Belleville can expect a decision within weeks from a provincial tribunal regarding the cleanup action on the historic coal tar contamination in the Foster Ward area.
A coal gasification plant in the harbour area had leached coal oil into the soil and bedrock throughout the St. Paul, South Church, South Front and South Pinnacle streets in the 1800s.
The Environmental Review Tribunal resumed its hearings on the issue at a virtual meeting on Monday.
The City of Belleville statement follows this story.
A representative of the provincial Ministry of the Environment, Paul McCullagh, told the hearing that the purpose of the Environmental Protection Act is to protect and conserve the natural environment.
McCullagh said that has been done as “all of the adverse effects associated with the former coal plant have been addressed as long as these risk management measures are implemented.”
To the Tribunal chair he said, ” We’re asking then that you would issue an order accepting the settlement, accepting the withdrawal by the various appellants, then you would direct the Director (of the Ministry) to revoke the 2015 order, which is the subject of the appeal, and issue the 2021 order.”
McCullagh noted the tribunal had shown patience since the hearings had occurred over six years.
And he said the new 2021 provincial order “will require those legally to be implemented on a going forward basis.”
The city will be responsible for the eastern section and the group known as 105 Pinnacle for the western portion.
The city had recently acquired some of the land in the area.
It also commissioned an environmental investigation prepared by consultants Golder Associates.
McCullagh noted that the city and 105 Pinnacle are “accepting all measures.”
The city will continue to evaluate whether or not the eastern section should be capped or fenced.
It was noted that all litigation issues among the parties have been dropped.
The Tribunal Chair Helen Jackson spoke at the completion of Monday’s hearing, “In principle, I’m very satisfied that everything falls into line. I don’t see any issues whatsoever. It seems to me that you’ve covered everything more than adequately. And, I don’t see any concerns at the moment, that I will have, in terms of issuing an order that will have the effect of doing what has been asked, that I do in summary, in the submission presented by Mr McCullagh.”
She indicated she would rule within 30 days on accepting the settlement and the withdrawal by various parties (who were originally named in the hearings).
Jackson will also issue a new 2021 order regarding the ongoing environmental measures for the designated Foster Ward area.
The City of Belleville released this statement Monday afternoon following the Tribunal hearing…
The City of Belleville welcomes the Provincial Environmental Review Tribunal (ERT) Hearing’s preliminary indications and forthcoming decision regarding a Ministry of Environment, Conservation and Parks (MECP) Director’s Order (6480-9RTQVJ) made earlier today.
The Director’s Order had been issued by MECP in respect of the former coal gas plant that operated between 1854 and 1947. The ERT is expected to revoke the original Order after hearing from MECP that the Director’s Order had been fully complied with.
As a result of the work done by the City, both the MECP and the ERT were satisfied that the Risk Management Plan (RMP) and Risk Management Measures (RMMs) satisfactorily addressed the environmental concerns arising in connection with the former coal gas plant, as well as other historic sources of contamination in the area around the former coal gas plant, which included open-pile coal storage, canning operations, scrap metal storage, railway lines, and bulk oil and gasoline storage.
The RMP has already been largely implemented through outreach to residents, passage of a City Health and Safety Bylaw, new administrative procedures for issuance of building and similar permits, and groundwater monitoring.
At the request of the parties to the hearing before the ERT, the ERT was requested to issue a new Director’s Order confirming the ongoing obligation to implement RMMs on lands previously occupied by the former coal gas plant and in the vicinity of those lands in order to ensure the protection of human health and the environment in the area east of Victoria Harbour and in the vicinity of the former coal gas plant.
It is understood the ERT is satisfied with the completed works and is expected to issue its decision shortly. The ERT has been requested to direct the MECP to revoke the current MECP Director’s Order and direct the MECP to issue a new Director’s Order acceptable to all involved parties. The specifics of the Terms of Settlement remain confidential. However, the City will continue to implement the final stage of the MECP and ERT approved Risk Management Plan and Risk Management Measures.
