Clinton News-Record, 1987-08-12, Page 3CLINTON NEWS -RECORD' wynnrvcnAv ATTia "CT t9 1Q87—Ptee $
Middleton pond pollution spill investigated
By Shelley McPhee Haist
HIP.,LETT TWP.—Action is being taken
by the township council in hopes of avoiding
future contamination of waterways here.
Still, council is limited in its powers to pre-
vent a repeat of an incident that occurred of
August 2 when the ponds of the farm of Dave
Middleton were polluted and thousands of
fish died.
. It is believed that the contamination was
caused by an overflow from a liquid pig
manure storage lagoon.
It is the second time that such an incident
has occurred and there are no guarantees
that such a spill will not happen again.
While council has authority to fine a farm
operator who contravenes the manure
storage bylaw, there is no legislation im-
mediately available that could close down
such a storage pit, even one that is used
illegally.
Hullett Reeve Tom Cunningham says that
the farmer in question has been asked to
stop using the pit and has been asked to
pump the excess manure out.
He noted, "We'd like the power°, to go in
there and fill the darn thing in, and for him
to rebuild the pit properly."
The pit, according to township council, is
illegal, in that it was dug without council's
permission and it does not meet the regula-
tions set out in municipal. bylaws.
"We knew there was a problem last fall,"
Reeve Cunningham admitted when council
met on August 4. "We had hoped that the
problem would have been overcome."
The situation was not rectified as hoped,
and as a result a second pollution spill oc-
curred this month after a torrential
rainfall washed gallons of liquid pig manure
through a municipal dram and into the Mid-
dleton pond system. From there the
blackened water travelled to a spring
salmon creek, the Maitland River and on to
1,ake Huron.
"The public is environmentally conscious.
We have to clean this up," Reeve Cunn-
ingham noted. "This kind of act isn't doing
agriculture any good."
It could cost Dave Middleton more than
$30,000 to pump the polluted water out of his
ponds and to dredge the bottom in an effort
to remove contaminated sediment.
He has been advised by council not to
make anv move to clean the ponds yet.
There could be further pollution.
The August 4 council meeting discussion
proved to be a frustrating one as council
members, government officials and con-
cerned parties wrestled with the issue of the
pollution. In particular concern focussed on
limitations to close the manure pit.
While the municipal bylaw on manure
storage clearly outlines the regulations for
the setting up of manure storage'systems, it
does not carry enough weight to shut down
pits that do not comply by the laws: The
Hullett bylaw allows for a concrete storage
tank with a lid, an open concrete pit, or an
earthen pit with specific regulations concer-
ning distances from neighboring properties
and soil testing to determine leaching into
the soil.
Some Hullett property owners, like
Garnet Wright and Alex Wasterhout, are
concerned that the manure pit in question
may be causing water ground pollution,
with seepage into wells. Drinking water
could be contaminated.
Reeve Cunningham admits that the
township bylaw is no good. It does not ade-
quately address those who may contravene
it.
The reeve sat on the county council com-
mittee that first drew up the manure
storage bylaw. Lawyers and agricultural
specialists also worked on it. Many
townships, including Hullett, adopted the
county bylaw.
Hullett Council is now asking the county
council to redraft the bylaw.
The situation is not unique to Hullett
Township, said bylaw enforcement officer
Eugene McAdam.
"It's happening all over the country.
Farmers will pay fines, but it's cheaper
than putting up a concrete tank. We could
get a fine on this, but a restraint is practical-
ly impossible."
Council has authorized Mr. McAdam to
work with the township solicitor in an effort
to levy as many fines as possible against the
farm operator in question in this case.
A charge could be made under the
Municipal Drainage Act. In part the act
reads, " no person shall discharge or
deposit into any drainage works, any liquid,
material or substance other that unpolluted
drainage water. Every person who con-
, travenes is guilty of an offence and on
conviction is liable to a fine of not more than
Traffic review results
in changes in Clinton
By David Emslie
CLINTON - A review of the traffic bylaws
carried out by the local police and public
orks departments has resulted in many
changes to the traffic flow and parking in
this town.
'1 he lengthy bylaw was discussed by Clin-
to; , Council during their August 4 meeting.
One intersection sign change which
received much attention from council was
the Albert Street-Rattenbury Street corner.
Drivers travelling east or west toikalyds
Albert on Rattenbury will now be able to
make right turns only.
At first council considered restricting this
rule to prime time hours only, however, this
idea met with some opposition.
I don't like too many words in signs. If
you add too much, it gets too confusing,"
commented public works superintendent
llatrbld Gibbings. He recommended just
leaving it as a straight no right turn
intersection,
Councillnr Gord Gerrits didn't agree with
this idea though. "Why burden the traffic
(luring off hours? We're going to end up with
stop signs; no turns, we're only a town of
3,200," he said.
Another big change to take place will be
the removal of the rule that states there is
no parking on town streets from 2 to 7 a.m.
year round.
Mayor Balfour explained that this is an
drea where the most complaints are receiv-
ed because of summer parking. "We very,
very, very seldom get a complaint for get-
ting a ticket in the winter," he said.
It was for this reason that council decided
to change the rule so it reads there will be no
parking on the streets for those same hours,
but only between October 1 and April 30.
After Mr. Gibbings suggested the core
area will look like the devil within six mon-
ths if the street cleaners can't get through,
the suggestion was made to exempt
Highway 4 and Highway 8 from the new
rule.
The one other notable difference in the
new rules fillsee sto°`p'sigtIs placed on Mary
-Street at the corner -of -Orange: Automobiles
travelling east or west on Mary will now
have to come to a stop at this intersection.
A few reasons were given for this change,
one being to accommodate the new am-
bulance business and the other to slow down
traffic on Mary Street.
Councillor Gerrits asked, "Is this going to
help with accidents? Are we going to reduce
accidents by not having a stop for eight
blocks? I don't think we're going to have
people stopping on Mary."
Mayor Balfour noted that the only thing
council could do was try it out and see what
happens, and put in the warning signs for
new stop signs.
"It's going to take awhile, and there is go-
ing to have to be Tots of forewarning," he
said.
Aside from traffic signs in town, some of
the parking areas will also be changed.
Along with these changes some painting will
be done. Handicapped parking spots will be
painted blue, with the handicapped symbol
in white, and no parking areas will be
painted with red bars.
Noticed anything new around town° At the main corner in Clinton, posts now don new
signs. This sign pictured above does not mean Albert loves someone, but that you have
found Alhei t Street, in the heart of Huron County. These signs are help promoting Clin-
ton's slogan, The Heart Of Huron County. Ontario, Victoria, Huron and Isaac Streets also
have the new signs at the main intersection. (Anne Narejko photo)
$1,000."
Council is also working with the Ministry
of the Environment (MOE), Ministry of
Natural Resources and Ministry of
Agriculture on the problem.
Larry Struthers of the MOE has been on
the scene of the pollution spill. He noted,
"The Ministry of the Environment says that
manure ` storage falls under municipal
jurisdiction .... manure storage is a man-
date of council."
He said however that he is further in-
vestigating the situation as Moe legislation
states that no one can contaminate a water
course.
"A decision will be made on this. The
ministry is assessing whether legislation
has been violated," he said.
Charges could be laid. Still there is no
direct process that allows the closing of the
pit. Such an order must come from a provin-
cial or federal court.
"We at least have to pursue this with a
charge. It will get the ball rolling," said
Reeve Cunningham. "If the MOE lays
charge it could put enough pressure on him
(the farm operator)."
"We don't want to put the man out of
business by fines, we want to resolve this
problem," he noted.
In any event it could be a lengthy process
to have charges laid and fines levied.
Charges laid after a similar spill last
November have yet to come before the
courts.
In the meantime everyone can only hope
that the manure pit does not overflow again.
"What do we do until all the paperwork is
done?" asked Councillor Bob Szusz.
Mr. Struthers said that the manure pit
would be monitored regularly to determine
how rapidly it is filling up.
Council hopes to meet with the farm
operator in an effort to come to a permanent
solution to the problem. Specifically, council
wants a proper storage pit.
And, there are still the ponds to think
about. Clean up will be a costly venture. The
Middletons could receive financing from
Environment Compensation. They will app-
ly for such funding. In the event that the ap-
plication is refused, Mr. Middleton asked,
"Who will pay then? It's (pollution) coming
out of a municipal drain. Maybe this will
have to come back to the municipality."
Garnet Wright added, "And everybody
will have to pay for one guy's mistake."
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