January 2012
Partial Building Permit issued
Submitted by Doug Anderson on January 29, 2012 - 2:50pmA building permit has been issued for an initial portion of the Energy for Waste Incinerator.
In an email, Rick Pigeon, Clarington's Chief Building Official states, "This permit is for a small part of the main building and is for a footing and foundation for the refuse pit area and tipping area only. The floor area of this part of the project is 1466 square meters in area with a construction value of $2,000,000."
While disappointing, this was not unexpected. Given the glacial pace of our legal action, the pressure on Clarington to 'get on with it' must have been powerful.
This raises the ante somewhat, as the more money invested in the site, the greater the financial downside if (when) the zoning is overturned.
Zero-Waste Coalition challenges Energy Minister on Inclusion of EFW in FIT
Submitted by Doug Anderson on January 25, 2012 - 6:33pmYesterday (Jan 24), the Ontario Zero-Waste Coalition led by its founder, Liz Bennian and internationally renowned ZeroWaste campaigner, Paul Connett, held a Press Conference at Queen's Park to challenge the notion that "energy from waste" is fit to be included in the FIT (Feed in Tarrif) program of the Energy Ministry's Green Energy program.
Information emerged in the last few weeks that Energy Minister Chris Bentley was considering including energy produced from burning municipal waste in the Provincial government’s
FIT program as part of the Program review that is currently underway.
"Providing a taxpayer funded subsidy to large, multinational companies to generate dirty energy is something the 22 member groups of OZWC strongly oppose." said Liz Benneian in a press release. The full release can be read here
DurhamCLEAR is part of the Coalition but did not attend the news conference. Linda Gasser and Wendy Bracken were there to represent the groups in Durham Region.
The Press conference was a follow up on a strong and detailed letter sent to Bentley on Jan 18. (attached)
Bottle Drive - Sat. Jan 14
Submitted by Doug Anderson on January 14, 2012 - 2:12pmTo help raise money, DurhamCLEAR is collecting wine/liquor/beer bottles and beer cans as well as 1-litre glass jars (any kind) which have been requested by a local caterer.
Saturday, January 14, 10 am-4 pm
DC to appeal security portion of decision
Submitted by Doug Anderson on January 5, 2012 - 3:00pmAfter thoroughly digesting Justice Lauwers' decision, DurhamCLEAR has decided to appeal the security portion of his decision.
While we were delighted that he gave us standing to proceed and that he declared that we qualified as a public interest litigant, We were stymied by the requirement to post security. DurhamCLEAR does not have $40,000 and it would be impossible to raise that amount within the time frame allowed.
Up until this decision there has been a generally accepted legal principle that public interest litigants were treated differently with respect to cost awards, and were not required to post security for costs.
This ruling is a concern not just to DurhamCLEAR but to public interest litigants throughout Canada.
DurhamCLEAR has little choice but to appeal this aspect of his decision.
As a result, an application for Leave to Appeal was filed on Friday, December 23.
Our lawyers will appear in Newmarket court on Feb 8, 2012 to set a date for the Leave to Appeal hearing. If Leave is granted, then the actual appeal will go before a three-judge panel at a date still farther in the future.
Should leave be granted, this appeal will greatly lengthen the legal process. Among other things this gives us longer to raise the money to pay, not only our own legal bills, but potentially give us enough money to post the $40,000 should we lose the appeal.
Meanwhile, the Region has indicated that it wants to start construction of the incinerator this month (January). Clarington has granted Site Plan approval and an application for the Building Permit on a portion of the project has been received. It is "for a small part of the main building and is for a footing and foundation for the refuse pit area and tipping area only".