In June 2006, three local couples formed Clean Air Bath. They were soon joined by other residents. The group was mobilized by concerns over the impact that the proposal by Lafarge Canada Inc. to burn tires and a host of other waste in its 34-year-old cement kiln in Bath might have on human health, the environment, and the economic stability of Loyalist Township, Kingston, and surrounding areas.

About half a year earlier - in spite of numerous requests by public interest groups and municipal councils to do otherwise - the Ministry of the Environment had announced the following: :

1. Lafarge's applications did not warrant an Environmental Assessment under the province's Environmental Assessment Act, and
2. the decision whether to refer Lafarge's applications to a hearing before the Environmental Review Tribunal, pursuant to the Environmental Protection Act, would be subject to the discretion of the Director of the Environmental Assessment and Approvals Branch.

Responding to the Ministry's decision, Clean Air Bath, in cooperation with other advocacy groups, collected signatures, conducted informational meetings, organized rallies, and made presentations and submissions to various stakeholders, including the Ministry of the Environment, Loyalist Township Council, and the KFL & A Board of Health. The group engaged in these activities for two reasons: to inform the public, and to communicate to government the need for an extensive scientific study of the controversial practice of tire burning. See Activities Page for further details.

This notwithstanding, three days before the Christmas holidays, the Environmental Assessment and Approvals Branch of the Ministry of Environment issued two permits to Lafarge approving the company's applications to burn and to store tires and waste on site. The approvals of Lafarge Canada Inc.'s application to discharge into the natural environment other than water (Air), and Lafarge Canada Inc.'s application for a waste disposal site are posted on the Environmental Registry.
http://www.ene.gov.on.ca/envregistry/022754ei.htm
http://www.ene.gov.on.ca/envregistry/009042ei.htm
After reviewing the associated Certificates of Approval, Clean Air Bath concluded that the conditions did not adequately address the numerous concerns the group had repeatedly raised.

What's more, on the same day as the Environmental Assessment and Approvals Branch issued Lafarge's Certificates of Approval, the Ministry of the Environment proposed a moratorium on tire burning for the rest of the province for a period of at least two years, stating that "[t]he Ministry of the Environment has no experience monitoring the environmental performance of facilities that incinerate tires.".
www.ene.gov.on.ca/envregistry/029090er.htm

Consistent with the process outlined under the Ontario Environmental Bill of Rights, Clean Air Bath, along with a number of other groups and individuals, had 15 days to file notice with the Environmental Review Tribunal indicating that the group wished to appeal the Ministry's approvals of Lafarge's applications. Clean Air Bath submitted its notice on 5 January 2007, the deadline for filing the Leave to Appeal application. The group's request for an appeal was endorsed by the 250 residents who attended the Clean Air Bath information update session the night before, on 4 January 2007. Subsequently, an extension was granted by the Environmental Review Tribunal until 15 January 2007 to allow groups time to submit all supporting documentation.

Lafarge Canada Inc. and the Director of the Environmental Assessment and Approvals Branch were given until 29 January 2007 to submit responses to the Leave to Appeal applications. Applicants, in turn, had three days to submit their rebuttals.

Clean Air Bath was unaware of this deadline and, therefore, has not filed a rebuttal. Even if Clean Air Bath had been aware of this deadline, it would not have been feasible for the group to review the documentation and comply within a 3-day time frame. The group has notified the Environmental Review Tribunal that Clean Air Bath's lack of response does not indicate that Clean Air Bath is in agreement with what the Director and the proponent have offered by way of reply to the Leave to Appeal applications. Moreover, Clean Air Bath has pointed out to the ERT and the Ontario Ministry of Environment that this 3-day provision constitutes another barrier to meaningful participation in the environmental decision-making process.

Clean Air Bath is grateful that lawyers associated with Lake Ontario Waterkeeper, Sierra Legal Defence Fund, and the Canadian Environmental Law Association are working on this file. These organizations rely on donations to finance their work on behalf of the public's interest. Presently, expenses for reports issued by outside experts are funded by private individuals associated with Loyalist Environmental Coalition as well as Bath resident Gord Downie and the Tragically Hip.

The Environmental Review Tribunal is scheduled to issue its decision on whether to grant the appeal on 30 March 2007.

In the meantime, Clean air Bath also has submitted comments in opposition to the tire-burning ban as it is currently proposed by the Ministry. To further underscore its concerns, the group staged a rally in Toronto at the beginning of February 2007. Please visit the photo gallery on our homepage for images.

To this day, the group believes that a full and independent Environmental Assessment is the only way to adequately examine a complex issue such as the practice of burning tires and waste in cement plants and other industrial facilities. Clean Air Bath's objective, therefore, is to increase awareness about the need for an extensive scientific study of this issue, and to inform the interested public about associated participation mechanisms in Ontario.

Clean Air Bath will continue to organize events to create awareness about the issue and associated participation mechanisms, as well as provide the public with opportunities to voice their concerns.