A wind turbine operated by union Unifor continues to operate despite hundreds of complaints about noise
Family suffers through night after night of noise while government, wind power operator do endless rounds of testing that go nowhere
Government lacks courage to order shutdown, says Wind Concerns Ontario
March 21, 2019
One Ontario family living inside the K2 Wind power project in Huron County has been waiting for more than three years for resolution to their complaints about wind turbine noise, according to emails between the Ontario government and the family.
In 2015, the family received this email from the Owen Sound district office of the then Ministry of the Environment and Climate Change (MOECC), in which the staff person writing the email notes that there are concerns about the noise being experienced at the home based on the ministry’s own measurements. The government staff member acknowledges noise recordings submitted by the family, then says “This … caused us to require the company to conduct a tonal assessment…”
From: Pollard, Heather (MOECC) <Heather.Pollard@ontario.ca>
Date: Wed, Nov 4, 2015 at 12:15 PM
To: [identity concealed]; Gass, Scott (MOECC) <Scott.firstname.lastname@example.org>, Chappell, Rick (MOECC) <Rick.Chappell@ontario.ca>, Munn, Natasha (MOECC) <Natasha.Munn@ontario.ca>, Pietz, Kimberley (MOECC) <Kimberley.Pietz@ontario.ca>
Since Scott is out of the office today, I am replying on his behalf. We have received your recording and, while the recording does not give us an idea about the volume of the noise, it helps give an idea of the types of noise you are hearing. The swishing sound seems fairly typical of wind farm noise that we have heard before, however, the ‘wooing’ sound is also evident. This is similar to the observations that we made that caused us to require the company to conduct a tonal assessment. Additionally, the detailed acoustic audits that we have required the company to conduct will assess the overall levels of noise coming from the wind farm.
Thank you for submitting this. It is helpful.
Heather G. Pollard
District Supervisor, Owen Sound District Office, Ministry of the Environment and Climate Change
Now, after more than three years of testing by the ministry and no action on the part of the wind power developer, the family recently hired an engineer to do independent noise measurement, which it has again, submitted to government as an indicator of problems. This testing was done simultaneously with noise measurement by an acoustics firm hired by the wind power operator.
The independent results appear to indicate that at times, the noise emissions from the wind turbines were over the legal limit for wind turbines in Ontario by as much as 20 decibels, or more.
According to the requirements of a wind power Renewable Energy Approval, the wind power operator must investigate the cause of noise complaints, and take action to ensure that the situation causing the complaint does not recur.
The family has been filing reports with the Ontario government since the wind power project began.
K2 Wind is owned by a consortium led by Axium Infrastructure with a minority stake held by the Alberta Teachers pension fund. The 270-megawatt power project has 140 2.3-MW turbines.
Problems predicted during citizen appeal
At an appeal of the K2 Wind launched by Shawn and Tricia Drennan, testimony by MOECC environmental officer Gary Tomlinson noted that there had been hundreds of citizen complaints about noise and vibration from other Ontario wind power projects, and that complaints continued even though turbines had been found in compliance.
A witness for Appellant, acoustician Rick James, testified that the noise assessment model used by the MOECC “will not predict a worstcase scenario and thus will underestimate the actual noise levels for many receptors within the project.” (Appeal 13-097/13-098, page 76) And, because of the deficiencies in the noise modeling process, Mr. James testified, “the predicted noise assessment was off by 5 dBA” ( paragraph ). Mr. James, an expert in audiology and sound monitoring and testing, also referred to the potential for tonal noise, infrasound and low frequency noise which would create a “significant risk” to health ( paragraph ).
In an email sent to Wind Concerns Ontario today, in response to emails from the coalition to the Ministry of Environment, Conservation and Parks on behalf of the family, District Manager Rick Chappell noted the testing is once again ongoing at the residence and that the ministry will “assess compliance against the Renewable Energy Approval”.
No courage to order shutdown?
“The length of time this family has waited for help is an outrage,” says WCO president Jane Wilson
“The regulations and compliance rules were put in place along with a complaint logging system to protect Ontario residents, but all we’re seeing here is testing, testing and more testing. Clearly, the Ministry is not doing its job as a regulator, and the endless testing suggests they do not have the courage, or political will, to actually order turbines to be shut down.”
Wind Concerns has copies of thousands of citizen complaints about wind turbine noise dating back to 2006, obtained under a Freedom of Information request; most remain unresolved, and the government response rate for recent complaints is less than seven percent.
Why complaints about wind turbine noise are important (and why Ontario is failing to use an important public health tool)
February 21, 2019
Many organizations act on consumer or user complaints because they know those complaints are an important indicator of the success — or failure — of a product or program. The Ontario government now has records of thousands of complaints dating back to 2006 regarding excessive noise and shadow flicker or strobe effect. The detailed files on these complaints, which contain notes by Provincial Officers with the ministry of the environment, also contain comments on adverse health effects stemming from exposure to the noise emissions.
While organizations like Health Canada act on reports of adverse effects from medications or problems with medical devices, the Ontario government instead maintains all complaints about wind turbines under the environment ministry and, to the best of our knowledge, does not even share these complaints and records with the provincial health ministry.
An article titled “Wind Turbine Incident/Complaint Reports in Ontario, Canada” was published recently in an international open-access library; the paper reviews the Ontario situation in the context of other public health reporting tools, and refers to documents Wind Concerns Ontario received via requests made via Freedom of Information legislation.
Conclusion? Ontario instituted a complaint process with the purpose of assuring citizens health and safety will be protected … but they’re not using it.
Here is an excerpt from the article:
Documentation of citizen noise reports received from the government shows that in the beginning, staff of the province’s environment ministry made an attempt (though apparently without resolution) to respond to the reports of excessive noise and other effects of wind turbine noise emissions. This may have conflicted with the government’s “green energy” policy as the efforts appear to have changed from response to issues management as the response rate to complaints declined to 6.9 percent in 2015-2016, from 40 percent in 2006-2014 (, p. 4).
Copies of staff training materials in Ontario which were received in the [Wind Concerns Ontario] FOI request show that employees were given specific directions from management as to what action, if any, to take. For example, in one PowerPoint training session, staff was directed not to treat wind turbine noise as tonal (, p. 9). It is possible the reason for this, could have been that according to the government noise measurement protocol, a 5 dBA penalty would have to be applied to noise measurements in the case of tonal or cyclical noise emissions, in which case a turbine might have been found non-compliant with regulations.
Notes from staff in summary reports of Incident Reports also indicated that staff recommendations to middle and upper management to issue orders for
noise abatement or other actions were ignored (, p. 12). It appears that the process of filing wind turbine Incident Reports and its purpose for addressing concerns about effects on health and safety may have resulted in more reports than expected and may have been dissonant with stated
government policy objectives to promote “green” energy.
Read the full article, here.
Ontario rural residents caught on a ‘hamster wheel’ of emails and phone calls to government, and endless testing for wind turbine noise — but nothing ever gets done
February 18, 2019
One of the cost-cutting initiatives of the now eight-month-old Ontario government is the “Red Tape Reduction” plan, spearheaded by Government and Consumer Services Minister Todd Smith.
Last week, Wind Concerns Ontario wrote to Minister Smith (who is also the MPP for Prince Edward County where citizens have been fighting wind power projects for over 10 years) to suggest that reviewing to wind turbine noise compliance protocol and actually enforcing Ontario’s noise regulations could go a long way to cutting “red tape.”
“The Compliance Protocol for Wind Turbine Noise is a costly and ineffective process,” Wind Concerns Ontario president Jane Wilson wrote in a letter that accompanied a box of printouts of noise complaints and Master Incident Report summaries that are government records collected since 2006. “Rather than requiring the project operators to address complaints to the satisfaction of local residents, the focus of enforcement has shifted to proving compliance with audible noise levels using this protocol. While the original Ministry compliance actions were focused on the actual complaints about the project, the new compliance process has no direct connection to the complaints registered with the Ministry about the turbine operations.”
“That is complex and costly for both the government and the power operators,” Wilson said.
This process is incredibly problematic, Wind Concerns Ontario asserts: staff time is being used to receive and respond to complaints coming in to the Ministry via its complaints tracking process (the Spills Action Centre and District Offices), staff is involved in liaising with wind power operators over the audit process, and now, an enormous backlog of long overdue audit reports is also being dealt with by staff. And meanwhile, complaints about the adverse effects created by wind turbine projects are not being resolved.
“This is the very definition of inefficiency,” Wilson said.
In one example provided to the MInister, a family in the Windsor area has been complaining about wind turbine noise and adverse health effects for more than eight years. According to documents received via Freedom of Information request, in one year the family had more than 50 interactions with government staff, staff with staff, and staff with the power operator. Ministry staff made two site visits with no action taken. Meanwhile, one member of the family visited the family’s doctor multiple times and underwent diagnostic testing including MRIs and acoustic testing, all of which place a burden on Ontario’s healthcare system.
“The fact is, the government and the power operators are relying on this protocol instead of listening to resident’s actual complaints, some of which clearly indicate the presence of other than audible noise. These complaints need to be addressed, the noise emissions need to stop, and the enormous cost to the people of Ontario can be identified,” said Wilson.
You expect lawyers to defend their clients. But shouldn’t a government lawyer always act in the public interest?
November 29, 2018
Last Friday in Toronto, the appeal against the Renewable Energy Approval for the “Nation Rise” wind power project—an appeal launched and funded by the community—heard closing arguments from the citizens’ group appealing the approval, the multi-billion-dollar Portuguese wind power developer, and the Ministry of Environment, Conservation and Parks.
The latter was represented by Ottawa-based lawyer Paul McCulloch. His job is to defend the Wynne government’s hasty approval of the 100-megawatt power project, south of Ottawa.
Question: Should a government lawyer not be also responsible for defending the residents of North Stormont from the adverse effects caused by a wind power project?
What happened though, was that Mr. McCulloch made astonishing comments in response to evidence brought forward on the risk to human health.
Mr. McCulloch alleged that “no” wind power project has ever been tested and found out of compliance in Ontario. This is patently false. To name just one example, the Unifor turbine in Port Elgin has resulted in hundreds of noise reports, it was found out of compliance and is now under a power reduction order and noise abatement plan (though noise complaints have not stopped).
Similarly, there were many noise reports for the Melancthon wind power project between 2006 and 2009, that the environment ministry did inspections and testing and concluded “the sound discharged into the natural environment from the wind turbines would cause an adverse effect.” * The company was ordered to reduce noise levels, and remodel several of the turbines; when that was not entirely successful, the ministry further worked with the operator to employ a noise abatement plan and in 2011, implemented a “noise reduced operating plan” according to a ministry report obtained under Freedom of Information request by Wind Concerns Ontario.
So, yes, turbines have been found out of compliance and abatement orders issued; the reality is, many others are caught up in a seemingly endless round of audible noise testing through a flawed protocol.
Mr. McCulloch also dismissed government records of complaints from residents presented by Wind Concerns Ontario as evidence of problems and especially adverse effects from wind turbine emissions, saying no conclusions can be drawn from self-reported complaints. However, “assessment” of noise/adverse effects complaints has not been a requirement of the process, so there would not be such records of medical opinions. And the ministry doesn’t follow up on reports of adverse effects, or even refer them to the Ministry of Health. The MOECC (now MECP) also does not collect information on academic credentials of the people as part of the complaint tracking process. The reality is, trained healthcare and medical professionals are among those who have filed complaints about the impact of wind turbines on their health, and others have had their assessments confirmed by healthcare professionals.
Government lawyer Mr. McCulloch, however, essentially stated that unless people registering complaints with the MECP provide medical proof, their reports are of no consequence. Does this mean that the thousands of provincial records of noise complaints are meaningless? That adverse health effects being reported to government are ignored? That is a terrible message for the people of rural Ontario.
Mr. McCulloch’s comments may also have undermined a community health investigation being carried out at the request of Huron County citizens, funded by Ontario taxpayers. The investigation was initiated by public health officials in the Huron County Health Unit in response to clusters of health complaints related to wind turbines. It is being carried out under authority of the Ontario Health Promotion and Protection Act.
But now, is all hope for this project dashed? At the hands of a government lawyer? Mr. McCulloch, a public servant, demeaned the investigation process and criticized the fact that it relied on information solicited from “volunteers.” By “volunteers” he meant Ontario citizens, the same citizens who have been dutifully filing complaints with the environment ministry since 2006, with little or no action.
Contrary to Mr. McCulloch’s remarks on the methodology in the investigation, it is modeled on the Health Canada community study, and received ethics approval from a university. Various challenges in the community (non-disclosure clauses in wind turbine lease agreements, distrust of more “study,” and despair at the lack of government action) have led to a lower participation level than expected by the investigating health professionals.
In recent weeks, the Medical Officer of Health and the staff epidemiologist have been in the media, renewing invitations for citizens to participate.
Who will participate in that important ongoing community health project now? Speaking apparently on behalf of the government, lawyer McCulloch essentially said any results will mean nothing to the MECP.
The lawyer also told the Tribunal that current Ontario setbacks and noise limits reflect the “consensus view” of the impact of wind turbines on health. That statement purposely ignores a report prepared by the Council of Canadian Academies for the federal government that demonstrated the basic measurement tool Ontario uses to assess wind turbine noise is inadequate, as well as the report issued by the Australian Senate Select Committee on Wind Turbine Noise, and recent announcements from the World Health Organization recommending a more stringent noise standard for wind turbines in Europe than is used in Ontario.
Mr. McCulloch’s statements to the Environment Review Tribunal were misleading.
The environment ministry should clarify his remarks immediately, in order for the Tribunal to be informed with the truth.
WIND CONCERNS ONTARIO
*Master Incident Report 7465-8KCC68, pages 2-3
For information on the Huron County community investigation: https://www.huronhealthunit.ca/reports-and-statistics/investigations/wind-turbine-study/
Proposed changes to Regulation 359/09, which covers wind turbine siting, noise, and how project appeals are allowed, don’t begin to cover the landscape on Ontario’s problems with wind power projects, says Wind Concerns Ontario. For one thing, there is no protection for health and safety.
November 9, 2018
Proposed amendments to Regulation 359/09, infamous in rural Ontario subjected to wind power projects as being THE regulation responsible for the abuses of democracy and social justice, don’t begin to make the changes needed, Wind Concerns Ontario says in a comment document filed this week with the Ontario government.
“The wider provisions of the regulation do not align with the experience in Ontario and current research on the impact of wind turbines on communities,” president Jane Wilson wrote in a covering letter attached to the formal comment document.
“The conclusion of experience and research is that many aspects of the current regulation are not sufficient to protect the health and safety of residents living near the wind power projects. Significant changes are required.”
The document was filed with the government on November 5th.
Affected by wind turbine noise, vibration and well water disturbance, or have experience with effects on the environment and wildlife? Send the document to your MPP with your personal comments.
Read it here: 359 09 Comment WCO-FINAL-Nov5
Ontario environment ministry has more than 500 reports of excessive noise — but nothing is being done. Why? Computers say everything is OK.
August 13, 2018
Residents forced to live inside the 110-turbine Underwood wind power project operated by Enbridge have been waiting patiently to find out what the results were of a long-awaited post-operational acoustics audit.
Their wait is now over, but they’re not happy.
Residents received telephone calls recently from the Owen Sound Office of the (now) Ministry of the Environment, Conservation and Parks to the effect that the Underwood project audit report concludes it complies with Ontario wind turbine noise regulations.
In a letter dated July 27th, Owen Sound District Manager Rick Chappell wrote:
“The report states that based on the results of the assessment, the Underwood Wind Project is in compliance with applicable sound level limits at your location.”
Chappell then apologizes for the “stress” caused by the assessment process, but makes no mention of the many reports filed with the ministry by the family, or of the adverse health effects possibly experienced.
The acoustics audit was prepared by Aercoustics Engineering, a firm that does acoustics assessments for many wind power developers, and also helps them prepare noise assessments for their applications for approval.
The assessment was first done in 2015, under the government’s previous noise protocol, but was not accepted. Aercoustics explains how the data was prepared (recycled) for the new report.
As an alternative, Aercoustics proposed that the turbine electrical power threshold be
replaced by a threshold based on rotational speed. These findings and recommendations
were presented to the MOECC in a memo dated November 15, 2017. This memo, along
with the correspondence with the MOECC, is attached to this report in Appendix F.
With the alternative assessment methodology, based on turbine rotational speed rather
than power output, a full dataset was possible using Aercoustics’ measurement data at
R144 from July 8 to September 7, 2015. Valcoustics’ measurement data was used for
receptor R145 spanning May 1 to September 30, 2015; the added data was required due
to the wind direction during the summer months invalidating most of the measurement
data at R145. (Source: Aercoustics Assessment Report Project 15143.01, January 30, 2018, page 5)
The audit was done on two of the project’s 110 wind turbines, in response to noise complaints from the residents. The revised report was produced three years after the original.
The audit also assumed that a single turbine was worthy of assessment and shut the other turbines down, in the fallacious/convenient belief that multiple turbines do not have an accumulated effect.
Complaints lodged, no action taken
Wind Concerns Ontario has copies of Incident Reports and Master Incident files provided under a Freedom of Information request from the then Ministry of the Environment and Climate Change. The collection of documents from 2006 to 2016 show that there are 515 reports of excessive noise related to the Underwood wind project.
In one report dated April 2011, ministry staff notes say that the caller was told there would be an audit by Valcoustics and a report provided, equipment was installed from November 2009 to April 2010 , but no results were ever provided to the caller. Staff note a report (number 66) was made to a Bob Simpson of Enbridge; the closing note says “noise modeling indicates no exceedances.”
In another report, also dated 2011, the caller to the ministry Spills Action Line reports “loss of sleep due to wind turbine noise” –this adverse effect is recorded again through several more calls. The ministry staff person notes “advised the caller that he should contact the Grey Bruce Health Unit… regarding health concerns.”
Aercoustics actually states in the 2018 report that because the monitoring towers were placed closer to the turbines than the residents’ homes, there was “a measure of conservatism … actual turbine-only sound at the receptors is expected to be lower than those measured at monitoring locations.”
In the case of one turbine assessed, that distance was only 38 metres.
Table 2: Receptor Measurement Locations
|Receptor||Location||UTM Coordinates||Distance to
|Predicted Sound Level*|
† Predicted level taken from Table 4 of the Revised Environmental Noise Assessment , sound
level at 6 m/s. ‡ Predicted level taken from Table 3 of the Revised Environmental Noise Assessment , sound
level after “wind direction adjustment”. * UTM coordinates for R145 monitor taken from Aercoustics’ monitoring equipment, which was
erected less than 10 meters from Valcoustics monitoring equipment
“This determination of compliance in the face of hundreds of complaints about this project, which has been operating since 2008, is nothing short of outrageous,” says Wind Concerns Ontario president Jane Wilson.
“It is a violation of the government’s own Environmental Protection Act to have allowed this many noise complaints to go on for so long, especially with the staff notations of adverse health effects. All the ministry does is talk about testing and compliance—they are not responding to the real problems that people are reporting to them. Acceptance of this whitewash report is a complete failure of their mandate to protect.”
To read the Aercoustics report, click here: http://www.enbridge.com/~/media/EF4720063692403B82FD1AA859689E0F.ashx
If the link does not work for you, follow these directions from Enbridge: www.enbridge.com, and then go to ‘An interactive experience: Our North American assets map’ on the home page. Click on see the map, and zoom in to find the Underwood Wind Farm (aka Ontario Wind Power Project). Click on the wind symbol and you will see a link that says ‘Click here to read Aercoustics Engineering’s acoustic immission audit on the Underwood wind farm’.
July 31, 2018
The Huron County Health Unit has released an interim report on its public health investigation into wind turbine effects, which was launched earlier this year.
The investigation, approved by the Huron County Board of Health, was in response to the hundreds of complaints filed by residents over excessive wind turbine noise and vibration or sensation. Huron County has some of the largest wind power projects in Ontario.
The public health investigation is being carried out under the authority of the Ontario Health Protection and Promotion Act.
In the interim report (the study is ongoing until the end of the year), the preliminary results are described:
“Of the 40 people who have completed a Registration Survey so far, half are male and most are not leaseholders for a wind turbine company. Approximately 60% of respondents reported they have been bothered, disturbed or annoyed by noise, vibration, light and/or sensations from the wind turbines. Noise was most commonly reported.”
Although the epidemiologist supervising the investigation says the research team has enough participants, they would like more, Dr. Erica Clark told Ontario Farmer last week. Residents can sign up to participate until October 31.
Wind Concerns Ontario has documents from the former Ministry of the Environment and Climate Change, received via a request under the Freedom of Information Act, which shows that the Ontario government received more than 4,500 official reports of excessive wind turbine noise and vibration from 2006-2016. The government responded to few of those reports, and in 2015-2016, responded to only about 6.9%.
Meanwhile, Provincial Officers in the Master Incident Reports, which include excerpts from calls made to the government hotline, noted adverse health effects in 35% of those reports.
“That violates both the Renewable Energy Approvals and the Environmental Protection Act,” says Wind Concerns Ontario president Jane Wilson, who is a Registered Nurse. “The approvals state that the wind power operators are supposed to investigate every complaint of noise and make sure there is not a repeat —clearly, with some of these Master Reports containing hundreds of calls, that isn’t happening.
“It is a violation of the EPA, section 1 (1) to allow anything, in this case noise, to enter the environment and cause adverse effect,” Wilson says.
“The government has a clear case for enforcing the rules.”
While the Health Unit can carry out the investigation into wind turbine noise and any adverse effect, it will not be able to issue an order to shut down turbine operations, Dr. Erica Clark says.
Under the Green Energy Act, sole responsibility for the wind turbines was given to the Ministry of the Environment, even in matters of human health.
To sign up for the study please go to the Huron County health Unit website here: https://www.huronhealthunit.ca/reports-and-statistics/investigations/wind-turbine-study/
or for more information about the study, please contact Dr. Erica Clark at 519.482.3416 or 1.877.837.6143 extension 2022 or email@example.com. You can also contact her by mail at:
Dr. Erica Clark
Huron County Health Unit
77722B London Road RR5
Clinton, ON N0M 1L0
In the meantime, residents experiencing noise, vibration, sensation, or flashing lights/strobe effect/shadow flicker should report these incidents. Please call the Spills Action Centre at 1-866-MOETIPS. Be sure to get an Incident Report number at then time of your call, and keep a record yourself of the time of your call, and what you reported.
May 8, 2018
The Ontario government announced late in the day last Friday it had given Renewable Energy Approval (REA) to the 100-megawatt “Nation Rise” wind power project, proposed by Portugal-based EDP Renewables.
The project is proposed for North Stormont, between Ottawa and Cornwall.
Many comments were received by the government during the comment period for the power project, many of which related to the unusual geology of the area.
In fact, according to a map of the project, almost every single wind turbine will be located over what is designated as “vulnerable aquifer.”
Ontario has already seen the results of wind turbine construction over fragile hydrogeology (though denied by the government), in Chatham-Kent where water wells have been disturbed such that at least 20 families do not now have water from their own wells. Several parties are now calling for a public health investigation.
Nation Rise map: the fine pink striped area is all “vulnerable”
In the case of the Nation Rise project, the ministry responded in the notice (emphasis is ours):
Impacts to groundwater
Concerns were raised that ground-borne vibration generated during construction (pile-driving) and operation of turbines (blade rotation) may impact well water quality. These concerns were based on allegations and complaints that ground-borne vibration generated during pile driving and blade rotation of wind turbines in another area of the province has impacted well water quality. Concerns were also raised regarding the potential for other project-related activities to contaminate groundwater.
Upon review of the groundwater aspects of the application, the Ministry of the Environment and Climate Change (MOECC) has decided to include a series of conditions in the Renewable Energy Approval (REA) related to groundwater and ground-borne vibration monitoring. Among these conditions is the requirement for the proponent to: not commence pile driving or blasting activities until groundwater monitoring and ground-borne vibration monitoring plans are submitted to and approved by the MOECC; implement groundwater monitoring and ground-borne vibration monitoring during various project phases; and implement a well water complaint response plan/protocol and contingency plan, as necessary.
Geological/geotechnical concerns and impacts as a result of natural hazards
Concerns were received regarding the viability of installing the project within leda clays and the potential impacts of the project as a result of natural hazards, such as landslides and earthquakes. Concerns were also received regarding the potential for the project to facilitate the development of a landslide.
To ensure that the project will be safely constructed in this geological setting, as a condition of the REA the proponent will not be permitted to commence construction of turbine foundations and access roads until a detailed geotechnical report has been submitted to and approved in writing by the MOECC.
One would think that, given the seriousness of these concerns, and irreversibility of any damage to the aquifer, the Ministry would have required these reports before issuing an approval.
Residents have other concerns including effects of being exposed from the noise emissions from that many wind turbines which will also be among the most powerful in the province. That concern is magnified by the fact that this new wind power project did not have to abide by Ontario’s newest set of rules for wind power generators, but was able to opt for the less strict, older guidelines. It is possible that many turbines will be out of compliance with new regulations the minute they begin operation.
If the project goes ahead.
The community is now pondering next steps, which could include an appeal of the approval.
For more information, contact Concerned Citizens of North Stormont : http://concernedcitizensofnorthstormont.ca/
or Wind Concerns Ontario at firstname.lastname@example.org
“We had no choice” : Wind Concerns Ontario on taking legal action regarding wind turbine noise reports
Citizens’ group charges Environment Minister with violation of Environmental Protection Act
May 1, 2018, Toronto, 10:00 EDT – The president of Wind Concerns Ontario (WCO), a volunteer-led coalition of 30 community groups and many Ontario families, has filed a private prosecution against the Honourable Chris Ballard, Minister of the Environment and Climate Change (MOECC), for violating Ontario’s Environmental Protection Act (EPA).
Private prosecutions are important tools in empowering private citizens to hold those persons in power to account.
The EPA prohibits anyone from permitting the “discharge of a contaminant into the natural environment, if the discharge causes or may cause an adverse effect.” Adverse effects listed in the EPA include “an adverse effect on the health of any person,” “harm or material discomfort to any person” and “loss of enjoyment of normal use of property.” (Section 14 subsections 1 and 2)
“We don’t take this step lightly,” says Jane Wilson, WCO President and a Registered Nurse, “but with the MOECC not responding to thousands of reports of excessive noise from wind turbines, which is affecting sleep and health for Ontario families, we had no choice. These are examples of adverse effects that Minister Ballard should not be permitting to continue.”
WCO recently received MOECC documents under a Freedom of Information request that showed thousands of unresolved reports of noise, many with staff notes about sleep disturbance and health impacts. Between 2006 and 2016, there were more than 4,500 recorded reports, 35% of which contained staff notes about adverse health effects; between 2015-2016, the MOECC response rate to the reports of excessive noise was less than 7%.
“Citizens report going without sleep for days, weeks, even months,” said Wilson. “Sleep disturbance is linked to other health problems such as high blood pressure and diabetes. Mr. Ballard, as steward of environmental protection in Ontario, is responsible for allowing this environmental noise pollution to continue.”
On April 30, 2018, Mr. Ballard was served with a summons to appear before the court on May 17, 2018.
CONTACT: Jane Wilson email@example.com
Excerpts from Ontario resident wind turbine noise reports:
“You have done nothing to help myself or my family. How many times [do we have to complain] before the MOECC will do something?”
“Another week has passed with no response from you. It has been terrible here off and on the past week …continue to be unable to get a good night’s sleep.”
“When will you reopen our file and help us?”
“We just want to sleep…”
“After a week of east wind and no sleep in our house this has become intolerable … it is up to you to address this”
Read Wind Concerns Ontario’s reports on the MOECC pollution Incident Reports here.
The 2017 report on noise complaints 2006-2014 NoiseResponseReport-FINAL-May1
The 2018 report on noise complaints 2015-2016 Second Report Noise Complaints February 2018-FINAL
Legal foundation for a private prosecution