Letter to the Appeal Board

I'm beginning to feel like a bit of a secretary cutting and pasting every day, but for you railway-tie fans out there who want to soak up everything you can, I provide for your information the letter sent yesterday by Ruth Madsen to the Environmental Appeal Board. I'm in Prince George today to speak at a bio-energy conference at the invitation of Forrex, on the subject of public engagement in bio-energy projects. I'm thinking the ACC situation will come up. The letter: March 2, 2010                                                                                                                                                   Environmental Appeal Board RE: Aboriginal Cogeneration Appeal                                                                                                                                   (by email) Dear Mr. Andison, Thank you for your letter of February 23, 2010    FILE 2010 EMA-002.  Also thank you for copies of requested letters from Aboriginal Cogeneration Corporation, dated February 19 and 22.  I wish to state for the record, that the appeal and the money order were both sent by registered mail on February 6, 2010 (of which I have the receipts) although from different locations, due to a family emergency.  They were also emailed on the same day by PDF, and thus received by the Appeal Board February 6^th.  A lawyer told me that because the 30 days came on a weekend we in fact had until the Monday, but I was not personally aware of that so met the deadline I was sure of.  It is noted with appreciation the opportunity allowing myself, Ruth Madsen, to present this appeal in my personal capacity and I therefore, state that it would be my request to do so. The reasons for my appeal are numerous, but the biggest reason comes from being a mother, grandmother, and now at 72 years a great grandmother.  I have been a Kamloops resident for 40 years, but have resided at 170 Nicola Street for the past 32 years.  This home is a large old home with lots of room for family.  So we have at present a 30 year daughter, and her 2 and 8 year old daughters living with us.  This is an old neighbourhood which has now become home to many young families who may be at the same or worse risk from such a demonstration facility.

Although my daughter Lis is a master scientist, I was not a scientist in my working days, but an educator who was always interested in the world around me and my family.  My main concern was always toxic chemicals so it may not surprise you that I worked with the CEC, Commission for Environmental Cooperation  in Montreal, and sat as one of five on the National Pollutants Release Inventory, the Canadian  NPRI team. One of our issues was, toxic chemicals and children’s health, the other was expanding the toxic chemical list for Canada.  I therefore was involved in a lot of research relating to toxic chemicals and learned a little.  During this 12 year time frame I also worked with the Federal Government on three or four international agreements on toxic chemicals, all of which include some of the toxic chemicals in creosote, if not creosote itself.  I do not have my files with me at present.  These are the basis for my personal concerns about this demonstration gasification incinerator that will burn creosote rail ties.

In my research for this project I found a document about creosote that lists 199 toxic chemicals in coal tar creosote, which is the fuel  to be used for this facility.  Many of these chemicals which I found on my RTECS (The Canadian Health and Safety database) can cause birth defects, tumours, mutations, and reproductive disorders which can affect unborn children and fish.  That would be an unreasonable adverse effect, and far too much risk for my family and others who could be aggrieved as well. 

During the short winter someone told me there was creosote dust (from the chipping facility already in place) covering the snow on the land and the snow on top of the river ice.  As I was babysitting the 2 year old I asked two friends to go down and take samples of this dust on the snow, which they did and took to a lab.  We agreed with the lab to test for only 18 of the chemicals we knew were in creosote and all 18 were evident in this sample. This raised my concerns for my family and others because creosote dust was not even part of the permit.  Again too much of a risk for my family, neighbours and the salmon that are already in huge decline in the Thompson.

I have many native friends who rely on the salmon for their food but also as their native right for social and ceremonial purposes.  Many of those same friends and acquaintances also drink the water of the Thompson River as do the towns of Ashcroft and Savona.  These people could be impacted as they plan to put liquid effluent into city waste stream, but also from the chipping dust which would be much greater than when we took the samples because they will be also chipping continuously to supply the new facility.  I was a member of the federal and provincial Treaty Negotiations Advisory Committee (TNAC) for 15 years supporting the rights of not only First Nations in treaty negotiations, but the bands and tribal councils who were not,  to make sure all their rights were protected.  I only raise this as I have been accused of being a racist by the proponent and therefore  he claims I should not be allowed this appeal.  I could show you close to 500 related emails, and there has never been one racist comment from anyone.

My home at 170 Nicola Street, is approximately 4 km from our local pulp mill, and the proposed site for the ACC plant is one property closer to my home than the mill.  Both are to the west but a lower level than my property.  My home and property are hugely affected by emissions from the mill, therefore the emissions from the ACC plant will follow the same airway as it is directly adjacent to the mill site.  These emissions invade my property approximately 2 days a week, but also when there are inversions which happen regularly.  During these inversions our 2 and 8 year olds choke if in the yard, and so we have to stay indoors.  These inversions can continue for days and the pollution covers the whole valley.  As I live in an old house we have no air conditioning, but rely on the cool nights, to cool our home.  I and my family have now become allergic to these pollutants and spend days nauseated, with severe headaches.  Adding another possible source of pollution to our valley would severely impact us. 

The world has become concerned, and many countries now have laws regarding nanoparticles.  We in British Columbia are not there yet, but those of us who research it, are more concerned.  If my family and I already have health concerns we could be at greater risk from these tiny particles of toxics that may come in the air from just down the hill.

Further, the degree of public concern for the operation of a demonstration creosote gasification incineration plant built in downtown Kamloops has been unprecedented.  My wish, ultimately would have been that more residents of Kamloops were represented through The Thompson Institute of Environmental Studies.  Gratefully 100 doctors of Royal Inland Hospital and the Kamloops Health Coalition, plus many individuals have sent letters of support for this appeal.

I would like to state here that I wrote the complete appeal myself (because the person who would have assisted me was out of the country),  also this part, as an individual person and that all of the 22 reasons in that appeal  have or will in future personally aggrieve me if this facility is built in downtown Kamloops.  I have much documentation prepared in order to prove my points, that this plant will have an unreasonable adverse affect on me, my family, people in Kamloops and the environment.  My apologies if my wording is not correct or not in legaleze.

My last request to the Appeal  Board, is that we have an oral hearing in Kamloops as all of my documentation is there and that I am finding this most difficult as I am very new to computers, email and technology and I will need time to prepare the documents and witnesses for appeal.

With Respect                                                                                                                                                          

Ruth Johannes Madsen

P.S.  I will be responding to the March 1, 2010 letters from ACC, later in the day,  and thank you for sending them.   My letter to you will be cc to the Ministry and ACC as a courtesy.  Thanks