Open Letter to the Ministry of the Environment:

Urgent Action Needed for C&D Waste in Smiths Falls IPZ

To: The Honourable Andrea Khanjin, Minister of the Environment

The Rideau Roundtable, as leaders of the Biochar Initiative for the Town of Smiths Falls, calls for urgent action to address the discovery of contamination from construction and demolition (C&D) waste within our Intake Protection Zone (IPZ).We appreciate the swift action the MoE has already taken by deploying environmental compliance officers to investigate the C&D waste discovery in our IPZ (Case reference 1-DC5DAJ). Furthermore, we understand that the work of building a strong case and prosecuting it, while affording the responsible parties due process, can and should take years to complete. We in no way wish to interfere with that important process.

However, separate and apart from the issue of accountability is the need for the residents of Smiths Falls to feel confident about the safety of our drinking water. The evidence is clear: large quantities of C&D waste should not be allowed to threaten the safety of our community's water supply. We urge the Ministry of the Environment (MoE) to execute its authority under Section 13.(2) of the compost regulations.Section 13.(2) of the compost regulations provides the MoE with the authority to act decisively in such situations. 

It states:"The operator shall advise the District Manager forthwith of any questionable material received at the site or the disposal of any material described under subcondition (1). The District Manager may at any time order any or all such material to be either landfilled or direct the waste to be utilized for specific uses and locations."We urge the MoE to execute this authority and issue an order immediately to ensure the Town of Smiths Falls begins the necessary preparatory work as soon as possible. These actions will ensure that the Town is ready to begin remediation by spring or summer.

Recommended Order to the Town for Immediate Action

Map Contamination Boundaries

• Action: Take soil and water samples every 25 meters along the perimeter of the approximately 30 acres of contaminated area. Any part of the perimeter that shows contamination will require extending the boundary outward by 10 meters. This new perimeter will be retested and, if necessary, further extended until the entire area where contamination may have spread is fully encapsulated.

Characterize the Waste and Develop Safety Protocols

• Action: Methodically assess the risks posed by asbestos and other dangerous materials by transparently investigating historical records and interviewing town staff in a fact-finding effort to determine what was brought to the site and where it may be buried. This will also require sampling and laboratory testing to identify hazardous substances and design PPE protocols based on the assessed risk.

Drone-Based Lidar Surveys

• Action: Utilize advanced drone-based Lidar technology to precisely measure the volume of contaminated soil and C&D waste within the established perimeter. Quantifying the exact volume of waste to be removed will inform accurate cost estimates and contractor bids.

Competitive Bidding Process

• Action: Develop and issue detailed Requests for Proposals (RFPs) to facilitate a competitive bidding process for safely removing this waste. This process must be data-driven to ensure cost-effective and transparent waste removal.

Feasibility Study to Relocate the IPZ

• Action: Work with Source Water Protection to explore relocating the Intake Protection Zone (IPZ) 1–2 kilometers upstream to safeguard the water supply during remediation efforts or possibly in perpetuity.

Commence Planning and Permitting to Utilize the Unused Portion of the Site for Staging

• Proposal: Repurpose the 3.7-acre originally permitted compost site location that sits just outside the IPZ for:
  • Biochar Production: Produce biochar for use as a soil amendment to neutralize contaminants and improve soil health.
  • Tree Propagation: Establish a nursery for planting new riparian buffer zones using native tree species and organisms beneficial to bioremediation activities to support reforestation and ecological restoration efforts.
  • Waste Sorting and Staging: Set up facilities to sort waste materials, separating toxic substances from recyclable or benign debris to streamline removal and disposal.

  
  

  Conclusion

  The uncertainty surrounding the types and amounts of toxic waste potentially buried at this site highlights an urgent need for immediate action to protect public health and ensure the safety of Smiths Falls residents. Immediate planning and research must begin without delay to address these risks effectively. The Rideau Roundtable implores the Ministry of the Environment to act now by issuing an order under Section 13.(2) and implementing the above recommendations. These steps will ensure the Town is ready to remove the waste and mitigate risks as soon as conditions allow in the spring or summer.

  
  

  Sincerely,

  Nathaniel Morris
  Chief Technology Officer and Project Leader for the Biochar Initiative
  The Rideau Roundtable