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2008-2009 Annual Report

Message from Chair - The Applications - Our Case - Community Issues - Concluding Comments - Financials - Volunteer Committee - Public Activity Report - Appendix 1 & 2 - References

Appendix 1
Permit to Take Water (PTTW) Application with the Ministry of the Environment (MOE)



2006 October
  • St Marys Cement (SMC) filed a temporary PTTW application with the Ministry of the Environment (MOE) – 04/10/06
  • MOE posts application on Environmental Bill of Rights (EBR) registry for  public comment - 12/10/06

  • MOE received written concerns from:
    • Regional Municipality of Halton, Manager of Infrastructure Planning - 08/11/06
    • FORCE – 30/11/06
    • City of Hamilton, Senior Project Manager for Source Water Protection - 30/11/06
    • Conservation Halton, Manager of Watershed Planning - 30/11/06
    • Environmental Defence, Executive Director - 30/11/

  • Our communities sent over 600 letters and e-mails to the EBR registry to  protest the PTTW application and raise specific concerns
  • MOE wrote to SMC with a series of technical comments and questions from  the EBR posting – 11/04/07

  • City of Hamilton, Public Health Services expressed concern that the  proposal presented enough risk to identify a possible public health hazard –26/10/07
  • FORCE took out full page advertisements in the Hamilton Spectator and  Flamborough Review and Halton Compass– 08/01/08
  • FORCE initiated postcard campaign to Premier – 01/02/08
  • Hamilton City Council voted unanimously to bring its concerns regarding  the potential adverse impacts on the Carlisle groundwater-based municipal drinking water system to the attention of the Provincial Government. 27/02/08
  • FORCE Press Release. FORCE Applauds City Motion To Protect Carlisle  Drinking Water. City and FORCE united to get action from Province – 27/02/08
  • Our communities rallied to send over 1000 postcards and over 600 e-cards to the Premier requesting protection of our water -January through March, 2008
  • More than 500 citizens gathered at Our Lady of Mount Carmel School to express concerns about the PTTW application – 16/04/08
  • MOE posted draft PTTW to EBR for public comment – 07/05/08
  • Hundreds of residents again responded to FORCE call to action sending e-mails to Premier, Minister of the Environment and EBR
  • FORCE submits concerns again to the MOE as part of EBR consultation – 23/05/08
  • MOE granted the PTTW, with rigorous reporting requirements and a timeline of 357 days – 08/07/08
  • FORCE Press Release -Force Takes Round One. ERT Is Willing To Consider Jurisdiction. St Marys Should Stop Test And Respect The ERT – 19/07/08
  • FORCE Press Release. FORCE applies to Seek Leave to Appeal on St Marys Permit to Take Water. Community expects St Marys Testing Activities to Stop Until Tribunal Rules on Application – 18/07/08
  • FORCE Press Release. FORCE to Seek Leave to Appeal Permit to Take Water. Community Expects St Marys to cease and desist - 08/07/08
  • FORCE objected to the permit and sought leave to appeal the decision to the Environmental Review Tribunal (ERT) filing a Notice of Application for Leave to Appeal with the ERT and sent SMC a “stand down” letter – 18/07/08
  • The pump test began – 21/07/08
  • FORCE provided “watchdog” coverage during the PTTW test attending daily meetings and involving the community’s hydrogeology expert – 21/07/08 – 28/07/08
  • Group of residents mans silent protest at start of PTTW pump test – 21/07/08
  • FORCE filed Supplementary Application for Leave to Appeal with ERT – 22/07/08
  • FORCE filed submission regarding jurisdiction with ERT – 25/07/08
  • MOE and SMC respond to ERT on submission regarding jurisdiction – 30/07/08
  • FORCE replied to ERT regarding MOE and SMC submissions on jurisdiction – 01/08/08
  • “FORCE calls SMC test a huge flop” in Halton Compass – 14/08/08
  • “SMC VP says water tests were “success” in Halton Compass – 21/08/08
  • “FORCE questions reliability of pump test” in Flamborough Review – 22/08/08
  • The ERT found that it had no jurisdiction to consider the matter because the permit was issued for less than one year – 28/08/08
  • SMC Pump Tests didn’t hurt area wells” in Hamilton Spectator – 03/09/08
  • “SMC Test Results Announced” in Flamborough Review – 05/09/08
  • FORCE Community Expert releases Review of Phase 1 Pump Report – 03/10/08
  • FORCE Press Release “Rain, Rain, Go Away – St Marys told to test another day” – 30/10/08
  • MOE notified the proponent that the pump tests from Phase 1 were not acceptable – 30/10/08
  • Over 45 residents took the battle to Queen’s Park with Andrea Horwath, MPP asking a question in the Legislature to Minister of the Environment – 06/11/08
2009 January
  • St Marys Cement declined the MOE’s request to re-do the pump test – 22/01/09
  • St Marys Cement applied to the MNR for a licence under the ARA – 22/01/09
  • MOE requested that St Marys Cement clarify its intention regarding the PTTW and indicated that if no further work was to be done that the Ministry would revoke the PTTW – 05/03/09
  • SMC requested that the PTTW not be revoked, allowing for possible future work – 13/03/08
  • The PTTW expired; no work had been done since summer 2008 – 30/06/09

Appendix 2
The ARA License Application with the Ministry of Natural Resources (MNR)


2009 January
  • St Marys Cement (SMC) submitted an application to the MNR – 22/01/09
  • FORCE Press Release “Throw out Unacceptable Application” – 28/01/09

  • MNR deemed the first submission incomplete and returned it to St Marys Cement - 09/02/09
  • Hamilton‘s Medical Officer of Health requested the MNR to consult with the MOE about the need for the proponent to complete its groundwater testing before the ARA application would be considered complete -10/02/09
  • St Marys Cement re-submitted the application – 13/02/09

  • MNR deemed the second submission complete – 03/03/09
  • Halton’s Medical Officer of Health expressed concerns in a letter to the MNR about the risk of adverse impacts upon ground water - 09/03/09
  • FORCE Press Release “FORCE unveils “Blue Ribbon” Strategic Advisory Panel” – 27/03/09
  • MNR posted a notice of application on the Environmental Bill of Rights (EBR) Registry for 30 Days -03/04/09
  • SMC began the official application period by publishing notices in local newspapers - April 3rd became Day 1 of the 730 day countdown - 03/04/09
  • FORCE conducted a public forum to prepare our communities for the commenting and objecting process – 15/04/09
  • Hamilton City Council unanimously supported a motion to object to the Aggregate Licence Application, and to call on the Minister of Natural Resources to refuse the licence application – 15/04/09
  • Day 25 of the Consultation Period, St Marys Cement held its information session in Waterdown with more than 500 citizens attending – 27/04/09
  • Milton City Council voted unanimously to ask the MNR to turn down the  application – 27/04/09
  • MNR and SMC received written objections from
    • Balaclava School Council– – 22/04/09
    • Hamilton Wentworth District School Board – 29/04/09

  • MNR and SMC received written objections from
    • Conservation Halton objected to the ARA application – – 04/05/09
    • Hamilton Wentworth Federation of Agriculture – – 11/05/09
    • Halton Regional Council – – 19/05/09
    • City of Burlington – – 15/05/09
    • Environmental Defence – – 19/05/09
    • City of Hamilton, Public Health Services – – 20/05/09
    • Halton Region Federation of Agriculture – 20/05/09
    • MOE, West Central Region – 21/05/09
  • MNR, Guelph District, notified SMC that it was not in a position to support the application - 21/05/09
  • Over 1200 citizens registered their objections with MNR and SMC
  • FORCE submitted a letter of concern re St Marys Cement ARA license application, and a Community Issues Review Report, along with reports from Aquafor Beech Ltd., Interra Engineering LTD and North-South Environmental to MNR Guelph District Office and St Marys Cement Inc – 21/05/09.

  • SMC sent Community Newsletter #9 Fall 2009 to citizens who registered objections, notifying recipients that initial letters would be mailed to all objectors in approximately 3 weeks; Registered Letters triggering the official 20 day notification of objectors deadline were forecast to follow three weeks after the mailed lette .
2010 January
  • The registered letters began arriving the first week of January 2010


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