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

Stonebridge reversal may aid village cause as fears of pipeline
breaks would threaten rural residential wells
Doug Clark
Free Press Advocate
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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
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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.
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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.”
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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.
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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
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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.
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"...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
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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!
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"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
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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.
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Attendees' QUESTIONS - Rod Northey's
ANSWERS
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Q: |
What is your
objective? |
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A:
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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.
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Q: |
Has the Environmental Assessment process not
been followed? |
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A:
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...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. |
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...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. |
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...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.
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Q: |
Could
this be a case for a Class Action Suit? |
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A:
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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.
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Q: |
Have there
been illegalities committed throughout this process? |
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A:
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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.
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Was
the City not required to do a hydro-geological
study, in order to proceed with a sewage forcemain
in Richmond? |
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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. |
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Q:
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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?
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A:
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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.
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(Editor's Note: More Q&As and meeting highlights will be
added in the next few days. Please view again later.)
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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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