Sludge Watch ==> Fw: CROWDIS MOUNTAIN

[Richard]

----- Original Message ----- 
From: "Lillian" <nlmacleod at ns.sympatico.ca>
To: "barb rockwell" <therockwells2 at hotmail.com>
Cc: <kmichaele at hotmail.com>; <fred at moldingknives.com>; 
<mstanton at ns.sympatico.ca>; <avon.peninsula at hotmail.com>; 
<christianetanner at eastlink.ca>; <janice.ashworth at ecologyaction.ca>; 
"Richard" <rcollis at syd.eastlink.ca>; <morganbrandy at hotmail.com>; 
<gretchenf at sierraclub.ca>; <a_b.gallagher at ns.sympatico.ca>; 
<coastal at ecologyaction.ca>; <lisa.mitchell at ljmenvironmental.ca>; 
<stephenhawboldt at annapolisriver.ca>; <bbfossils at xplornet.com>
Sent: Tuesday, November 20, 2007 4:45 PM
Subject: CROWDIS MOUNTAIN


> by Jim Morrow, The Victoria Standard,Baddeck,NS.
>
> Standing in front of a 60' boomed high hoe on November 14th, a great
> grandmother refused to let the machine’s operator continue his work.
> Lillian MacLeod of Middle River  stood her ground on Crowdis Mountain
> where the Nova Scotia Department of Environment and Labour (NSDEL)
> has been working for the last six months cleaning out 30 year old
> septic lagoons.
> The site, which was a privately operated facility, and at which an as
> yet undetermined amount has been spent to clean up what has turned
> out to be substantial pits of human and industrial waste, is located
> at the head waters of a tributary of MacDonald Brook in the Middle
> River watershed.
> Four families draw their water from that brook.
> A clean closure was agreed to by NSDEL, the community, environmental
> groups and the property owner through a non-binding process known as
> a Community Liaison Committee (CLC).
> NSDEL concluded that according to their latest report, there was no
> migration of material from the site into the ground water, so the
> other primary consensus at the CLC, potable water for those families
> affected, was not agreed to as surface water supplies like Donald
> Brook are not considered potable water supplies in Nova Scotia.
> All estimates used in clean-out studies suggested the Crowdis
> Mountain pits were eight feet in depth and that their contents had
> not leached into the surrounding soil.
> The recent excavations have shown the pits to be some 30 feet deep
> and their contents to be in the water table.
> The pits were never lined and much of the material has leached into
> the porous sides of the artificial berm constructed to increase their
> capacity.
> The original 1,000 tons of material that was contracted to be removed
> from the site has turned into 4,200 tons and the contractor could
> take out another 1,000 tons before most of the contaminated soil is
> removed.
> NSDEL, however, determined that a clean close-out had been achieved
> and the cost of the close-out was not a factorin halting the work.
> Ms. MacLeod disagreed and took her stand in front of the high hoe
> which was about to collapse the berm and bury the remaining
> contamination, adamant the work be finished properly.
> Ms. MacLeod, one of the residents who has no other access to water
> than that from MacDonald Brook, exposed this irascible situation
> nearly five years ago when she and her neighbours' found themselves
> living with unusable water.
> The Middle River Watershed Society, a member of the CLC, was aghast
> to hear the clean-out work was being stopped so close to completion.
> “This department has compounded negligence over ignorance,” said Jon
> Saul, President of the Middle River Watershed Society. “The taxpayers
> have had their  money squandered where good management could have
> brought closure years ago. I'll wager that our problems here in
> Middle River are indicative of the NSDEL's performance in this
> province. They couldn't run a business in the private sector like
> this and they should be publicly shamed for hypocrisy.”
> “The Minster of Environment, Mark Parent, has been given
> misinformation when he says a comprehensive surface and groundwater
> monitoring program has been in place since the clean-out began,” Ms.
> MacLeod stated. Neither she nor the Middle River Watershed Society or
> any other member of the CLC process has received any test results
> showing this to be the case.
> Very definitive sludge testing was done at the University of Virginia
> for three classes of chemicals, and copies of the results were
> provided to the NSDEL. It was shown that PBDE's, PAH's and
> Nonylphenols were present.
> “The Department did not test the porous berm soil for those
> chemicals, they only tested for things that they knew wouldn't show
> bad results. We, the victims,” Ms. MacLeod states, “are paying the
> price for the regulatory negligence by NSDEL and the lagoon operators
> have gotten off scott free. It's bureaucracy run amuck.”
> On Friday, November 16th, just two days after Ms. MacLeod stood her
> ground, and just one day after she was asked to leave the site by the
> RCMP, the NSEDL announced the clean-out would continue.
> “I have been informed by staff on site that additional material has
> been uncovered,” said spoeksperson Sharon Munroe. “The material will
> be removed from the site and disposed at an approved site. As the
> work continues on the site any imapcted material that is encountered
> will be removed from the site. Testing to ensure all material has
> been removed will continue throughout the close out process.”
> While a welcome announcement it doesn’t change the fact that Ms.
> Macleod and her neighbours are still without potable water and must
> face the reality of their decreased property values.
> Latest update ,last Friday petroleum contamination was found  in the base 
> of the lagoon, Pea gravel, (not naturally occuring )and soil showing 
> contamination. Are they going remove  it or maintain the coverup? We don't 
> know but its near our water source. Read on !
> ---------------------------------------------------------------------------------
>
> I sent the following letter Sept 21/07 .Regards, Lillian Mac Leod 
> :902-295-1625
>
> Mr Premier, you gave a speech at the Harbour Front Hotel ,Sept 17/2007 in
> which you stated
>
> "Our environment, our natural capital, is the foundation of our health and
> wealth.
>
> We need clean air and water if we're to be healthy, just for one example."
> The Crowdis Mountain Sewage Lagoons' situation flies in the face of that
> statement.Your government can't just talk the talk ,you must walk the 
> walk.
>
> The incompetence of the Dept. of Environment staff handling the Crowdis
> Mountain file
> has been aptly demonstrated and documented by the Doelle Austin Report 
> .The
> report documented that the five people interviewed(including Regional
> Manager Lawrence Mac Donald ) were too incompetent to quantify the risks 
> of
> two sewage lagoons on Crowdis Mountain.Regional Manager DEL,Lawrence Mac
> Donald resigned his position, which was filled by Roger Munroe . Lawrence
> Mac Donald stayed on ,no one knows what his position is ,there was no
> competition for the job and is paid a Regional Managers salary along with 
> Mr
> Munroe . This was done after Deputy Minister William Lahey returned to
> Dalhousie University,I believe at the direction of Gerrard Mac Lellan .So
> far, let me hit the highlights ,I have hundreds of photos and video tapes 
> as
> documentation .It has become a personal vendetta against me.Anyone that 
> was
> ethical and willing to do the job has either been kept away from the file 
> or
> when they are on it, have been yanked off .There was an agreement in place
> that myself or a member of our group was to be present, along with Ken Mac
> Kinnon (Enforcement Coordinator,DEL ) .We both attended once and have been
> kept away ever since.
>
> Site wasn't engineered ,was allowed to operate for 30 years ,no guages in
> place to monitor sewage levels.
> No liners existed to prevent migration of pollution to groundwater( a 
> plume
> of pollution now exists in groundwater as documented by FracFlow Report ).
> Site allowed to operate without an approval much of the time , when site
> caught discharging in May of 2003,staff  back dated approval.(were
> overheard
> saying it wasn't in computer )
> When site caught discharging in 2003 an Inspector deliberately froze 
> sludge
> sample to  kill off bacteria and then tried to explain it away by saying
> wife would not permit sewage sample to be stored overnight in their fridge
> so was placed in cooler on back deck
> and thus it frooze.A check of hourly temperatures in the Sydney area 
> (where
> he lived )documented by Environment Canada for date sample taken showed no
> freezing temperatures existed .
> Same Inspector wrote Field Inspection Reports stating lagoons well fenced 
> ,
> when no fencing existed.
> A December Field Inspection Report by same Inspector documented that site
> was well grassed over when a weather journal kept by my husband indicated
> ground would have been  covered by a depth of snow making it impossible to
> see grass. ( he collected mileage for attending site and wrote report from
> his desk in Sydney Office).
> Reports existed of complaints regarding site illegally discharging prior 
> to
> my documentation in May 2003 yet no charges were laid .
> Operators bypassed lagoons and illegally dumped sewage on adjacent Crown
> Land for appreciable lenghts of time,(a thorough site inspection by an
> ethical Inspector would have uncovered this )That has never been cleaned 
> up
> Was situated in an old gravel pit on  extremely porous soil as documented
> by FracFlow Report .
> Community was not notified of its existance.
> No aeration to make breakdown of bacteria more efficient .
> Staff did not ensure that a Sludge Management Plan was  in place for safe
> removal when the lagoons filled .
> Staff did not enforce reporting procedures thus had absolutely no idea of
> volumes of sewage being dumped in lagoons.
> Staff lied in court and said there was no evidence sewage had reached  Mac
> Donald , when a community member clearly found evidence caught up in tree
> snags across the brook( personal care products ,condoms 
> ,tampons,disposable
> diapers etc.that  were easily found when attending lagoon site )
> Every effort was made to discredit,stymie ,and frustrate
> complaintant,while
> every effort was made to assist operators.
> Berms were repeatedly raised illegally to increase capacity,thus 
> increasing
> internal pressure on lagoons and site was caught again discharging and no
> charges were laid . NSDEL still no Sludge Magement Plan in place.
> A CLC  (Community Liaison Committee ) process was imposed on us ,despite
> the
> fact we didn't want it (it had no basis in legislation ). Community 
> members
> spent appreciable time and effort to make it work. Total agreement was
> reached on the first and foremost recommendation that alternative  water
> sources be provided for the homes affected.( Mac Donald Brook being only
> water source ,on their land , for affected homes )
> Dept Environment & Labour used that process to humiliate community and
> totally ignored the recommendation and said it was personal to me
> ,therefore
> it was denied .
> The Dept was complicit in allowing Operators to circumvent the Act and
> Regulations .
> Site was shut down because a requested Site Characterization Plan was 
> never
> received . Despite repeated time extensions that plan was never submitted
> ,site shut down, Regional Manager Lawrence Mac Donald ok'd a name change
> from Georges'Vacuum to Island Vacuum,site up and running . Site
> Characterization Plan now is renamed to Action Plan ,also never submitted
> but its business as usual.
> According to Operators Consultant they were dumping 10,000 gallons per 
> week
> with an estimated capacity of 3.6 weeks,no records were submitted .
> Dept assisted Lagoon Operators fiancially but would not assist homes
> affected.
> Then we come to the Closeout /Remediation of the lagoon site and the lack
> of
> Approval. This is a desiginated Activity under the Activities Designation
> Regulations and as such requires an Approval . The Act and its Regulations
> state clearly that NO ONE is exempt ,no one in that office or Dept has the
> power to bend or break those rules ,it is illegal.According to Ms Sharon
> (Carter )Munroe, the Dept is acting as the proponent and overseeing the
> closeout along with being the Regulator.That is conflict of interest .
>
> Violations took place ,and no one got charged   Inspector Eric Mac Leod
> ok'd trucks to leave that site discharging from leaking boxes ,documented
> by photos . The discharge was obscuring mywindshield as I followed the
> truck from Crowdis Mountain into the Composting Facility at CBRM, Sydney.
> Your Dept knew that that sludge contained (as documented by very 
> definitive
> testing at the University of Virginia )PAH's ,PBDE's ,also high readings 
> of
> Nonlyphenols ,which have been linked to the demise of the Atlantic Salmon
> and the Inspector followed that truck from Crowdis Mtn to shore Rd 
> ,Baddeck
> spewing these contaminants  and did nothing.
> The Construction of a Drying pad to dry the sludge to the consistency of
> compost added to the comedy of errors but was used to creat the utmost
> frustration .It was an ill concieved idea ,  not proffessionally designed
> ,undersized,not properly constructed ,no hydrogeological studies done to
> see
> ensure it didn't overflowand no consideration given to rainfall. Obviously
> excavating sludge from the lagoons to trucks has shown it not to be a
> workable solution and waste of taxpayers money . The Cortractor was
> assissted fiancially with the purchase of the  liner for the drying pad
> Someone should have explained to Ms Sharon (Carter )Munroe the
> difference between low permability and impermable in regards to the
> liner used ,she didn't seem to understand.
> No siltation controls were put in place to protect Mac Donald Brook
> (documented by photos )as contaminants were carried off site downhill to
> the
> brook.Ms Munroe seems to think clear water doesn't carry 
> contaminants.There
> was evidence of sludge being dropped everywhere ,even on the road from the
> site .
> No weekly water tests were instituted to ensure closeout activities didn't
> impact the brook.
> As  stated to me by Regional Manager,Roger Munroe in an emailSept 4 /2007
> "It is my observation that both Mrs Munroe and Mr. Farrell(District
> Manager )
> perform their responsibilities in a dedicated, professional manner and 
> take
> pride in their work activities.I am confident they will continue with 
> their
> professionalism.
> It is part of my role is to ensure they and other Regional NSEL staff
> continue to provide their services in an efficient, responsible &
> professional manner."
> Now they are collapsing the berms of contaminated soil that held the 
> sewage
> sludge into the
> lagoon excavation further endangering our water . Remember Mac Donald
> Brook is the only water source for a number of homes, mine included.
> Nothing has been done to provide alternative water sources for our homes.
>
> I await your solution to this problem . Regards , Lillian Mac Leod .