Well known environmental lawyer... 'up to bat' for Richmond before MOE


From the...


Stonebridge reversal may aid village cause as fears of pipeline breaks would threaten rural residential wells

Doug Clark
Free Press Advocate

A veteran environmental lawyer plans to appeal directly to the Ontario Environment minister to stop the Richmond pipeline, a project he says has short-circuited the environmental-study process and circumvented the law.

"I’m certainly saying non-compliance with the (environmental assessment) requirements that I think are applicable …so, I guess that’s true: it would be instances of illegality," Rod Northey told CJOH-TV before turning his attention to the 50 hardy souls who braved the freezing rain to hear him speak at the Richmond Legion.

Northey has been retained by the Richmond Village Association to lobby on their behalf, bypassing the city to go directly to Queen’s Park.

It doesn’t help that no one seems sure how the project came to be. Northey admitted that, based on the partial paper trail he had gathered, he was

 
Environmental lawyer Rod Northey seemed to be assuring his clients with the Richmond Village Association that he too has ‘had it up to here’ with Ottawa ‘Sewergate.’ He plans to appeal directly to the Ontario Environment minister.

confused how the original project — a proposed on-site treatment facility for Munster Hamlet — became a multi-million dollar pipeline under a fragile aquifer and the Jock River to Richmond.

“It’s really a matter of accountability for the community that’s most affected,” he explained, “and right now, what I’m saying is that there have been two communities directly affected by this project, but the need was identified for only one, and somehow, the second one has just been hauled into the middle of it ---without a proper process.”

 
 
Northey admitted that, based on the partial paper trail he had gathered, he was confused how the original project — a proposed on-site treatment facility for Munster Hamlet — became a multi-million dollar pipeline under a fragile aquifer and the Jock River to Richmond.

 
 

He also cautioned his audience — the RVA has retained him to lobby on their behalf — to avoid taking the issue to court, warning them, “The city will do everything it can to bankrupt you.”

Few seemed amused that the city would be using their tax dollars to fight them in any legal arena.

Urging prudence, he set a two-month window for getting the Environment minister to direct a review of the project that Northey predicated was a potential disaster in the making. At least one member of the audience shared that fear of public endangerment, insisting, “This is worse than a ‘Walkerton in the making.”

The RVA is getting financial aid, moral support and political clout from Barrhaven residents and Councillor Jan Harder after helping them stop a proposed pipeline through the upscale Stonebridge subdivision. It was on city water; Richmond residents have shallow wells.

                                             www.FREE PRESS ADVOCATE.ca


 

City's failure to act in the public interest seen as clear “breach of trust”

By OttawaSewergateFiasco.com

Richmond residents, and a few other interested parties from further a field, braved treacherous driving conditions, Tuesday, December 7th, (Notice of Meeting) to hear straight talk from an expert on the Environmental Assessment Act, lawyer Rod Northey (from the Toronto/Ottawa firm of Birchall Northey), stating that... not only was the Munster Environmental Assessment very improperly conducted, but that there have been “instances of illegality”, as well.

Residents asked many intelligent and specific questions of Mr. Northey. The answers to many of these questions may be viewed in the shaded Q&A box, below.

Other residents voiced their concerns and profound distrust of the city’s pressure sewer line 'agenda', threatening their vulnerable aquifer. They are convinced that this outcome will be worse than the Walkerton scandal if the the pipeline is not put on hold by MOE ---until a proper investigation of the EA irregularities is conducted by the Minister, to expose the facts that the EA process was improperly conducted, and that MOE approvals were inappropriately gained by the city providing false information to MOE.

An honest Environmental Assessment would have clearly demonstrated that a sewage forcemain through Richmond's shallow potable water supply would pose an unacceptable level of constant risk to the health of residents, and create a level of public endangerment that is totally inappropriate, especially in light of there being a 100% safe alternative --an on-site treatment plant--- available for Munster, at much lower cost to taxpayers.

 
 
"...There are councillors who admit to being led into making the wrong decision on this, because they were not informed about all of the Richmond/Glen Cairn forcemain breaks, or on many other facts."

                                                                                          -Munster area resident, Richard Bendall


 
 

Munster area resident, Richard Bendall, put it bluntly, "It’s all about accountability, and we’ve learned that there are councillors who admit to being led into making the wrong decision on this, because they were not informed about all of the Richmond/Glen Cairn forcemain breaks, or on many other facts. We also know that there were a lot of mis-facts, misrepresentations, given from the city to MOE.

If the MOE does not ultimately see this our way, it is going to be wearing the responsibility for this problem, just as much as the city is."

He added, "Let’s keep things in perspective ---and do what has to be done--- in order to protect and provide safe drinking water in our communities. What’s another --mere-- $4-million, (on top of the already-wasted $30-million), to ensure that a safe on-site treatment solution keeps 100% of  Munster’s sewage out of Richmond’s drinking water?"

One has to wonder, "What is the value of a child's life these days?" ---to our ward Councillor?
---to our Mayor? ---to our Chief Medical Officer of Health ? ---to our Provincial Environment Minister?

By surveying the worried faces at the meeting on Tuesday, it was apparent that concerned Richmond residents are all anxiously wondering: "Who will be first public official with enough backbone, to take the proper action to prevent loss of life, in this matter?"

So far, NONE of the, above, public officials have shown any interest!

 
 
"It seems strange how the current mayor, after eight years of neglecting rural businesses and rural citizens of the city, has suddenly discovered they exist ---yet, has done nothing to resolve the looming water-pollution catastrophe in Richmond."

                                                                                 - Brian McGarry, former Ottawa Councillor


 
 

One meeting attendee asked, "Who benefits from the decision to go with the pipeline, anyway?" Another resident in the audience emphatically replied, "Follow the money!"

Doug Arnold, is one of several Richmond and area residents who have begun doing just that, by asking probing questions in a variety of jurisdictional arenas, beginning with the city bureaucrats and politicians, themselves. (Eg.: See #4, of Letter to Councillor, Janet Stavinga.) Some disquieting links and patterns are starting to emerge ---none of which have anything to do with serving the public interest: (i.e.: protecting health, helping the environment, or saving tax dollars.)

OTHER GUESTS

A strong advocate for rural Ontario, MPP John Baird ---in session at Queen's Park and unable to attend--- was represented by his Executive Assistant, Chris Froggatt.

Mr. Baird has been working diligently for some time with the Richmond Village Association on the Munster forcemain issue and continues to bring the concerns of Richmond residents directly to the Minster of the Environment and her staff.

Former Ottawa councillor, Brian McGarry, who, many times, has expressed his support for Richmond resident's battle to protect their drinking water source from the city-caused threat, was also present at the meeting. He noted, in a conversation with residents afterwards, that no community should have to "fight" to protect their own health from such bureaucratic and political incompetence. He also noted that, "It seems strange how the current mayor, after eight years of neglecting rural businesses and rural citizens of the city, has suddenly discovered they exist ---yet, has done nothing to resolve the looming water-pollution catastrophe in Richmond".

Representatives of the South Nepean communities of Hearts Desire and Stonebridge, as well as member-representatives of the Friends of the Jock River, the City of Ottawa Environmental Advisory Committee, and the Trail Road Leachate- Public Liaison Committee were also present to lend their moral support for the Richmond Village cause.

Conversations continued long after the meeting was adjourned.

 

 

Attendees' QUESTIONS  -  Rod Northey's ANSWERS

     
 
 
Q: What is your objective?
   
A:

 

 

What I’m trying to do is alert the Ministry of Environment about what’s going on, and to try and engage them in leveling the playing field ---if I can put it that way--- to get their attention, and have them enforce the laws they have created.


 
 
Q: Has the Environmental Assessment process not been followed?
   
A:


...There have been two communities directly affected by this project, but the need was identified for only one, and somehow, the second one has just been hauled into the middle of it ---without a proper process.
   
  ...Under the statutory framework, you are not allowed to proceed with a sewage works unless your Environmental Assessment approval has been followed, unless you have complied with the Environmental Assessment Act.
   
  ...Nobody, including the OMB process, has compelled the proponent to go back and comply with what the Class EA says you’re supposed to be doing.

   
 
Q: Could this be a case for a Class Action Suit?
   
A:
 
 
 
 

 

 

Were you have actors that have been given full warning, and they cause damage, you are in the league of what a class action is supposed to address. And are there class actions against municipalities and public authorities in Ontario? Yes, there are. So, that is certainly an area that can be pursued. I’m not the one to do it. That’s not my expertise. But, in terms of just basic rights, the way you can think about Ontario law on this, is that you are supposed to ---if you are an existing user of water resources--- have that use protected in some way, shape or form.

If the government has been put on notice that you’re concerned, and never-the-less approves some action after having been told that that action threatens your use, then that government is part of the problem as much as the person that did it.

 
 
   
Q: Have there been illegalities committed throughout this process?
   
A:



I’m certainly saying non-compliance with the requirements that I think are applicable …so, I guess that’s true: it would be instances of illegality.
 
 
 
 
Q:
 
 
A:

 

Was the City not required to do a hydro-geological study, in order to proceed with a sewage forcemain in Richmond?
 
The Ministry guideline for sewage works applications does say, explicitly, that where a sewage works raises any hydro-geological issue, there should be a report to address that. And my understanding is that there has been no such report.
   
 
 
   
Q:



Several wells in Richmond are now inside the minimum distances, set out in the Building Code, between the new forcemain and these specific private wells. Can the city simply ignore the Code?
 
A:








The short answer is, I don’t know of any way, absent some exception in the Building Code itself, for the city or any municipality subject to it ---any proponent--- to except themselves. So, if you can’t find the answer to your concern, in the Code, I would say the logical answer is that they can’t do what they’re doing.

It’s called a “Code”, and I think that’s probably the operative word. What it means that it’s supposed to be complete. You don’t have to go somewhere else to figure out what it means. So, you would appear to have an issue. …but that’s the theory of that Code, is that it’s the bible for this stuff  …if you can’t find an exception in it, it isn’t there.

   
 
 
   

(Editor's Note: More Q&As and meeting highlights will be added in the next few days. Please view again later.)       

 

 

 

Related Articles and Links:

MOE response to water fears has lunatics running asylum - Free Press Advocate- Dec/04

Trail Road pipeline stopped, on-site solution chosen to allay contamination fears

Ottawa's "Sewergate Scandal" spotlighted by the FREE PRESS ADVOCATE


 

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