HomeMy WebLinkAboutDecember 18, 1998 - Council COUNCIL MINUTES
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
SPECIAL MEETING
P.O. Box 160,9344 Plank Road
STRAFFORDVILLE, ONTARIO
Friday,December 18, 1998
10:00 a.m.
A special meeting of Council of the Municipality of Bayham was held at 10:00 a.m. on
Friday, December 18, 1998 in the Council Chambers with concerned residents, a
representative of Organic Resource Technologies Inc. and a representative of Ministry of
Environment regarding the agricultural soil conditioning project on property described as
Lots 7, 8 & 9, Concession 6(Willy&Barbara Rycquart). Present were Mayor Max
Stewart, Councillors David Mason and John Nezezon, Administrator/Treasurer and
Deputy Clerk Lynn S. Buchner, Co-ordinator of Planning& Community Services
Maureen Beatty, Fire Chief Sam Taylor and Chief Building Official Dwayne Daniel.
Deputy Mayor Jack Petrie and Clerk Lynda Millard were absent.
Also present were Brian Van Opstal, Organic Resource Technologies Inc., David
Thompson, Ministry of Environment, London District Office, Willy Rycquart,property
owner and several concerned residents.
1. CALL TO ORDER
Mayor Max Stewart called the meeting to order at 10:00 a.m.
2. DISCLOSURE OF PECUNIARY INTEREST AND THE
GENERAL NATURE THEREOF
There was no disclosure of pecuniary interest and the general nature thereof.
3. DELEGATIONS
(a) Brian Van Opstal, Organic Resource Technologies Inc. began his presentation
by apologizing for some of the events which had occurred on the subject property
since December 9th, 1998. He never intended for the program to operate in such a
manner that would cause so many residents concern about the odour and he
explained the circumstances. He stated that his company has operated for ten
years in the business of collecting fats, oils and greases from commercial and
industrial sources for the purpose of conditioning agricultural land, particularly
farmland with sandy soil. He had approached Mr. Rycquart with the idea of
applying the soil conditioning to his farm, made the necessary application to the
Ministry of Environment and approached the Township of Bayham with the
proposal. He added that the severe odour has never before been present at any of
their other approved sites and the contributing factors in Bayham were:
i) The storage tank was utilized before a roof was installed which was an
error in judgement. A roof is currently being fabricated and will be
installed by January 15th, 1999. The tank was utilized because Mr.
Rycquart was anxious to apply the material to his fields this year. They
had never experienced a similar problem with any other tanks which are
usually uncovered. In fact, covers were only introduced the previous year.
SPECIAL COUNCIL MINUTES 402 December 18, 1998
3. DELEGATIONS (continued)
Brian Van Opstal, Organic Resource Technologies Inc. (continued)
ii) In accordance with the Certificate of Approval issued by the Ministry of
Environment,the material must be incorporated into the ground within
twelve hours of spreading. What happened here was they didn't have
sufficient tractor power on site to complete the task within the required
time period.
iii) Additionally,the method of incorporation(disk or chisel plough) didn't
seem to do a sufficient job. They have fried a more vigorous disk and it
seemed to be more effective. A method of injecting into the soil is also
being considered.
In response to concerns expressed by residents, they have temporarily erected a
fence and will install a locked gate by Saturday,December 19 at the latest.
In summary, Mr. Van Opstal stressed that they try to respect everyone's interests
and don't want to be bad neighbours. They don't want any ill will towards Mr.
Rycquart as his goal is to improve his soil. Mr. Van Opstal agreed to suspend
deliveries to the tank until the roof is installed.
(b) Bob Berry,spokesperson for concerned residents presented a petition
comprised of 192 signatures from 200 residents approached. He read aloud the
petition as follows: "We, the undersigned protest and condemn in strongest
terms, the storage and utilization of liquid organic wastes from Toronto and
other Ontario municipalities on the Jackson (5") Line. We believe that the
health and well being of the community has been put at risk! We believe that
the council does not have the right to approve the storage and use of organic
garbage from Toronto and other municipalities in our community without
public consultation. We demand that the blue tanker trucks stop rolling in. We
want this stink stopped now!"
He added that the timing of the meeting was detrimental to the concerned
residents and that an evening meeting should be held in order to give others an
opportunity to voice their concerns. Additionally,the company should not have
been given permission to spread organic waste on the soil as it is not agricultural
waste. He demanded that the operation be shut down until all concerns have been
addressed and that a by-law be enacted to ensure that residents have proper and
sufficient input.
B. Berry asked if the material contained ecoli, salmonella or like bacteria and
whether content was monitored. Further, who would be responsible if
groundwater was contaminated. Brian Van Opstal responded that to his
knowledge there was not a specific standard for ecoli and salmonella. In 1997,
his firm conducted a study of material to determine if colonies of organisms were
evident and he didn't believe they found any salmonella,the results of organism
testing was negative. The results were compared to what you would find in
sewage treated sludge and the organic waste material was hundreds of times
lower. In response to Mr. Berry,he stated that his company could put a procedure
in place to undertake periodic sampling of soil.
B. Berry insisted that the material still poses some hazard and D. Thompson,
Ministry of Environment agreed that there is some degree of hazard. He pointed
out that the element of pig manure coloform is hundreds of times higher. Further
that Willy Rycquart would be responsible if groundwater was contaminated.
SPECIAL COUNCIL MINUTES 403 December 18, 1998
3. DELEGATIONS (continued)
(c) David Thompson, Ministry of Environment
D. Thompson did not make a formal presentation, but responded to individual
questions throughout the meeting. He indicated that he undertook a site
inspection and that the Ministry maintains the right to take samples. He noted
that the material is classified as a waste because there are certain restrictions
applied,however, it is beneficial to agricultural land. Approvals of this nature
usually are inspected once or twice every year, whereas landfill sites are inspected
four times per year. However,his practice has been to inspect when he is in the
area. As a result of a question asked by Mr. Lee Locker,he agreed to provide him
with the setback requirements.
(d) Willy Rycquart,Property Owner did not make a formal presentation,but
responded to individual questions throughout the meeting
4. GENERAL DISCUSSION
At this point,Mayor Stewart invited residents in attendance to ask questions.
L. Berry asked where other similar facilities were located and questioned how the
company could have sufficient time to study long term results at the University of
Guelph when they have only been in business for ten years. She expressed
concern about the level of odour that can be expected in the summer months.
B. Van Opstal responded that sites are located in Brunner, Highway 19 north of
Stratford,north of Toronto near Bradford, Casselman in Ottawa Valley. He stated
that ten years is a sufficient time period to examine soil characteristics which
continues to be studied. Further,the odour would not be worse in the summer
months. He couldn't guarantee there would be no odour,however,their goal is to
ensure that the odour is not worse than manure and is over the day it is applied.
B. Vanderpas stressed that the strong odour could be detected from many miles
away and she was very concerned about the effect it would have on property
values.
B.Gregson indicated that he would be personally monitoring the situation and
asked for clarification of the size of the tank,volume of material and frequency of
spreading. He also asked about the nutrient content of the material. He
recommended that when applied,the material be injected into the soil to a depth
of 8-9 inches. With regard to the intake pipe,he expressed concern about the
present practice of filling which appears to re-agitate the material. He asked to be
informed about how often the tank can be filled and emptied.
B. Van Opstal responded that material can only be applied in the spring and fall
and the amount of material is specified in the Certificate of Approval which
limits application to a number of acres (4000 gallons per acre). At the time of
spreading on December 9th,there were 300,000 gallons of material in the storage
tank. The tank is 90 feet in diameter and twelve feet deep for a total capacity of
380,000 gallons. He agreed to notify the municipal office of the planned dates for
spreading as it must be co-ordinated.with Mr. Rycquart's farming activities. He
added that they are currently discussing the injection method with individuals
who have the necessary equipment for this type of incorporation. He stated that a
hose is now attached to the tank which allows them to fill from the bottom as
opposed to the top. He noted that in a litre of material, (FOG, fats, oils, greases),
70-80% is water and 20% is solid material.
SPECIAL COUNCIL MINUTES 404 December 18, 1998
4. GENERAL DISCUSSION (continued)
E. Nelson asked if nutrient levels were taken before the material was applied. He
expressed concern about the harmful effect this product would have on animals,
particularly deer which have been seen grazing in the fields. He expressed
concern about why the material was being transported before a domed roof was in
place. Also,he asked if the company would be willing to contribute to the repair
of the roads as a result of their frequent deliveries. Another major concern was
the possibility of the material catching on fire.
B. Van Opstal responded that samples are taken regularly.
D. Thompson responded that material is not flammable as it is mostly water.
L.Locker asked for a copy of the certificate of approval and an explanation of
the steps that were taken by the company and Mr. Rycquart for the approval,what
training is required for the operation and specific details about monitoring. He
expressed concern about creek, water and pond contamination.
D. Thompson stated that the approval process requires an application from the
company giving specific details about where and how the product will be applied
and submission of sample results. Although no formal training is required, the
data must be provided from qualified individuals in the field. He stressed that the
company is held responsible for complying with the conditions of the certificate
of approval. He agreed to provide Mr. Locker with the setback requirements.
W.Rycquart added that he maintains a 10-15 foot grass strip on the perimeter of
every field.
L. Johnson asked if there was a list of contributors to the FOG material and
whether the Ministry was aware of the names. He was concerned about what type
of gases were produced from the product and asked if there was any way of
treating the odour. He asked if the odour would negatively affect people with
respiratory conditions.
D. Thompson responded that if they had any concerns about content,they could
investigate the contributors. Further,to his knowledge,there was no negative
affect on individuals with respiratory conditions.
B.Van Opstal added that they have done some work in the area of reducing
odours and are continuing to study the situation.
D. McQuiggan asked where the first test site is located and whether it is still
being monitored. She also questioned if the product would be marketed to all
farmers. While she applauds efforts to divert waste material from landfill sites,
she was very disappointed that the area residents were not aware of the proposal.
She asked if the material would contain any waste from the slaughter industry.
B.Van Opstal responded that the first test site was at the University of Guelph,
Elora Research Station which is still being monitored. His company can only
manage a certain amount of material as their service area is from Ottawa to
Windsor. He noted that poultry sludge, but no raw meat is included in the
product.
B. Locker stated that she had never smelled anything more obnoxious or
offensive and she found it hard to believe it was not detrimental to the ground.
L.Mueller insisted that she would not tolerate the odour in the spring and fall.
D. Thompson stated that the company was questioned about why the odour was
so strong and asked what could be done to resolve the situation. Once the roof is
installed,the odour should be controlled as it will also contain a layer of sawdust.
SPECIAL COUNCIL MINUTES 405 December 18, 1998
4. GENERAL DISCUSSION (continued)
J.McQuiggan asked if there was a municipal by-law to regulate manure pits
which would require security fencing. In the absence of a fence or roof,he
questioned why the company was permitted to fill the tank when the building
permit was not in compliance. He also suggested that the municipality should
have stopped the tank from being filled. He asked if a commitment could be
received from the Ministry to be in attendance when material is spread to ensure
compliance.
D.Daniel, Chief Building Official responded that an Order to Comply had been
issued with regard to the roof and he was in receipt of a letter indicating that a
roof had been ordered and would be installed on or about January 15th, 1999.
Mayor Stewart responded that the operation should have ceased until the tank
was in full compliance. He added that the municipality was led to believe it was
similar to a manure storage tank.
M. McQuiggan suggested that residents be compensated for their decrease in
property value.
D. Thompson stated that he would make every reasonable effort to attend the site
when material is applied to ensure compliance.
M. McQuiggan asked if the material was considered to be agricultural or
industrial and suggested that he be compensated for loss in property value.
D. Thompson indicated that the material is classified as a waste because of
certain restrictions,however, it is beneficial to the agricultural land.
J. Nezezon stressed that the municipality doesn't have any jurisdiction over the
certificate of approval and the Ministry of Agriculture has stated it is an
acceptable practice.
W. Rvcquart pointed out for comparison purposes that he could have imported
hog manure and spread it without any restrictions. He stressed that he had
investigated this matter thoroughly before making a decision and determined that
Organic Resource Technologies Inc. was the only company who provided clean
organic material compared to others.
L. Barry requested a commitment that truck deliveries cease at least until roof is
in place.
F. Pilkev asked who makes the decision when material is applied. He was advised
that W. Rycquart makes the determination. He praised W. Rycquart for his
diligence is researching his farming practices and stressed that he would not
deliberately contaminate the ground.
R. Smith requested a subsequent evening meeting to accommodate other
residents.
L. Johnson asked for a commitment concerning the number of times that
spreading will occur.
B. VanOpstal stated likely two times, at the very most, three times per year.
Mayor Stewart in closing thanked everyone for attending and stressed the
urgency to address as many of the concerns raised as possible by the public.
SPECIAL COUNCIL MINUTES 406 December 18, 1998
5. ADJOURNMENT
98-922 Moved by D. Mason
Seconded by J.Nezezon
"THAT the Council Meeting be adjourned at 12:00 noon."
Disposition: Motion Carried Unanimously
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