Tear down

Ministry order governs closure of South Shore wind farm

The closure of the White Pines Wind Project in the southern portion of Prince Edward County took another step forward this past week. The Ministry of the Environment, Conservation and Parks published its decision on July 3, almost a year to the date the provincial government terminated the project under The White Pines Wind Project Termination Act.

wpd received its Feed In Tariff contract in 2010 for what was then supposed to be a 27-turbine wind farm located in Milford. It then provided a Renewable Energy Approval (REA) submission in 2012. In 2013, County council formally stated its opposition to wind turbines, including passing a resolution as an unwilling host and approving a grant of $20,000 to PEC Field Natualists to help protect the natural environment of the South Shore from wind turbines. The REA was approved in 2015. The project then went to an Environmental Review Tribunal— a process to appeal the Ministry’s decision to grant a REA—where the Tribunal was not satisfied that wpd’s proposals to prevent harm to Blanding’s turtles and little brown bats would not cause further harm to the delicate ecosystems of the South Shore. The Alliance to Protect Prince Edward County (APPEC), led by lawyer Eric Gillespie, was successful in removing approval of 18 turbines from REA, leaving a 9- turbine wind farm to be erected on the South Shore.

wpd Canada had indicated last year it would seek to recoup $100 million for the project. This new legislation requires wpd to cover the cost of decomissioning and restoring the work site. The law also bars the company from suing the government.

The White Pines Termination Act offers to reimburse wpd for costs incurred, but no more than the current net value of the power to be generated during the contract period (net of operating and maintenance expenses). The Act also only reimburses wpd for some of the expenses incurred up to July 10, 2018. As of this date, only one turbine was assembled. wpd erected three more turbines after the provincial government announced plans to scrap the project.

The new provincial order lists a number of fairly comprehensive criteria. wpd must submit a monitoring plan to the Ministry and to the County describing actions and processes for the dismantling, and monitor the project location after removing components as it carries out site restoration. The turbine towers, nacelle and blades are to be disassembled. They may be temporarily stored in staging areas until they are eventually removed. Waste elements are to be transported to an authorized disposal facility. All salvageable components are to be removed unless the company and the landowner have a written agreement that provides for another arrangement. The turbine and transfomer foundations will be removed or partially removed to a depth consistent with the surrounding bedrock and excavated areas are to be brought to grade with clean fill and topsoil.

Underground electrical collector lines on private land may remain in place provided that both ends that come to the surface be excavated to approximately 1.2 metres below grade and capped. Input from the County will be obtained to deal with collector and distribution lines on municipal property. All access roads installed by or on behalf of wpd are to be removed, including culverts, the geotextile material beneath the roads and granular material. If the access road existed prior, it shall be returned to a similar condition that existed prior to construction. The technical document also states that unless unavoidable, the company shall not remove or damage any trees in all areas where closure activities take place–including roads and transportation routes. If unavoidable, the company shall replant trees that were removed and take steps to repair those that were damaged.

wpd also needs to take all measures necessary to prevent damage or any related impacts to properties, buildings, bridges, structures, roads, railway lines and/or other infrastructure at or adjacent to the project location that may be impacted by the discharge or drainage of storm water from the project location arising from the closure of the facility Where possible, closure for components within Blanding’s turtle habitat will occur between October 15 and April 30. If unavoidable, the company must contact the Ministry a minimum of five business days prior.

Orville Walsh, president of APPEC—which is opposed to and was a main objector to the development of industrial wind projects in Prince Edward County—said the group was pleased for the most part with the order. “The Alliance to Protect Prince Edward County is pleased that the Regulations and Technical Document for the closure of the White Pines Wind Project have been released. This release of the decision will now move us closer to the dismantling and removal of the project’s wind turbines and infrastructure from the community and natural environment,” says Walsh. He does have some concern over landowners being able to enter into their own agreements with wpd. “We remain very concerned with some aspects of the regulations and technical documents which, under some circumstances, could result in the turbine foundations and the access roads remaining in place after the closure has been completed.”

Andrew Buttigieg, press secretary to Minister of Environment, Conservation and Parks Jeff Yurek explained that the order also has to respect the wishes of landowners who are leasing their land to wpd. “The Closure of the White Pines Wind Facility regulation establishes requirements for the closure of the facility in a manner that protects human health and the environment. The regulation requires the company to take down the turbines and remove various project components from the site. We also respect the wishes of landowners where activities pose little risk to human heath or the environment. If a landowner comes to an agreement with the company to allow it, dissassembled turbine components, foundations, or electrical lines can remain at the site. It would be up to the landowner to work with Prince Edward County to determine compliance with their property standards by-law,” says Buttigieg.

Walsh believes that the turbine foundations and access roads, if kept, will result in irreversible harm for at-risk species on the South Shore. “APPEC was successful, at the main hearing and subsequent remedy hearing for this project [before the Environmental Review Tribunal] in proving that both the turbine foundations and access roads will result in serious and irreversible harm to a species at risk, the Blanding’s turtle. If these projects components are allowed to remain after the closure has been completed, we can expect harm to result to this species at risk,” says Walsh. He also says that APPEC will monitor the full details of the closure as they become known.

The full Ministry document can be found here.