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Pumin test proceed despite FORCE challe nge - By Dianne Cornish SPECIAL TO THE CHAMPION A iast-ditcb effort to hait puîîspttg tests Rt the proposeci St. Marys Fiamborough qoarry site this wcek iaied wben the aggregate cottspany iniîiated the firsi round of îbrc inter- mâitenit tests Mondas. FORCE (Fniends of Rural Cormtunities aînd the Environment), the citizens' group that bas been lighting the quarrs proposai for the past four y cars. fied a notice of appli- cation for leave to appeal last Fniday to the Ens'îronimentai Review Tribunal (ERT). The appeai w as i rcactotî to the Mtnîstry of Siiitroiinitnt decision jul 8 ici gi ant a tenspo ai s permsit tii tike isater (Pli-Vs j to St. Mais Cernsent to allosi the waîeî testîng to Pto(CCCe iasi sers lot i- rtli i qu-ais- group aiso tssitcd a 'stand dîîsst nictîci to te cerntent Loîttpansi\ advising St. Maîy s ofi- cial-. of FORt..i 's legti chiailcngr m ad suggestiin( titat the tests nt p rocecd until die E-Ri rutes onit te gtotp's applit:ation for ias ilsiet int stasý St. \lar\s sokesmnt John Moroz saîd Monday tisai the tests arc underway ansd w iii irîcced for the balansce of the week because -it is otti understanding thai there is no appeal merbanisins opten to FORCEF i thiisk people bound that oui iast week,- the vice-presi- dent ansd general msanager utf St. Marvs CBMI Aggregates added, referring to a sections of the Envsronmentai Bill of Rîgists tisat prevents aispeais w'hen the îerm of a PTTVN' îs less thaîs a veat. The St. Marys pernsit, granîîng îhree separate tests ut six to eîght days each, termainatesJune 30, 2009, makîng ils term jusi nine days short ut a year. Moroz aiso noted that the MOE, the regulating body that approved the permit, "hasn't suggested anyîhîng different" with regard to regulations governing appeals. "So we're proceeding," he said. FORCE Chair Grahamn Flint argued that the ERT's wiil- ingness to eonsider whether it has jurisdiction over hearing the group's appeal is reason enough for St. Marys to hait the testing. He saîd, "The ERT had the option to say, 'The permit is for Iess than 365 days, (so) take your marbies and go home."' But the Tribunal immediateiy responded to FORCEs leave to appeai application last Fniday, saying it wiii aceept sub- missions from the parties învoived on the issue of whether or not it bas jurisdiction to consider the appeai. The jurisdictionai question must he settied hefore the Tribunal can mile on FORCES motion 10 seek a stay of the PTTW Flint interprets the Tihunai's response as "showing potential for an avenue of appeal." As such, he questions St. Marys' "moral authonity" t0 proceed with the water tesuing. 'If St. Marys continues to take any actions 10 implement the PTTW, il wdll prejudice our legal application and contin- ue t0 show that the company is failing te, eamn it social lîcense t0 operate in our community," he saîd. The ERT bas asked for submîissîons from FORCE by today, foilowed by response submîssions [rom St. Marys by thîs Wednesday and, finaliy, submissions fromt the anti-quar- ry group, in repiy to the aggregate companva arguments, hy ne'cl Fniday Flint was unsure how soon the ERT wtll mile on the osaîter of junisdîctîon. In the meaistime, the fîrst daily meeting of technical staff csverseeîng the pump tesîîng was held on the St. Marys site Mondas' altemîtois whîle a smali group of area resideîsts pîcketed the meeting site 10 protest the îesting. Amcsng the pieketers was Eiamborough Councîllor Margaret McCarthy, who carnied a sîgn saying, 'Not another Walkertisn,' alludîng 10 cont.aminated well waîer thai caused the deaths tif il peuple in the Ontaaio community eighî years ago Opponents of the proposed quarry, on the norîheast cor- ner t i Ih Concession Road East and Miiburnugh i me in Flamhorough near Campbellvdlé, charge that the pump test- îng could harm local waîer supplies. affecting hoth nts quant- îity and quality But St. Marys officiais have consîsîently counîered ihat there are safeguards in the testîng 10 proteet local water resources fromt negatîve impacts. see RtESIDENT on page A18 The Canadian Champion, Friday, Juty 25, 2008 -A3 AUTO BODY ~A (ROYAL ATLANTIC) INC.Y Comsplete colisioui repair and rerhnisiài services WA e )re very pleased to announce that seniors now have a new option in retire- VVment living. The thoughtuly designed suites, amenity spaces and services of lifestyle, now and in the future, in a setting you would be proud to cal home. Cai today to book your persnal tour. Leasing uipfast PRSNAINCNR O PN OAKVILLE 180 Oak Park Blvd. Oakville, ON Cail 905-257-0095 CHARTWELL www.chartwellreit.ca Il