Roadblocks to Closing Toxic Waste Loophole

  • Trash and toxic waste cross the U.S.-Canada border every day, and untreated toxic waste often ends up at the Clean Harbors facility. Some are trying to restrict this practice and purge the idea that waste is a commodity.

There’s only one place in North America that still dumps
toxic waste straight into the ground without any kind of pre-treatment. A legislator from Ontario, Canada wants this landfill to clean up its act. But trade in toxic waste is big business. The Great Lakes Radio Consortium’s Mary Ann Colihan follows some trucks to learn more:

Transcript

There’s only one place in North America that still dumps toxic waste straight into the ground without any kind of pre-treatment. A legislator from Ontario, Canada wants this landfill to clean up its act. But trade in toxic waste is a big business. The Great Lakes Radio Consortium’s Mary Ann Colihan follows some trucks to learn more:


(Sound of trucks)


6,000 trucks cross the Blue Water Bridge every day between Canada and the United States. Just under the bridge, Lake Huron funnels into the skinny St. Clair River on its way to south to Lake Erie. The Blue Water Bridge connects Port Huron, Michigan with Sarnia, Ontario. This is the second busiest truck crossing between the United States and Canada. With post 9/11 security, the border can get backed up for miles in both directions. A lot of these trucks are carrying garbage back and forth across the border. Canadian trash and toxic waste is going to the U.S. and American toxic waste is going to Canada.


During her first month in office, Ontario Member of Parliament for Sarnia-Lambton, Caroline Di Cocco, found out just how much toxic waste was coming into her district.


“In 1999 that year, it was over 450,000 tons. To put it in perspective, the Love Canal was 12,000 tons.”


Di Cocco went on a five year crusade to change the Ontario laws that govern the trade in toxic waste. She adopted the U.N. resolution known as the Basel Agreement, as her model.


“The notion from that Basel Agreement is that everybody should look after their own waste and it is not a commodity.”


Di Cocco is not alone in her fight to slow or stop the flow of garbage and toxic waste from crossing the border. Mike Bradley is the mayor of Sarnia, Ontario. He can see the backup on the Blue Water Bridge every day from his home.


“One of the ironies on this is that while Michigan is very much upset, and rightly so, with the importation of Toronto trash, there are tens of thousands of tons of untreated toxic waste coming in from Michigan crossing the Blue Water Bridge into the Clean Harbors site.”


The Clean Harbors facility is the only place in North America that does not pre-treat hazardous waste before it dumps it into its landfill. Frank Hickling is Director of Lambton County Operations for Clean Harbors. He says imports from nearby states in the U.S. accounts for about forty percent of its volume.


“It’s from the Great Lakes area. We do reach down and take waste that our facility is best able to handle. We’re right on the border.”


Rarely do lawmakers on both sides of the border agree on an environmental issue. But pre-treatment of hazardous waste is the law in all fifty states, Mexico and every other Canadian province and territory except Ontario. Pre-treatment reduces the amount of toxic waste or transforms it into a less hazardous substance. But Hickling says disposing hazardous waste in Clean Harbors is a better economic bet.


“Obviously, if you don’t have to pre-treat it, it is cheaper there’s no doubt about that. But what isn’t obvious is the security of the site. Pre-treating waste doesn’t help immobilize the material forever.”


Clean Harbors’ company officials say their landfill won’t leak for 10,000 years. They say that the U.S. pre-treats hazardous waste because they expect their landfills to leak in hundreds of years or less. Hickling says the blue clay of Lambton County that lines Clean Harbors landfill gives them a competitive edge as a toxic dump.


“The facility is in a 140-foot clay plain and we go down about 60 feet. So there’s 80 feet below.”


But Clean Harbors has had big environmental problems. When volume was at its peak in 1999 the Clean Harbors landfill leaked methane gas and contaminated water. Remedial pumping of the landfill is ongoing.


Caroline Di Cocco found other ways to deal with toxic waste rather than simply dumping it in her district.


“First of all, there has to be a reduction of the amount of generation of this hazardous material. The more expensive you make it for industry to dispose of it, the more they are going to find creative ways to reduce it. Then there are what they call on-site treatments and closed-loop systems. You see technology is there but it’s expensive and again we go to the cost of doing business. And so a lot of the hazardous waste can be treated on site in a very safe way. And then what can’t be, well then you have to have facilities to dispose of it. But I believe that the days of the mega dumps have to end.”


Meanwhile, Clean Harbors looks at what the new Ontario regulations for pre-treatment will cost them.


“Certainly when you’re making the investment in pre-treatment and you’re adding all that cost for no additional environmental benefit we’re going to have to be getting larger volumes to ensure its profitability.”


Until we see a reduction in the loads of toxic waste that need to be dumped in Clean Harbors, it’s likely the trucks will roll on down the highway.


For the Great Lakes Radio Consortium, I’m Mary Ann Colihan.

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Counterpoint: Agreements Will Invite More Diversions

  • The proposed Annex 2001 agreement is the subject of lively debate as to whether it will help or hinder the conservation of the Great Lakes (Photo by Jeremy Lounds)

Officials from the eight states and two provinces in the region have proposed two agreements that would regulate the use of Great Lakes water. They’re known as the Annex 2001 Implementing Agreements. Response to the proposed agreements has generally been positive. But for some in the region, they’re seen as a slippery slope. Great Lakes Radio Consortium commentator Suzanne Elston is worried that the proposed agreements will lead to unlimited diversions in the future:

Transcript

Officials from the eight states and two provinces in the region have proposed two agreements
that would regulate the use of Great Lakes water. They’re known as the Annex 2001 Implementing
Agreements. Response to the proposed agreements has generally been positive. But for some in
the region, they’re seen as a slippery slope. Great Lakes Radio Consortium commentator Suzanne
Elston is worried that the proposed agreements will lead to unlimited diversions in the future:


In theory, the proposed Agreements are supposed to provide a framework for using the water of the
Great Lakes. In reality, they’re about as leaky as a sunken lake freighter. The framework’s
there, but they fail to impose an overall limit on the volume of water that can be diverted,
or who can take it.


Not only that, but proposals to take less than a million gallons per day out of the basin won’t
require a region-wide review, several of these smaller withdrawals could eventually add up to a
whole lot of water. And whether it’s one large pipe or a lot of tiny ones, the end result is the
same.


Given that the Great Lakes basin contains 20% of all the fresh water on the planet, diverting
some of it shouldn’t be a problem. Unfortunately, only 1% of that water is renewed each year.
It would be a good idea to first figure out how much water can be taken without disrupting the
ecological balance of the Lakes. Only once that’s been done should we be looking at allowing
large-scale withdrawals.


And then there’s the threat of trade challenges. Each state or province that approves a water
taking permit won’t be paid directly for the water. Instead they’ll recieve a funding to upgrade
sewage treatment plants or to improve local habitats for example. Recently, a Canadian non-profit
asked for legal opinion about the Agreements. The response was that linking the approval process
to funding for public works basically means that the water is being sold, and under the terms of
NAFTA, once you’ve identified something as a commodity, you can’t restrict its sale.


Canadians should be particularly concerned about these Agreements. The Council of Great Lakes
Governors drafted them. And although the premiers of Ontario and Quebec have signed off on them,
in the end, neither province has the right to veto the decisions made by the Council. In my book,
that’s a lot like being invited to dinner and then being asked to leave before the main course.
And the reverse is true too. If Ontario or Quebec approves a withdrawal, states in the U.S.
wouldn’t have the ability to veto the decision. We share these lakes. If we are all called on
to protect the Great Lakes, then we all need to have an equal voice. That’s why our federal
representatives in Washington D.C. and Ottawa need to draw up a binding international agreement
on water withdrawals.


If nothing else, the proposed Agreements have made it clear that the Great Lakes must be
protected. And with 40 million users already relying on this irreplaceable resource, we clearly
need something better than these Agreements currently have to offer.


Host Tag: Suzanne Elston is a syndicated columnist living in Courtice, Ontario.

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