Fertilizer plant approvals upheld

Thursday, December 20, 2012

by BETTER FARMING STAFF

A clerical error has cost the Southgate Public Interest Research Group (SPIRG) and some members of the Six Nations the right to appeal Lystek International Inc.’s environmental approvals for its Southgate Organic Materials Recovery Centre before the Ontario Environmental Review Tribunal.

SPIRG is opposed to Lystek building its facility near Dundalk to process dewatered biosolids, septage and other liquids into a fertilizer product to be spread on farmers’ fields.

In a news release, Lystek agrees that the SPIRG appeal was “not filed properly and, therefore, could not be considered.” However, Kevin Litwiller, the company’s director of business development, goes on to say in the same release that “the arguments presented by SPIRG and the other applicants had no basis scientifically, technically, or factually. Our approvals were issued by the Ministry of the Environment and the Grand River Conservation Authority after an extended, detailed review process and extensive consultations with both the public and First Nations communities.”

James Cooke, vice-president of SPIRG, says “we missed an email address and that basically cost us the right to appeal.“

In a statement, Cooke says, “SPIRG and members of the Six Nations community have missed an opportunity to appeal the Lystek Certificate of Approval through the Environmental Review Tribunal. The decision was not based on consideration of content of the appeal application but on the timing of its arrival. The documents were prepared in time to make the 15-day appeal deadline, and they were submitted to all but one critical email address when they were filed. But because the appeal documents did not reach the Tribunal within the 15-day deadline, the opportunity for this process was denied.”

Cooke says this is not the end of their opposition, however. “We have appealed their building permit,” he says. The appeal, which Cooke says will be heard by the Ontario Court of Appeal, follows an earlier Ontario Superior Court ruling that upheld the Lystek building permit on what Cooke calls, “a narrow point of law.” Following that decision, SPIRG was ordered to pay Southgate Township’s $41,185.34 legal fees, although payment does not have to be made until after the appeal. Lystek was not awarded legal costs.

Cooke says they are waiting for a court date. “We are confident,” Cooke says, “under this panel of judges, they will reconsider.” BF