MPP's Site 41 kill bill moves ahead

Posted By DOUGLAS GLYNN

Posted 2 months ago

-Simcoe North MPP Garfield Dunlop's private member's bill to revoke the certificate of approval for dump Site 41 has passed second reading in the Legislature by a vote of 40 to 11.

"Our challenge now is to get the bill to the Standing Committee on Justice Policy and onto third reading," Dunlop said. "I don't want it buried! The next step is for people to put pressure on the government to move the Bill to committee."

In a move that surprised many observers a number of Liberal MPPs voted for the bill, along with Dunlop's Conservative colleagues and the NDP.

He said he believes what motivated the Liberal members to support the Bill was a massive lobbying effort by dump Site 41 opponents. "I felt positive about the Bill this past week because other MPPs kept coming up to me saying they couldn't believe the number of emails and phone calls they were getting," he said. "A number of Liberals said their constituents wanted them to support the Bill. I told them we're never going to stop. There's never going to be a landfill there."

Asked if he thought Environment Minister John Gerretsen would change his mind, he said, "according to the Premier and Gerretsen, who were swallowing the poison of the county, the science proves the site is OK.

"It's not OK. We think we have enough background and expertise; we have the Steve Ogdens of the world who are saying there's another choice."

Liberal Khalil Ramal from London argued against the Bill, saying it would be interference in the affairs of municipalities. "It would be a scary and unprecedented step towards eliminating the role of municipalities."

Helena Jaczek, Liberal MPP for Oak Ridges- Markham, said waste disposal is a municipal responsibility and that it was "unnecessary" to discuss the Bill in the Legislature; "it simply requires a request from the county" asking that the certificate of approval be revoked.

She also argued that it would be unreasonable to expect the province to compensate a municipality for expenditures incurred as a result of local planning and design and for legal action which arose because of decisions made at the local level.

"I have been told by Ministry of the Environment officials that the county is developing a master waste management plan and is considering, among other issues, what exactly Site 41 could potentially be used for."

Barrie Liberal MPP Aileen Carroll, minister of culture and the minister responsible for seniors, who was interviewed following the vote, said the government cannot unilaterally revoke the certificate of approval.

"We don't have that power. It (the certificate of approval) was issued to the county. The onus is on them to ask that it be revoked. In fact," she added, "I have asked the county to make that request. And if they make the request it will be revoked."

Dunlop said he is also closely watching developments "to see what happens with the Steve Odgen's freedom of information request for the calibrated Modflow.

The Information and Privacy Commissioner has ordered Simcoe County to obtain the calibrated Modflow.

Dunlop said he is offended by the way in which the county has treated the Privacy Commissioner. "I hope the county will look at that in a more positive manner and hand over the information so we can look at it."

Asked how soon the Bill might go to the committee, he replied it is not an easy task, "but I will be working on that. It's a private member's Bill, but it's a very good private member's Bill."

If the Bill were to becomes law it would prohibit the disposal of waste at Site 41 and revoke the certificate of approval. In addition, it would extinguish certain causes of action that may exist concerning the site and entitle the County of Simcoe to compensation from the Crown for certain expenses, provided the Legislative Assembly authorizes the payment of compensation.

Nearly 100 Site 41 opponents packed the public galleries for the debate on the bill, but had left for a rally at Ryerson University before the recorded vote was taken. They were given the news by phone.

Although the county has mothballed the dump, opponents fear the property may be sold and a new owner will use the certificate of approval to open a private facility.