Under a cloud

Cement plant fined for excessive dust emissions and noise

From his home in Adolphustown, Keijo Puusa has documented dozens of emission spills from the Essroc cement plant north of Picton. Rising like a dark, brown cloud from the plant, the particulate matter often settles on his shoreline home, and those of his neighbours, coating windows, cars, outdoor furniture and boats in a layer of dust and soot.

He walks his dog most mornings to the Glenora ferry dock. On one such occasion, he arrived at the dock to see a brown cloud rise and fall over the bay.

“It was so bad you couldn’t see the plant buildings or structures,” recalls Puusa. “A fishing charter boat emerged from the cloud under full engine. The charter captain was freaking out. His clients were having difficulty breathing.”

In 2012, Essroc was charged with 11 violations under Ministry of Environment’s rules including exceeding limits on the discharge of dust and particulates into the environment as well as a emitting excessive noise.

Last week the company pleaded guilty to four charges agreeing to a settlement that will see the company fined $350,000 plus a victim surcharge of 87,500. Four charges were dismissed. The remaining three charges are set to be adjudicated in August.

The company did not respond to requests for comment by press time.

Puusa feels vindicated after a nearly decade-long struggle. He doesn’t want the cement plant to close or discontinue operations. He knows the facility employs more than 170 people and is an important part of the local economy. Puusa and his neighbours insist, however, the company operate within the law.

In one year, the company exceeded the legal limit for particulate emissions more than 700 times according to Essroc’s records. Each episode lasts about 45 minutes. Nor are these minor misses. The dust and particulate matter billowing from the plant is frequently measured at three and four times the legal limit.

The company points to operator error. When the plant is operating as designed, it manages to stay within its limits. It is unusual or aberrant events that cause it to exceed these limits.

This is corroborated by the short duration of the spillage events.

Essroc has tried various methods to address the neighbours’ concerns. It has reached out to neighbours paying for window and car washing bills. It has invested several million dollars in equipment and technology to reduce emissions. But one solution led another problem. In 2010 it installed a new system involving large fans. But these proved so loud they could be heard five kilometres away. Some neighbours across the bay complained they couldn’t open their windows all summer due to the noise.

Included in the plea arrangement agreed to last week was a $50,000 fine for exceeding applicable noise limits.

The company has since replaced the fans with quieter equipment.

“They are still loud, but they are tolerable,” says Puusa.

Puusa says it took a long time for the local MOE office to take their concerns seriously.

“The MOE in Belleville took our calls and spoke with the company,” says Puusa. “But they did nothing about what they called rogue emissions.”

Only when they presented their evidence to the Environment Commissioner of Ontario, Gord Miller, did Puusa and his neighbours see real activity. The Commissioner produced a report for the provincial parliament that was scathing in its criticism of the local MOE agency.

Soon after, a new enforcement officer, Corey Jin, was appointed. It was Jin who filed charges against Essroc.

Mr. Puusa is satisfied that a clear message has been sent. But he and his neighbours will remain vigilant.

“The MOE has asked us to be their eyes and ears. We are going to do that,” he says.

He repeats the point that he doesn’t want to the cement plant to close. He is sensitive to being likend to folks who move in near an airport and then complain that planes are flying overhead.

“I’ve heard that a lot,” says Puusa. “But I am not looking for them to stop—just operate legally. I want them to stop screwing up.