Ron Awde
On Thursday, September 16, with only twelve days before the commencement of the Snowy Ridge Hearing, The Environmental Review Tribunal issued a decision after several weeks of delay, to grant Capstone Infrastructure’s motion to strike key elements of witness statements dealing with noise.
As part of the Snowy Ridge Environmental Review appeal, several local residents and three of the appellant Snowy Ridge Opposition Corp.’s expert witnesses had filed statements that called into question whether the project would operate within the MOECC noise guidelines, citing potential issues with the close spacing of Turbines 3, 4 and 5 and the hilly terrain possibly resulting in higher levels of noise than the models demonstrated.
It has been previously brought to the wind project developer’s and Ministry’s attention that the modelling program used by the Approval Holder for noise assessments is fairly unsophisticated desk top study approach, based on flat topography, whereas the terrain of Snowy Ridge has rolling hills which, as long-time local residents know from experience, distort and reflect sound in a much different manner than flat terrain.
Two neighbours of the turbine project, who will be adversely impacted by the project and slated to appear for the appellant had indicated their belief that the noise levels of the project will exceed the 40dbA limit set by the MOECC. The Environmental Review Tribunal has now demanded that any paragraphs mentioning this concern about the possibility of noise exceeding this limit be removed in their entirety from the witnesses’ statements.
The Ministry’s position is apparently that since the project has been approved by them, it must be assumed that it conforms to their noise limits guidelines. The appellant points out that this is the same Ministry that approved the Ostrander’s Wind Turbine project, which has been subsequently determined to pose a serious threat to the habitat of the Blanding’s Turtle. This fact was confirmed at another Environmental Review Tribunal Hearing several weeks ago by Ministry of Natural Resources staff, who had originally recommended that the project be rejected because of the serious harm it posed to the natural environment. Under these circumstances, the appellant further notes, “you would think that the Ministry of Environment and Climate Change would be more careful before arbitrarily excluding testimony that could result in pre-empting possible harm to health from excessive noise levels.”
It is clear in the Ministry’s approval of the project that there is no interest in a pre-emptive approach to address the issue of potential harm from noise. The onus instead falls on those who live in the proximity of the industrial power projects to report problems with noise after the commencement of operations, and rely on the MOECC to deal with these complaints. In at least one case, this has resulted in the Developer having to purchase a number of properties in proximity to their project. Despite hundreds of noise-related complaints following the start-up of projects across the province, the Ministry still refuses to adopt a more conservative and pro-active approach to the issue.
The appellant contends Ministry’s decision delays and their ultimate decision to severely restrict witness testimony on the noise issue represents a highly prejudicial and unfair manipulation of the review process and is motivated by an intention to spare the Ministry and developer from answering questions that could demonstrate deep flaws in their noise assessment process. They also confirm the suspicions of several participants who believe the Environmental Review process is a costly farce forcing local opponents to use their own funds to fight the installation of these highly inefficient 50 storey industrial turbines in their neighbourhood.
The hearing for Snowy Ridge commences on September 28th at 10am at the Janetville Community Centre. With 75% of the funds required to cover the expenses of the appeal already raised, the appellants are making final appeals for financial contributions to finance their legal costs for the hearings.
Cheques can be forwarded to SR Opposition Corp. c/o PO Box 142, Bethany, Ontario or direct deposits can be made at the TD bank to 5002098.
