It’s the Pits (2)

It's the Pits

Neighbours looking after Neighbours, http://plg.uwaterloo.ca/~holt/pit

Oct. 1999

Newsletter of the Pilkington West Ratepayers Association – Middlebrook Chapter

The association was formed in 1998 by residents in Pilkington West Township to deal with problems of gravel pit expansion proposals in the vicinity of the Bethel Church Road. The Middlebrook chapter is dealing with the proposed pit expansion in the Middlebrook Road area.

OMB Mediation Has Started. Mediation sessions between the Murray Group and our association began on Friday, September 17, at the town hall in Elora. The OMB mediator heard arguments on noise issues. The Murray Group tried to make the case that they have never been operating outside the noise guidelines of the Ministry and that our complaints are vexatious. However, our noise expert, John Coulter, effectively countered this with an explanation of why noise levels are very much dependent on local weather patterns and that about one-third of the time the noise levels are now excessive.

Existing Noise Problems. The Murray Group argued that as a separate pit application, only the proposed pit should be considered. We made the case that all sources of noise (from all pits) should be considered, not just those to come from the proposed new pit. We were successful in requiring a further study to determine if the noise from the existing asphalt plant can be reduced by installation of a "silencer" around the exhaust fan, the source of much of the noise. We also agreed to a further study of the proposed "processing plant" (crusher etc.) for the new pit to determine if the plant conforms to the assumptions built into the calculations done by the Murray Group's noise engineer.

Agreed Upon Principles. The mediator for the OMB had both sides agree to some basic principles:

Equipment to be used should be measured for sound before being used. This way residents can be assured in advance about the individual pieces of equipment.
Any material hauled from the new Shoemaker pit to the existing pits for processing (e.g. material taken to the asphalt plant) will be processed using the same noise standards as if it were being processed in the new pit. This will prevent the Murray Group from avoiding the new rules by doing the processing in the old pits.

Minimizing Noise Impact. We conceded one key point, namely, allowing excavation at the extreme west corner of the new site, where noise will exceed Provincial limits. The Murray Group agreed to limit the duration of this excavation and to do this excavation during fall or spring to minimize this noise impact. We felt successful in bringing this problem and the problems with the existing pits under consideration.

OMB Mediation Schedule. The last three mediation sessions are scheduled for October 22, November 12 and December 3. The October meeting will first follow up on the noise issues and then deal with watertable and environmental issues.

Support Your Negotiators. The Murray Group has demanded that each person authorize Harry Panjer, Director of the Middlebrook Branch, and Ric Holt, Vice-President of the Pilkington West Ratepayers Association, to negotiate on their behalf along with lawyer Peter Pickfield of the firm Turkstra Mazza of Guelph. We will be requesting this from each resident. Anyone willing to assist in this process is most welcome. Call Harry at 846-9292 or Ric at 846-2298.

Neighbourhood Watch. As before, we would like to collect all complaints of noise, traffic, smell and other problems coming from the Murray Group's pits. Please document any problems you encounter by recording the time, date and any specifics of the concern. The Ontario government is cutting back drastically on its capabilities to monitor problems and will rely on the complaints process. The better complaints are documented, the more able we will be to get effective enforcement and compliance. Please pass on details about problems to Marie Holt (846-2298).

Funding of the Appeal. As before, we need financial assistance to support the legal and expert witness fees of the mediation sessions. We hope these sessions will result in a mediated solution. Each session will cost in excess of $2,000. We hope that each month for the next four months, each household will be able to contribute to our legal fund. Harry Panjer (846-9292) will contact members in the next week or two. THIS IS A GOOD INVESTMENT. The quality of all our lives will be improved as a result of these negotiations.

Second Annual Neighbourhood Potluck Dinner. The party was a great success --- we didn't (hardly) discuss the pits!

ASSOCIATION MEMBERS

The following persons have given permission for their names to be listed as objectors for the purpose of the OMB appeal.

Ann Collier Gordon Collier Joanne Coyle Geoff Guy Marie Holt

Richard Holt Randall Howard Karen MacLeod Bernice Marshall Harvie Marshall

JoAnn Martin Judy McMullen Harry Panjer Cecilia Piotrowski Piotr Piotrowski

See also pit web page.