April 17, 2006

Three-way agreement resolves legal issues surrounding PEI construction/demolition waste site

An agreement signed by the Prince Edward Island government, the community of Hazelbrook and Maintenance Services (the site operator) has resolved legal actions related to the operation of a construction and demolition (C&D) disposal site in Hazelbrook.

The agreement, reached through mediation and negotiation, calls for the establishment of an environmental management committee for the site. Its members, representing the town, the company and the PEI Department of Environment, Energy and Forestry, will meet regularly to review the operation of the site. This will include examining water monitoring and inspection reports, reviewing the merits of any complaints from neighbours or the public about the C&D site, and conducting site visits. The committee will report annually to the Minister of Environment, Energy and Forestry, summarizing its activities and outlining the issues addressed during the year.

The agreement assigns Maintenance Services a number of responsibilities with regard to operation of the Hazelbrook C&D site. The company will be required to take steps to: plant trees at the perimeter of the site to provide a visual buffer; pave the entry road leading into the site from Highway Route 1 to the existing location of the weigh station; and use best efforts to investigate further ways to reduce noise at the site. The company has also agreed to contribute to a community development fund for Hazelbrook. The first contribution will be retroactive to January 1, 2006. The Community Council will administer the fund.

Subject to the provincial Environmental Protection Act and its regulations, Maintenance Services will be further required to place a restrictive covenant on the C&D site property indicating that no expansion of the current site will be undertaken for a period of four years.

As another measure to address environmental concerns, an environmental review will be carried out at the disposal site. It will be co-ordinated by consultants representing the community and the operator, as well as a representative of the Department of Environment, Energy and Forestry.

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