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Southgate Residents gather to hear information about the proposal and to voice concerns
The newspaper ad, sponsored by an ad-hock group of concerned Southgate residents, encouraged people to come out on Sept. 28th to get the facts on the proposed new sludge-processing plant in Dundalk.  By 7:30 PM, the  Dundalk Arena parking lot was so full, vehicles were parking on the grass beyond the edges of the pavement. 

Chairing the event was Dundalk community leader Audrey Oldfield - celebrating her 79th birthday by chairing a public meeting with a panel of presenters talking about sludge and a proposed facility to process a mountain of it in Dundalk.  From the microphone, she commented with amusement at the reaction of her three sons to the choice of entertainment for her special day.

Some of the panelists who spoke brought their own personal areas of expertise to develop a list of unanswered concerns about the proposed project.

• Don Dillman - owner of a business dealing with the management of septage waste provided some insight into bio-solids bio-hazard and odour questions.

• Peggy Luxton - who provides in-home care to elderly people  - identified the potential sensitivity of elderly people with respiratory health problems to air pollutants such as the ammonia and hydrogen sulphide identified in the Lystek EBR submission.

• Richard Guenther  -with a personal background in trucking -  drew the attention of the townspeople to the evidence that dewatered biosolids would need to be trucked in tarped open-topped vehicles rather than tankers.

• Ian MacCallum drew attention to apparent anomalies between the volumes described in Lystek correspondence with Dundalk homeowners and the volumes described in Lystek's EBR posting. 

• Randy Martin drew upon his background in agronomy to discuss some of the processes and precautions that usually surround the application of biosolids to farm fields.

• Steve Karsh delivered an eloquent summary of the themes and community concerns.

Chair Audrey Oldfield demonstrated a notable capacity for crowd control  - one no doubt honed from a lifetime in front of a classroom and various youth choirs.  Members of Council who were invited as guests of the discussion were free to listen to the information and the concerns shared, but the assembled citizens were asked to direct their questions for this meeting to the assembled panelists. 

Members of the community saw people they knew from their church, their little theatre and sports organizations, and their neighborhoods coming together with concern.  Obviously feelings were running hot, and obviously there were many concerned people in the room.  But it's worth noting that a small town that can muster a meeting of such scale, on such a short notice, based on an ad-hoc volunteer group, is a small town with a fabric of community spirit.  That, at least is something to celebrate, and an asset that should not be underestimated in any decisions about Dundalk's future.

 
 
 In this article, we provide links to additional resources that underscore the concern we expressed is not unique to our small community, but one that has been a topic of significant discussion and concern among regulators, scientists, and academics.

Consider the following evidence:

In 2002, the National Research Council of the National Academy of Sciences (NAS) warned that the scientific
underpinning of the the US EPA's guidelines governing the land application of biosolids was based on outdated or nonexistent science.  These are the major recommendations offered by the NAS  starting on page 117 of a balanced, carefully reviewed and thoroughly-researched 
report:

"Recommendation: Because of the significant changes in risk-assessment methods and
policies over the last decade, EPA should revise and update the Part 503 rule risk assessments.
Important developments include recognition of the need to include stakeholders throughout the
risk-assessment process, improvements in measuring and predicting adverse health effects,
advances in measuring and predicting exposure, explicit treatment of uncertainty and
variability, and improvements in describing and communicating risk. EPA should consider how
the updated risk assessments would change the risk-management process. A similar approach
can be taken with the issue of biological agent risks."

Recommendation: Many of the measures of risk used in developing the Part 503 rule
guidelines cannot be monitored. Because of that inability to monitor, the committee
acknowledges that EPA must perform theoretical risk assessments. Nevertheless, there is a
continuing need to provide some measures of performance that can be monitored (e.g.,
concentrations of selected chemicals in exposure media, such as indoor air, house dust, or tap
water of residences near land-application sites; and exposure biomarkers in the blood or urine
of nearby residents). Recent improvements in health surveillance and exposure monitoring
provide new opportunities for EPA to develop more explicit and measurable metrics of
performance for biosolids land-application practices.

Recommendation: In making revisions to the Part 503 rule risk assessment, EPA must
strike a balance between expending resources to carry out site-specific data collection and
expending resources to model and assess risk using existing information. In light of
improvements in exposure and health monitoring, the committee encourages EPA to consider
options carefully for collecting new data in support of risk-assessment assumptions before
resorting to another risk assessment that relies only on existing data, models, and default
assumptions. Among the data that would be of value are data on proximity of receptors to landapplication
sites; surveys of activities that could increase direct and indirect exposures; and
samples of biosolids, air, vegetation, runoff, groundwater, and soil in environments surrounding
land-application sites. In addition, EPA should conduct site-specific surveys of performance
(e.g., monitor the extent to which rates and depth of application are consistent with riskassessment
assumptions) and scientifically relevant studies of health complaints.

Recommendation: Because there are no guidelines to ensure that conditions assumed in
the risk assessment actually transpire, the committee recommends that the Part 503 rule provide
guidance for periodic reassessments that will be used to ensure that the demographic and
operational conditions of biosolids land application are consistent with the assumptions of the
applicable risk assessment."

The National Research Council of the National Academy of Science - is not exactly a left-wing fringe group. Ask yourself - are the recommendations listed here the kind that esteemed scientists would make if they believed that biosolids could be applied to farmland with "no environmental impact?"

 
 
Cornell University in Ithica New York offers some of the best agriculturally focused programs available in the United States.  No surprise then that the Cornell Department of Crop and Soil Sciences is paying attention to the question of farm-land-application of sewage sludge.  Here's how a 2006 article published by Cornell concludes:

"Evaluating the risks posed by individual chemicals, let alone mixtures requires multiple assumptions that can lead to unacceptably high levels of uncertainty. Current limitations in our knowledge base regarding the amount and type of chemicals in sludges exacerbate this problem, as does the limited availability of fate and toxicity data, for both human and non-human receptors. As sludge application occurs on farms, forests, and mines, as well as residential and recreational land, humans, wildlife and soil organisms may all be exposed to the organic contaminants present in sludges. Filling the gaps in knowledge regarding the concentration, fate and toxicity of sludge-borne contaminants is critical if the risks associated with land application are to be adequately characterized."

Does that sound like "No environmental implications" to you?

 
 
The Sierra Club is the oldest, largest, and most influential grassroots environmental organization in the United States. Here's what they had to say in a 2008 report about the land application of sewage sludge.

"Although the Sierra Club supports the use of pathogen- and pollutant-free treated human waste as fertilizer, such a practice is only possible by separating the industrial waste stream from human waste. Sewage treatment plants are not designed to separate wastes and to produce fertilizer. They were designed to remove pollutants from the wastewater. Many of these pollutants concentrate in the resultant sludges. As a result the exact composition of any sludge is unknown. Urban sludges are a highly complex, unpredictable biologically active mixture of organic material and human pathogens, some of which are resistant to antibiotics or cannot be destroyed through composting sludge can contain thousands of industrial chemicals, including dozens of carcinogens, hormone disrupting chemicals, toxic metals, dioxins, radionuclides and other persistent bioaccumulative poisons."

In the recommendations at the conclusion of the 2008 article, the Sierra Club, like the National Academy of Sciences (quoted in another article in this series) levels a criticism at the US EPA with respect to the way the EPA has characterized the risk of land application of biosolids:

RECOMMENDATIONS FOR RESEARCH AND THE NATIONAL PROGRAM
1. The deficiencies of the current land application policy cannot be addressed by merely "fine tuning" the existing rules or by issuing guidance documents or adopting voluntary sludge management systems. Long-term, a policy that deliberately allows the addition of persistent pollutants to the nation's farm and forest soil is indefensible. THEREFORE the Sierra Club urges the EPA and industry to investigate and support safer, non-polluting alternatives for sludge use and disposal beyond land application.
2. The Sierra Club urges EPA to shift research priorities. Currently the promoters of land application are also its regulators. This is a serious conflict of interest. Tax dollars are being spent for crisis management, for aggressive PR campaigns, and for funding fraudulent research, based on fabricated data, to “prove” that land application is safe, rather than on supporting unbiased research that would make land application safer. Research funds should not be administered by those who have a financial stake in the outcome. Research needs include unbiased, independent investigations of reported incidents of health and agricultural impacts from land application. Individuals who believe they have been impacted, as well as independent technical experts, must be involved in the determination of the research objectives.
3. Data are needed on the long-term effects of sludge on soils; on identifying and regulating the many pollutants of concern that currently are not regulated or monitored; on why land application adversely affects human health and live stock; and on how land application affects wildlife, nonagricultural plant communities, aquatic organisms, forest ecosystems, and wildlife habitats. In fact, beyond the Oak Ridge
National Laboratory literature review, EPA has not addressed these ecological impacts of sludge spreading. Data are needed on the identity, prevalence, fate, transformation, transport, and survival of disease causing pathogens, and airborne sludge contaminants. Data are needed on chemical mixtures and their toxicologic interactions in sludges, and how they affect human health and the environment.
4. Improved methods need to be developed and used to identify, monitor, and eliminate pathogens from sludges. Required management practices need to be improved to prevent exposure of people and animals. Class B sewage sludges contain significant levels of pathogens, some of which can survive in soil for months, even years. There is evidence that sludge odors and airborne contaminants are associated with illness. Current treatment and management practices are not adequate to prevent off-site odors. Beyond David Lewis’ groundbreaking article (www.biomedcentral.com/1471-2458/2/11 ) that documents and explains the illnesses and deaths attributed to sludge-exposure, no valid health studies have been conducted by EPA to assess how current land-application practices impact human health. Even though the 2002 NAS panel urged EPA to implement such studies, the agency has stated that it has no plans to do so.
5. To protect soil and groundwater from persistent sludge contaminants and from over application of phosphorus, application rates must be based on many other factors than the nitrogen needs of a given crop or the cumulative loading of the handful of regulated toxic metals.
6. Current allowable levels of metals in sludge and sludged soil need to be radically lowered. Pollutant tracking and site restrictions are necessary for all sludge types, including so-called Class A EQ sludge.
7. Any land application policy must be based on valid scientific principles and include enforceable and enforced regulations.
8. If land application is to remain a disposal option, industry and government must abandon the current risk-based approach (which allows the accumulation of persistent pollutants in soil, until the land has been permanently degraded). Instead, land application must be based on the ecological principle of sustainability and non-degradation.  In 1996, a National Research Council panel affirmed that a non- degradation policy for land application is based "on a valid scientific principle." Healthy farm and forest soils are a precious and limited resource. Preserving and protecting this resource should be a high priority. Any land application policy must be based on sustainability with a goal that no persistent toxic chemicals be added deliberately to soil beyond background levels. The European Union, aware of the need to protect soils in perpetuity, has based its land application policies on the principle of non-degradation and sustainability with much more protective regulations. And the European community has plans for even stricter regulations in the future. In fact, several European countries are following Switzerland’s  example of phasing out land application altogether."

"No environmental implications?" 
 
 
At the Oct. 12th meeting on the proposed fertilizer from waste project, Lystek executives had the introduction of our Mayor and 40 minutes of uninterrupted air-time at the beginning of the meeting to present their credentials, show slides, tell their story and make their case for why the plant they propose to build is, in their words,  “in the best interests of the community.”  

The SPIRG team has been tracking public opinion on this proposed project, and on Oct 12 invited members of the audience to fill out  a questionnaire with the same questions as the initial survey SPIRG circulated at the first Lystek information meeting.  

Fifty-four of the meeting attendees took time to fill in the survey and return it to SPIRG after the meeting.  Here are the results:
1. "I am in favour of Southgate Council granting as building permit
for this sludge-to-fertilizer facility."
(a) Strongly agree--0
(b) Somewhat agree--1
(c) Neither agree nor disagree--1
(d) Somewhat disagree--0
(e) Strongly disagree--52

2. "I am concerned that attracting waste-processing industries to
Dundalk will discourage desirable forms of industry from locating in
Dundalk and the surrounding community."
(a) Strongly agree--50
(b) Somewhat agree--0
(c) Neither agree nor disagree --1
(d) Somewhat disagree --2
(e) Strongly disagree --1

3. "Notwithstanding the levels of heavy metal and chemical
contaminants typically contained in sewage sludge, I see the
spreading of fertilizer derived from sludge to be a sustainable
farming practice."   (one had no answer marked for number 3.)
(a) Strongly agree--0
(b) Somewhat agree --1
(c) Neither agree nor disagree --4
(d) Somewhat disagree --1
(e) Strongly disagree --47

4. "I believe this facility will contribute positively to the
quality of life in Dundalk and Southgate Township."
(f)  Strongly agree--1
(a)  Somewhat agree--2
(b)  Neither agree nor disagree--0
(c)  Somewhat disagree--0
(d)  Strongly disagree--51

5.  I am a resident of:
(a) Dundalk--41
(b) Southgate outside of Dundalk--9
(c) Outside of Southgate—4

To be fair, there is sampling bias involved in this data:  The people completing the survey were not randomly selected, but rather participated as a result of self-selecting actions -  they took the time to attend the public meeting, they formed an opinion (as it turns out, one that was generally independent of the one Lystek officials hoped to invoke) and, they engaged as citizens by responding to the survey.   

These behaviors make them, statistically speaking,  different than the “average” citizen of Southgate Township. So we don’t wish to represent these numbers as an index of public opinion that can be accurately projected to the entire Township population. 

Still, these numbers still tell an important story.   Of the 54 respondents, 52 strongly disapprove of a building permit being extended to the proponent.  That statistic reveals a strengthening opinion trend within the population of Dundalk and area residents regarding the proponent and their proposed project when compared with the first survey SPIRG conducted following the Sept. 1 meeting.

And, in the eyes of Common Ground, the most significant and useful finding of this survey is not found in the first question, but the second.  Out of 54 responses to the proposition: "I am concerned that attracting waste-processing industries to Dundalk will discourage desirable forms of industry from locating in Dundalk and the surrounding community,"  50 expressed “strongly agree.”

This reaction reveals a firmly held and broadly-based perception that the location of one kind of business in a town – especially a big controversial waste-processing business in a small town -  resets the possibilities for other kinds of desirable businesses to locate themselves in that town.   

What kind of desirable businesses might those be?  We need look no further than the Township of Southgate website for suggestions such as these:

  • ·         Boutique Hotels, Motels, Small Inns and Bed & Breakfasts
  • ·         Pubs and Restaurants & a Banquet facility
  • ·         Sporting Goods, Bike rentals and Horseback riding
  • ·         Antique shops and Boutiques
  • ·         Destination spa/fitness services
  • ·         Tack or Equestrian Supplies Shops
  • ·         Hunt clubs or camps
  • ·         A fine food family restaurant
  • ·         A casual clothing store
  • ·         A printing & office supply store
    • ·        
    • ·         Micro brewery
    • ·         Bed & Breakfast Accommodations
    • ·         Cheese production
It’s appealing to imagine a Dundalk enhanced with the addition of such businesses.  But starting up a business is hard and risky work at the best of times. Given a choice, it seems reasonable that entrepreneurs in consumer-driven enterprises would elect to invest in a community where the local ambiance becomes an attractive marketing attribute of their business identity – not a liability.  The survey results underscore this point in the negative: As long as the door remains open to a potential regional economic identity problem hanging over Dundalk’s future like a foul smell, other doors are expected to stay closed. 

This acknowledgement of a trade-off – the sense of mutually-exclusive possibilities in regional economic identity - is evidently a different perspective than the one that has been pressed forward insistently over the last half-dozen years by Southgate’s Economic Development Office.  It is evidently a different perspective than that of the previous Mayor and Council who in 2009 modified the zoning provisions of the Dundalk industrial park to include waste-processing as an acceptable land use  (and did so, without so much as holding a public meeting to consult with the people of Dundalk on this choice).   And we take no joy here in observing that this is a different perspective than the one signaled by the majority of our current Councilors who evidently voted to sell land to Lystek. 

Has the time not come to ask how can we as a community come to a lasting agreement on this broader question?  How can we do so in a way that leads to our public, our non-elected community leaders (of all ages), our elected officials and our paid township staff working together…  not at cross-purposes  as we have been for years … but together in a common purpose to build a better, more vibrant, more prosperous community? How can we take all the passion and energy and time and money that has gone into both sides of the battling over a succession of waste-focused economic development ideas and get those resources aligned in a way that builds a better community?  The answer we propose is a new way of framing the problem. 

In our Sept. 1, 2011 interview with Mayor Milne, (also published on www.commonground-spirg.ca)  we touched on the role of public opinion in Council’s decision, and in response he alluded to a present dilemma of leadership.  He referenced the perspective that had been coached into him and other members of council by our previous Mayor Lewis.  “We’re elected into office to lead, to make decisions – we can’t govern by plebiscite.” 

Is this a zero-sum trade-off we must accept? Where the public’s perspective needs to be over-ruled for the greater good of an economic vision or the maintaining of orderly governance?  Where the opinion of Southgate Council must prevail against the opinion of the people in the community  in order to protect  prosperity or the stability of our governing institutions? 

In the eyes of Common Ground, too much of our history as a community has been characterized by exactly that conceptual framework.  And clearly this way of framing the problem has not been helpful in realizing our potential as a community. For your evidence, look beyond the howls of community protest at the Oct. 12th meeting. Look to the shuttered shops on Dundalk’s main street. Look to the detached cynicism implicit in our municipal election turn-out.  Look at the delta between the “waste-centric” economic development vision pressed by the Township over successive administrations and the economic development ideas shared in SPIRG’s World Café – or even the Township website.    And as you look forward, ask whether  this frame offers any prospect of peace in the ongoing rift that is evident between our Council’s choices and our community’s feelings around the acceptability of waste-focused industry as  the driver of our regional economic identity?

How can we move forward from this impasse?   For our olive branch we will concede that the public is not reasonably entitled to the expectation that our elected officials will hold a plebiscite on every issue upon which there is a spectrum of opinion within the community.  Doing so would be a panacea only if wrong-headed thinking was a phenomenon restricted only to small groups of people. And we know that’s not true.  But in exchange, would it be too much to ask Council to concede that the public does have an inviolable right to expect our elected officials, and the staff they guide,  to govern their decisions with a sensitivity to all the dimensions of an issue the public cares about. With thoughtfully-designed, carefully researched, evidence-based decision processes conducted in clear public view. And with humility around the possibility that earlier opinions and decisions should occasionally be subject to reexamination?

In that context, we now return to the difference in opinion between our Municipal Government and the respondents to our surveys – to see if we can find a path forward to greater community alignment – one that does not require a winner and a loser - the domination of one group and one perspective by the other. 

And here it is.  We noted much earlier in the analysis of our survey results that the cohort of respondents should not be understood as statistically “representative” of the broader population of Southgate because they self-selected into the survey through their actions. That bias is actually helpful here.

Because these are the people who mustered the energy to set aside whatever else they were doing to come to public meetings.   These are the people who proactively gathered information. These are the people who formed independent opinions.  These are the people who took the social risk involved in communicating their perspective. These are the people who were optimistic enough to imagine that filling in that questionnaire might make a difference.  Have you noticed the pattern yet? Those are all characteristics of the rare sub-species of humans we call “entrepreneurs.”

Let’s ask ourselves – just where will we find those potential entrepreneurs to start businesses in Dundalk?  Where will we find  those people with the energy, and skills and optimism, and risk-taking, independent attitude who might launch a business in Dundalk?  Where will we find the people who might open a B&B or a restaurant, the people who might set up a shop selling hunting or riding gear, the people who might start an artisanal food business?  Is it possible some of them are already here?  Clearly, we found proactive people with a genuine passion for this community - non-cynical people who get engaged, think independently, take risks, and have an optimistic outlook.  That’s the behavioral  profile of our survey cohort.  And whether or not any of these people ultimately do launch a business here, could anyone dispute that such a strong pattern of opinion among people who fit this behavioral profile predicts how other entrepreneurs would assess a similar bank of questions?  That would be a fool’s bet.

So, we respectfully submit our research results to the Southgate Council – not as a petition, not as an index of the present political discontent, but as an index of marketplace opinion relevant to long-range economic development.  Our survey respondents have demonstrated behavioral traits that are associated with entrepreneurs everywhere.  Proactivity, engagement, self-confidence, risk-taking, optimism.   And more importantly,  this particular cluster of people are already here in our community – and evidently committed to it. 

Any reasonable person looking at these results would conclude that this cluster of people would be discouraged from starting a desirable new business in Dundalk as long as the possibility of waste-processing industries remains part of the permitted zoning for the Dundalk industrial park.   So for Council to respond to this data is not to sacrifice prosperity or invite political chaos by giving in to a mob.   This is not a matter of one policy opinion versus another;  this is a matter of market analysis, based on new objective, quantified and compelling evidence. Residents of this community, who are otherwise wired like entrepreneurs, are unlikely to start a new business here as long as the community continues to wrestle with the spectre of waste-focused businesses.

There is no shame, no loss of face, no breakdown in order implied for Council in revising the zoning of the Industrial park in response to this evidence.   If Council removes  waste-processing as a permitted use of land in the Dundalk industrial park – Council is cleaning up a problem it has inherited – a hastily passed bylaw, enacted by a previous administration with too little consideration of ramifications.  By modifying permitted use,  Council can start to heal an old (and presently acute) rift between Council and community, and restore community trust and respect.   

Of course this decision rests entirely with Council. All we ask is that the historical frame for such decisions be recognized for what it is – a barrier to clear thought, effective action, and community cohesion.  When the public’s perspective on regional economic identity is intrinsically connected to the prospect for new business creation – there is no validity to the argument that the public’s perspective needs to be over-ruled for the greater good of economic development.    And  neither is there any validity to the argument that  the opinion of Southgate Council and Staff must prevail against the opinion of non-cynical people in the community  in order to defend the trust and respect that give stability and authority to our governing institutions.  In fact, the very opposite is true.

 
 
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    Common Ground

    Some posts are reprinted from Common Ground. Common Ground is published by the Southgate Public Interest Research Group, in Grey County Ontario.  SPIRG is a not-for-profit volunteer group, unaffiliated with any business or political interest.  

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