PACHA Threatens Lawsuit
February 24, 2009
British Columbia Ministry of Environment
Prince George Office
Attention:
Peter Scharf, Director
Mellissa Winfield–Lesk, Section Head, Air Quality
Hand Delivered
Dear Sir/ Madam:
Re: Concerns about State of Prince George Air Quality
PACHA is very discouraged by the recent information which has shown that the MOE has failed to follow through with Phase ll recommendations that require owners of the most significant fine particulate sources to provide plans to temporarily reduce emissions during air quality advisories! Because we had been told in the past that these recommendations had been fulfilled, failure to comply on this task has led us to question the seriousness of the Ministry of the Environment to resolve the air quality issue. We believe that this lack of diligence by the Ministry in carrying out its responsibilities under the AQ Management Plan leaves the government open to possible legal liability where the health of the citizens of Prince George are compromised as a result.
This lack of action to address industrial emissions (and very specifically, the pulp mills) during AQ advisory episodes is a serious issue. As we see it, there are a number of reasons as to why the pulp mills in particular, can, and should make much more significant contributions to episode emission reductions without further delay:
Other source owners, including residents, businesses, the City and other industries, have been taking reduction measures during advisories for up to 10 years;
Ambient monitoring and modelling results demonstrate that sources such as the pulp mills and rail operations likely also contribute substantively to episode PM2.5 levels; and
Results to date indicate that the source studies will enable average and not short-term emission impacts to be addressed in the Phase III Plan, and therefore the pulp mills in particular should be required to identify substantial episode emission reductions now!
To date we believe that PACHA has expressed good will by trying to work within the system, by learning all we can about air quality and coming up with alternative solutions to the system we found when we first began our quest for cleaner air in Prince George. We do not believe that all parties that we have encountered along this journey have the same goal. We would like to know when these letters to industry are going to be sent out and how the Ministry is going to deal with the follow through!
If the response of these industrial operations is that they cannot for whatever reason reduce their emissions during advisories then another approach needs to be taken and these have to be explored quickly. Either the approach of providing access to new technology to reduce emissions or a forced one of regulation! As it appears to us at present, Industry is the one that dictates how this issue is going to be dealt with now and in the future and the MOE seems unwilling to confront them and deal with this issue.
For the sake of the residents' of Prince George's health and basic human rights and to avoid potential legal repercussions for failure in your office's duty of care to the public, MoE needs to find immediate means of addressing these issues. We would note also that the Supreme Court of Canada has now recognized that industries cannot create excessive annoyance for members of the public without incurring potential liability so it is in these companies' vested interests anyway to take the air quality issues of this city seriously and to act in the interests of the general public during advisories.
We look forward to your quick response and how and when this issue will be dealt with. In light of the very high particulate levels and the ongoing air quality advisory last week, we do not believe that waiting for Phase 3 is a viable option! The people of Prince George need and deserve immediate and effective action to redress these grave air quality problems and unacceptable levels of industrial emissions.
On Behalf of PACHA
David Fuller, Betty Bekkering, Mary MacDonald, Dr. Marie Hay,
Sergio Pettrucci, Kenneth Parker
cc Pat Bell MLA
cc Shirley Bond MLA
cc John Rustad MLA
cc Dan Rogers, Mayor of City of Prince George
cc Media
British Columbia Ministry of Environment
Prince George Office
Attention:
Peter Scharf, Director
Mellissa Winfield–Lesk, Section Head, Air Quality
Hand Delivered
Dear Sir/ Madam:
Re: Concerns about State of Prince George Air Quality
PACHA is very discouraged by the recent information which has shown that the MOE has failed to follow through with Phase ll recommendations that require owners of the most significant fine particulate sources to provide plans to temporarily reduce emissions during air quality advisories! Because we had been told in the past that these recommendations had been fulfilled, failure to comply on this task has led us to question the seriousness of the Ministry of the Environment to resolve the air quality issue. We believe that this lack of diligence by the Ministry in carrying out its responsibilities under the AQ Management Plan leaves the government open to possible legal liability where the health of the citizens of Prince George are compromised as a result.
This lack of action to address industrial emissions (and very specifically, the pulp mills) during AQ advisory episodes is a serious issue. As we see it, there are a number of reasons as to why the pulp mills in particular, can, and should make much more significant contributions to episode emission reductions without further delay:
Other source owners, including residents, businesses, the City and other industries, have been taking reduction measures during advisories for up to 10 years;
Ambient monitoring and modelling results demonstrate that sources such as the pulp mills and rail operations likely also contribute substantively to episode PM2.5 levels; and
Results to date indicate that the source studies will enable average and not short-term emission impacts to be addressed in the Phase III Plan, and therefore the pulp mills in particular should be required to identify substantial episode emission reductions now!
To date we believe that PACHA has expressed good will by trying to work within the system, by learning all we can about air quality and coming up with alternative solutions to the system we found when we first began our quest for cleaner air in Prince George. We do not believe that all parties that we have encountered along this journey have the same goal. We would like to know when these letters to industry are going to be sent out and how the Ministry is going to deal with the follow through!
If the response of these industrial operations is that they cannot for whatever reason reduce their emissions during advisories then another approach needs to be taken and these have to be explored quickly. Either the approach of providing access to new technology to reduce emissions or a forced one of regulation! As it appears to us at present, Industry is the one that dictates how this issue is going to be dealt with now and in the future and the MOE seems unwilling to confront them and deal with this issue.
For the sake of the residents' of Prince George's health and basic human rights and to avoid potential legal repercussions for failure in your office's duty of care to the public, MoE needs to find immediate means of addressing these issues. We would note also that the Supreme Court of Canada has now recognized that industries cannot create excessive annoyance for members of the public without incurring potential liability so it is in these companies' vested interests anyway to take the air quality issues of this city seriously and to act in the interests of the general public during advisories.
We look forward to your quick response and how and when this issue will be dealt with. In light of the very high particulate levels and the ongoing air quality advisory last week, we do not believe that waiting for Phase 3 is a viable option! The people of Prince George need and deserve immediate and effective action to redress these grave air quality problems and unacceptable levels of industrial emissions.
On Behalf of PACHA
David Fuller, Betty Bekkering, Mary MacDonald, Dr. Marie Hay,
Sergio Pettrucci, Kenneth Parker
cc Pat Bell MLA
cc Shirley Bond MLA
cc John Rustad MLA
cc Dan Rogers, Mayor of City of Prince George
cc Media
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