Monthly Archives: June 2014
Wind turbine sound studies to cost more than originally planned
Harry Sullivan Truro Daily News, June 20, 2014
TRURO – Monitoring the noise levels of industrial wind farms is going to be more complicated and expensive than originally anticipated by Colchester County council when it updated a wind turbine bylaw last year.
Council initially enacted a wind turbine development bylaw in 2009 and then updated it last fall to address concerns expressed by residents. The updated version changed the setback distance of a turbine to the nearest residence from 750 metres to 1,000 metres (one kilometre) and also included a maximum sound tolerance of 36 decibels for any turbine operating within the county.
Turbines found to be operating above that level can be ordered shut down.
At the time the bylaw was written, however, council was acting on staff advice that the sound monitoring could be conducted simply by using a hand-held device.
Further research by staff, however, has determined that hand-held sound monitors cannot distinguish between the noise from a turbine’s blades and wind moving through the trees.
Sound studies cannot be conducted until a turbine is operating and Smith told council they would have to be conducted by sound experts at a cost of between $7,000 and $10,000 for the type of study required to fully assess how much noise is being generated.
Under the terms of the bylaw, an initial sound study must be conducted within a year of an industrial wind turbine becoming operational. Further studies could be required each time the municipality receives a legitimate complaint from a resident living within close proximity to a turbine.
“We are the pioneers in this,” Smith said, given that no other Nova Scotia municipality has established a sound policy.
The cost for conducting such studies is to be paid by the developer/owner of a given wind farm.
“I can foresee this becoming a very expensive venture for somebody,” Coun. Wade Parker said. “I think this is going to become very complicated. Very, very complicated.” Read rest of article here.
Court of appeal to hear Prince Edward County turtle case
Eleventh hour reprieve!
For immediate release, June 20, 2014, Picton
Court of Appeal to Hear Prince Edward County Turtle Case
The Ontario Court of Appeal has granted leave and will hear the case involving the threatened Blanding’s turtles of Ostrander Point. In July of 2013, the Ontario Environmental Review Tribunal revoked the approval issued by the Ministry of the Environment to Ostrander Point GP. to operate nine wind turbines, citing “serious and irreversible harm” to the turtle population. In February 2014, the Divisional Court reversed that ruling.
Today, the Court of Appeal indicated that it will hear the appeal of this decision. “This is an important step forward in the public’s efforts to protect one of the Province’s most ecologically sensitive habitats” said Myrna Wood, representing the Appellant Prince Edward County Field Naturalists (PECFN). In March 2014, the Court of Appeal also halted further construction at the site. The granting…
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SWEAR, HALT AND HEAT Unite the Fight in Divisional Court
For Immediate Release: June 20, 2014
TURBINE PROJECT APPEALS CO-JOINED AND COURT DATES SET
The move to “Unite the Fight” has advanced another step. Three local wind groups, SWEAR (Safe Wind Energy for All Residents), HEAT (Huron East Against Turbines) and HALT (Huron-Kinloss Against Lakeside Turbines) have announced that on Monday, June 9th, the Falconer law firm successfully argued to have their Divisional Court appeals co-joined. The groups have been fighting against the construction of wind farms near Goderich, St. Columban and Kincardine respectively. Dates to hear this appeal have been set for November 17, 18 and 19, 2014. Falconers LLP is also seeking a date for a co-joined stay of the K2, St. Columban and Armow wind projects prior to the appeal in November.
The question arose at the March 1, 2013 Superior Court SWEAR (representing Shawn & Trish Drennan) hearing as to the ability of the Environmental Review Tribunal (ERT) to hear a question on the Canadian Charter of Rights and Freedoms (the “Charter”) and how the Green Energy and Economy Act and “level of harm” apply. Justice Duncan Grace stayed the proceeding until such time as a Renewable Energy Approval (REA) was granted for the K2 Wind project and an opportunity to appeal to the ERT presented itself. SWEAR was represented by Julian Falconer, a prominent human rights and constitutional lawyer.
Project approvals were granted by the Ministry of the Environment for the K2, St. Columban and Armow wind farms. As directed by Justice Grace, ERT appeals for all three approvals were filed. They were each heard by the tribunal and denied.
“It is important to note that not all of the constitutional issues were allowed in at the hearings”, explains Dave Hemingway, president of SWEAR. “Justice Grace gave us a right of appeal to the Divisional Court on a question of law if there was not a proper airing of the constitutional issues at the ERT level. We have followed that course of action and are happy to be joining forces with HEAT and HALT as we move forward.”
“The work of putting this case together has been ongoing since May 2011. A substantial record of evidence has been created to date. We are moving forward.” states Shawn Drennan.
Gerry Ryan, president of HEAT, commented that “at the heart of the lawsuit is a challenge under the Canadian Charter of Rights and Freedoms. If this Charter Challenge is successful, it will set a precedent and will assist all appeals and legal challenges going forward. Others can then raise the same issues and seek the same relief. Communities which are dealing with existing projects could also receive benefit.”
“This action has the potential to shift the burden of proof from the need to prove direct serious harm to human health to the need to prove the possibility of harm, a much lower and more reasonable threshold” says Kevin McKee, president of HALT.
Hemingway adds that there is a broader public interest being served. “It has taken time to educate the public to what is happening but the understanding is now clearly there. This case is for the people of Ontario. The government says that massive industrial wind turbine developments are safe. We, the people, are holding them accountable. The Charter is the government’s promise to every man, woman and child in Canada, guaranteeing that we will have security to conduct our affairs and lives in relative peace. The government of Ontario did not exercise due diligence when crafting the Green Energy and Economy Act. A very heavy handed approach was used. Ontario citizens should not take kindly to this type of governance.”
Groups from across the province have and continue to come together to support this Charter Challenge. SWEAR, HALT & HEAT report that they have been successful in their fundraising to date. They note that they have come a long way and they want to keep going – right to the Supreme Court of Canada if necessary. The groups express thanks to all who have supported them in the past. Members of the public can get more information or donate to this action by contacting one of the following:
Dave Hemingway: davehemingway@gmail.com 519-482-7005 Gerry Ryan: gerkar@tcc.on.ca 519-345-2620 Kevin McKee: crowningtouchfarm@gmail.com 519-396-8110
Skydive Burnaby Appealing Tribunal Decision
Fred Furminger The Tribune June 28, 2014
Construction of Wainfleet Wind Energy turbines has been halted by a court order as Skydive Burnaby appeals the May ruling of Ontario’s environmental review tribunal, which dismissed its concerns about safety to its nearby parachutists.
Tara Pitt, who co-owns the skydiving club with husband Mike, said Ontario Divisional Court has granted an injunction prohibiting Wainfleet Wind Energy from any further work on the remainder of its five-turbine project in the Concession 1 area pending the appeal.
The injunction that went into effect last Monday applies only to the two unfinished turbines some 1.5 kilometres west of Skydive Burnaby on land owned by the Loeffen family, a partner in the wind energy company with Rankin Construction.
Tom Rankin said Tuesday there remains little left to do to complete those two turbines on Station Rd., and tie them in to three other finished Vestas V100-1.8MW turbines that have yet to be put into energy production.
“I should be operating now,” Rankin said.
The Pitts filed to have their case heard by the environmental review tribunal in October 2013 over concerns their business established in 1948 and its skydiving clients would be at risk by the 95-metre-tall turbines. Three weeks of hearings took place over January and February and subsequent conference calls with involved parties in March and April.
In his 87-page decision handed down in May, tribunal vice-chair Dirk VanderBent said the Pitts did not provide sufficient evidence to suggest its skydivers will be seriously harmed by collision with the wind turbines or interaction with their turbulence wakes.
Skydive Burnaby’s next recourse was to file an appeal with Ontario’s Divisional Court, which is responsible for hearing appeals from administrative tribunals. Appeals are normally heard by three Superior Court justices.
The Pitts’ lawyer, Eric Gillespie, said the injunction imposed by the court came with two conditions: that a hearing date be set in August — since set for the 18th and 19th; and that the Pitts give an undertaking to pay Wainfleet Wind Energy damages if their appeal is unsuccessful.
Gillespie said the undertaking will be challenged at a court review next Friday.
Wainfleet Wind Energy’s five turbines working in tandem, its website says, are estimated to generate 26 million kWh of power annually, enough electricity to power 2,500 homes. Read article here.
Turbines Spin Without Approval
Grimsby Lincoln News, June 19, 2014 Amanda Moore
WEST LINCOLN — They’ve only been running a few days and already residents living near wind turbines say they are feeling the effects.
“I don’t hear the refrigerator or anything anymore,” said Zlata Zoretic, seated at neighbour Wendy Veldman’s kitchen table Tuesday afternoon. “Just this low hum.”
Zoretic said she has felt pressure in her ears since the turbines in the HAF Wind Energy Project were turned on June 12. Her bedroom window gives her an uninterrupted view of the turbine that is just 640 metres from her home.
“Is it in my head? I don’t know,” she said. “It’s driving me crazy.”
The turbines were switched on without warning last week for a 24-hour and have not stopped turning since. Read rest of article.
400 PEC residents and business owners threaten claims for compensation if wind turbines are built here
[NATURALLY GREEN signs. Due to strong demand, we have ordered new signs, which are now available for purchase. For pickup in the Picton area, phone 613-476-2700; South Marysburgh, 613-476-7310; Wellington, 613-399-2407, Ameliasburgh, 613-962-6902 .]
At the beginning of May, CCSAGE NATURALLY GREEN took ads in local County papers and on CountyLive to point out existing legal rights to claim compensation if the construction of industrial wind turbine factories cause adverse effects to the value of businesses and properties.
Within three weeks, almost 400 County business and property owners indicated they would consider bringing such claims.
What did we do with this overwhelming response?
- On June 4th, we wrote to the Premier, the Ministers of Energy and the Environment, the leaders of the two opposition parties and the Presidents of Gilead Power and wpd Canada Corporation. Below is a copy of our letter for your information. You can read a copy of…
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Motorcyclists & The Mothers Roll into Port Dover for Friday the 13th!
Friday the 13th, 2014 – Port Dover
If you love Motorcycles, Port Dover was the place to be yesterday for the Friday the 13th bike rally. Thousands flocked to the community town, driving past the surrounding Wind Turbines of the area. Port Dover bike shop owner Chris Simons held the first rally on Nov. 13, 1981. It was intended to be a gathering of friends, but soon grew by word of mouth.
The Mothers had amazing Friday the 13th custom Pottery mugs for sale which our local artists Anita and Mark Thornton donated for the event! The Trees not Turbines campaign along with our Raffle Ticket sales were also promoted! It was a good opportunity for us to get the message out to people that might not regularly hear much about the impacts of Industrial Wind Turbines. Thank you to all the volunteers who helped out at the event and especially to our own Linda Rogers for coordinating! Not only were we out informing the public, but fun times were had by all!!!
What have I done? An ode to Farmers thinking of Turbines
Upcoming Events for the Mamma’s!
Raffle Tickets to Raise $$$ To Fight NRWC Project.
Mothers Against Wind Turbines Inc are selling Raffle Tickets in Conjunction with the Wainfleet Ratepayers Association to Raise Money for the Fight Against the NRWC Turbines and to helpBurnaby Skydive with their Legal Bills.
The tickets are $2 each or 3 for $5.
The first prize is a minimum of $500 or 12% of the proceeds, whichever is greater. Draws will be made for second and third prizes as well.
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Monday June 16.
Stanpac has graciously agreed to allow us to set up a ticket booth at their premises at
2660 Industrial Road in Smithville.
We will be there selling tickets between the hours of 4 pm and 8 pm.
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We will also have a supply of the white pine saplings available for purchase for the “Trees NOT Turbines” Campaign
Look for us at the Poultry Fest, Canal Days and a number of other locations that have not yet been finalized.
I hope you’ll pass this along and encourage people to come see us at Stanpac next Monday
Mothers Against Wind Turbines Inc. 