I’ve been helping some concerned citizens of New Tecumseth investigate a sprawling, overt and largely unregulated landfill operation on this small aerodrome located on the north side of Highway 9, just west of the King-Caledon border.
Be sure to read Part II of this story here.
Landfill coming from large Toronto-area construction projects has created a lucrative and surprisingly unregulated stage for long-term risk and damage to sensitive agricultural soils and aquifers, as this example readily demonstrates.
Bottom Line: Municipalities are responsible for regulating ALL landfill within their jurisdictions. Specifically, this is so regardless of whether or not specific industrial activities are regulated by higher levels of government.
Aeriel view of active landfill fill operation at Volk airport property on Hwy 9, adjacent to the Tecumseth Pines community. Photo courtesy New Tecumseth Free Press (www.madhunt.com)
In this case, New Tecumseth has a quite effective Site Alteration and Fill Bylaw. (Click to see it here) Thing is, they were not imposing it in this case, or at least, not until now.
The Good News:
New Tecumseth Council has woken up to this. A Stop Work order has been issued against the fill operation.
Following a well written deputation made by David Francis of the Tecumseth Pines Residents’ Association at last Monday’s New Tecumseth council meeting (click hear to read it), Council passed a motion that calls for a stop work order to be issued against the operation, and to concur with higher levels of government on how to ensure compliance.
(Click here to read the motion)
(Click here to read Tecumseth Times’ report of the meeting)
The lengthy motion was passed after some deliberation between Council members. I believe it was feared by Council that site owner Ralph Palmisano will simply ignore the Stop Work Order (who purchased the aerodrome from the Volk family and who also owns Coneco Environmental Construction, the company operating the landfill process).
Fair enough: Get a court injunction followed by the authority of the O.P.P. to shut it down.
The Bad News:
Following the Stop Work Order – Palmisano is still working the site.
I can’t stress strongly enough that this site must be shut down ASAP.
There’s hope:
- M.P.P. Jim Wilson is actively working with the Municipality and the Federal Government to force compliance with the order.
- Most importantly: A special Council meeting has been called for Friday at 5 pm at the Alliston Council Chambers.
[I'll was there. Read my accounting of this meeting and my analysis here]
Until then, O.P.P. may slow it down by enforcing their regulation of highways, but be assured the loads will keep coming, unregulated by anyone except T.T.C. engineers who we are supposed to believe are doing due diligence by approving all loads as safe. Is this sufficient? I think not.
There is currently NO third party to ensure this process is regulated to ensure consistency, transparency and accountability.
Why is this all so important in this case?
Consider this: The Volk lands sit directly atop a Moraine, “linkage area” – second highest area of constraint under the Oak Ridges Moraine Act. I bet if proper process was followed in this case, no permit would have been given.
I have no doubt that a permit was, and is required; and more doubtful a permit of this magnitude and scope would ever have be issued considering its location on the moraine.
Consider these three Moraine graphics, with the Volk site identified on each:
Volk Aquifer – On an area of high aquifer vulnerability
Volk- Moraine Land Form Conservation Area Category 1
You can clearly see that the site could scarcely be in a worse location in so far as Moraine protection is concerned.
It is possible that Ralph Palmisano will argue that his plans for the site all within an exemption under New Tecumseth’s fill bylaw. Here is a reproduction of the relevant section on Page 6:
3.2 The exemptions contained in Section 3.1 are subject to the provisions of the Oak Ridges Moraine Plan and the Town’s Oak Ridges Moraine Conformity By-Law
2003-120, as, from time to time, amended or any successor By-Laws.
What does this all mean? Something pretty powerful, in my opinion:
The site does NOT qualify for any of the exemptions under the by-law. However, even if it did, the Moraine Plan captures even those sites that might be otherwise exempt.
In other words, not only is a permit required, but because of the moraine constraints, any proposed site alteration would have to pass a number of tests. A Natural Heritage Evaluation would be required as a condition simply to CONSIDER the application. It may not pass the tests.
See through the haze:
- The federal Transport Ministry has directly told me that infill is not within its jurisdiction.
- Entrepreneurs like Palmisano are relying on a smokescreen to authorities to allow him to earn his tipping fees.
- If a municipality doesn’t wake up and smell the coffee in a case like this (and fortunately New Tecumseth is) then, well, they are part of the problem.
- The Ministry of the Environment has a role to play here: I’m sure they will wade into this discussion quite shortly.
In conclusion:
New Tecumseth is setting a great example by enforcing their fill by-law, and fast. Way to go New Tech.!
If other municipalities don’t wake up to this simple fact that industrial use of lands does not negate its obligations to regulate land fill, we are all in a state of risk to our aquifer health.
What does this mean for King Township?
King has been setting a good example. For King Township’s fill bylaw, click here. The original law was passed in 1997 and amended in 2002 to include the Oak Ridges Moraine.
In addition, it was amended again in 2005 to include authority in the Municipal Act to enter onto lands for site remediation. Most importantly: This power has been exercised at least 4 times since 2005, once as late as 2010, fines applied from $100,000 to $300,000.
I’m very happy to say that King is NOT a place to dump fill without a permit!
It’s not merely the existence of the remediation bylaw that makes this so: it’s the vigilance of Staff and Council, a lesson for all Municipalities.
Read Part II of this developing story here.
Below is a short HD video I took of the Volk landfill operation activity on March 22, 2012. It certainly demonstrates the intensity and scale of this operation. See further below for some additional still photos.
I am so happy to see that other people are as outraged as I am about this operation. The operations of this landfill are illegal. I have seen trucks pass school buses with flashing lights.
Thank you for this informative site, I will keep following you on Twitter and I live right across the road so I will tweet each time that Ralph starts up again. He is making over $1,000,000 per month and does not have the proper staff to make sure that this operation is safe, properly permitted and does not harm the sacred Oak Ridges Moraine which services many GTA residents.
As I drove by this morning (April 2), I noticed that Cement barricades had been placed at the main entrance to the site. Hopefully this has stopped the traffic and dumping!
Alan, they have been shut down since last week. A peaceful safe weekend.
On March 16th at 8:55 am. there were over 60 trucks on the property and 55 trucks waiting on the north shoulder waiting to get in.
UPDATE:
Way to go Caledon OPP! This operation was conducted in Schomberg Tuesday morning to alleviate the concerns and complaints regarding the hundreds of dump trucks moving soil through King Township on thier way to Caledon (guess where?).
Additionally, the Ministry of Transport shut down the site to vehicle delivery yesterday. Trouble is, machines continue to work the site, spreading existing fill dumped there. I believe this is in violation of the New Tecumseth Stop Work order. I’ll raise this issue at this afternoon’s special Council meeting.
But some good news here – do read on:
=================================
FOR IMMEDIATE RELEASE:
OPP officers from Caledon, Aurora, and the Highway Safety Division, along with officers from York Regional Police and the Ministry of Transportation, participated in a joint enforcement project on Tuesday March 27th 2012.
The goal of this project was to inspect commerical motor vehicles in the area of Provinical Highways #9 and #27 in King Township.
Officers were looking for unsafe and overweight commercial motor vehicles, as well as violations related to vehicle and driver documents and licenses.
A vast majority of the vehicles inspected were 4 axle dump trucks that were destined for the Caledon area. The following are the statistics that were gathered during this daytime enforcement project:
Total number of trucks directed in for inspection – 57
Trucks placed out of service for safety violations – 20
Of the 57 trucks investigated 15 were found to be overweight dump trucks, several of which had to reduce or transfer loads to be made legal to operate on the highway again.
35% of the trucks inspected were taken out of service due to safety infractions.
Total Highway Traffic Act Charges laid…. 36
Total Overweight charges laid….. 21
Suspended drivers…. 1
Plates removed from vehicles due to not being roadworthy….4
All agencies involved in this project will continue these types of safety inspections periodically throughout the year to ensure the roads within our respective Regions remain safe for all motorists.
*************************************************************
Staff Sergeant Brian Knowler
Operations Manager
Caledon OPP
Thank you Greg for your research into this issue. I had noticed the trucks going by on 27 and several weeks ago I drove from Main St Schomberg down 27 to King Rd and east on King to work at the KC library. I drove past the library to see where the trucks were coming from and saw the building site on the north side of King at Dufferin, a row of trucks lined up going in and out. I counted 31 trucks on the road in less than a 30 minute drive and that does not include the 6 or 7 that were on the site. I was thinking if they had to go that distance why were they not at least going up the 400 and avoiding the hamlets… talking with a colleague about it, we only assumed it was the Ministry of Transport check north of King on the 400 that stopped them. The fact that this is an unregulated operation makes it all the more a concern. I can see Hwy 27 from my home office window and I can hear the trucks a dozen or more have gone by as I write this. Damage is being done to that land…what about the road damage (I don’t believe that, that many trucks going by, that often could not have some adverse effect on the road surfaces) not to mention our well being as noise levels are increased significantly.
If the landfill is also coming from other areas up 400 to King Road…then there is possibly no end in site. Can we stop them coming through King? Of course closing the site would be the answer. Thanks again Greg for keeping us informed.
Hello Cheryl!
Oh this is how I got tipped off to the activity as well! Seems like every other vehicle was a dump truck (and I am being literal here).
The day following the Council deputation I had an account from a resident that the O.P.P. were stopping a large number of trucks along Highway 9 around Highway 27. I can only think they were responding to the complaints. Perhaps they were doing their own inspections for full loads I don’t know.
The traffic is continuing, however, as we expected. Palmisano will keep this up until the site is barred from entry, hopefully by an injunction, as sooner than later!
Tomorrow I will be attending the special Council meeting in Alliston and I’ll update an readers here in the comment section. So check back Friday evening!
I know New Tecumseth Staff and Council are working to coordinate Federal and Provincial resources to enforce the Stop Work order. Jim Wilson (MPP for that riding) has apparently jumped in and is working the case too.
Thanks for your accounting Cheryl — it’s been nasty here with all the traffic. I’m surprised there hasn’t been an accident here. And yes — the stress on our roads in an issue. Highway 9 was just repaved through Schomberg last year!
Sincerely,
Greg