FRSC LANDFILL HEIGHT INCREASE

The picture above shows the top of the landfill as of February 2024. The FRSC is starting a project to add 27.5 metres (90 feet) to the top of the landfill. For perspective the trees around the landfill are 30 to 40 feet high.

CMEI has opposed this project since it was first anounced. The major reason for this opposition focused on the Environmental Impact Assessment (EIA) Registration document released by Gemtec. CMEI found that this document does not address several issues that should be considered for a project with such significant impact on the existing landfill waste pile and also glosses over several other important factors.

To assist CMEI in the detailed analysis of the EIA Registration document, CMEI contracted EXP Services Inc. EXP in turn retained Dr. Kerry Rowe, who is the current Barrington Batchelor Distinguished University Professor in the Faculty of Civil Engineering at Queens University in Kingston, Ontario and is the Canada Research Chair in Geotechnical and Geoenvironmental Engineering. Dr. Rowe has performed extensive globally recognized and peer reviewed research into landfills with a specific focus on liner systems. Dr. Rowe produced an in-depth evaluation of the EIA Registration document, focusing on the existing design and construction of the landfill liner system, the evolution of landfills and landfill liner design and construction since the original design of the Crane Mountain landfill and the identification of significant contminants in landfill waste that were unknown or not considered significant when Crane Mountain was first designed and constructed.

Read Dr. Rowe's full report here

EIA Registration Process and CMEI's Opposition

Below are the set of documents produced by Gemtec, the Technical Review Committee (TRC) and CMEI since the EIA registration was first issued in June 2023.

EIA Registration Document (June 23 2023)

Gemtec prepared and issued the registration document to the Department of the Environment. Recorded on the NB government website as EIA #1617.

TRC Round 1 (September 2023)

The TRC produced a set of questions and Gemtec responded.

TRC Round 2 (December 2023)

The TRC produced a second set of questions and Gemtec responded.

TRC Round 3 (March 2024)

The TRC produced a third set of questions and Gemtec responded.

Online FRSC Public Information Session (October 3, 2023)

FRSC held a public information session online. Before the session, CMEI requested that it be held in-person to ensure adequate opportunity for public attendance.

FRSC Public Presentation (January 1, 2024)

FRSC held an in-person public presentation and information session. Attendees were given the opportunity to ask non-technical questions. This document seems to have been removed from the Fundy Region's website.

CMEI Public Presentation (March 19, 2024)

CMEI held an in-person public presentation and information session. Attendees were given the opportunity to ask any questions.

CMEI Public Session Questions and Answers

CMEI documented the questions raised by the public and recorded the answers.

FRSC Public Consultation Summary (March 6, 2024)

A requirement of the EIA process is that the proponent (FRSC) provides the Minister of the Environment with a summary of the interactions they had with the general public regarding this project, including all questions asked and Gemtec's replies. This document seems to have been removed from the Fundy Region's website.

Minister of Environment Certificate of Determination (May 14, 2024)

The Minister of the Environment issued a conditional Certificate of Determination (CoD), permitting for the height increase to proceed WITHOUT THE NEED FOR A FULL ENVIRONMENTAL IMPACT ASSESSMENT.

CMEI Presentation to the FRSC (June 27, 2024)

CMEI made a presentation to a meeting of the Commission. At that time, CMEI had not been made aware of the CoD. The main message was that the potential for leakage is a major concern to CMEI and there is a strong probability that the monitoring may not discover that leakage. This puts a significant threat of pollution reaching the 1000 domestic wells downstream of the landfill.

CMEI Application for Judicial Review (August 13, 2024)

CMEI's lawyer filed a Notice of Application to the Courts in Saint John, requesting a stay of the Certificate of Determination, an injunction preventing FRSC from commencing any part of the project to increase the height of the landfill and to overturn the Minister's decision. the Minister's decision. CMEI believes that the decision by the Minister was wrong and that a full EIA is required before any work starts on raising the height of the landfill.

Subsequent Action

On May 14, 2024 CMEI withdrew the Application for a Judicial Review. CMEI is still opposing the height increase and has requested a meeting with the Minister of the Environment to discuss their concerns.