Category Archives: Lack of municipal power in planning

Fighting Words in Milford

vive a la resistance 2Credit:  The Intelligencer | December 20, 2017 | ~~

Experience is something you get right after you need it. On the heels of a potent, jam-packed rally in Milford to implore the government to pack up its turbines and go home, the bitter aftertaste and lingering sting of feeling deceived and betrayed remains ours to mourn and avenge.

When you think about it, the optics of investing in wind turbines can be construed as a patriotic opportunity to demonstrate support for green energy when better options may exist, but this turbine project is lead contender for first place as a blue ribbon colossal failure.

Clearly, Premier Wynne doesn’t want to be confused with facts, she has already made up her mind. Wynne is at the helm of The Ontario Green Energy Act – the largest transfer of wealth in Canadian history, and as it crosses the performance finish line, it’s lagging behind, Wynne thinks it came in first. As recited in quote after quote: The net result is this is the most over- priced, inefficient, redundant, useless subsidized wind power electricity in North America, never mind Ontario. All supply with no demand. Ontarians have an abundant supply of apologies and Mea Culpa’s from the Ontario Energy Minister for “sub- optimal outcomes”.

The notion of erecting seven 480’ turbines in Milford is just plain ludicrous, although the reality is easily heard by the heavy, gravel- laden trucks barreling down County Road 13 providing thunderous, early morning wake- up calls. The ugly esthetics beginning to sprout will impose a fire sale price tag for potential business investors in Milford and has struck fear in seniors inflicted with depressed residential land values while huddled beneath the looming white elephants. This is the Canadian government that has shoved its citizens to the sidelines to put up and shut up while they impose incompetent, environmental destruction upon a gentle community.

The knights of South Marysburgh tilting at wind turbines are growing in numbers scattered across the belly of South Bay in a mission to quash the project. Appointing Milford for monolithic wind turbines flies in the face of all that is naturally beautiful, peaceful and harmonious in the County. The 800- miles of shoreline tucked into warm, white sand dunes, tropically- hued waters, wine, food, farming, olive oil, maple syrup and bursting with artistic bounty is sacrilegious.

While defending both professional and personal scrutiny, perhaps Mayor Quaiff has the right idea, attacking the issue from within? After all, one of the most successful strategies every employed is “the enemy of my enemy is my friend”.

Milford owns the mouth’s that roar “we are mad as hell and won’t take it anymore” and it has fallen on the selected hearing of Wynne. Steve Ferguson closed his speech at the APEC annual general meeting last Sunday, quoting McGuinty “they (the public) can’t stay mad at us forever”. In Milford, Ontario, those are fighting words.

Mary Malone
Milford

Source:  The Intelligencer | December 20, 2017 |
Reposted from:  National Wind Watch

9 Years of ongoing Noise Complaints for Enbridge Wind

chatham-kent-ontario-enbridge-wind-from-hwy3-talbot-trail15 (1)
CHATHAM KENT ONTARIO ENBRIDGE WIND FROM HWY3 TALBOT TRAIL15

Kincardine Council asked the MOECC(Ministry of the Environment & Climate Change)  on December 6, 2017 what is being done about continued noise reports at the  Enbridge wind power project for the past NINE YEARS!  MOECC District Manager documents the history of incomplete reports, and reported health effects.

 

The wind at his back

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Former Minister of Energy & Infrastructure Georger Smitherman- 2008

The date is September 28, 2008 newly minted Ontario Minister of Energy and Infrastructure George Smitherman gushes over  a vision of the future for green-energy in Ontario.   In 2009 the Green Energy Act passes and is rapidly followed by 1 000s upon 1000s  of industrial wind turbines erected.  Ontario bowed to political push back by pausing installation of wind turbines in the Great Lakes. Today an offshore  demonstration project looms with a build date of 2018.  The project proposed in Lake Erie off Ohio’s shores.

Fast forward to 2017.  Minister of Energy Glenn Thibeault admits mistakes were made by government with its green energy plan. Ontario holds tight to its energy vision of a green energy industry.  Wind projects are forced onto unwilling host communities.   Resident’s voices of opposition muted under renewable energy legislation.   At the Federal level the wind industry is championed by many, including Minister of the Environment Catherine Mckenna.  The Minister recently declined to take up pleas to review cumulative wind energy projects along the Great Lakes 

From visions of green energy to build out of wind projects.  What do you see?

The wind at his back

By TYLER HAMILTONClimate and Economy Reporter
Sat., Sept. 27, 2008

NIAGARA FALLS–In just nine weeks George Smitherman has likely learned more about the green-energy industry than any energy minister before him, and then some.

Sitting in a meeting room at the Sheraton Fallsview Hotel in Niagara Falls, just minutes after giving his first major speech since being appointed energy and infrastructure minister in June, Smitherman enthuses like a kid who has just returned from Euro Disney.

He recounts his visit to a small community in Denmark that powers and heats itself with straw, municipal waste and geothermal energy. Then there was the neighbourhood in Freiburg, Germany, powered by rooftop solar panels atop high-efficiency homes. In Spain, he saw how the local electricity operator manages the country’s 15,000 megawatts of wind turbines and a world-class stable of solar farms.

His travels also took him to California, where he learned how the world’s fifth-largest economy used innovative conservation programs and energy-efficiency mandates to keep per-capita electricity consumption flat for the last three decades.

“Imagine a world where we could emulate their success?” asks an animated Smitherman, 44, who later turns to Amy Tang, an adviser sitting across the table. “Sorry, now I’m getting all worked up. Am I frothing at the mouth?”

The trips didn’t end there. On his home turf, he has already visited the massive Prince Wind Farm in Sault St. Marie, the Atikokan coal-fired generating station near Thunder Bay, the province’s three nuclear power stations, the massive Nanticoke coal-fired station, Hydro One’s grid control centre in Barrie, and has been inside the Niagara Falls water tunnel currently being excavated by Big Becky.

“I call it sponging. I just went out there to try and learn as much as I possibly could,” he says. “Everything I do, I learn something that’s one more piece of, let’s face it, a complex puzzle.”

Smitherman says he’s “jazzed” about his new job, a fresh change after five years as health minister. Premier Dalton McGuinty made it a promotion, insiders say, by merging the energy and infrastructure portfolios into a super-ministry.

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‘It’s David versus Goliath’

“The people in this region deserve better than what they’ve received. They didn’t have a say in what happened, yet it’s happening, and happening very close to the town of Wallaceburg,” Violet said.

The group is trying to make the community aware of the project, said Violet. Not only are there concerns about potential problems with water wells, but there are also concerns about noise and low frequency sound levels, due to their large size.

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ILLUSTRATION BY J.C. FRANCO

By David Gough, Postmedia Network
Wednesday, November 29, 2017

Preparing for what they’re calling a ‘David versus Goliath battle’, a grassroots group is organizing opposition to the Otter Creek wind turbine project proposed for north of Wallaceburg.

But money is needed to fight a large wind company. Wallaceburg Area Wind Concerns has a GoFundMe account, which has brought in $1,325 of their $50,000 goal. As well, the organization is accepting donations at the TD bank branch on James Street in Wallaceburg.

Earl Towell, a member of the newly formed group, said donations are coming in to prepare for the fight.

“These things aren’t cheap. We’re up against a company with plenty of lawyer services. If we want to be able to put forward any kind of battle against this, we have to hire experts,” Towell said.

Along with lawyers, Wallaceburg Area Wind Concerns is looking at hiring expert witnesses.

The ministry is currently undertaking a technical review of the Renewable Energy Approval application for Otter Creek, which will include reviewing and considering all comments made about the company’s REA when it was posted to the Environmental Bill of Rights Registry earlier this year. Once the review is complete the REA can be appealed…

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Seeking Justice for Rural Ontario

aTurbine 109_v1 CRWind turbine approval process unfair to public

JIM MCPHERSON, SPECIAL TO THE TORONTO SUN
THURSDAY, SEPTEMBER 28, 2017
Ontario’s Ministry of Environment and Climate Change (MOECC) has approved numerous wind energy projects across the province.

But what if many of these approvals were improperly done, as determined by a court?

Rural residents have appealed several wind projects to provincial tribunals, but most are denied because Ontario’s Green Energy Act permits these appeals only on very narrow grounds of irreparable harm to the environment or human health.

For that reason, a citizen’s group in Prince Edward County recently filed for a judicial review of Ontario’s wind turbine approval process, in Superior Court in Ottawa.

The appellant is a not-for-profit corporation composed of hundreds of Prince Edward County residents, who claim their Charter rights have been violated by Ontario’s Green Energy Act (GEA).

They contend their rights have been violated by the “institutional bias” of the MOECC, and by its failure to properly consider matters of direct relevance to the wind energy project approval process.

The filing also alleges “an egregious instance of regulatory capture”, of MOECC and its affiliated provincial agencies.

None of the allegations have been tested in court.

In the view of the appellants, rural Ontario citizens receive only minimal procedural fairness under the GEA.

During the project approval processes, they are not entitled to present direct evidence but are restricted to submitting comments to a website.

In many cases, the information on which they are asked to comment is incomplete, as yet undisclosed, or subject to later amendment.

Appeals to Ontario’s Environmental Review Tribunal (ERT) are possible, but again, only on very narrow grounds of proven, irreparable harm to the environment or human health.

Property owners living close to wind turbines have complained about the pollution of wells, restriction of land use, fires, flying debris, health impacts, killing of wild life, property value diminution and inhabitability of homes.

During and after construction, many municipalities are concerned about potential road damage, water pollution and financial damage to local economies.

Many residents complain that once wind projects are completed, the province fails to meaningfully enforce regulations connected with their operation.

Provincially regulated setbacks of turbines, while inadequate in the view of many rural citizens, nonetheless effectively mandate that wind energy projects are built only in rural neighbourhoods, as opposed to cities like Toronto.

Unlike cities, vote-poor rural communities are unable to successfully pressure the government to relocate wind projects they say are inappropriate.

By contrast, in vote-rich Oakville and Mississauga, urban residents convinced the Liberal government, leading up to the 2011 provincial election, to relocate two proposed natural gas-fired electricity plants at an eventual public cost exceeding $1 billion.

The Liberal government also suspended a proposed offshore wind project impacting urban ridings in Scarborough after protests by local residents.

Under the GEA, municipalities can no longer use official plans or land use bylaws to protect citizens from inappropriate land use.

Many believe this is a reprehensible failure by Ontario’s government, but it cannot be attributed solely to the provincial regulating agencies.

In many cases, skilled, professional staff working for these agencies have basically been rendered inoperative by provincial legislation that makes them ineffective.

Comparing rural citizens fighting industrial wind turbines to the Liberal government pulling the strings, one is reminded of what was said about Allied troops in the First World War: “We have lions led by donkeys”.

Perhaps the judicial review requested by Prince Edward County residents will help restore fairness to the battlefield.

To the very end

To the very end…

“It will be expensive. And it’ll be expensive when I win my suit in Ottawa because that will make all of the IWT’s illegal, they’ll all have to come down, and somebody’s going to have to pay the bill.”
– Alan Whiteley re: Ontario’s “Fair Hydro Plan”

Alan Whiteley presentation to the committee on Ontario’s Fair Hydro Plan  links the government’s  response to escalating electricity rates and harsh decisions people are forced to make in the face of energy poverty.  Ontario is taken to task over to its failure to assess costs ,benefits and adverse consequences of its renewable energy policies.

 

heat or eatAlan Whiteley is the legal lead for the Judicial Review before the Courts of Ontario’s Green Energy Act (GEA).  The challenge is predicted to be successful and would result in making all erected Industrial Wind Turbines in Ontario illegal resulting in a very expensive bill to be paid as remedy.

For more information about CCSAGE Naturally Green’s Judicial Review of the GEA.

The following media report has an edited written version of Mr.Whiteley’s presentation to the Ontario Fair Hydro Act 2017 committee in June 2017:

Ontario’ Fair Hydro Act a Ponzi Scheme

amherst NS

 

 

Call for Action over claims of water well contamination

Multi-Municipal Wind Turbine Working Group

MEDIA RELEASE
14-September-2017

“Rural residents near Chatham Ontario have accused Samsung Renewable Energy, (a division of the Korean trans-national) of contaminating their drinking water wells.
The contamination is believed to have resulted from continuing pile driving for a 36 turbine development in North Kent on Bush Line near Highway 40. The Ministry of the Environment and Climate Change (MOECC) approved the North Kent Wind project even though it is situated on an important aquifer. Residents say the MOECC has ignored their concerns and refused to test their wells for heavy metals or even tell them whether their water is safe to drink……”

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Noise from wind turbines may cancel a Sale

good neigboursParis – The noise of new wind turbines may justify the cancellation of the purchase of a house if the buyer claims it.

The purchaser, faced with this nuisance, may in fact invoke his own misjudgment which has vitiated his consent, especially if he has been preoccupied with the environment before buying, judges the Court of Cassation.

Although no one is at fault, the error of one of the parties leads to a defect in his consent which justifies the handing over of things to their former state, that is to say the reciprocal restitution of the house and its price, Admit the judges.

Since the construction of wind turbines is not a question of town planning, it may not be reported as such to the future purchaser, To inform the city council on urbanism projects, observes the judges.

This future purchaser can not therefore complain that it has not been reported to him. It would have been necessary to ask precisely the question of a project of installation of wind turbines. But in any case, even informed of the project, the seller could make a mistake as to the significance of its consequences.

In short, the seller, purchaser, notary and administrations are excusable because, knowing the project, nobody could imagine the magnitude of the nuisance. It was only when they appeared that the purchaser could see that if he had known, he would not have bought. 

(Cass Civ 3, 29.6.2017, Z 16-19.337)

This future purchaser can not therefore complain that it has not been reported to him. It would have been necessary to ask precisely the question of a project of installation of wind turbines. But in any case, even informed of the project, the seller could make a mistake as to the significance of its consequences. In short, the seller, purchaser, notary and administrations are excusable because, knowing the project, nobody could imagine the magnitude of the nuisances. It was only when they appeared that the purchaser could see that if he had known, he would not have bought. (Cass Civ 3, 29.6.2017, Z 16-19.337). (© AFP / 07 July 2017 09h55)

Installation of wind turbines. But in any case, even informed of the project, the seller could make a mistake as to the significance of its consequences. In short, the seller, purchaser, notary and administrations are excusable because, knowing the project, nobody could imagine the magnitude of the nuisances. It was only when they appeared that the purchaser could see that if he had known, he would not have bought. (Cass Civ 3, 29.6.2017, Z 16-19.337). (© AFP / 07 July 2017 09h55)

While knowing the project, no one could imagine the extent of the nuisances. It was only when they appeared that the purchaser could see that if he had known, he would not have bought. (Cass Civ 3, 29.6.2017, Z 16-19.337). (© AFP / 07 July 2017 09h55)

Google translate Original text in French:

Link to Court Decision

Le bruit des éoliennes peut annuler une vente  

french wind project
Installation of wind turbines in France

Windlectric Fails to bully Council over Amherst Island Wind

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Loyalist Township Council Resists Bullying By Algonquin Power
Stella, May 30, 2017

The Association to Protect Amherst Island (APAI) applauds Loyalist Township Council’s decision to defer approval of Windlectric’s Operations Plan for the Amherst Island wind turbine project. Council resisted pressure from Algonquin Power to approve a Plan that in Windlectric’s own words, anticipates “Structural failure of lsland roads”.

On May 29, 2017, Mr. Jeff Norman, Chief Development Officer for Algonquin Power wrote:

“Due to the differences separating Windlectric and the Township, Windlectric can see no basis on which arbitration can be avoided on some of the issues identified in the Staff Report. Accordingly, Windlectric will have no choice but to commence arbitration proceedings under Part X of the RUA (Roads Use Agreement) if the OP (Operations Plan) is not approved by Council on May 29, 2017.”

APAI congratulates Council for choosing the public interest over Windlectric’s business interests by deferring at its May 29th meeting the Operations Plan pending receipt of:
a. legally supported definition of the extent of the Township’s road allowance, to the satisfaction of Loyalist Township;
b. the confirmation that the width and capacity of the Township’s road allowances will support the construction and related detours as outlined in the Operations Plan, to the satisfaction of Loyalist Township; and
c. that the issues noted by G.D. Jewell [Loyalist Township’s engineering consultant] be addressed to the satisfaction of Loyalist Township.

In its submissions to Council, APAI emphasized that:
• the fifth version of Operations Plan finally acknowledged that the lsland roads do not have the load bearing capacity to support the heavy equipment required for the wind turbine project and that structural failure of lsland roads is anticipated in section 2.6 titled “Potential Road Failure”. APAI asserted that it was inconceivable that Windlectric expected Council to approve a Plan that anticipates the total failure of roads on Amherst lsland, putting lives and the environment at risk.
• Windlectric’s Plan also fails to comply with commitments made to the Environmental Review Tribunal as Windlectric now plans to widen all haul routes to 6 m. This is totally contrary to the three minor and temporary widenings on which the ERT based its decision.
• the Operations Plan should be amended to place the onus on
Windlectric to comply with the Renewable Energy Approval Conditions of Approval, all federal, provincial, municipal laws, and commitments made before the Environmental Review Tribunal.
Windlectric’s Marine Logistics Plan fails to demonstrate how 24 barge trips per day crossing the ferry path can possibly be safe. According to the Operations Plan, two barges carrying fuel, hazardous materials, heavy equipment, turbine parts and personnel will cross the ferry path twenty four times per day from September to April.

APAI’s submission also addressed a long list of significant and very troubling matters including resolution of the important and complex issue of forced roads, the lack of baseline testing of residents’ wells for water quality and rate of flow, and Windlectric’s request for a blanket exemption to the Township Noise Bylaw.

The Amherst Island Wind Project has already caused a major power outage on the lsland, a fuel spill, and a water emergency in Prince Edward County. Consequently, it is reasonable that Council insist on absolute compliance without exception to protect the public and the environment.

APAI commends the expertise, tenacity and due diligence of Township staff and congratulates Council for standing firm in the face of bullying by Algonquin Power until the Operations Plan addresses all outstanding issues.

Contact: Michèle Le Lay
President, Association to Protect Amherst Island
protectai@kos.net

SOURCE (emphasis and links added)Association to Protect Amherst Island

“Windlectric’s proposed haul route on South Shore for heavy equipment, turbine parts and concrete trucks – 10,322 trucks! The scene by Peggie’s house this morning Monday May 29. Windlectric says roads will fail and has finally discovered what Islanders have known all along: Island roads do not have the load bearing capacity for an industrial turbine project.
Be careful out there: South Shore is closed by Bruce and Andrea’s. South Shore to the east is being pounded by waves and the eroded bank may collapse”  FaceBook, May 29, 2017   Caption on photos corrected:  Road damage shown due to high water levels