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Friday, August 22, 2008 - Flamborough Review
Anti-quarry group questions reliability of pump test results

While the findings of pump tests conducted at the proposed St. Marys Flamborough quarry site won't be released until early September, opponents of the proposal are declaring the tests to be a dismal failure.

"There's no success measure for them," said Graham Flint, chairman of the citizen's anti-quarry group, FORCE (Friends of Rural Communities and the Environment). "They're not testing at the scale they aspired to and Mother Nature has conspired to make things even more difficult," he said, alluding to the record rainfalls that took place during the testing from July 21 to 29.

Read the Full Article (35 KB)

Thursday, August 21, 2008 - Halton Compass
At Marys’ VP says water tests ’success’

The vice-president and general manager for St Marys' Cement said the recent water testing done on site was a success.

John Moroz took umbrage with an August 14 article that appeared in the Halton Compass declaring the initial water testing a 'huge flop'.

Read the Full Article (480 KB)

Thursday, August 14, 2008 - Halton Compass
St Marys' test a huge flop, says FORCE

The first round of Groundwater Reciculation System (GRS) tests for the proposed St Marys quarry in Flamborough were a flop, says anit-quarry group FORCE (Friends of Rural Communities and the Environment).

Graham Flint, spokesperson for the group, told the Compass that the testing didn't even come close to the water draw-numbers that St Marys would need to make an accurate assessment of the GRS equipment.

Read the Full Article (248 KB)

Thursday, August 7, 2008
St Marys and MOE Respond to FORCE Submission on Jurisdiction to the Environmental Review Tribunal and FORCE Replies

On July 18, the Environmental Review Tribunal (ERT) indicated that it was willing to consider the matter of its jurisdiction regarding the Permit to Take Water (PTTW) issued to St Marys CBM by the Ministry of the Environment. It asked for submissions from the parties, FORCE by July 25, St Marys and MOE by July 30, and FORCE in reply by August 1.

The FORCE submission is described in the Latest News dated August 7, 2008.

MOE and St Marys provided their responses on July 30 and argue that the ERT has no jurisdiction to consider leave to appeal by FORCE. They base their positions on arguments such as the permit allows only limited water pumping on three separate occasions and the real time length of the permit is because of the oversight and reporting requirements. They also argue that the postings of the application through to its decision on the Environmental Bill of Rights (EBR) do not mean that the permit is a regulatory instrument that can be appealed and that it is an administrative oversight that MOE did not clarify this on the postings. They say that the test phases and reporting can be completed in less than one year.

Read the MOE Director’s Submissions. (237 KB)
Read the St Marys Submission (141 KB).

Lawyers, on behalf of our communities, replied to the MOE and St Marys submissions on Aug 1, 2008, as requested by the ERT. The reply notes a number of items:

• this is the first time the administrative oversight issue has been raised with respect to the EBR postings
• the time limit is for all intents and purposes on year anyway
• there have already been problems with the first phase of the test and an extension of time was requested by St Marys and granted by MOE. Problems which make the test unrepresentative of unmitigated impacts include such things as one well pumping, pumping rates per second and pumping volumes at far less than even approved under the permit (let alone the original application), heavy rainfall levels which occurred before, during and after the test making baseline, test and follow-up data results unrepresentative and failing to meet basic scientific test requirements
• recent ERT case law says it is the nature of the proposal not the time duration that determines if a proposal is a Class 1 regulatory instrument and appealable
• the prototype groundwater recirculation system (GRS) is unproven, controversial and requires site specific analysis and speaks to the nature of this proposal
• there are extensive reporting requirements and there are approvals and permits required from the City of Hamilton and Conservation Halton outside of the PTTW

Thursday, August 7, 2008
St Marys Begins Test Anyway

On Monday July 21, 2008, St Marys began the first phase of its test to assess potential dewatering impacts from its proposed quarry operation without mitigation. Phases 2 and 3 are designed to pilot the proposed groundwater recirculation system (GRS) to mitigate potential dewatering impacts. Pumping began at about 11:30 a.m.. St Marys did not act like a good neighbour and chose to proceed despite having been issued a Notice for an Application for Leave to Appeal the Permit to Take Water (PTTW), a "stand down" letter by lawyers for our communities, and a request for submissions regarding the matter of jurisdiction by the Environmental Review Tribunal (ERT) on Friday July 18, 2008. St Marys had also been notified of failures to meet the minimum 7 day written notice requirement to homeowners under the PTTW.

A group of community residents marked the beginning of testing with a silent protest at the Carriage House, 515 Concession 11 East, which is the site of the daily expert meetings, mandated by the PTTW.

FORCE will also act in its "watchdog" role for the community throughout the test. Graham Flint, Chair and Spokesperson, for FORCE attended the daily meeting on July 21st, along with a representative of INTERA, the community's expert hydrogeology firm. They will ensure watchdog coverage throughout the test period.

Read the July 22 Spec article.
Read the Flamborough Review article.
Read the Halton Compass article.
View photos of the silent protest.

Thursday, August 7, 2008
FORCE Files Leave to Appeal Application to Environmental Review Tribunal

Lawyers on behalf of our communities filed the supplementary materials to support our application for leave to appeal the St Marys' Permit to Take Water (PTTW). The material is dated July 22, 2008 and follows the Notice of Application for Leave to Appeal (82 KB) filed on July 18, 2008. Our lawyers needed to file the balance of our leave application by July 23, within 15 days of the PTTW being issued in order to preserve our ability to proceed to appeal.

Our application had to address whether FORCE has standing to seek leave to appeal and whether its application meets two key tests under section 41 of the Environmental Bill of Rights – whether a reasonable person would have made the decision under the existing legal, regulatory and policy framework and whether there could be significant harm to the environment. With respect to standing, FORCE is a not for profit corporation which is considered a person under law for these types of tribunals and has clearly shown an interest in the PTTW application, along with supporters in our communities. The issue of the ERT’s jurisdiction given the length of time that the permit was issued for will be addressed in a separate submission requested by the ERT by July 25, 2008. The supplementary application materials identify examples such as failure to consider the Ministry of Environment’s Statement of Environmental Values and failure to consider the precautionary principle and provisions of the Clean Water Act as flaws in the duty of care in making the decision. It also points to risks of environmental harm, including basing decisions around the full scale up of a proposed quarry and proposed mitigation system on an unrepresentative test and its data.

Read the full Supplementary Application for Leave document. (1 MB)

Thursday, August 7, 2008
FORCE Files Submission on Jurisdiction to the Environmental Review Tribunal

Lawyers on behalf of FORCE and our communities filed a submission on jurisdiction to the Environmental Review Tribunal on July 25, 2008. The submission had been requested by the ERT on July 18, following receipt of the Notice of Application for Leave to Appeal submitted on our behalf regarding the Permit to Take Water (PTTW) issued to St Marys CBM by the Ministry of the Environment (MOE).

The submission argues that the nature of the PTTW and the proposal to which it applies makes the permit what is called a Class 1 instrument and, therefore, it is appealable. The application and its decision have been treated by the MOE like a Class 1 instrument because of the Environmental Bill of Rights postings and public meeting. The permit has been issued for 11 months and 3 weeks which, for all intents and purposes, is one year. The potential impact on the environment is the same whether 357 days or 365 days. And, the activities envisaged under the permit could take over one year given the 3 phases of pumping test and prototype groundwater recirculation system (GRS) for mitigation, data gathering, reports, agency reviews, and other permit requirements.

A recent July 2008 ERT decision (Greenspace Alliance of Canada’s Capital vs. Director, Ministry of the Environment) found that it is not the term of the permit but the nature of the proposal which determines whether a proposal is a Class 1 instrument.

Read the full Submission on Jurisdiction to the ERT. (487 KB)

Friday, July 25, 2008 - Flamborough Review
Pump testing proceeds

A last-ditch effort to halt pumping tests at the proposed St. Marys Flamborough quarry site this week failed when the aggregate company initiated the first round of three intermittent tests on Monday.

Read the Full Article (48 KB)

Tuesday, July 22, 2008 - Hamilton Spectator
Cement company starts tests - Move forward despite community group's plea regarding proposed quarry

St. Marys Cement began water-pumping tests for a proposed quarry yesterday, despite a plea for delay from the citizens' group FORCE.

Pumps were turned on near the centre of the 158-hectare property at 11:35 a.m. while about a dozen placardcarrying members of FORCE -- Friends of Rural Communities and the Environment -- stood quietly on the side of 11th Concession Road East.

Read the Full Article (35 KB)

Sunday, July 20, 2008
Environmental Review Tribunal Willing to Consider if it has Jurisdiction on FORCE’s Leave to Appeal Application

On Friday July 18, 2008, after receiving a Notice of Application for Leave to Appeal from FORCE, the Environmental Review Tribunal (ERT) indicated that it is willing to consider whether it has jurisdiction to consider FORCE’s application. The ERT has asked for a submission from FORCE by July 25, responses from MOE and St Marys by July 30, and reply from FORCE by August 1, 2008. The ERT will then deliberate and deliver its ruling.
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FORCE and our communities expect St Marys to honour the proceedings under the Environmental Bill of Rights and wait for the ruling by the ERT. No testing should occur until the ERT decides if it has jurisdiction to consider the full application and if it finds it does, until a decision is rendered on the application.

Read the ERT correspondence. (53 KB)
Read the reply from our lawyers. (74 KB)
Read the FORCE press release. (83 KB)

Saturday, July 19, 2008 - Hamilton Spectator
St Marys going ahead with Carlisle testing

A quarry company is not altering its plans to test a water-pumping system in the Carlisle area on Monday after a community group opposed to the testing asked it to stand down.

The group yesterday filed a notice seeking leave to appeal the provincial permit giving it permission to hold the tests.

Read the Full Article (30KB)

Saturday, July 19, 2008
FORCE Applies to Seek Leave to Appeal on St Marys Permit to Take Water

On Friday July 18, 2008, lawyers for FORCE and our communities served and filed a Notice of Application for Leave to Appeal relating to the Permit to Take Water (PTTW) issued by the Ontario Ministry of the Environment (MOE) to St Marys CBM for its proposed Flamborough quarry. This legal filing follows on FORCE's announcement when the permit was issued that it intended to seek leave to appeal on behalf of our communities. Legal counsel has asked for an interim stay to halt the PTTW, as part of our application, until a ruling has been made on the application. The PTTW was granted on July 8, 2008.

The lawyers have also issued a "stand down" letter to St Marys on behalf of FORCE and our communities. The letter asks the company to stop activities and respect the Environmental Bill of Rights process so that FORCE can make its concerns known to the Environmental Review Tribunal (ERT). The ERT is the body that will make the determination on FORCE's application. If St Marys continues to take any actions to implement the PTTW and its test, it will prejudice FORCE's legal application and further demonstrate that St Marys is not the good neighbour it claims to be.

The PTTW is the first regulatory approval in the review process for the proposed quarry, so far. Our experts believe that there are meaningful policy and scientific questions that require scrutiny before testing is allowed to proceed. This is especially true because we expect that this test will lead to further testing. It is important to establish an appropriate testing and regulatory framework from the start.

Read:

FORCE press release (111 KB)
Notice of Application for Leave to Appeal (82 KB)
"Stand Down" Letter to St Marys (39 KB)

Friday, July 18, 2008 - Flamborough Review
Water testing to start

St. Marys Cement will begin pumping tests on its proposed Flamborough quarry site next week.

In a press release issued Monday, the aggregate company announced its intentions to proceed with the first of three tests "on or about July 21."

Read the Full Article (36 KB)

Thursday, July 17, 2008 - Halton Compass
McCarthy, FORCE stunned by non-appealable PTTW

What a difference nine days can make. While in the grand scheme of things, 216 hours doesn't seem like a long stretch of time, it made all the difference in the Permit To Take Water (PTTW) that was issued in St. Marys on July 8.

When the Ministry of the Environment (MOE) issued the PTTW to St Marys last week in order to allow the aggregate giant an opportunity to test its water recirculation equipment, the anti-quarry FORCE (Friends of Rural Communities and the Environment) were poised to slap an appeal on the proceedings.

Read the Full Article (220 KB)

Tuesday, July 15, 2008
St Marys Cement to commence pump testing on July 21st

St Marys Cement (CBM) announced today they plan to start testing their unproven Groundwater Recirculation System (GRS) on Monday July 21st. As required by their Permit to Take Water (PTTW), St Marys must give 7 days notice to residents within 1km of the site. Some residents have begun to receive notices.

FORCE is continuing to investigate our Community's legal options resulting from the PTTW issued last week by the Ministry of the Environment and these recently announced pumping tests . Pursuing an appeal and asking for a stay to stop St Marys are still possible options.

Under the standard appeal process, FORCE would have had 15 days to apply for a Leave to Appeal. We had requested St Marys to wait until this timeline had passed in order not to prejudice our right to appeal and as a sign of respect for our Community's right to exercise its full legal rights. Unfortunately, that request seems to have fallen on deaf ears as an article in the Hamilton Spectator indicates testing will commence on Monday July 21st for up to 8 days.

Read the Hamilton Spectator Article (29KB)

Tuesday, July 15, 2008 - Hamilton Spectator
Water-pumping test slated for next week

St. Marys Cement says it expects to begin the first of three controversial water-pumping tests on or about July 21.

Pumping from wells on the company's proposed quarry site on 11th Concession East at Milburough Line will go from 8 a.m. to 6 p.m. for a maximum of eight days.

Read the Full Article (29 KB)

Friday, July 11, 2008 - Flamborough Review
PTTW under attack

The decision of the Ontario Ministry of the Environment (MOE) to issue a temporary permit to take water(PTTW) to St. Marys Cement this week had all the drama of a daytime television series.

Read the Full Article (37 KB)

Wednesday, July 9, 2008 - Hamilton Spectator
Test permit surprises quarry foes

The anti-quarry group FORCE accuses the Ontario Environment Ministry of trying to deny the public the right to appeal a permit issued yesterday to St. Marys Cement for controversial water-pumping tests seen as a threat to Carlisle's municipal wells.

FORCE, which said early in the day it would seek leave to appeal to the Environmental Review Tribunal, was taken aback when it discovered the permit was for 356 days -- nine days short of a year -- and permits for less than a year are not subject to appeal.

Read the Full Article (35 KB)

Tuesday, July 8, 2008
MOE issues PTTW to St Marys for test – FORCE evaluates legal options

On Tuesday July 8, 2008, the Ontario Ministry of the Environment (MOE) issued a final PTTW to St Marys CBM. The final permit allows the company to undertake a series of phased tests relating to the proposed Flamborough quarry. The tests have two purposes: to allow pumping of large volumes of water to better understand what the impacts of quarry extraction might be on the watershed and to pilot test the unproven and theoretical groundwater recirculation system being proposed to mitigate those unacceptable impacts. The final permit is not significantly different from the draft permit. Our experts believe that there are legitimate policy and scientific questions still outstanding that should be answered before testing is permitted to begin. FORCE is evaluating legal options on behalf of our communities with our lawyers. FORCE signalled its intent to seek leave to appeal the permit to the Ontario Environmental Review Tribunal in order to give notice to St Marys and its consultants that they should not begin the tests while the potential appeal matters are being decided. To take actions would prejudice any legal application, would not respect the communities' right to decide its response, and would further demonstrate that St Marys is not the good neighbour that it claims to be. The posting of the final permit notes that the permit was issued for less than one year and limits appeal. The company had requested a permit for 5 weeks (35 days) in its original application. MOE issued a permit for 356 days – 9 days short of one year. Our communities' lawyers will give us their best advice on whether and how to proceed. A final decision will be made within 15 days of MOE issuing the final permit.

Read the final permit.
Read the FORCE press release.

Thursday, July 3, 2008 - Halton Compass
Final haul route meeting reveals... final haul route meeting

While a fourth public information centre regarding a quarry application in Flamborough did reveal a preferred haul route, St Marys Cement wants to hold one more meeting this fall before confirming its preference.

Read the Full Article (252 KB)

Friday, June 27, 2008 - Flamborough Review
Quarry haul route plan delayed until fall: CART asks for more time to review documentation

The results of interim evaluations on five haul route alternatives to carry up to 1,000 trucks a day from the proposed St. Marys Flamborough quarry were presented Monday at a public information meeting in the Carlisle Arena.

While the aggregate company had planned to recommend a preferred route at the meeting, it delayed its recommendation because members the Hamilton-Halton Combined Aggregate Review Team (CART) wanted more time to review documentation. Jennifer Tuck, policy and planning manager for St. Marys aggregate division, said that since the meeting had already been advertised, the company decided to share information with the public and gather additional input before holding another meeting in the fall.

Read the Full Article (35 KB)

Thursday, June 26, 2008 - Halton Compass
Halton to St Marys: 'Slow Down'

As a commenting agency to the St Mary's application, Halton has held its collective tongue for some time now.

At the June 18 Regional Council Meeting, however, the region finally spoke definatively to the contentious application and the message was succinct: slow down.

Read the Full Article (523 KB)

Wednesday, June 25, 2008 - Canadian Champion
Town voicing concerns about quarry property: Urges City of Hamilton to make sure proposed site free of contamination

Town council is urging the City of Hamilton to not approve St. Marys' quarry applications until its property in northeast Flamborough, near Campbellville, has been deemed free of contamination.

A motion with the request for the neighbouring municipality was passed by town council at its meeting Monday night.

The resolution, brought forward by Ward 3 Councillor Cindy Lunau, comes in response to concerns that've been raised about potential contaminants on the St. Marys site.

Read the Full Article (34 KB)

Tuesday, June 24, 2008 - Hamilton Spectator
Quarry trucks could go through Milton

Consultants say more than 1,000 trucks a day hauling gravel from the proposed St. Marys Cement Flamborough quarry should travel east through Milton rather than west through Flamborough to reach Highway 401.

The No. 1-ranked haul route would send the trucks north on Milburough Line, which forms the Hamilton-Halton boundary, then east on Campbellville Road, north on Twiss Road, and east on Reid Side Road to the 401 just west of Guelph Line.

Read the Full Article (48 KB)

Friday, June 20, 2008 - Canadian Champion
Hamilton putting cart before horse: Best

The Region of Halton has a message for the City of Hamilton that's loud and clear: it's too soon to study haul route options for the proposed St. Marys quarry.

"I feel the City of Hamilton is proceeding with unseemly haste," said Milton Councillor Colin Best at Wednesday's regional council meeting. "They're putting the cart before the horse."

Read the Full Article (41 KB)

Wednesday, June 18, 2008 - Canadian Champion
Quarry haul route review should be halted: Town

The Town is calling on the City of Hamilton to halt its review of a traffic andhaul route study for the proposed St. Marys quarry in northeast Flamborough,near Campbellville.
At its meeting Monday night, the Town's administration and planning committeeendorsed a staff recommendation to that effect.

It asks for the review to cease until environmental and hydrogeology reportshave been provided.

Read the Full Article (36 KB)

Monday, June 16, 2008
Milton Asks Hamilton to Stop St Marys' Haul Route Study and Public Information Centre #4

A staff report going to Milton's Administration and Planning Committee on June 16, 2008 recommends asking Hamilton to cease work on the St Marys' Haul Route Study and to cancel the Public Information Centre (PIC) #4, scheduled for June 23, 2008 at the Carlisle Arena. The report outlines concerns by Milton and Region of Halton staff, along with concerns about the lack of involvement of Conservation Halton. Milton staff are also asking for funding so that they can retain experts to peer review the haul route work submitted by the proponent and its consultants.

The staff report says:

• the haul route study should not be finalized in advance of work on hydrogeology and natural environment in order to allow for a comprehensive review of the application
• Conservation Halton was not included in the review of an April 2008 Baseline Conditions Report or in the assessment of haul route options despite its lead role in stewardship in this area
• St Marys choice of preferred haul route - route #3 (north on Milburough Line from 11th Concession, east on Campbellville Road, north on Twiss Road, east on Reid Side Road, and access to Hwy 401) falls completely within the Town of Milton's jurisdiction. The route's selection was not fully justified. The methodology of how the criteria were assessed and weighted were not provided.
• Milton and Region of Halton staff require outside technical support to assess the social and environmental impacts of the haul route options
• all of these points make going to the stage of a public forum premature.

Read the full report. (1 MB)

FORCE will monitor the staff report's progress through Milton's committee/council process as well as the reaction from Hamilton and St Marys.

Friday, June 13, 2008 - Flamborough Review
McCarthy pitches delay on PTTW to premier

As much as Margaret McCarthy wants the provincial government to hold off on giving permission that would allow St. Marys Cement to conduct water tests on a proposed quarry site in Carlisle, the city councillor wants to know how a file detailing a history of hazardous waste "never saw the light of day."

The Ward 15 councillor discovered a 100-page report that revealed several chemical and environmental infractions at the proposed St. Marys Cement quarry site that wasn't included in documentation given to the Combined Aggregate Review Team (CART), a group that garners opinions and expertise from stakeholder agencies and government.

Read the Full Article (35 KB)

Friday, June 13, 2008 - Flamborough Review
FORCE AGM rescheduled due to meeting mix-up

Friends of Rural Communities and the Environment (FORCE) is rescheduling its annual general meeting to the fall, to accommodate a public information meeting hosted by quarry proponents St. Marys Cement.

FORCE chair Graham Flint though, is disappointed the aggregate company was not as considerate.

Read the Full Article (34 KB)

Thursday, June 12, 2008 - Halton Compass
McCarthy goes to the top over St Marys PTTW

A published report indicating the Ministry of the Environment might be amenable to St Marys' Permit To Take Water (PTTW) application has seen Flamborough Councillor Margaret McCarthy going straight to the top.

McCarty appealed to Ontario Permier Dalton McGuinty, asking him to intervene on the PTTW, citing some 100=pages of past infractions and clean-up orders collected by the MOE and given to McCarthy upon her request.

Read the Full Article (499 KB)

Thursday, June 12, 2008 - Halton Compass
FORCE upset with PIC meeting

The chair of FORCE (Friends of Rural Communities and the Environment) is miffed that St Marys has chosen June 23 as their date for the next Public Information Centre (PIC) meeting at Carlisle Arena.

Graham Flint told the Compass that St Marys has long been aware that FORCE was planning on holding their Annual General Meeting on the same date.

Read the Full Article (499 KB)

Saturday, June 7, 2008 - Hamilton Spectator
Waste records call water-taking into question: councillor

The Ontario Ministry of the Environment is confident that a water pumping test at the proposed St. Marys Cement quarry site can be done safely despite a recently revealed history of illegal waste dumping and burning on the former farm property.

But Councillor Margaret McCarthy, a staunch opponent of the quarry north of Carlisle, says the pumping permit approval process should start over in view of the new information. It shows that insulation was burned off copper cable in a homemade incinerator, septic tank contents were pumped into fields and asphalt shingles, cars, tires and solid PCB waste in drums were found by ministry inspectors.

Read the Full Article (60 KB)