Solid Waste Industry responds to Court of Appeal decision
EASG Chair Steve Morris disagrees with the media release written by Rhonda Hustler, October
1, 2003. Mr. Morris' release appears below. Ms. Hustler had verbal confirmation from the Chair at the September
30, meeting that the process was halted until the appeal process was settled.
WWLC news release claiming that Warwick expansion EA has been halted is factually incorrect,
says EASG Chair Steve Morris
October 2, 2003 A recent news release by Rhonda Hustler, a WWLC member and an alternate member of the Environmental Assessment Study
Group, stated incorrectly that Warwicks EA process is halted based on a recommendation by the EASG.
EASG Chair Steve Morris stated this morning "no recommendation
to halt the process was made by the EASG at the meeting on September 30, 2003."
The EASG Chair went on to clarify what did, in fact, occur: "Neither
I, nor the EASG, decided at our last meeting to discontinue the process. We agreed that prior to the release of Discussion
Paper #7, I will personally contact and poll each EASG member individually on his or her view of continuing the EASG process.
At that point, I will decide whether and when to call another meeting of the EASG to consider the CWS impact assessment review."
EASG Chair Morris added that: "This is too important a project
to the people of Warwick to not know the real facts about what occurred and where we are in the process. Consequently, I decided
that, as Chair, I had an obligation to ensure that any confusion on this matter is cleared up."
For more information, please contact EASG Chair Steve Morris at:
Tel: (519) 845-0322 Fax: (519) 845-1000
WWLC Media release October 1, 2003
Wawick's EA Process Halted
Warwick's EA process is halted until a final decision is reached on the
appeal of the Richmond decision. At the EASG meeting Tuesday September 30, Chair Steve Morris acted on the recommendation
of committee members to halt CWS's EA process .
The group referred to a letter from the Ministry of the Environment
to CWS stating the Warwick EA as it now stands does not meet the requirements of an EA and therefore would not be accepted
by the Ministry. The MOE has applied the Richmond decision to the Warwick EA.
CWS offered three possible reactions to the Minsitry's notice, including
going back and ammending Warwick's Terms of Reference to now include need and alternative. The EASG did not consider this
CWS will, however, continue to move through the appeal process and plans
to return to the Warwick EA as soon as possible.
Chair Steve Morris decided that given the committee's objections to continuing the
process and the Ministry's notice, the committee would be recalled at his discretion when the appeal process is
Until then, no further documents will be distributed and no EASG meetings
will be held.
The community members and WWLC members view last night's decision as a significant
milestone and public victory in what has been a long and frustrating process.
WARWICK WATFORD LANDFILL COMMITTEE WWLC
Visit our website wwlc.net
Monday September 29, 2003
CWS to Propose Consultation Plans
for Warwick EA
Warwick: Canadian Waste Services is coming
back Tuesday evening to follow-up an earlier proposal to accelerate the Environmental Assessment to expand the
Warwick landfill. In June, CWS tried abbreviate the EA process by several months
to submit their EA expansion documents without completing the public consultation process.
Faced with strong
opposition from the consultation group, members of the public, and the Warwick Watford Landfill Committee (WWLC), CWS backed
down and promised to re-consider their plan.
CWS will present its next proposed Public Consultation plan for the next two review documents: Document #7 Impact Assessment
and Document #8 Conceptual Design and Operations. These reports detail local
impacts and mitigation as well as the site operation for the next 25 years.
WWLC member Rhonda
Hustler expects CWS will again try to accelerate the process, eliminate
important review steps, and circumvent the EA requirements. But will again insist
they abide by their original community agreement and the EA processes.
CWSs EA in Limbo
A court decision
earlier this year on CWSs proposed landfill expansion at Richmond has implications for Warwicks EA. In May, Ontario Divisional Court quashed the Richmond Terms Of Reference the conditions for the ensuing
Environmental Assessment process- because CWS had not studied need or the
alternatives to increased landfill development. The MOE approved the Richmond
Terms of Reference (ToR) in 1999 without requiring CWS to study either need or alternative.
The MOE and CWS have sought leave to appeal the decision; an announcement is expected within the next few weeks.
The Richmond decision
and uncertainty about the validity of current EAs have stalled proposals around the province.
The Warwick expansion proposal is directly affected by the Richmond decision.
These two CWS landfill expansion proposals are virtually identical, their terms of reference were approved the same
day in the same Ministry announcement, subject to the same EA process and neither was required by the MOE to study need or
According to Mac
Parker, CWS has to re-consider pushing ahead with the EA at Warwick: CWS doesnt have a Terms of Reference at Richmond and
the EA meetings have stopped down there. The Richmond process has collapsed for
reasons identical to those at Warwick. Logically, CWS would halt the EA at Warwick
until the legal processes are concluded.
If an appeal is granted to CWS and the MOE, the WWLC
will ask for standing to appear as a friend of the court in support of the Richmond citizens.
The WWLC recently requested funding from Warwick Council to cover legal costs ($10,000) but was turned down. Warwick Council believes the WWLCs participation in an appeal process may have adverse effects on Councils
request to participate as an added party. No explanation was provided. Warwick Council has not identified their position or which party they would support at an appeal.
Rhonda Hustler at 416-944-0185 (until 9:30 Tuesday a.m.) Or firstname.lastname@example.org
WWLC weekly articles in the Watford Guide
Advocate, letters to the Editors of various newapapers, and media coverage