With more wind turbines coming to Ontario, there has been a lot of talk about what happens when it comes time to take down the towers. While the provincial government may put the onus on wind project developers to pay for teardown, it’s far from certain they’ll be able to collect if a company goes bankrupt — which could mean taxpayers are on the hook, says a Toronto-based environmental and municipal lawyer.

“Many of these companies are relatively small or based outside of Canada and that creates what appears to be a real risk as there will be no pocket you can go to 20 years from now when a cleanup is actually required,” says Eric Gillespie, who has represented landowners and municipalities with wind turbine concerns.
It’s anybody’s guess who would end up paying for decommissioning — the landowner, the municipality, or provincial taxpayers, he says.
Farmers shouldn’t underestimate what it takes to remove a single turbine, Gillespie warns. The nacelle — the central hub containing the generator — is 80 to 100 metres in the air and weighs as much as 70 tonnes. “It’s not something where you just call your neighbour and ask him to bring his tractor over.”
While Ontario costs are yet unknown, world-wide decommissioning has ranged from $30,000 to $80,000 per turbine. Continue reading Who ponies up for wind turbine teardown? →

Huron Perth Landowners Association – Press Release – January 11, 2016 – UPDATE

There have been construction liens registered on property profiles in the St Columban Wind project for the past 9 months. Four construction liens and four court actions are still registered for $30 million.

This story first rose to attention in early 2015 when a landowner was reviewing his parcel register at Service Ontario in conjunction with obtaining his Crown Land Patent. He was surprised to find a demand debenture for hundreds of millions of dollars registered on his parcel registry at Service Ontario. In June 2015, while checking parcel registers for the St. Columban Wind Project of 15 turbines, it was discovered that two construction liens had been registered in the amount of over $2 million.

In October 2015, after reports that the liens may have been removed, Dave Hemingway, a reporter for the Landowner Magazine, checked again and discovered that there were now six construction liens on the properties valued at over $32 million.

In addition, there were certificates registered for three Superior Court Actions regarding three of the liens.  That number had risen to six court actions when checked again on November 16, 2015. At the time, one of the Superior Court Actions named as defendants: 21 leaseholders, four wind companies, one bank, as well as two Farm Financial Corporations, and two credit unions. Mr. Hemingway learned on January 4, 2016 that two small liens for approximately one million each have been deleted so far leaving four liens amounting to $30 million.

“It appears that the banks are now concerned about the liens as, of course, we have learned, they do not like to be second or third in line when securing loans or mortgages,” said Mr. Hemingway. “Some bankers are still saying they will consider loans to leaseholders after they have checked with their bank’s legal department. However, according to reports, other banks are refusing loans for some farm operations due to the liens. Landowners are wondering, “Why haven’t the wind companies paid their contractors?”

Mr. Hemingway added: “If landowners are approached to sign a wind turbine lease, they may want to read the fine detail and seek appropriate legal advice before signing any documents. People should keep in mind that government subsidies could be reduced in the future as has happened in other countries. If so, will the wind company be able to pay their debts? If not will the Landowner be on the hook? Will the property have to be sold?”
Background Information on Construction Liens  

• The Construction Liens Act (1990) helps ensure labourers and contractors are paid in full for their work.
• The property owner is ultimately responsible for paying the costs of all improvements to property, including in cases involving the construction of a wind turbine on the property.
• The wind developer pays the leaseholder for the use of his property to erect a turbine for electricity production on the leaseholder’s land for up to 50 or more years. The leaseholder agrees to let the turbine company use his land for their purposes.
• In cases where the wind company has not paid contractors for their work, contractors may put a lien on the physical assets of the property until payment is received. The developer may pay off the liens; however, if contracts are not paid in full then a contractor could force a sale of the property in order to ensure payment.
• If the contracts are not paid, the leases could be sold to another company that could pay off the liens and possibly own both the turbines and the leases.
  The leaseholder or farmer is unlikely to be able to sell his land until the lien is paid. This could tie up a property or farm in court battles for months or years.
• As well the property owner may have legal bills to get the liens off the property register and be able to sell his/her property.

Contact for additional information and media interviews:

Dave Hemingway
Past President – Huron Perth Landowners Association
Reporter –  Landowner Magazine
Tel. 519-482-7005             Email davehemingway@gmail.com

via Ontario Wind Resistance

A resolution against wind power from a nearby municipality found a receptive audience at Norfolk council this week.

The Municipality of Dutton-Dunwich is campaigning against the Wynne government’s plan this year to invite applications for an additional 300 megawatts of wind-powered electricity generation. It would take about 150 industrial wind turbines to produce this much power.

Dutton-Dunwich is located along the Lake Erie shoreline west of St. Thomas. It fears a large number of these turbines could be imposed on its residents. A green energy firm is lobbying for a wind farm in Dutton-Dunwich.

Naturalists are concerned because Dutton-Dunwich is an important, unobstructed flyway for migrating birds and bats. As well, the Chippewas of the Thames First Nations have not endorsed the project.

Dutton-Dunwich is also concerned because the Wynne government is intent on building green energy capacity at a time of declining demand in Ontario. The municipality says Ontario increased its generating capacity by 19 per cent over the past eight years while provincial demand in the same period fell 7.5 per cent.

And the capacity Ontario has added is expensive. Citing a scathing Auditor-General’s report issued in December, Dutton-Dunwich says Ontarians are paying twice as much for wind-generated electricity as other jurisdictions. The high cost of electricity in Ontario is hurting the province’s ability to compete and create jobs.

“The Ontario Chamber of Commerce reports that the escalating price of electricity is undermining their members’ capacity to grow, hire new workers and attract new investment,” the Dutton-Dunwich resolution says. “Ontario’s electricity costs are among the highest in North America, making the province uncompetitive for business growth.”

read more: http://www.simcoereformer.ca/2016/01/26/too-many-turbines

WAINFLEET — They knew the turbines were coming, they even knew the fight to stop them was all but over; what they didn’t know however was how construction would impact their lives.

A group of Wellandport residents living on Side Road 42 and Concession 6 recently met with Wainfleet Mayor April Jeffs to go through a laundry list of complaints associated with construction of wind turbines, specifically the transmission lines for the project.

“There is no notice,” said Concession 6 property owner LeaAnne Robins, who has seen construction devastate roadside trees in front of her property.

“They’ve massacred all the 80-year-old oaks on the road,” she said, explaining she expects construction of transmission towers to follow the clear cutting.

She said there was no notice given of how her property would be impacted and added it is hard to see the trees go.

“It’s kind of the reason you live in the country,” she said, adding, “we didn’t buy property out here to stare at metal monsters.”

Robins noted one instance where construction trucks have delayed access significantly to her property.

On Side Road 42 where transmission towers are already going up those delays have become common.

read more: http://www.niagarathisweek.com/news-story/6251541-residents-vexed-over-unexpected-turbine-construction-impact/

The state attorney general’s office has opened an investigation into criminal complaints against a prominent champion of Vermonters who are adversely affected by renewable development.

The attorney general’s office is investigating whether Annette Smith, executive director of Vermonters for a Clean Environment, has practiced law without a license — a charge with penalties left entirely to the court’s discretion.

Smith says the complaints that prompted the AG’s investigation are politically motivated.

Attorneys who have argued against Smith’s clients say she gives bad advice, unconstrained by the sanctions licensed attorneys would incur for similar behavior.

Smith says the AG’s investigation “is very intimidating.”

“I don’t know what to do. I think our work’s being shut down,” Smith said. “I believe this has the potential to shut down my organization of 16 years. It clearly falls under the definition of harassment.”

Residents who live near planned and existing renewable projects have claimed she’s their only advocate.

Smith said she represents people who too frequently have nowhere else to turn. Renewable energy developers hire talented attorneys against whom landowners near project sites have no other way of successfully representing themselves.

read more:  AN. 23, 2016, 4:35 AM BY MIKE POLHAMUS

Wind Concerns Ontario has written a letter to the new federal Minister of Health, the Honourable Dr Jane Philpott, expressing concern about the inadequacy of noise regulations for wind turbine noise emissions in Ontario. Here is an excerpt from the letter, which was accompanied by the British Medical Journal article with the diagnostic criteria for wind turbine noise health impacts by Dr Robert McMurtry and Carmen Krogh, and by the case histories developed by H.A.R.M. (Health Affected Residents Meetings) in 2012.

An excerpt of the letter follows:

Some of our local community groups have worked to document the health issues faced by their residents living wind turbines (see attached document from the Kincardine area). These reports of health issues cannot be ignored or dismissed. We ask that you direct your officials to leverage this information and undertake field work in rural Ontario to validate these reports and gain an understanding of the problems faced by rural residents living among wind turbines. This would also ensure that the design of any future Health Canada research is validated by the real experiences of people exposed to wind turbines, as opposed to simply relying upon computer modelling provided by the turbine manufacturers.

Turbine noise levels are sufficient to disrupt sleep and, as a medical professional, you understand how disturbed sleep can lead to a large range of health effects. Of greater concern than the audible noise emissions are the pulsing sensations reported by people within their homes.  These sensations are linked to inaudible low frequency and infrasound pressure waves that are being amplified inside their homes.  The Ontario regulations do not consider emissions below the audible range and do not set any standards for noise within homes.

The sound power rating of wind turbines being installed in Ontario has increased considerably since the Ontario standards were established. With the newer 3-megawatt (MW) wind turbines involved in the most recent projects, the health issues are surfacing sooner and the symptoms are more severe.

In this regard, we are closely monitoring the Township of West Lincoln project where 77 3-MW turbines are currently being installed in an area with a resident population of 1,900 homes within two kilometers.  Wind Concerns Ontario estimates that, using the most conservative figure possible from research, including Health Canada’s own research, the health of almost 400 people in this area will be affected.

As you may know, Health Canada conducted a study of wind turbine noise from 2012 – 2014. The findings released in November 2014 reported two contradictory findings – first, there are no health effects linked to wind turbines and yes, there are health effects related to wind turbines.  The design of this study was criticized by epidemiologists and health professionals before the project began. A review of the survey instrument design after the project revealed that the finding of “no problems” was based on questioning respondents about a narrowly-defined timeframe — in other words, participants were questioned about symptoms and events during a time when wind in Ontario is low and turbine noise emissions would be less.   Responses to other questions that covered the whole year showed that problems existed.  This second result was confirmed when physical samples from the people reporting complaints showed the physical indicators of stress.

Data specifically provided to Wind Concerns Ontario by Health Canada indicate that respondents to this study reported that wind turbine noise was worse than the road, rail and airport noise that formed the basis of the World Health Organization’s night-time noise standards. The study showed that problems begin at 35 dBA which provides research data confirming that Ontario’s noise standards are insufficient to protect human health.   While the science around wind turbine noise is still developing, this information alone should be sufficient for the Health Canada to act by establishing tougher standards based on the Precautionary Principle.

In a stakeholder meeting with Health Canada, Wind Concerns Ontario was promised that the raw data from this study would be made available for follow up by qualified academics. In practice, however, under the previous government, Health Canada put barriers in front of groups seeking access to that data.  With your government committed to openness, hopefully you will instruct Health Canada staff to make the data available to qualified researchers.  Only by working with the raw data, will it be possible to assess why the study generated the two conflicting conclusions. …

We hope that these health issues will be a key concern for your Ministry as the federal government as it moves to implement its Climate Change agenda. As Health Minister, it is our hope that measures supported by your government will not add further to the problems faced residents of rural Ontario.

There is time to work to get this situation right. An assessment of the situation in Ontario by the Society of Professional Engineers shows that the contribution of wind turbines to addressing climate change is limited.  In fact, as Ontario’s electricity system is dominated by nuclear and hydro generation facilities, expanding the role of wind turbines will actually increase carbon emissions.  Power output from wind turbines is intermittent and requires standby back up by gas-fired plants and the emissions from these sources exceed the emissions from the nuclear and hydroelectricity being displaced by wind turbines.  Other provinces can also learn from the Ontario experience where the elimination of coal-fired generating plants was not as a result of intermittent power generated by wind turbines, but rather  by the return of refurbished nuclear power stations to production.

We are pleased that your government is committed to science-based policy. Some much of what we have experienced with the wind turbine program in Ontario is more based on ideology than science.  The results are becoming clear both here in Ontario and in other jurisdictions.  The new federal government has an opportunity to learn from past mistakes as it moves forward on addressing climate change.

Sincerely,

Jane Wilson, President

Wind Concerns Ontario

president@windconcernsontario.ca

The full letter is here: MinisterofHealthLetterJan12

With some of the largest industrial wind turbines in North America rising from the rural West Lincoln landscape, two citizens groups are asking the local government to begin monitoring noise.

“We want the township to appreciate the scope of the risk we are about to run with one of the largest wind projects in North America next to such a densely-populated area,” said Mike Jankowski, chair of the West Lincoln Glanbrook Wind Action Group (WLGWAG), which made a joint presentation to West Lincoln’s planning, building and environmental committee Monday with Mothers Against Wind Turbines (MAWT). “There are some risks that aren’t mitigated and we require the township to start collecting data both before and during the turbines.”

Jankowski, who said he has personally experienced health effects related to the HAF Wind Energy project already in operation in West Lincoln, said it’s a matter of when, not if, those living near the Niagara Region Wind Farm currently under development will experience adverse health effects. The groups say the noise data will help establish a clear picture of what residents are dealing with.

“This data can be used for a number of things,” explained Jankowski. “First and foremost, it can be used to aid in a response if necessary. To indicate what people are being subject to.”

What began as a mild ringing in the ear turned into dizziness and decreased mental capacity for Jankowski. His teenage daughter has also suffered debilitating migraines with stroke-like symptoms. The problems have been ongoing for the past year and a half.

WLGWAG and MAWT came before committee with several asks Monday, the main of which was for a commitment from the municipality that it will protect the community.

“The township should act immediately to manage risks by collecting measurement data about noise emissions in our community,” Jankowski said. “We need to monitor full range noise on an ongoing basis to provide an understanding of what people are subject to in their homes.”

The groups are requesting the township immediately look into ways of establishing and collecting noise data, to establish an advisory committee to hear turbine-related concerns and that it presses the government to purchase more sound measuring devices.

Coun. Joanne Chechalk, vice chair of the planning committee, said she was all for collecting noise information but wanted to take the request one step further.

“My concern is that if we do all of this, we monitor all … the municipality can’t do anything, as we all know,” said Chechalk. “There is no mechanism, nothing to say or do. It’s akin to drinking water. After Walkerton happened, we now have policies in place and councils have been trained. So now when water levels are unsafe they are declared that way and we have boil water advisories. There is nothing for wind turbines. If this says that we get to 40 or 60 decibels, what do we do?”

read more: Jan 13, 2016 NiagaraThisWeek.com By Amanda Moore