Sludge Watch ==> Clarington - When will Ontario Gov't Act on Paper Sludge Recommendations ?

[Maureen Reilly]

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Protect the Ridges



Press Release              For immediate release          Sound-Sorb





Tuesday June 26, 2007







Clarington requests action from the Minister of the Environment on 
recommendations of the Expert Panel on Sound-Sorb.



The Municipality of Clarington is once again pressing the Minister of the 
Environment for direction on regulatory changes for the disposal of paper 
sludge.  A motion by councillor Adrian Foster asks the Minister of 
Environment to take action on the Experts Panel recommendations by providing 
both an update as to the alternatives the Ministry is exploring and a 
timeline for when action will be taken.



The recycling of paper creates over 700 tons a day of sludge.  For the past 
seven years this ‘paper sludge’ is no longer regulated as a waste because it 
is an ‘input into a manufactured product’ such as ‘Sound-Sorb’ (paper sludge 
mixed with sand) and ‘Nitro-Sorb’ (paper sludge mixed with compost). These 
‘products’ have created concern across the province where they have been 
dumped completely exempt of regulation or monitoring by the Ministry of the 
Environment.



Protect the Ridges a community group in North Oshawa has been pushing the 
Ministry for responsible disposal of paper fibre biosolids and 
scientifically and environmentally sound policy to regulate that disposal.



In January 2005 the “Report of the Experts Panel on Sound-Sorb” clearly 
stated that the “Expert Panel is recommending that the bulk use of Paper 
Fibre Biosolids be handled under MOE Certificates of Approval for all steps 
of its life-cycle or by other legal instruments that can provide equal or 
better protection for both human health and the environment.”



Support for these recommendations has come from the Environmental 
Commissioner, Conservation Ontario, the Ontario Federation of Agriculture, 
the Association of Local Public Health Agencies as well as from 
municipalities, stakeholder groups and citizens across the entire province.



Currently, the Ministry of the Environment is negotiating agreements with 
the paper mill companies and are still currently considering options to 
manage the use of pulp and paper biosolids when applied to land.  The 
agreement with Atlantic Packaging Inc. includes monitoring in the vicinity 
of six berms  (East Elgin Sportsman’s Association (Aylmer), Stafford Windows 
(Flamborough),  Huntsville Gun Club,  Peterborough Gun Club, Orillia Gun 
Club, Oshawa Skeet and Gun Club.)



According to the Ministry “ The initial sampling was recently completed at 
five of the six berms identified in the agreement.  The ministry has not, as 
yet, received the results of the sampling.  The sampling in the vicinity of 
the remaining berm at the Huntsville Gun Club will be scheduled as soon as 
possible.”



Deb Vice  Co-Chair of Protect the Ridges states “The current practice of 
paper sludge waste generator self-regulation is not acceptable to the Expert 
Panel, to us, or to any of the other municipal, health or conservation 
groups that have studied the issue.”



As diversion from landfill becomes more expedient and less expensive there 
is a critical need for strict and enforceable legislation and/or regulations 
to protect groundwater and farmland in Ontario.







Contact:

               Deb Vice Protect the Ridges Co-Chair 905-655-5045 
themomma at idirect.ca

               Municipality of Clarington (905) 623-3379 or 1-800-563-1195

               Ministry of the Environment, Issues Manager: Rod Adams: 
905-427-5617

Ministry of the Environment, District Manager, Dave Fumerton:  905-427-5626

Link to MOE website –  www.ene.gov.on.ca   Key word:  Sound-Sorb







Attached:



1. Clarington Resolution

2. Presentation to Clarington GPA June 18, 2007

3. Background and Historical Information

4. Perspectives on the Issue





1.  Clarington Resolution

“Whereas Paper Fibre Bio-solids are being spread on agricultural lands and 
used as berms as an unregulated waste through their incorporation into 
‘products’ such as Sound-Sorb and Nitro-Sorb



Whereas the Municipality of Clarington along with other municipalities and 
environmental groups have endorsed the recommendations of the Experts Panel 
on Sound-Sorb and informed the Minister of the Environment of that support,  
and



Whereas the Experts Panel on Sound-Sorb confirmed that precautionary 
measures such as  the monitoring of groundwater,  composting of the material 
and control by Certificates of Approval ( C of A) or similar legal 
agreements should be taken to ensure human and environmental health;  and



Whereas the Minister has had some 24 months to consider the recommendations, 
as found on Page 32, of the Experts Report on the Ministry of Environment 
website at http://www.ene.gov.on.ca/envision/techdocs/5011e.pdf,



Now therefore be it resolved that the Municipality of Clarington is 
requesting the Minister of Environment to take action on the Experts Panel 
recommendations by providing both an update as to what the Ministry is 
contemplating, the alternatives they are exploring and a timeline for when 
these actions will be taken, and That the members of the Association of 
Municipalities of Ontario, Conservation Authorities,  Association of Public 
Health Agencies,  and MPP John O’Toole be circulated with this resolution.”  
Passed June 25, 2007



2.  Presentation to Clarington GPA June 18, 2007 by Protect the Ridges



“The purpose of our presentation to you is to once again ask you to urge 
that the Ministry of the Environment take action to regulate the disposal of 
paper sludge, and to hold the producers of waste products accountable for 
these wastes from production to disposal.



The Municipality of Clarington (like other municipalities and the Region of 
Durham) has already addressed this issue a year ago in its May 2006 
resolution, but it is important to note that the context was different. It 
is or hope, especially because this is a provincial election year that the 
Municipality of Clarington will again add its voice to those urging the 
Ministry of the Environment to take action on the recommendations of the 
Panel of Independent Scientific Experts regarding the need to regulate the 
disposal of paper sludge.



In the current context, when it is “wholly used in the manufacture of a 
product” (even if that ‘product’ consists almost entirely of paper sludge -- 
simply mixed with some sand or compost) its disposal on farmland or wherever 
is completely unregulated. The background notes we have provided give you a 
brief chronology of the issue as well as the perspectives of some other 
groups who are knowledgeable on the issue.



In January 2005 the “Report of the Experts Panel on Sound-Sorb” clearly 
stated that the “Expert Panel is recommending that the bulk use of Paper 
Fibre Biosolids be handled under MOE Certificates of Approval for all steps 
of its life-cycle or by other legal instruments that can provide equal or 
better protection for both human health and the environment. The product 
formulation exemption should not be applied to Sound-Sorb…Paper biosolids 
are a waste. Their bulk use in the environment even after composting 
requires regulatory control… The panel felt that Sound-Sorb should not be 
used in an uncontrolled manner as an exempt waste as it is at present. The 
Panel believes that regulatory instruments that would control Sound-Sorb in 
its use in berms should provide the means to exert the regulatory control 
that the MOE may deem appropriate for other bulk uses of PFB.”



Further, in January 2006 the Expert Panel Report on “Water Well 
Sustainability in Ontario” clearly stated that “Legislative exemptions (i.e. 
to the EPA) should be given only after extensive studies/field trials have 
been conducted. Land based disposal of products with no benefit to the land 
should be prohibited”.



Support for these recommendations has come from the Environmental 
Commissioner, Conservation Ontario, the Ontario Federation of Agriculture, 
the Association of Local Public Health Agencies as well as from 
municipalities, stakeholder groups and citizens across the entire province. 
Currently, the Ministry of the Environment is negotiating agreements with 
the paper mill companies and are still “currently considering options to 
manage the use of pulp and paper biosolids when applied to land. “



Although these developments may be perceived as progress some serious 
concerns remain unaddressed. - There is no requirement for the paper 
companies to compost the PFB (a KEY recommendation). - The Site Specific 
Risk Assessment (SSRA) for the Oshawa berm that was initiated in 2001 
(nearly 6 years ago) has STILL not been released to the public. - In the 
case of the Oshawa berm, we have only ONE year of inconsistent data and no 
ground water monitoring test results since 2003. That said, the ministry has 
informed us that Atlantic Packaging has indeed conducted groundwater 
testing. However, according to a letter from the Minister date April 16, 
2007, no results from these tests have yet been provided to the MOE. We, 
therefore, submit that the MOE’s decision to exempt paper sludge is not 
based upon a sound interpretation of the governing regulatory provisions.

The concerns expressed by the Expert Panel on Sound-Sorb aside, the current 
practice constitutes land application of a waste without proven benefit, in 
direct conflict with the recommendations of the Expert Panel on Water Well 
Sustainability in Ontario. like Sound-sorb, Nitro-Sorb (believed to be PFB 
mixed with about 10% compost) used as a ‘soil conditioner’ directly on crop 
land, is an exempt ‘product’ and is not subject to MOE control. Importantly, 
“Under the regulatory exemption the material could legally contain 
municipal, hazardous or liquid industrial waste.”



The current practice of PFB waste generator self-regulation is not 
acceptable to the Expert Panel, or to any of the other municipal, health or 
conservation groups that have studied the issue.



We hope therefore, that the Municipality of Clarington will urge the 
Ministry to take action, and to do so in a way that includes the requirement 
for accountability (as recommended by the Expert Panel): - through tighter 
legislation/regulations to prevent side-stepping of the regulations by way 
of exemptions, - through 'production-to-disposal' waste management 
regulations and accountability and, - through mandatory Certificates of 
Approval for all waste disposal.



What we want is responsible disposal of paper fibre biosolids and 
scientifically and environmentally sound policy to regulate that disposal. 
The ministry should immediately change the regulations as recommended by two 
of their own expert panels (the panels on Sound-sorb and Water Well 
Sustainability). “



Thank you….





Presented by

Deb Vice Protect the Ridges Co-Chair

905-655-5045

Martin Feaver Protect the Ridges Co-Chair

905-655-8846

3.Chronology of the Use and Testing of Atlantic Packaging Paper Fibre 
Biosolids and Sound-Sorb in the Region of Durham





Background and Historical Information



- Atlantic Packaging operates paper recycling plants in Scarborough and 
Whitby.

- The paper for recycling is sourced primarily from the US, the balance 
locally.

- Approximately 700 tonnes wet weight of paper mill sludge (waste) are 
generated daily.

- Paper sludge has been shown to contain e-coli, fecal coliform.   
Contaminants of potential concern include total petroleum hydrocarbons, 
PAHs, lead. Acrylamide polymer (a known animal carcinogen), benzo[a]pyrene, 
MEK and phenol.

- Ministry of the Environment (MOE) reasoned in 1999 that the paper sludge 
was municipal waste as defined in the Waste Management Regulation, despite 
its being produced by an industrial process.



1991 – 2000

- Spreading of paper sludge called Paper Fibre Biosolids (PFBs) on 
Agricultural land.

- MOE issued a provisional Certificate of Approval (CofA) for Durham Region 
with conditions for soil testing, groundwater monitoring, application rates, 
site restrictions, etc.

- Between 1994 and 1998 a discredited laboratory was used for testing.

- Late 1990’s public pressure on MOE to stop spreading on agricultural land 
and MOE study showing no benefit results in CofA not being renewed in 2001.



1999

- Sound-Sorb trademarked – a mixture of PFBs (70%) and soil used to 
construct berms at gun clubs.

- As a ‘product’ Sound-Sorb is exempt from Ontario’s waste management 
regulations.

- ‘product’ never  tested for long range of contaminants, no long term 
testing on effects to groundwater



2000

- MOE tests PFBs stored in Clarington pit.  Release flawed report claiming 
no exceedences.  MOE  reissues report outlining exceedences found year later

- MNR orders PFBs to be removed from pit



2001

- Association of Public Health Agencies passes motion supporting tighter 
regulation of PFB disposal.

- Region of Durham tests at Oshawa Skeet and Gun Club (OSGC) Sound-Sorb berm 
finds exceedences in surface water.



2002

- MOE installed test wells at OSGC, Harmony Road Leaf and Yard Waste Compost 
Facility and the aggregate pit in Clarington.

- Bioaerosol Study Committee established, Clarington represented



2003

- Results from Aylmer Sound-Sorb berm released showing TPH exceedences 13 X 
contaminated site guidelines

- MOE awards contract for a Site Specific Risk Assessment of the OSGC 
Sound-Sorb berm to examine high levels of total petroleum hydrocarbons, 
bacteria, and acrylamide Monomer.

- Groundwater results released.  Benzo(b)fluoranthene, benzo(k)fluoranthene 
and benzo(a)pyrene  in excess of health-based criteria.

- PTR sends in EBR Application to review policy



2005

- Panel of independent Scientific Experts established by MOE with a mandate 
to study the Sound-Sorb issue and make recommendations.  The report was 
released on January 31, 2005.



2006 - 2007

- No action taken on Experts Panel recommendations despite Health, 
Conservation, Agricultural association, trade union and Municipal 
resolutions urging action.

- No further groundwater test results released (although MOE reports tests 
have been performed).

- Site Specific Risk Assessment study (on OSGC Sound-Sorb berm) completed, 
but not released.

- In Pelham, numerous samples of contaminated run-off have been taken by 
MOE, which their surface water experts believe could cause off-site impacts 
and adversely effect the aquatic environment.

- The Expert Panel on Water Well Sustainability in Ontario stated that land 
based disposal of products with no benefit to the land should be prohibited



4. Perspectives on the Issue





The Scientific Experts Panel on Sound-Sorb.  The panel released its report 
on January 31, 2005. Among its conclusions were the following:



Paper fibre biosolids are a waste. Their bulk use in the environment even 
after composting requires regulatory control. Paper fibre biosolids should 
be controlled by Certificates of Approval or legal instruments that provide 
equal or better protection for human health and the environment at all 
stages from its generation, through transport, composting and final use in 
the construction of berms. The use of paper fibre biosolid material mixed 
with mineral soil should also be subject to MOE control with respect to its 
preparation and use in the environment by a Certificate of Approval or legal 
instrument that provides equal or better protection for human health and the 
environment.



The Environmental Commissioner of Ontario says:  "The ECO review indicates 
that the MOE has mishandled the Sound-Sorb issue repeatedly since 1999 when 
questions first arose about the status of this material.  The ministry's 
first, and probably most significant error was to exempt Sound-Sorb from the 
Regulation 347 of the Environmental Protection Act, deciding to class it as 
a product rather than a waste.



In June 2006 the Environment Commissioner went on to say that the provincial 
government has repeatedly ignored his calls to regulate Sound-Sorb.  “This 
is an issue I’ve talked about for five or six years.  It’s a mystery to me 
why the (Environment) ministry doesn’t regulate (Sound-Sorb) as it does 
other industrial wastes.”



The Association of Local Public Health Associations passed a resolution 
"urging the Ministry to remove this exemption, which is contradictory and 
unsound, and immediately subject the land application of Sound-Sorb to the 
proper approval processes and environmental controls under Ontario 
Regulation 347".  In February of 2006, they passed a more recent and 
specific resolution urging the Government of Ontario to amend the 
Environmental Protection Act (EPA) such that the spreading and storage of 
all biosolids, including paper fibre biosolids, requires a certificate of 
approval issued by a Director.



Conservation Ontario (the association of Ontario conservation authorities) 
passed a resolution urging “the provincial government to take immediate 
action on all of the recommendations of the Experts Panel on this substance, 
especially with regard to hydrogeological assessments of existing berms 
(recommendation #3) and the need for control measures in the generation, 
transportation, composting and use of PFB (recommendation #6).



The Ontario Federation of Agriculture takes the position "That the Ontario 
Federation of Agriculture urge the Government of Ontario to keep waste 
products destined for further processing and or blending under the 
regulatory umbrella of the Ministry of the Environment throughout the 
transportation, processing/blending process and that the final application 
to farmland occurs with a Certificate of Approval (CofA) and under the 
provisions of the Nutrient Management Act (NMA)."



The Sierra Legal Foundation submitted a position that “the risks associated 
with the application of Sound-Sorb are greater than the net benefit derived 
from diversion of paper fibre waste from waste management facilities.  It is 
for this reason that it is recommended that MOE accept the Experts Panel 
recommendations and further:

1.     Revoke the MOE’s present exemption for Sound-Sorb under the Waste 
Management Regulation;

2.     Set clear standards within which the application of Sound-Sorb will 
be permitted in future;

3.     Set testing and management protocols for existing berms so as to 
protect the natural environment and human health; and

4.     Utilize a precautionary approach to the management of risks 
associated with Sound-Sorb so as to maximize protections for the natural 
environment and human health"



Durham MPP John O’Toole has called on the provincial government to take 
action concerning the control of paper fibre biosolids following the 
recommendations of the provincial experts’ panel.  He introduced a Private 
Member’s Bill (Bill 24) to require that a certificate of approval from the 
Ministry of the Environment be obtained before spreading or storing sewage 
sludge, other biosolids and products derived from them.



The Region of Durham, on the recommendation of the health department, 
endorsed the OFA resolution in the spring of 2006.