Cleanup responsibility

Environmental concerns at an idle local mill are the responsibility of its current and previous owners, a review tribunal says.

The decision was made by the environmental review tribunal, a quasi-judicial body, Friday that environmental risks and clean up at Thunder Bay Fine Papers must be covered by Superior Fine Papers and Cascades Fine Papers Group. The companies had argued they can’t afford to meet the conditions after an initial hearing last June.

But Ministry of the Environment spokeswoman Lisa Brygidyr said the ERT decided there wasn’t enough evidence to support that claim.

An initial investigation discovered a crack in a lagoon berm near Lake Superior, part of the mill’s industrial sewage, works and was the main concern when the site was inspected in 2009.

Some of the ministry’s concerns were addressed by the companies, but the rest of the orders were appealed until the ERT made its decision Friday.

"Now we at least have some clear direction on where we move forward from here," she said.

One direction requires the two companies to hire qualified professionals to provide recommendations and implement them to address environmental concerns. A financial assurance obligation of up to $3 million must be met for cleanup, but that doesn’t include hiring the professional or the work that will likely be required to fix the lagoon.

Security is also now required on site, which means electricity must also be provided.
"In case there is a fire, and because there are some chemicals that are being stored on the site, the buildings need to be heated alarm systems need to be in place," she said.

Ministry officials will go through the 130-page decision with its lawyers. Brygidyr said once the orders are official, failure to comply could lead to charges in a provincial court.

"If for whatever reason the obligations aren’t met then the ministry would pursue other enforcement measures," she said.

Brygidyr said the order is part of the MOE’s polluter pays principle.

"The ministry believes that industries and companies operating these types of industrial facilities need to be held accountable for their actions when there’s an impact to the environment."

Officials representing the companies involved could not be reached for comment Wednesday afternoon.