Toxic

The full ECCC Report can be found here.

Double talk and broken promises have brought forth legal action

When The Times last reported on Picton Terminals and the Doornekamp family, it seemed that they were earnest about getting things on track for compliance in response to allegations of improper salt storage and the resulting seepage entering both the neighbouring property and Picton Bay. From Hank Doornekamp’s perspective, it seemed that the only thing holding Picton Terminals back from doing right by its community and its surrounding habitat was some bureaucratic red tape and a handful of future inspections that Doornekamp was convinced they would pass.

But times have changed dramatically. Numerous new allegations and a damaging report issued by Environment and Climate Change Canada (ECCC) have revealed some mistruths, and avoidance on the part of Picton Terminals to fulfill its obligations.

Ben Doornekamp has stated in the past that any runoff coming from the Picton Terminals is within all guidelines and regulations put forth by the Ministry of the Environment and Climate Change. However, the recent report issued by ECCC paints a dramatically different picture. The report shows high levels of toxic chemicals found where the seepage water is entering Picton Bay. The report also indicates an unwillingness to participate in site visits and meeting deadlines for compliance.

The report states that at Picton Terminals there is deposit of a deleterious substance in water frequented by fish that is not authorized under the Fisheries Act, and/or there is a serious and imminent danger of a deposit of a deleterious substance in water frequented by fish. That detriment to fish habitat or fish or to the use of fish by humans results or may be reasonably expected to result from this occurrence, and that immediate action is necessary consistent with public safety and with the conservation of fish and fish habitat.

During the inspection it was verified that seepage water from Picton Terminals was entering the adjacent property and eventually spilling into Picton Bay. Samples collected by ECCC on November 5, 2017 contained high levels of aluminum (1,300 μg/L), chloride (21,400 mg/L), iron (3,660 μg/L) and elevated cyanide (5.69mg/L). To put these numbers into perspective, the Canadian Water Guidelines for the Protection of Aquatic Life set a guideline for aluminum at 100ug/L, chloride at 120 mg/L, iron at 300 μg/L and cyanide at 5 μg/L (micrograms per litre).

ECCC claims that according to a 2015 expert opinion from their toxicology laboratory, runoff water consisting of the levels mentioned above would be acutely lethal to and deleterious to fish and aquatic vertebrates.

“These numbers are staggering. I mean, they are not just off by 10 per cent here. Some of these levels indicate 20 times what is deemed allowable for safe and clean water levels. What’s most disturbing is that its been nearly three years since the problem was initially addressed,” says David Sutherland of Save Picton Bay.

The report also claims that during the onsite inspection on November 5, 2017, no representative was present at Picton Terminals and the doors were locked. The officers had to access a neighbouring property to inspect the bermed areas and the seepage water that was exiting the Picton Terminal’s site.

But Ben Doornekamp thinks that is an unfair assessment. “It was a Sunday and they did not inform us of a site visit. If they did we would have been here to let them in on a Sunday,” says Doornekamp.

Another point of interest in the report is the measures to be taken section, which indicates that Picton Terminals must take all reasonable measures consistent with public safety and the conservation of fish and fish habitat to mitigate the occurences highlighted above. The terminal must also develop and implement a plan to properly manage the salt piles and runoff associated with the salt piles, and it was to be submitted to an inspector on or before January 15, 2018.

Picton Terminals is standing by its original statements in regards to compliance. When asked directly about the current state of affairs, Ben Doornekamp says that a report was submitted within the allocated timeframe and that ECCC are happy with what was given to them, with a conformation site visit scheduled for later this week at the terminal.

When asked for a response from ECCC on Doornekamp’s statement, their response was that they could not comment because it is still an active enforcement file.

This past summer, local interest group Save Picton Bay commenced legal proceedings against the Corporation of the County of Prince Edward with a formal notice of application filed on July 28, 2017, which was to determine the rights of Save Picton Bay, its members and other residents of Prince Edward County to the safe, clean, compatible operation of the terminal. It also goes on to argue for a declaration that the current use of Picton Terminals is not permitted under its current and historic zoning.

“Despite two Provincial Officer’s orders and dozens of wristslaps issued by the MOECC, Picton Terminals continues to pollute Picton Bay as the County fails to enforce zoning and protection bylaws,” says Save Picton Bay in a recent press release.

To compound things for Picton Terminals, the Mohawks of the Bay Of Quinte of the Tyendinaga Mohawk Territory have filed an affidavit with the court in regards to the lack of consultation and accommodation in relation to the developments at the terminal. The Mohawks of the Bay Of Quinte are raising concerns about many issues, the most important being the improper storage of chemical matter resulting in the contamination of the Bay Of Quinte, which could cause serious damage to the Mohawks’ constitutionally protected fishing rights in the Bay Of Quinte, as well the failure of Picton Terminals to perform an archaeological assessment prior to construction.

Save Picton Bay says their objective is not to stop an industry or deny hard-working people their livelihood, but rather to ensure that this private business is properly regulated for the safety and well-being of the environment and residents of Prince Edward County.

There is still some light and glimmer of hope that Picton Terminals will be able to do what they say and say what they mean. But the sun is definitely setting on their chances to mend ties with the community and make good on the promises they have already made.

Story: Chris Loane. Photo: Mihal Zada.