion or the appearance only given of addressing them :

1) East side off-site contamination on the Stroh farm

2) Stroh Drain contaminants, it's full length even onto the Martin farm. This includes looking for DDT & Dioxin/Furans.

3) The "Gig" or Canagagigue Creek downstream of Chemtura. The entire creek sediments and floodplain are contaminated with DDT, Dioxins/Furans, Mercury and P.C.B.s. Our corrupt MOECC would have us believe there are but two hot spots.

4) Off-site pumping of the Elmira aquifers. After their grossly inadequate pump & treat was outed by CPAC in May 2012 Chemtura promised to TRIPLE off-site pumping. Not a gallon to date of increased pumping.

5) Off-site source removal via ISCO (In-Situ Chemical Oxidation). Chemtura screwed up their pilot tests according to Dr. Dick Jackson and need to redo them.

6) On-site source removal of DNAPLS & LNAPLS. Longtime heavy B/S regrading their inability to find or extract them. All about $$$$$$.

7) GP1 (gravel pit 1). Again all about appearances. They spent $3 Million knowingly excavating the wrong area in order to avoid excavating the really bad spot where the majority of their liquid wastes flowed on their way off-site to the Stroh Drain. All about $$$$$$

8) Barrier Drain/Trench. While unproven to date nevertheless most likely explanation for Google Earth & Waterloo GIS satellite photos showing manmade earthworks. Also explains Uniroyal/M.O.E. failure to hydraulically contain shallow aquifer (UA1) on the east side of their property. Why contain after you've constructed a drain/trench to divert the contaminated groundwater and leachate eastwards onto your neighbour's property and from there via the Stroh Drain into the Canagagigue further downstream.

9) Improper local political support. This includes under the banner of "local" both municipal and regional government.

A HILARIOUS CARTOON & A SOLID EDITORIAL

O.K. so I'm fair game for the Observer's cartoonist (Scott? Arnold). Afterall if you speak in public whether at a Council meeting or other public meeting you open yourself to public scrutiny including the media. That said there can be vicious, false comments and criticism or there can be thoughtful, accurate comment. Perhaps the usual media comment falls somewhere in the middle. That said I have to admit that I'm still laughing at yesterday's cartoon about myself. The thought of me collecting stamps is just about as likely as me cave diving or rock climbing. Just not me folks.

While I may disagree with Steve Kannon's final conclusion in his Editorial I am nevertheless pleased with his presentation of facts as well as his solid support for citizens taking action against false and inaccurate Financial Statements. Lest we forget all Woolwich Council members swore an oath that their Financial Statements were accurate and honest. The one exception to that was Councillor Bauman who with Woolwich Township explicit approval, illegally didn't file at all. The rest all did and only three of them it turns out did so fairly and properly. Yes I would agree with Steve Kannon that that set up a rather embarassing spectacle here in Woolwich Township.

For me the most important fact regarding Scott Hahn is the Forensic Auditor's report done by Froese Forensic Partners. While mayor Shantz did indeed pay for her own "audit" it was not a Forensic Audit. The difference in detail, depth and investigation is reflected in the $12,000 cost of the Forensic Audit versus approximately $1,000 for the private audit. I have read numerous other private audits from councillors in Waterloo Region and frankly they are just shy of a joke. They rely entirely on the numbers provided by the candidate and simply are to satisfy the weak legislation.

Steve Kannon corectly stated that the auditor's report (ie. Forensic Audit) "cast considerable doubt on amended filings". Wait a minute. Scott's original filing claimed $328 expenses and his amended filing $3,200 and the Forensic Audit has cast doubt even on that! What is going on with his amended Financial Statement? That is precisely why MECAC (Municipal Election Compliance Audit Committee) absolutely were required to send Scott's case on to the prosecuter. MECAC utterly failed in their duty. I am attempting to do their job for them.

TO THOSE WHO DO NOT SUPPORT TAKING COUNCILLORS TO COURT

Two days ago I posted here all the roadblocks, intentional and otherwise, that are thrown in the path of any citizens choosing to exercise their legal rights under the Municipal Elections Act (MEA). I also mentioned the not trivial concern that Dr. Dan Holt faced when he requested a Forensic Audit be ordered by MECAC (Municipal Election Compliance Audit Committee). That concern was the cost of the so ordered Forensic Audit of Scott Hahn namely $12,000. If the Forensic Auditors (Froese) had decided that there were no contraventions of the MEA then Dr. Holt would have been on the hook to pay for the Forensic Audit out of his own pocket. Yours truly took a similar risk by requesting a Forensic Audit of Sandy Shantz's multiple Financial Statements TWICE! Both times MECAC improperly, and in my opinion illegally, refused to order that Forensic Audit despite thousands of dollars in missing Contributions and Expenses.

This above information plus the next forthcoming is to nullify any inaccurate suggestions that citizens are allowed to take free shots at elected officials without any consequences or accountability. In fact the entire process is loaded with consequences, financial and otherwise and citizens are held accountable (somewhat) by the public nature of the process. If a citizen does not have very strong grounds for their complaints then the media will and do publicly say exactly that. This has not happened because all three Woolwich Councillors (Bauman, Shantz & Hahn) involved in the 2014 Election Fiasco messed up royally and worse.

Since serving the Summons on Mr. Hahn last Saturday I have also had to phone three lawyers, visit two and make a payment (nominal) to one of them in order to get the Affidavit of Service of Summons, "commissioned". This "commissioning" is essentially my swearing an oath that yes I did personally serve the summons on Mr. Hahn. Then it was back down to Kitchener to both Intake/Superior Court first and then over to Provincial Court at 77 Queen St. Kitchener. Both locations required speaking to staff in order to confirm that I was giving the Affidavit of Service to the right court at the correct location.

Put simply my efforts (and Dr. Dan's & others) have only been possible by our being retired, committed, persistent and dedicated. There have been a dozen times when it would have been less expensive, less time consuming and easier on the nerves to throw in the towel and walk away. You are welcome Woolwich taxpayers and residents.

ENVIRONMENTAL DAMAGE CAUSED BY BELOW WATER TABLE GRAVEL EXTRACTION

Last week's Wellington Advertiser carrys an article titled "Warmer water in Puslinch pit concerns local councillors".The gravel pit causing concerns is referred to as CBM's Rozell Road Pit. Information was brought to Puslinch Councillors by Stan Denhoed of Harden Environmental regarding temperature changes in both surface and groundwater.

It is Preston Sand and Gravel who are the operators of this pit which was the subject of an OMB hearing back in 2009. In 2014 CBM commenced below water table extraction which Mr. Denhoed believes contravenes the site plan which stipulates floor elevations for the pit.

There are several years of background temperature monitoring between 2005 and 2013. Temperatures of groundwater discharging to nearby cold water fisheries is being affected (warmed) most likely due to the stripping of soil and excavation of overburden. This reduces the insulating factor significantly especially when their is extraction below the water table. hence the water table (shallow aquifer) is exposed at surface and heats up in the hot summer months.

Simply put the normal environmental problems caused by above water table extraction are seriously exacerbated with exposure of normally below surface groundwater during below water table extraction. The Kuntz Pit in Winterbourne which I believe also involves Preston Sand and Gravel is currently attempting to change their operations to allow for below water table extraction. There are numerous issues with this pit including right from the start the volume of gravel available above the water table was marginal.

K-W RECORD WEIGHS IN ON M.O.E./CHEMTURA/CRA 2028 FAILURE

Today's Waterloo Region Record advises us similar to the Woolwich Observer and CKCO-TV (Kitchener) that the (ir)responsible parties will not achieve their long promised and mandated cleanup in Elmira, Ontario. The story is titled "Elmira cleanup won't meet 2028 deadline". Yours truly suggested as much nearly a decade ago with the statement "The Elmira cleanup is a sham". It was obvious to me then that all the bragging and puffery in the world just wasn't reducing the off-site concentrations adequately. Numerous times between 2006 and 2010 I calculated the percentages of off-site wells with reducing concentration trends, increasing trends and no trends. The no trends were by far in the majority. CPAC in 2012 hired a consultant (Dr. Gail Krantzburg) who came to the same conclusion based upon the data.

Credit goes to Dr. Dick Jackson the Chair of TAG for explaining clearly the technical reasons for this failure. The simplest is of course that pump & treat technology simply on its own isn't up to the job and never was designed to be. The various contaminants have diffused into the less permeable clays of the aquitards between the sand and gravel aquifers. These contaminants are now very slowly back diffusing into the aquifers where they are slowly pumped out (& treated). Dr. Jackson suggests thatb this process is morelikely to take fifty years than thirty as initially predicted.

The first sentence in today's story is incorrect as 2028 will be Thirty years not twenty since the off-site pumping started in 1998. Keep in mind that it took the vartious and assorted twits nearly a decade to even begin the off-site pumping after the two wellfields were shut down in 1989.

Every single error and misstep by the so called "experts" and Q.P.s (qualified persons) has been predicted and pointed out by citizens over the last twenty-seven years. We have been ignored by the other equally guilty parties, the woefully uninformed and intellectually inferior local politicians who have supported this ridiculous "process" since the beginning. Examples abound of citizens correctly pointing out cleanup directions that Conestoga Rovers and Chemtura have refused. These include reinjection of treated water into the aquifers, using In Situ Chemical Oxidation (ISCO) and increased pumping at the heart of the on-site contamination (PW4) rather than at the edges (PW1).

While Councillor Mark Bauman deplores "...that this saga continues to go on"; he personally can take significant discredit for that happening with his continued support of Chemtura/CRA and the Ministry of the Environment during his multiple terms on Council.

SO YOU WANT TO LAY ELECTION CHARGES AGAINST A MUNICIPAL COUNCILLOR?

According to the Municipal Elections Act 1996 Section 81.(17) "This section does not prevent a person from laying a charge or taking any other legal action, at any time, with respect to an alleged contravention of a provision of this Act relating to election campaign finances." Wow it's just that easy and simple. Not!

The assistance citizens receive from the courts can best be described as minimalist, contradictory, inconsistent and confusing. This includes Intake Court within the Superior Court building in downtown Kitchener as well as advice you may receive from any number of different Justices of the Peace. In fairness part of the problem is the rarity in which a non lawyer citizen takes a municipal election candidate to court. That said the process of only permitting citizens to access Intake Court on Fridays is beyond belief. If you get something wrong even if you've followed directions to the letter, you guessed it; come back and see us in a week. By the way I would show up at 9 am., sign the sheet and be either the first second or third to have done so and routinely spend the next three to five hours sitting there. This I did SIX times with Sandy Shantz's charges and three times with Scott Hahn's. Normally my time with the J.P. would be between ten and twenty minutes.

Approximately six trips from Elmira to court were required in regards to Sandy's charges plus two or three more with the two prosecuters. How many with Scott is anybody's guess. At no point prior to the penultimate court appearance did either prosecuter suggest to me that there was any problem with how any of the charges were laid by the J.P..

I will say this regarding the court system. At no point was I threatened or intimidated by any judges or police during the process. Afterall Canada isn't a third world country is it? The out of town prosecuter Fraser Kelly I would best describe as a pompous ass. He did threaten me however. Firstly he pulled the stunt of misrepresenting a meeting a few days prior to Sandy's last court appearance to get me to attend a meeting with him and it turned out a Waterloo Regional Police detective. In hindsight it seems clear to me that Mr. Kelly had zero interest in prosecuting a Regional Councillor and mayor of Woolwich Township. What he had in mind was charging me with allegedly, surrepticiously taperecording a PUBLIC MECAC meeting, already being taped by the Township, in their Council Chambers.

Does it get any worse? Well that depends upon one's sensibilities. The Summons for Sandy was served via the courts doing the job. I was informed a week and a half ago that I personally had to serve Mr. Hahn his Summons. Are you kidding me? I advised both the J.P. and the Waterloo Regional Police that that was an inflammatory, provocative action to have the same citizen who lays election charges on a councillor, also personally serve the Summons on him. While we would like to think that councillors normally are 100% law abiding, calm and semi-reasonable persons, that has not been my experience with Woolwich councillors in general. Their public behaviour has been on occasion, brash and intemperate, and I am not remotely focusing on Mr. Hahn here. This includes his experienced colleagues on Council.

I will say that when push came to shove the Regional Police while insisting that I serve the Summons, did request that I advise them in advance of the time, date and location and hence an officer did attend with me. I would also say that that particular officer was very polite, courteous and helpful towards me. I will also add that Mr. Hahn was calm, cool and respectful and indeed his Council colleagues could take a lesson from him. That the citizen laying the charge also has to serve the Summons however is dispicable. In fact the entire legal process to date has been dispicable. I now view this legislated right of citizens to lay private charges to be nothing but a sham. Shame on every person in authority responsible for this entire asinine process. I believe it has been intentionally designed from start to finish to block citizens from their legislated right to lay private charges against candidates and politicians who blatantly contravene the Municpal Elections Act.

COULD MECAC & THE JUDICIAL SYSTEM HAVE AS MUCH TO ANSWER FOR AS COUNCILLOR HAHN?

Last Thursday's Woolwich Observer carrys the following story titled "Woolwich councillor Scott Hahn faces new legal challenge". That title sort of implies that he's already been facing legal challenges regarding his error filled campaign Financial Statements which is inaccurate. To date he's only faced the highly friendly and pro Woolwich MECAC (Municipal Election Compliance Audit Committee). Their name when taken literally is exactly what they are supposed to do. They are supposed to order a Forensic Audit whenever there is the likely appearance that the Municpal Elections Act (MEA) has been contravened by a candidate. Even a single apparent contravention based upon the reasonable belief of a citizen and demonstrated to the committee is grounds for an Audit.

Now if the Audit reveals zero contraventions then the committee actually have the authority to charge the citizen complainant for the costs of the Audit which in Scott Hahn's case was $12,000 initially paid for by Woolwich Township. If the Audit however finds either a significant contravention of the MEA or multiple contraventions then MECAC are not supposed to assume the role of either the prosecuter or the judge or jury. MECAC are supposed to send the file with Audit on to the prosecuter for their determination. Using the professional and detailed Forensic Audit advising him the prosecuter determines whether it is in the public interest to proceed with prosecution.

Mr. Hahn's contraventions were both significant and they were numerous. His initial Financial Statement filed prior to the March 27, 2015 deadline is the sole one that either MECAC or the courts must focus on. His months later filing was accepted and commissioned illegally by Woolwich Township who seem hellbent themselves on breaking laws as they see fit.

Mr. Hahn claimed $328 as his total Contributions and Expenses. Only after Dr. Holt requested an Audit did he advise that he had spent $3,000 on his campaign. The Forensic Audit did look at both his Financial Statements, the original and the second improperly accepted one and determined that there were significant contraventions of the MEA in both of them. Either the Municpal Elections Act is a complete joke and a farce that should be totally scrapped or it must be enforced especially in egregious cases of ridiculous and blatant contraventions.

As in the Todd Cowan case if the court (not MECAC) decide that these contraventions were unintentional or the result of inattention and sloppy paperwork then the Judge can and presumably will give Mr. Hahn a minor slap on the wrist. Justice will have been done. On the other hand if the Judge determines there was some intent to deceive, break the law or coverup contraventions then I expect he/she will be less lenient. All that is the Judge's determination. MECAC grossly exceeded their authority in both Woolwich cases and they too should be held accountable.