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OMYA_Decry

Feature Article October 2

Feature Article October 2, 2002

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OMYA opponents decry minister's decisionby Jeff GreenOntarios Minister of the Environment, Chris Stockwell, has decided to hear an appeal by OMYA Canada of a decision handed down in February by the Environmental Review Tribunal (ERT) limiting a water taking permit granted to OMYA to take 1483 cubic metres per day from the Tay River. OMYA had originally been granted a permit to take 4,500 cubic metres per day.

In March, OMYA decided to appeal the decision to both the divisional court, on matters of law, and to the ministry of the environment, on matters of policy.

OMYA takes water from the Tay to make a calcium carbonate slurry used to produce paper, paint, plaster board and toothpaste. The calcium carbonate is mined by OMYA at a quarry near Tatlock. The Tay river is the source of drinking water for the town of Perth, and is fed by Bobs and Crow Lakes.

Opponents of OMYAs water taking plans say the decision by Minister Stockwell to consider the OMYA appeal circumvents the judicial process. Carol Dillon of Perth, speaking for citizens who appealed the original OMYA permit, said More than 1200 citizens signed petitions asking the Minister to wait for the Divisional Courts conclusions in order to examine the serious allegations made by the company about the tribunal process. Watershed councils, including the city of Ottawa, sent the same message to Mr. Stockwell.

OMYA spokesman Larry Sparks counters by saying, for the last two years, each and every scientific analysis done by the federal government, provincial government and independent experts has found that the proposed use of water in Perth is environmentally responsible and sustainable.

Supporters of the ERT decision have described it a precautionary approach, which will allow ongoing monitoring of the condition of the Tay River throughout the life of the permit. The ERT decision also included clauses which stipulate public involvement in monitoring the water taking, requiring OMYA to provide scientific data at regular intervals. OMYA is appealing these conditions as well as the volume levels of the permit. Of the 35 conditions in the ERT decision, OMYA seeks to revoke just the three which provide for a conciliatory and cooperative approach to managing community water.

OMYAs opponents say ministerial hearing of the appeal shows the company expects a favourable political settlement by bypassing the courts. However, OMYA lawyer Alan Bryant says We are appealing first to the minister because we cannot get to the courts until sometime in 2003.

OMYA was to present its case by September 30, and the Canadian Environmental Law Association, which represents residents and cottagers, must present arguments by October 28.

With the participation of the Government of Canada