The Ontario Land Tribunal (OLT) has approved a contentious expansion of the Nelson Aggregates quarry – despite years of pushback from the City of Burlington, environmental groups, and local residents – allowing the company to move forward with its plans.
The quarry sits in rural north Burlington, on 2 Sideroad between Cedar Springs Road and Guelph Line. It’s close to Mount Nemo Conservation Area on the Niagara Escarpment, a UNESCO biosphere reserve that hosts hundreds of species of animals and plants.
City officials and opponents expressed disappointment and renewed worries over the Tuesday ruling that permits the expansion of the Burlington quarry.
In its ruling, the OLT stated that Nelson’s site plan drawings and adaptive management plan had “satisfactorily responded to the concerns raised by the City, the Region, and CORE/PERL.”
Conserving Our Rural Ecosystems and Protecting Escarpment Rural Land (CORE/PERL) was among those who provided evidence and testimony against the expansion.
According to the OLT, Nelson had adequately addressed issues related to “the monitoring of ground water and surface water, the protection of natural heritage features, the mitigation of fugitive dust, and safety concerns around blasting and fly-rock.”
“The Tribunal finds that the expansion of the Burlington Quarry represents a wise use of mineral aggregate resources and represents a balancing of public interest.”
‘Extremely disappointed’
CORE/PERL stated it was “extremely disappointed” by approval of this proposal.
The group submitted “compelling evidence at the hearing demonstrating that the expansion of the Nelson quarry will cause dangerous air emissions, threaten our drinking water and expose people to unregulated blasting and flyrock,” wrote CORE/PERL president Gord Pinard in a news release.
“Nothing in the decision addresses these public health and safety concerns, except to say ‘trust’ the Ministry of Natural Resources (MNR) with enforcement standards that reports from the Auditor General indicate MNR systematically ignores.”
Gord Pinard, president of citizen group Conserving our Rural Ecosystems, says CORE/PERL was ‘extremely disappointed’ with OLT’s approval for proposed expansion. (Saira Peesker/CBC)
David Donnelly, an environmental lawyer representing CORE/PERL, mentioned that public trust in approving Nelson’s quarry expansion needed careful consideration regarding how credible their evidence is.
“The evidence at hearing including Auditor General’s report strongly pointed out you can’t trust Nelson or several experts they presented,” Donnelly stated.
‘My client and public doesn’t trust Nelson’: lawyer
Donnelly noted that two reports from Auditor General have been released concerning aggregate resource management along with MNR’s role in monitoring compliance with provincial regulations.
“The Auditor General was very critical about how MNR wasn’t properly inspecting or enforcing Aggregate Resources Act,” Donnelly told CBC Hamilton on Wednesday.
“The tribunal is asking public to trust MNR will ensure Nelson Aggregates protects them from human health risks,” he added. “Honestly my client as well as public doesn’t trust either Nelson or MNR for their safety.”
‘Not what we hoped for’: Burlington mayor
The City of Burlington has opposed this expansion due to possible effects on wildlife habitats, groundwater quality, rural communities as well as residents’ quality life near quarry operations. p >
“This isn’t what we hoped for either Burlington or Mount Nemo; our world biosphere reserve,” said Mayor Marianne Meed Ward in statement.
Meed Ward expressed gratitude toward residents plus community advocates who’ve dedicated years collaborating with city staff & council aimed at protecting Mount Nemo area.
“Their commitment has been extraordinary,” she stated. “City staff are reviewing this decision & will inform council about options available moving forward. Our dedication towards safeguarding Mount Nemo along with community remains strong.”
‘This isn’t what we hoped for either Burlington or Mount Nemo; our world biosphere reserve,’ Mayor Marianne Meed Ward mentioned in statement. (Michael Charles Cole/CBC)
The city announced it’ll now examine tribunal’s full decision alongside legal counsel plus technical staff which includes conditions tied into approval requirements plus necessary monitoring obligations as well as any legal or procedural avenues open up for municipality.
“It’s too early confirming what this means regarding timing implementation enforcement future city involvement” remarked city officials.
For nearby residents & rural community members who’ve voiced worries surrounding groundwater natural environment impacts over time it’s disappointing news according Councillor Rory Nisan deputy mayor responsible environment commented upon statement.
“Their voices advocacy counted throughout process,” Nisan noted “I’ll continue working closely within community while we evaluate decision determining next steps ahead.”
reached out seeking comments from Nelson Aggregates regarding situation.
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