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HomeMy WebLinkAboutApril 29, 1999 - Public THE CORPORATION OF THE MUNICIPALITY OF BAYHAM SPECIAL PUBLIC MEETING P.O. Box 160, 9344 Plank Road STRAFFORDVILLE, ONTARIO Thursday, April 29th, 1999 7:00 p.m. in the Council Chambers RE: Soil Conditioning of Lands—Organic Resource Technologies Inc. Willy Rycquart Property, Part Lots 7, 8 & 9, Concession 6 (Jackson Line) A special public meeting was called by Mayor Max Stewart on Thursday, April 29th, 1999 in response to the concerns expressed by area residents with regard to the application of organic material on farmland owned by Willy and Barbara Rycquart, being Part Lots 7, 8 and 9, Concession 6 on Jackson Line. Present were Mayor Max Stewart, Councillors John Nezezon and Cliff Evanitski, Administrator/Treasurer Lynn S. Buchner, Co-ordinator of Planning Maureen Beatty and Chief Building Official Dwayne Daniel from the Municipality of Bayham. Also present were Brian Van Opstal, Organic Resource Technologies Inc. and Dr. P. Voroney, University of Guelph, David Thompson, Ministry of Environment, London District Office, Willy Rycquart, property owner, Peter Johnson and John Johnson from the Ministry of Agriculture, Food and Rural Affairs and several concerned residents. 1. CALL TO ORDER Mayor Max Stewart called the meeting to order at 7:05 p.m. 2. WELCOME AND INTRODUCTIONS Mayor Stewart welcomed everyone in attendance and read the following prepared statement which provided an overview of the situation: "For the benefit of those in attendance tonight who are not aware of what has transpired with this situation, I'm going to take a few minutes to give you an overview. Last year, Mr. Brian Van Opstal, of a company called Organic Resource Technologies Inc. was granted a Certificate of Approval by the Ministry of Environment which expires on May 26, 2003 for storage and application of organic material as a soil conditioner on lands owned by Mr. and Mrs. Willy Rycquart on Jackson Line, west of Plank Road, subject to several conditions. Prior to this, in 1997,Mr. Van Opstal and Mr. Rycquart had approached Council and provided written information about the technology. They appeared before Council on several occasions and asked that we consider the material to be agriculturally related We had contacted various government agencies and other municipalities about the proposed use, which included representatives of the Biosolids Utilization committee, Ministry of Agriculture Food& Rural Affairs (both the soil and crop advisory and Resource Regulations Branch, the Ontario Federation of Agriculture,Ministry of Environment,Nation Township, United Counties of Prescott& Russell In a letter received in May, 1998 from the Ministry of Agricultural Food&Rural Affairs, it was stated that the Ministry considers agricultural use of the waste to be acceptable as a soil amendment material and that the waste material contains nutrients and organic matter which are beneficial to crop production, soil enhancement,poses no risk to the environment and plant, animal and human health if managed in accordance with all applicable environmental guidelines and regulations. However, we were advised that it is non-farm waste which must be managed in accordance with the provisions in the General-West Management Regulation. Therefore, while not a normal fanning practice, it is an acceptable use. SPECIAL PUBLIC MEETING 2 April 29, 1999 MINUTES 2. WELCOME AND INTRODUCTIONS (continued) Only after considerable research and consideration, last May, Council passed a resolution stating that it is satisfied that the proposed soil conditioning use is agriculturally related and is prepared to permit the use on the site conditional upon a Certificate of Approval being granted by the Ministry of Environment There was never any question that the material would create some odour, as does any type of manure operation, but what was experienced last year was extremely offensive and has caused a great deal of concern to Council as well as the area residents. Last December a special meeting was held in response to complaints about the odour which resulted from the storage and spreading of the organic material on the Rycquart land Brian Van Opstal apologized for the events which occurred and said that the strong odours were caused for a couple of reasons. The storage tank was utilized before a roof was installed The material was to have been disked into the soil within 12 hours of spreading as a condition of the Certificate of Approval, but there wasn't sufficient tractor power on site to complete the task so the material laid on the ground for many days. Residents have continued to be concerned about not only the odour, but the environmental impact of the material and the truck traffic in the deliveries to the storage tank The purpose of this meeting is to hear from Brian VanOpstal as to what action has been taken to ensure that the offensive odour is not repeated for the next scheduled spread or any subsequent spreads and to answer any questions that residents have about the material. I would now like to introduce to you several people who are in attendance, they are: Members of Council—Councillors John Nezezon and Cliff Evanitski Municipal Staff-Lynn S Buchner,Administrator/Treasurer and Maureen Beatty, Co- ordinator of Planning Organic Resource Technologies Inc --Brian Van Opstal and Dr. P. Voroney of the University of Guelph Ministry of Environment—David Thompson Ministry of Agriculture, Food and Rural Affairs, Peter Johnson and John Johnson First we will hear from David Thompson of the Ministry of Environment to provide us with an overview of the Certificate of Approval process, the conditions of approval, monitoring and enforcement methods to ensure the Certificate of Approval conditions are complied with. Next we will hear from Brian Van Opstal about what measures have been put in place and will be taken for spreading to reduce the impacts. This will be followed by a question period where you will be given an opportunity to address specific questions to individuals. At that time, I ask that you stand and give your full name before stating your question. Mr. Van Opstal was provided with a list of questions to address in writing and those responses have been provided and copies are available for you at the delegation table" SPECIAL PUBLIC MEETING 3 April 29, 1999 MINUTES 3. PRESENTATIONS (1) As Mr. Arved Neumann had requested to be a registered delegation, Mayor Stewart asked him to come forward and make his presentation first. Mr. Arved Neumann, representing the "Action Committee For a Safe and Clean Environment"read from a prepared statement and thanked Council for holding the special public meeting. He stated that he lives on Jackson Line and Council's decision has created far reaching consequences for all of them. They objected to Council for allowing the material to be hauled to the site and the establishment of what they consider to be a garbage dump without the benefit of a public hearing. He stated that the material was a source of pollution which could be detected two miles away in Straffordville. Further, they object to having a Toronto company dumping its garbage in Bayham. The landowner showed total disregard for safety. At this point he stated that the Ministry of Environment should be safeguarding the environment and public health, yet Mr. Thompson indicated he could not provide any guarantee. He requested that meaningful third party monitoring be permitted to review toxicity etc. He was also concerned about accountability for damages, particularly with regard to the potential for polluted wells. He stressed that he was concerned about his own health and demanded that the operation be shut down. (2) David Thompson,Ministry of Environment reported that the approval process for"organic food processing" and wastes from municipal sewage sludge are similar. The Ministry has a checklist approach to assure crop benefit without health or environment impacts. In 1997,the company provided the Ministry with samples of the soil and type of waste. Anyone wishing to use this type of organic material consisting of fats, oils and greases must have the matter reviewed by a Biosolids Committee comprised of representatives from the Ministry of Agriculture and Food,the Ministry of Environment and University of Guelph. All information must be provided up front to this Committee who examine whether it is beneficial to the soil and crop without creating a risk to the environment. They determined the material to be an acceptable use and they also made statements about the application rates. The Ministry then checks with the municipality in order to determine if the type of use permitted and as a sounding board for anything else. The Ministry received written confirmation from Bayham that the use was considered to be agriculturally related. Therefore, a Certificate of Approval was issued in May, 1998 as a"licence to operate". Some of the matters set out in the approval are the application rate so that the application is not over-applied. There is also a monitoring section which requires the company to monitor the waste, including soil testing. This information is provided to the farmer and the Ministry in order to make sure that the guidelines are not being exceeded. An annual report must be filed with MOE. Also, material can't be spread when heavy rains are forecast, application is to be spread evenly and incorporated into the soil within twelve hours of spreading. Also, setbacks from watercourses, wells, dwellings are applied and the MOE must ensure the application is in accordance with the terms and conditions. An inspection of the tank is undertaken after construction. The ministry responds to public complaints. If another agency has questions about the use, for example, Ministry of Agricultural Food and Rural Affairs, or the Ministry of Health, they may review the annual report and can visit the site, review the records etc. In the case of the Rycquart application, there were odour complaints, however, Mr. VanOpstal has put forth some proposals to the Ministry which seem reasonable. SPECIAL PUBLIC MEETING 4 April 29, 1999 MINUTES 3. PRESENTATIONS (continued) He pointed out that prior to issuance of the Certificate of Approval, he consulted with colleagues in other areas about any complaints received, pollution problems and it was confirmed that they had received no registered complaints. A condition of the approval requires the company to take action if ordered to do so by an on scene provincial officer. The Certificate of approval expires in May, 2003 and a decision is made by Mr. Rycquart and Organic Resource Technologies Inc. whether they wish to continue with the site and would make the application for renewal accordingly. He stated that gross non-compliance which violates the Environmental Protection Act can result in a decision by the Minister to revoke the Certificate and the owner has the right to appeal a decision to revoke. (3) Brian VanOpstal, Organic Resource Technologies Inc. provided a brief outline of the company for the benefit of those individuals who had not attended the previous meeting on December 18, 1998. He stated that the company has been in existence for fifteen years providing waste management services for food, restaurant, grocery stores, and food processing industry and they do not handle hazardous or bio hazardous chemicals. The company collects the material and historically used to landfill it. One of the principles of the company with an agricultural background, Dr. Voroney of the University of Guelph saw the benefits of utilizing the clean organic material for soil conditioning. He stressed that the company has never received any complaints about any of its other approved locations. Last year, during the spread on the Rycquart property, there was a serious odour problem which had not been experienced in the past and they did not comply with the conditions of approval with regard to the material being disced into the soil within twelve hours. He stressed that it was not the way they run their program. The property owner didn't have sufficient power to get the material incorporated into the soil. He assured residents, this would not be repeated. To date,the roof has been installed and the tank will remain covered during agitation. They will ensure that two tractors with tillage equipment are in the field before soil conditioner is applied and if any breakdown occurs, they will stop. They will ensure all material is incorporated within the twelve hour period. They have completed soil analysis to ensure the nutrient balance in the field is adequate. He stressed they are trying to return a clean organic material to the soil which is depleted. In response to previous comments made, Mr. VanOpstal announced that Mr. Rycquart does not receive payment for the material, all he receives is the organic material. 4. QUESTIONS FROM THE FLOOR 1) Councillor Cliff Evanitski asked about the monitoring process and what stage samples are taken. David Thompson responded that soil samples are taken in the field and after material is applied. Brian VanOpstal added that an analysis is taken of every field with each application. Samples of the material are also taken at the collection end. SPECIAL PUBLIC MEETING 5 April 29, 1999 MINUTES 4. QUESTIONS FROM THE FLOOR (continued) 2) Karen Neumann asked about the inflated domed roof and what precautions had been taken if the hydro is off for an extended period of time. Brian VanOpstal indicated that the roof is designed with a centre bar to deflate if power is shut off and it will not fall into the pit. Once power is restored, the roof simply inflates back into place. 3) Councillor Cliff Evanitski asked why the cover contains a warning sign about toxic fumes and gases. Brian VanOpstal stated that the cover is manufactured primarily for manure storage tanks where hydrogen sulfide and methane gas are present. The organic tank does not generate methane gas and only a small amount of hydrogen sulfide. 4) Linda Smith expressed concern about the presence of cleaning chemicals used in restaurant kitchens to clean grills and the dangers of these chemicals mixed in with the organic material collected. She asked if any testing is done for the presence and levels of these types of chemicals. She stated that she would be testing her water and if any chemicals are found, she will be contacting the Ministry of Environment. Brian VanOpstal responded that most cleaning compounds are water soluble and they don't test because typically they can be decomposed in the soil. David Thompson added that industrial drain cleaners are diluted and all of the waste goes into a septic tank where it is further diluted. Peter Johnson, Ministry of Agriculture stated that if you think about chlorine bleach which is diluted into a swimming pool, chlorine bleach turns to chloride in soils rapidly and is extremely inert in the environment. In its concentrated form, it is hazardous. 5) Councillor Cliff Evanitski asked if soil samples were taken after the last spread in December 1998 and if chemical testing had been done. Brian VanOpstal responded that two samples were taken this spring and that an agronomic analysis is undertaken, not an analysis of hundreds of compounds. 6) Robert Gregson asked what was tested and whether blood and meat exists in the organic material. Brian VanOpstal stated that basic fertility and nitrate testing is completed and results were forwarded to Willy Rycquart and the Ministry of Environment. He indicated that the hand out sheet contained a typographical error and that blood and meat does not exist in the organic material. Robert Gre2son questioned whether the allowable amount of material to be spread on the acres in a calendar year had been exceeded. He cautioned the Ministry of Environment to check its figures. David Thompson responded that the company submits the annual report to the Ministry and he asked if Mr. Gregson was suggesting that false information was being submitted to the Ministry. Brian VanOpstal added that they would have no reason to exceed the limit of material to the soil as it would not be beneficial to the soil and crop. Robert Gre2son indicated that he would like to see a copy of the test and monitoring results. 7) Diane McQuiggan directed her remarks initially to David Thompson of the Ministry of Environment stating that she didn't believe the certificate of approval would be revoked without endangerment or lost lives. She cautioned that nobody would be taking financial responsibility if a hazard occurred and at that point, it would be too late. She stressed that Council had approved the tank without anyone being aware of it. She asked that at the end of five years, when Mr. Rycquart considers requesting an extension that the matter first be brought before the residents. SPECIAL PUBLIC MEETING 6 April 29, 1999 MINUTES 4. QUESTIONS FROM THE FLOOR (continued) 8) Ed Nelson asked if the material would be tested before it is applied to the soil. Brian VanOpstal replied that they take samples when the material is agitated before it is applied. Ed Nelson asked about what setbacks are imposed. David Thompson responded that the setbacks are 90 m from a residence, 15 m from a drilled well, 90 m from a dug well and 100-200 m from a watercourse, depending upon the slope. Ed Nelson referred to previous comments about the fact that the material was not a fire hazard in the absence of hydro. He asked if there was any possibility the material could explode and whether there was any fear about water contamination and the likelihood of contaminants from water tested in a nearby residence today and in six months. Brian VanOpstal responded that the material is mostly water and organic carbon. He stressed that there are other factors which could contaminate water from agricultural uses, manures etc. 9) Arved Neumann addressed Mr. VanOpstal and stated that it appeared that he wasn't sure of some of the facts. The residents must live with the tank and to them it is "just garbage". He asked if Mr. VanOpstal thought it was reasonable for them to believe him and the analysis. Brian VanOpstal responded that they can only run the program the best way they know how. He stressed that they have been completely open, they can provide the results of testing to the municipality. He pointed out that the tests are undertaken by an accredited third party laboratory. He added that they are trying to improve Mr. Rycquart's soil in a responsible manner. Arved Neumann asked David Thompson why he had twice advocated for the company and the farmer, but not for the public. David Thompson pointed out that he is a civil servant who is provided with provincial legislation to work with. 10) Diane McQuiggan referred to a question raised at the previous meeting about a test site and asked if the site was still in operation. Brian VanOpstal replied that the farm has been sold and the tank has been shut down. 11) Karen Neumann asked if the material was considered to be agricultural or industrial. She objected to industrial waste and the fact that the residents are being asked to defend their concerns. Brian VanOpstal replied that the material is neither agricultural or industrial. David Thompson indicated that there are a lot of materials designated as "waste" because they pose immediate hazards. Other materials are way down on the hazard scale but have to be handled in a certain way. 12) Linda Berry asked whether tests are done ahead of the spread and how often spreading would occur. She asked if the residents have the right to request test results before the spread. Also, who she should approach to get test results. Brian VanOpstal said that testing is done ahead of time, but the results won't be done until after the spread. However, historically, there is very little change in peramater. David Thompson added that she could ask the company for test results or request a copy from the Ministry of Environment. Further, a lot of up front testing was done already and there's a large amount of data available. Brian VanOpstal reiterated that the company tests and monitors and the characteristics do not change over time. The same approach of analysis is applied to companies who spread sewage sludge. 13) Councillor John Nezezon asked if test results could be provided to the municipality. SPECIAL PUBLIC MEETING 7 April 29, 1999 MINUTES 4. QUESTIONS FROM THE FLOOR (continued) 14) Linda Berry asked why the Ministry of Agriculture had not been involved. Peter Johnson stated that he was in attendance representing the Ministry of Agriculture who has expertise in the area of organic amendment. 15) Barbara Locker asked how many other sites were operating on farms. Brian VanOpstal, responded five other sites. 16) Fred PiIkev stated that he was scared because there isn't any municipal by-laws in place to regulate this use. Also, it's within 30-40 feet of a creek. He's also concerned about the tank construction and the possibility of a crack. He stressed that it is reasonable to ask for sample results and that Council should be obligated to provide information. 17) Robert Gregson asked what the process would be if there is a violation as he suspected last year, there was too much material spread on too little acreage. David Thompson stated that the Ministry can press charges if there is evidence of an absolute offence. If the company fails to take measures to control odours, an Order to Fulfil can be made. The Ministry would have to determine if the application rate has been exceeded and must rely on the records that are kept. Peter Johnson stressed that common sense should prevail, the right application rate is absolutely good. From an agricultural standpoint, the Ministry of Agriculture thinks it has a safe use for soil conditioning as opposed to landfill or it wouldn't be condoned. 18) Allan Spicer stated that he is in the crop consulting business and made reference to a dairy farm where chemicals are flushed into manure tanks using a high concentration of chrlorine and spread onto the fields. Mayor Stewart pointed out that he visited a site in the morning where spreading was taking place and had no complaints. 19) Jenny Grandbois asked why anyone would want to put the material on the their land. She stated that she was delivering mail last year, and the odour caused her to gag. She questioned how anyone on the area could sell their properties. 20) Arved Neumann indicated that he was still concerned and stated that"we have had a snow job done onus". In closing, Brian VanOpstal announced that they would be spreading on Tuesday, May 4th . Mayor Stewart stated that there was no question, the odour last December was terrible and he is agreeable to allow the company an opportunity to continue with the planned improvements. ADJOURNED: 9:01 p.m. _ AileaS =• � MAYOR D 'J U CLERK N