Does Anybody Know - Part 6

e-mail sent May 20, 2002 to MPP Steve Gilchrist

Hi Steve

I think that given our recent correspondence and the messages from Allison Lee-Lai of the MOE, the best word under the circumstances is "OOPS!!"

There are lies and there are omissions of information, but whichever it was in this case, Yellow Moon, or their agents, neglected to give accurate information regarding the "garbage and debris" being removed recently from the site. Either that, or the Ministry of Environment failed to divulge accurate information to the public. My understanding is that the legislation was violated on numerous counts. To pinpoint some of those transgressions, as I understand the protocol for this site:

  1. According to the initial response from Allison Lee-Lai, the Ministry of Environment had obviously not been made aware of the site activity and when asked, the MOE was only able to provide me with the "garbage and debris" explanation.
  2. The Ministry of Labour was also unaware of the site activity.
  3. The "garbage pickers" were inappropriately dressed. They should have been wearing full protective clothing before going on site.
  4. A procedure was mandated that continuous Air Monitoring would be in place during ALL remediation work on the Manson Site. It was not evident on this occasion when ACM was being removed from the site.
This situation raises several questions:

  1. Why is it, yet again, the laypeople of the community who have to bring this matter to the attention of the MOE, and indeed, have to persevere until the "real" answers are forthcoming?
  2. Why didn't the MOE staff ask the appropriate questions of Yellow Moon, as soon as they were informed of the activity on site? I find the recent OPSEU strike an unacceptable reason for the failure of Ministry personnel, to find out exactly what was bagged and removed.
  3. There is an established protocol in place for any work on the Manson Site. It was violated. What action is proposed by the MOE? Similarly, what action is proposed by the MOL?
  4. In view of this recent removal of ACM from the Manson Site, will the MOE now consider the submitted Record of Site Condition to be null and void? Given that the previously submitted Record of Site Condition is clearly now inaccurate, how will this effect the audit procedure which, to my knowledge is still incomplete? Will the RSC now be held in abeyance, or more reasonably, will the Ministry's Audit procedure be restarted?
I trust that the Ministries of Environment and Labour will be pursuing whatever legal action is required of them and that the community will be kept informed of the proceedings. I further trust that in your role as Parliamentary Assistant to the Ministry of Environment and Energy, as well as that of MPP for Scarborough East, you are indeed in an excellent position to ensure that any violation of the environmental legislation will be dealt with by the appropriate Ministries, as well as by the judicial system. Only then, will the people of this community accept that the Provincial Government and the Ministries of Labour and Environment have acted in their best interest.

This letter is copied to the CCRA webmaster for posting on the website. I look forward to your response.

Gay Cowbourne, CCRA