A “compelling multi-disciplinary report” has led to the cancellation of a tribunal and withdrawal of an appeal focused on the impact wind turbines on well water, specifically the North Kent Wind project.
“We reviewed the expert reports by both the appellant and the company,” stated John Norton, chief legal officer for Chatham-Kent. “One particular report, prepared by Golder Associates in September 2016, is a compelling multi-disciplinary report that cannot be ignored.”
Municipal officials say the Golder Associates report dated September 2016 indicates that ground-vibrations generated during construction and subsequent turbine operation on well water conditions is likely to be insignificant and will not influence the rate of radon within the groundwater.
The report further indicates that there is no plausible mechanism by which fine rock particles, and their radionuclide constituents (if present) can be transported tens or hundreds of metres from turbine foundation pile locations to water supply wells, Municipal officials stated.
“Chatham-Kent council declared that we are willing hosts to the North Kent wind project but only if it does not affect the health of our people,” stated Mayor Randy Hope.
“We insisted on evidence. Now that we have the evidence, we are satisfied that this appeal has been withdrawn.”
Municipal officials said in a press release a mediation was held on September 30, 2016, with all parties participating.
As a result of discussions in that mediation, the appellant, Kevin Jakubec, and North Kent Wind 1 finalized an agreement just this morning to withdraw the appeal.
Lawyers for the Municipality and the Director for the Ministry of the Environment and Climate Change agreed to the settlement.
Notice was provided today by the appellant’s lawyer to the Environmental Review Tribunal that the appeal has been withdrawn.
The parties are waiting a final order from the Tribunal dismissing the appeal, Municipal officials stated.
Here is a timeline about the matter:
– On March 23, 2015, Chatham-Kent Municipal Council provided a support resolution for North Kent Wind 1 to construct a 100MW wind turbine project in North Kent (approximately 40 to 50 turbines depending on final configuration). This support was given on the condition that the project receive all regulatory approvals including stringent environmental standards set out by the Ministry of the Environment and Climate Change. If the project is built the citizens of Chatham-Kent will receive significant financial benefits including private lease arrangements between landowners and the company, road infrastructure payments to the Municipality, and an opportunity for Entegrus Inc. to invest in the project and to share in the resulting profits.
– On June 29, 2016, the Ministry of the Environment and Climate Change issued Renewable Energy Approval to North Kent Wind 1. This includes stringent requirements including testing of waters wells near turbines and hiring of a seismologist to conduct studies on the impact of vibrations caused by the turbines.
– In July 2016 Kevin Jakubec filed an appeal requiring a hearing before the Environmental Review Tribunal in respect of whether the approval to construct the North Kent Wind project in the former Dover Township, Chatham-Kent, would have serious harm to human health or serious irreversible harm to the environment. His appeal suggested that radon particles could be released into well water because of ground vibrations caused by the construction or operation of turbines.
– On August 22, 2016, Chatham-Kent Municipal Council heard from concerned citizens about potential impacts to water wells by the proposed wind turbine project. Council instructed its Chief Legal Officer John Norton to participate in the Environmental Review Tribunal hearing and take all steps necessary to preserve and protect water wells in Chatham-Kent.
– At a preliminary hearing on August 29, the Environmental Review Tribunal granted Chatham-Kent party status.
– The hearing was scheduled to begin today, October 5, 2016, in Chatham-Kent.
– Prior to the hearing, the parties exchanged expert reports.
Municipal officials say under the Green Energy Act, the Province of Ontario has authority to approve wind turbine projects. One component of the application process is obtaining municipal support although this is not necessarily required and both willing and unwilling host communities have had turbine projects built in their communities.
– Photo credit: Tami Schram
