Attn Romain Viel RE Port Saint John sends AIM $177K bill for fire-related costs at scrapyard
David Amos<david.raymond.amos333@gmail.com> | Thursday, February 22 at 2:38 PM |
| To:romain.viel@connorsstilwell.com, jbackman@aim-global.com | |
| Cc: aim-marketing@aim-global.com | |
Port Saint John sends AIM $177K bill for fire-related costs at scrapyard
Fire resulted in 'contamination and environmental impacts,' contrary to terms of AIM's lease, port CEO says
Port Saint John sent American Iron & Metal a bill for more than $177,000 for costs to date related to the fire at the company's harbourside scrapyard last fall.
The Sept. 14 fire at the west side site "resulted in contamination and environmental impacts, contrary to the terms of the [company's] lease" with the port, president and CEO Craig Estabrooks wrote in a letter to AIM, dated Jan. 22.
The fire burned for two days and prompted a city-wide shelter-in-place order because of hazardous smoke. AIM operations were suspended, and a joint provincial government-port task force was struck to investigate.
Port Saint John has incurred expenses "directly related to the fire, the investigation into the fire and the impacts caused by the fire," Estabrooks wrote.
The invoice to date amounts to $177,465.64, according to the letter, filed with the Court of King's Bench last week as an exhibit in AIM's bid to get the Department of Environment's suspension of its approval to operate lifted.
More invoices anticipated
Dillon Consulting professional service fees represent the largest share of the expenses, with more than $71,000 for the preparation of an environmental report and an additional nearly $13,000 for the preparation of a structural report, the documents show.
Arcon Forensic Engineers charged more than $42,000 to conduct a fire investigation and prepare a report.
Former Saint John fire chief Rob Simonds, who was appointed by the task force to "conduct a comprehensive fire investigation," charged nearly $14,000 to prepare a "community impact report."
AIM's
recycling plant, pictured here in December, sits idle under an order
from the province to stop operations. On the day of the fire, two cruise
ships were expected but ended up changing their schedule because of
Hurricane Lee. (Roger Cosman/CBC)
There is also nearly $8,000 for spill response by ALERT (Atlantic Environmental Response Team), nearly $5,000 for emergency security coverage by National Port Security Services, and nearly $4,000 for port facilities and port employee overtime.
"We will continue to provide AIM with further invoices for costs recoverable by [Port Saint John] under the lease as they are incurred," Estabrooks wrote.
AIM plans to pay under protest
In an emailed response to the bill from the port, AIM senior vice-president Doug Crawford argued the company is not obligated to pay the "majority" of fees under the terms of its lease.
"While the lease does provide for recovery of certain environmental remediation costs by the [Saint John Port Authority], this only relates to costs incurred where AIM has not responded to regulatory requirements during the term of the lease or, at the end of the lease, where an exit report reveals non-historical contamination in excess of standards required by the environmental laws," he wrote on Feb. 9.
The more than $84,000 for the port's hiring of Dillon Consulting, therefore, is not recoverable, Crawford said.
In addition, several of the invoiced items were incurred by the port on behalf of the joint task force on the fire, according to Crawford.
"As the attorney general noted in releasing the task force report, the task force had no regulatory authority over AIM and its operations at the site," he wrote. "The items related to investigations and reports for the task force are therefore not recoverable from AIM."
But since the port "clearly takes a different view," AIM plans to pay under protest, and reserves the right to set-off the amount against future rent, including interest at a rate of 1.5 per cent per month, Crawford wrote.
"It is our hope that discussions between the parties shall resolve this difference shortly."
It's unclear whether AIM has since paid the bill, or if any additional costs have been incurred.
"Port Saint John has no comment on these questions as they relate to the judicial review involving AIM and the Province of New Brunswick that is before the courts," spokesperson Patrick Beamish said in an email to CBC News on Tuesday.
City sent AIM bill for $219K
In December, the City of Saint John sent AIM a bill for $219,000 for the costs of fighting the fire — a cost it didn't think its citizens should bear.
Saint John Coun. David Hickey, who is chair of the public safety committee, said at the time there was no question the city would get the money.
"We will collect it. It's a bill that AIM owes us."
The only question, he said, was whether the bill should have been higher. While it included the total cost of fire services, it did not reflect the cost to local businesses that had to shut down for two days, or on individuals who were ordered to shelter in place, or on unforeseen long-term health-related costs of exposure to toxins in the air, soil or water.
"So I would suggest, in that case, they probably got off lucky," Hickey said.
- Herbert Black
City, port seeking resolution after dozens of explosions
Julia Wright · CBC News · Posted: Nov 23, 2018 8:20 PM AST
The last comment was mine
David Amos
"Saint John Mayor Don Darling and Black are committed to working together"
As I review this article I recall my conversations with both dudes and concluded that they deserved each other
AIM president blasts Saint John city leaders, province at public meeting
The company has been a catalyst for complaints about noise, dust,
pollution and series of explosions
Connell Smith · CBC News · Posted: Oct 17, 2019 9:49 AM AT
"Black said the shutdown cost the company more than $1 million.
"Close my place down … Minister Carr? I'd like to close your place
down," he said."
Noisy metal recycler belongs away from Saint John port, MLA says
AIM has disturbed residents with more than 40 explosions in the past 16 months
CBC News · Posted: Nov 20, 2018 5:58 PM AST
"Saint John residents would be better served if a scrap-metal recycling plant is moved from its home at the port to an industrial area on the outskirts of the city, according to a local MLA and former city councillor.
"It would be great if somehow we could pick it up and place it down in Lorneville," said Gerry Lowe, the Liberal MLA for Saint John Harbour."
Add city oversight to noisy metal recycler's provincial permit, councillor says
Scrap recycler on Saint John port land isn't accountable to municipality
CBC News · Posted: Nov 02, 2018 8:00 AM ADT
Saint John Coun. Donna Reardon says she believes American Iron and Metal's provincial approval to operate should allow some municipal oversight.
"In December, the City of Saint John sent AIM a bill for $219,000 for the costs of fighting the fire — a cost it didn't think its citizens should bear.
Saint John Coun. David Hickey, who is chair of the public safety committee, said at the time there was no question the city would get the money.
"We will collect it. It's a bill that AIM owes us."
Controversial Saint John metal recycling operation wins property tax cut
Service New Brunswick assessment and restrictive provincial property tax rules combine to force discount
Robert Jones · CBC News · Posted: Jan 25, 2024 6:00 AM AST
111 Comments
David Amos
Betcha Herby is Happy Happy Happy
AIM goes to court over scrapyard compliance orders in 3 N.B. cities
Court challenges to fire marshal orders filed in Moncton, Saint John, Fredericton
Shane Magee · CBC News · Posted: Jan 02, 2024 2:53 PM AST
60 Comments
David Amos
"Romain Viel, the lawyer representing AIM, said the company has no comment."
Why should they? After all they put their beefs in writing
How could politicians resist.
From: Newsroom <newsroom@globeandmail.com>
Date: Thu, 17 Oct 2019 13:58:33 +0000
Subject: Automatic reply: Hey Mr Butts I have no doubt Premier Higgs
and his mindless Minister Carr know why I want to have a long talk
with AIM president Herb Black ASAP EH?
To: David Amos <david.raymond.amos333@gmail.
Thank you for contacting The Globe and Mail.
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press releases.
American Iron & Metal CEO Selected as 2018 S&P Global CEO of the Year Award Finalist
Herbert Black, Chief Executive Officer of American Iron & Metal Company, has been named a finalist in the S&P Global Platt CEO of the Year Award, an annual program recognizing exemplary industry leadership and innovation. The 2018 finalists, chosen from nearly 100 nominees, have been announced by program host S&P Global Platts, the leading independent provider of information and benchmark prices for the commodities and energy markets.
With 58 years of experience in the field, Herbert Black has created a virtually integrated supply and production line which now incorporates a used auto pick-and-pull parts business, the demolition and remediation of obsolete industrial facilities, processing end-of-life material. The company also produces powders, pastes and solder consumed in the electronics industry. American Iron & Metal is a global industry leader.
For a CEO to become a finalist, he or she needs to have consistently demonstrated clarity of vision, judgment and motivational skills and be an effective communicator, articulating their ideals, vision and integrity; thus, transforming and empowering organizations. The finalist must be a leader who is highly respected by both peers and competitors, admired and followed by employees and welcomed by the community.
This award recognizes an individual who has taken decisive action when required, and who has best adapted to market shifts by balancing long-term growth with short-term challenges. Judging criteria included decisiveness, Integrity, Leadership, Peer recognition and Strategic vision. The awards program is now in its sixth year.
About AIM
Founded in 1936 in Montreal, American Iron & Metal is a family-owned company, recognized as a world leader in the metal recycling industry. Over the years, AIM has evolved into a multi-faceted organization with successful lines of business that include metal recycling (AIM Recycling), construction waste recycling (AIM Eco-Centre), manufacturing of solder assemblies (AIM Solder), demolition and decommissioning (Delsan-AIM) and retail auto parts (Kenny U Pull).
Where to find us
If you happen to be in Las Vegas next week, come check out our new kiosk. Visit us at Booth 2052 near the ISRI hospitality food service area #4 to meet our team of professionals and learn how we can help add to your bottom line.
If you have any questions, call us at 514 494-2000 or send an email to aim-marketing@aim-global.com . And don’t forget to follow us on our social media channels: Facebook, Twitter and LinkedIn .
See you at ISRI 2018!
About AIM
Founded in 1936 in Montreal, American Iron & Metal is a family-owned company, recognized as a world leader in the metal recycling industry. Over the years, AIM has evolved into a multi-faceted organization with successful lines of business that includemetal recycling (AIM Recycling), construction waste recycling (AIM Eco-Centre), manufacturing of solder assemblies (AIM Solder),demolition and decommissioning (Delsan-AIM) and retail auto parts (Kenny U Pull).
Hey Mr Butts I have no doubt Premier Higgs and his mindless Minister Carr know why I want to have a long talk with AIM president Herb Black ASAP EH?
David Amos<david.raymond.amos333@gmail.com> | Thu, Oct 17, 2019 at 10:58 AM |
| To: "Gerald.Butts" <Gerald.Butts@pmo-cpm.gc.ca>, "marc.garneau" <marc.garneau@parl.gc.ca>, premier <premier@gnb.ca>, "blaine.higgs" <blaine.higgs@gnb.ca>, Jeff.Carr@gnb.ca, "Kevin.Vickers" <Kevin.Vickers@gnb.ca>, don.darling@saintjohn.ca, "hon.ralph.goodale" <hon.ralph.goodale@canada.ca>, "Katie.Telford" <Katie.Telford@pmo-cpm.gc.ca> | |
| Cc: motomaniac333 <motomaniac333@gmail.com>, Connell.smith@cbc.ca, Newsroom <Newsroom@globeandmail.com>, news-tips <news-tips@nytimes.com>, Nathalie Sturgeon <sturgeon.nathalie@brunswicknews.com> | |
| Bcc: jbackman@aim-global.com | |
https://www.cbc.ca/news/ AIM president blasts Saint John city leaders, province at public meeting The company has been a catalyst for complaints about noise, dust, pollution and series of explosions Connell Smith · CBC News · Posted: Oct 17, 2019 9:49 AM AT "Black said the shutdown cost the company more than $1 million. "Close my place down … Minister Carr? I'd like to close your place down," he said." | |
---------- Forwarded message ----------
From: David Amos <david.raymond.amos333@gmail.
Date: Wed, 9 Oct 2019 10:36:18 -0300
Subject: I just contacted the Governor General and Canada's latest
Lieutenant Governor through their offices in Ottawa and Fredericton
.byway of phone and obviously email as well N'esy Pas Mr Butts?
To: info@gg.ca, ltgov@gnb.ca, "blaine.higgs" <blaine.higgs@gnb.ca>,
"kris.austin" <kris.austin@gnb.ca>, "David.Coon" <David.Coon@gnb.ca>,
"Kevin.Vickers" <Kevin.Vickers@gnb.ca>, "brian.gallant"
<brian.gallant@gnb.ca>, "ian.hanamansing" <ian.hanamansing@cbc.ca>,
"Katie.Telford" <Katie.Telford@pmo-cpm.gc.ca>, "darrow.macintyre"
<darrow.macintyre@cbc.ca>, "carl.urquhart" <carl.urquhart@gnb.ca>,
"Catherine.Tait" <Catherine.Tait@cbc.ca>, "sylvie.gadoury"
<sylvie.gadoury@radio-canada.
<Alex.Johnston@cbc.ca>, "Arseneau, Kevin (LEG)"
<kevin.a.arseneau@gnb.ca>, "Mitton, Megan (LEG)"
<megan.mitton@gnb.ca>, "michelle.conroy" <michelle.conroy@gnb.ca>,
"rick.desaulniers" <rick.desaulniers@gnb.ca>, "robert.gauvin"
<robert.gauvin@gnb.ca>, robmoorefundy <robmoorefundy@gmail.com>,
alaina <alaina@alainalockhart.ca>, "robert.mckee"
<robert.mckee@gnb.ca>, "andrea.anderson-mason"
<andrea.anderson-mason@gnb.ca>
andre <andre@jafaust.com>, jbosnitch <jbosnitch@gmail.com>,
"Roger.Brown" <Roger.Brown@fredericton.ca>, "dan. bussieres"
<dan.bussieres@gnb.ca>, "Gilles.Blinn" <Gilles.Blinn@rcmp-grc.gc.ca>,
"Gilles.Cote" <Gilles.Cote@gnb.ca>, "hon.ralph.goodale"
<hon.ralph.goodale@canada.ca>, mcu <mcu@justice.gc.ca>,
"Nathalie.Drouin" <Nathalie.Drouin@justice.gc.ca
kathleen.roussel@ppsc-sppc.gc.
Cc: "Gerald.Butts" <Gerald.Butts@pmo-cpm.gc.ca>,
Tim.RICHARDSON@gnb.ca, motomaniac333 <motomaniac333@gmail.com>,
Newsroom <Newsroom@globeandmail.com>, "Jacques.Poitras"
<Jacques.Poitras@cbc.ca>, "David.Lametti" <David.Lametti@parl.gc.ca>,
"Ian.Shugart" <Ian.Shugart@pco-bcp.gc.ca>
Office of the Secretary to the Governor General
Rideau Hall
1 Sussex Drive
Ottawa ON K1A 0A1
613-993-8200
1-800-465-6890 (toll-free in Canada and the U.S.)
TTY: 1-800-465-7735
info@gg.ca
I spoke to a lady named "Hannah"
Lieutenant Governor .
Phone: (506) 453-2505
Fax: (506) 444-5280
E-mail: ltgov@gnb.ca
Or by regular mail (see below)
I got the recording so I left another voicemail
This is the lawsuit I was referring to
https://davidraymondamos3.
Friday, 18 September 2015
David Raymond Amos Versus The Crown T-1557-15
Court File No. T-1557-15
FEDERAL COURT
BETWEEN:
DAVID RAYMOND AMOS
Plaintiff
and
HER MAJESTY THE QUEEN
Defendant
STATEMENT OF CLAIM
The Parties
1. HER MAJESTY THE QUEEN (Crown) is Elizabeth II, the Queen of
England, the Protector of the Faith of the Church of England, the
longest reigning monarch of the United Kingdom and one of the
wealthiest persons in the world. Canada pays homage to the Queen
because she remained the Head of State and the Chief Executive Officer
of Canada after the Canada Act 1982 (U.K.) 1982, c. 11 came into force
on April 17, 1982. The standing of the Queen in Canada was explained
within the 2002 Annual Report FORM 18-K filed by Canada with the
United States Securities and Exchange Commission (SEC). It states as
follows:
“The executive power of the federal Government is vested in the
Queen, represented by the Governor General, whose powers are exercised
on the advice of the federal Cabinet, which is responsible to the
House of Commons. The legislative branch at the federal level,
Parliament, consists of the Crown, the Senate and the House of
Commons.”
“The executive power in each province is vested in the Lieutenant
Governor, appointed by the Governor General on the advice of the
federal Cabinet. The Lieutenant Governor’s powers are exercised on the
advice of the provincial cabinet, which is responsible to the
legislative assembly. Each provincial legislature is composed of a
Lieutenant Governor and a legislative assembly made up of members
elected for a period of five years.”
2. Her Majesty the Queen is the named defendant pursuant to
sections 23(1) and 36 of the Crown Liability and Proceedings Act. Some
of the state actors whose duties and actions are at issue in this
action are the Prime Minister, Premiers, Governor General, Lieutenant
Governors, members of the Canadian Forces (CF), and Royal Canadian
Mounted Police (RCMP), federal and provincial Ministers of Public
Safety, Ministers of Justice, Ministers of Finance, Speakers, Clerks,
Sergeants-at-Arms and any other person acting as Aide-de-Camp
providing security within and around the House of Commons, the
legislative assemblies or acting as security for other federal,
provincial and municipal properties.
3. Her Majesty the Queen’s servants the RCMP whose mandate is to
serve and protect Canadian citizens and assist in the security of
parliamentary properties and the protection of public officials should
not deny a correspondence from a former Deputy Prime Minister who was
appointed to be Canada’s first Minister of Public Safety in order to
oversee the RCMP and their cohorts. The letter that helped to raise
the ire of a fellow Canadian citizen who had never voted in his life
to run for public office four times thus far is quoted as follows:
“Mr. David R. Amos
Jan 3rd, 2004
153Alvin Avenue
Milton, MA U.S.A. 02186
Dear Mr. Amos
Thank you for your letter of November 19th, 2003, addressed to
my predecessor, the Honourble Wayne Easter, regarding
your safety.
I apologize for the delay in responding.
If you have any concerns about your personal safety, I can only
suggest that you contact the police of local
jurisdiction. In addition, any
evidence of criminal activity should be brought to
their attention since the
police are in the best position to evaluate the
information and take action
as deemed appropriate.
I trust that this information is satisfactory.
Yours sincerely
A. Anne McLellan”
4. DAVID RAYMOND AMOS (Plaintiff), a Canadian Citizen and the
first Chief of the Amos Clan, was born in Sackville, New Brunswick
(NB) on July 17th, 1952.
5. The Plaintiff claims standing in this action as a citizen
whose human rights and democratic interests are to be protected by due
performance of the obligations of Canada’s public officials who are
either elected or appointed and all servants of the Crown whose
mandate is to secure the public safety, protect public interests and
to uphold and enforce the rule of law. The Crown affirms his right to
seek relief for offences to his rights under section 24(1) of the
Canadian Charter of Rights and Freedoms (Charter). Paragraphs 6 to 13
explain the delay in bringing this action before Federal Court and
paragraphs 25 to 88 explain this matter.
6. The Plaintiff states that pursuant to the democratic rights
found in Section 3 of the Charter he was a candidate in the elections
of the membership of the 38th and 39th Parliaments in the House of
Commons and a candidate in the elections of the memberships of the
legislative assemblies in Nova Scotia (NS) and NB in 2006.
7. The Plaintiff states that if he is successful in finding a
Chartered Accountant to audit his records as per the rules of
Elections Canada, he will attempt to become a candidate in the
election of the membership of the 42nd Parliament.
8. The Plaintiff states that beginning in January of 2002, he
made many members of the RCMP and many members of the corporate media
including employees of a Crown Corporation, the Canadian Broadcasting
Corporation (CBC) well aware of the reason why he planned to return to
Canada and become a candidate in the next federal election. In May of
2004, all members seated in the 37th Parliament before the writ was
dropped for the election of the 38th Parliament and several members of
the legislative assemblies of NB and Newfoundland and Labrador (NL)
knew the reason is the ongoing rampant public corruption. Evidence of
the Plaintiff’s concerns can be found within his documents that the
Office of the Governor General acknowledged were in its possession ten
years ago before the Speech from the Throne in 2004. The Governor
General’s letter is as follows:
“September 11th, 2004
Dear Mr. Amos,
On behalf of Her Excellency the Right Honourable Adrienne
Clarkson,
I acknowledge receipt of two sets of documents and CD
regarding corruption,
one received from you directly, and the other forwarded to
us by the Office of
the Lieutenant Governor of New Brunswick.
I regret to inform you that the Governor
General cannot intervene in
matters that are the responsibility of elected officials
and courts of Justice of
Canada. You already contacted the various provincial
authorities regarding
your concerns, and these were the appropriate steps to take.
Yours sincerely.
Renee
Blanchet
Office
of the Secretary
to the
Governor General”
9. The Plaintiff states that the documents contain proof that the
Crown by way of the RCMP and the Minister of Public Safety/Deputy
Prime Minister knew that he was the whistleblower offering his
assistance to Maher Arar and his lawyers in the USA. The Governor
General acknowledged his concerns about the subject of this complaint
and affirmed that the proper provincial authorities were contacted but
ignored the Plaintiff’s faxes and email to the RCMP and the Solicitor
General in November of 2003 and his tracked US Mail to the Solicitor
General and the Commissioner of the RCMP by way of the Department of
Foreign Affairs and International Trade (DFAIT) in December of 2003
and the response he received from the Minister of Public Safety/Deputy
Prime Minister in early 2004. One document was irrefutable proof that
there was no need whatsoever to create a Commission of Inquiry into
Maher Arar concerns at about the same point in time. That document is
a letter from the US Department of Homeland Security (DHS) Office
Inspector General (OIG complaint no. C04-01448) admitting contact with
his office on November 21, 2003 within days of the Plaintiff talking
to the office of Canada’s Solicitor General while he met with the US
Attorney General and one day after the former Attorney General of New
York (NY) and the former General Counsel of the SEC testified at a
public hearing before the US Senate Banking Committee about
investigations of the mutual fund industry.
Here is a comment I made in CBC before I called their offices
https://www.cbc.ca/news/
6 Comments
David Raymond Amos
Methinks whereas Murphy spoke about her passion for social justice,
the lady and I should have a long talk very soon about the lawsuit I
filed in Federal Court in 2015 while I was running in the last federal
election N'esy Pas?
Brenda Murphy installed as New Brunswick's 32nd lieutenant-governor
Formal ceremony held in Fredericton on Tuesday follows swearing-in last month
CBC News · Posted: Oct 08, 2019 5:40 PM AT | Last Updated: October 8
Lt.-Gov. Brenda Murphy's installation ceremony included an honour
guard. (Ed Hunter/CBC)
Brenda Murphy was installed as New Brunswick's 32nd
lieutenant-governor during a formal ceremony Tuesday at the
legislative assembly in Fredericton.
In her first speech as lieutenant-governor, Murphy spoke about her
passion for social justice.
"Effective change can happen when we work together to build an
inclusive, equitable society, address systemic barriers and support
one another," she said.
"Having experienced New Brunswick through several different lenses, I
am looking forward to bringing that diverse perspective to this role
and to continuing to serve the people of our province."
Murphy, 60, of Grand Bay-Westfield, succeeds Jocelyne Roy Vienneau,
63, who died Aug. 2 following a battle with cancer.
Murphy was sworn in during an informal ceremony on Sept. 8 to allow
for the immediate commencement of her duties.
Brenda Murphy 'humbled' to be appointed New Brunswick's new
lieutenant-governor
Premier Blaine Higgs, who hosted Tuesday's official ceremony, thanked
Murphy for her leadership in social justice and making "a profound
difference in the lives of many New Brunswickers."
"I know she will continue to inspire others and contribute to the
betterment of our province as lieutenant-governor, and I look forward
to working with her."
Murphy spent more than two decades as the head of the Saint John
Women's Empowerment Network before retiring in April and has served on
advisory councils on poverty and the status of women at the federal
and provincial levels.
She served three terms as a town councillor in Grand Bay-Westfield and
has volunteered with a variety of organizations over the years,
supporting housing, justice and equality for women.
Lieutenant-governors are appointed by Julie Payette, the Governor
General of Canada, on the recommendation of the prime minister. They
serve terms of at least five years.
CBC's Journalistic Standards and Practices
Saint John scrap-metal plant ordered to shut down immediately
Order came Thursday from the Department of Environment and Local Government
The provincial government has ordered a scrap metal recycler to shut down all of its Saint John operations immediately, after dozens of loud explosions on the west side.
The American Iron and Metal scrap yard, located on Port Saint John property, has been the site of more than 40 explosions in the past 16 months, including several this week.
The company has said about 50 people work at the site.
"The order requiring the immediate shutdown of all operations at the facility was delivered today,'' said Environment and Local Government Minister Jeff Carr.
"We have been deeply concerned about the ongoing environmental issues at the site."
The
latest explosions at the AIM scrap yard on the west side occurred at
about 8 a.m. Monday. The plant did not cease operations after the blast,
as the port stipulated it must in a Sept. 20 letter. (Julia Wright/CBC)
Must eliminate explosions
In addition to stopping work immediately, the order requires the company to submit a plan to eliminate explosions and the impact of excessive noise and vibration within 60 working days.
"It is important that companies work with us, while respecting their neighbours and the environment," Carr said.
The order — which will remain in effect until further notice — comes after weeks of escalating tension between the company and port and city officials.
In a statement Monday, Port Saint John described the actions and response of AIM with respect to explosions as "unacceptable" and said it is investigating the cause of the blasts.
The Saint John recycling operation is located on leased port property (Julia Wright, CBC)
Port Saint John stipulated in a Sept. 20 letter to AIM that when an explosion happens, operations must "cease immediately" and the company must immediately notify the port authority, Department of Environment, emergency and fire officials, the public and adjacent port stakeholders.
The port then determines whether the operations can resume.
AIM continued to operate on Monday after an explosion.
"My understanding was that they were asked [to shut down] and my understanding is that they refused," said Saint John Mayor Don Darling.
On Thursday night, a group of citizens voiced their concerns about the yard and the explosions during a well-attended meeting at the Harbourfront Residences in uptown Saint John.
60 days to address issues
Because the AIM operation is on Port Saint John land, it falls within the jurisdiction of the port and the province, Darling said.
The order from the province, he said, may be a step in the right direction.
"[We have] 60 days here to address some of these issues," Darling said.
"We will continue to bring forward on behalf of citizens their concerns, and the city's concerns. … If what it means is in the short term, we're going to stop some explosions and give people a bit of a reprieve while we have some important dialogue, I think it's a good thing today."
AIM signed a 40-year-lease for its Saint John scrap yard with the Port of Saint John in 2002.
The yard underwent a $30 million expansion in 2011, increasing its capacity to 250,000 metric tonnes of scrap annually.
If what it means is in the short term, we're going to stop some explosions and give people a bit of a reprieve while we have some important dialogue, I think it's a good thing today.
- Don Darling, Saint John mayor
AIM president and CEO Herb Black is scheduled to meet with city and port officials in Saint John on Friday at 2:30 p.m.
"The plan was to present the city's and the citizens' concerns, and a range of themes, if you will, and that's still the plan." Darling said.
The company, founded in 1936 in Montreal, has 2,500 employees at 80 locations around the world and revenues exceeding $2 billion.
ABOUT THE AUTHOR
Meet the 'Scrap King': controversial scrap yard CEO visits Saint John
City, port seeking resolution after dozens of explosions
Black, who some have called the "Scrap King of Montreal," met with Saint John Mayor Don Darling and Port Saint John officials to discuss a way forward after the Department of Environment issued a stop-work order to the company.
I think people don't understand the difference between an explosion and a vibration.
- Herbert Black, American Iron and Metal CEO
The order gave AIM 60 days to submit a plan to eliminate explosions and the impact of excessive noise.
Black said misinformation has been circulating about the operation.
"When you read some of the things that have been printed in the newspaper — I am not a second Donald Trump and I'm not going to say it's fake news, but I'm going to say it's incorrect news … people are giving you false information and you are taking it at their word and you are printing it."
American
Iron and Metal is capable of processing thousands of tonnes of scrap
daily. Junked cars make up the majority of the material, and they can
contain hazardous materials that have caused explosions. (Julia Wright / CBC)
"I think people don't understand the difference between an explosion and a vibration."
He initially disputed that Saint Johners have heard explosions and suggested they were exaggerating the impact.
"There might be some people that really have a problem, and I would be more than happy to meet with them and to discuss it with them and find a solution."
Unique explosion problem
The
American Iron and Metal building opened on port property on the west
side in 2008 and processes as many as 250,000 tonnes of scrap annually
following an expansion of the shredder in 2011. (Julia Wright / CBC)After a heated conversation between Black and city officials over whether the news media would be allowed to attend, the meeting was held in private.
Afterward, Darling said the parties will try to work together.
Black said American Iron and Metal is a "victim" of the explosions, "not the creator of them."
AIM
signed a 40-year-lease for its Saint John scrapyard with the Port of
Saint John in 2002. It's the first major lease the Port had landed since
the 1980s. (Julia Wright / CBC)
The Saint John yard shreds and recycles old vehicles and other metal scraps into marketable metals.AIM's main suppliers are auto parts recycling centres from New Brunswick and some from P.E.I., Nova Scotia, and Maine.
Black said hazardous materials are sometimes "camouflaged" in the thousands of cars that can be processed daily.
"We're working to find out exactly who is shipping what, and we've tried hard but there are a lot of pieces of the puzzle," he said.
Black said Saint John's issue with explosions appears to be unique among his operations. Of AIM's 10 shredders, "I don't have the problem I have here with any of them," he said.
"I do have explosions from time to time. I have never had a shredder operate for a year without an explosion or two or three. It just doesn't happen."
'Nothing is perfect in life'
AIM upgraded its Saint John shredder in 2011 at a cost of $30 million — increasing its output by roughly 500 per cent.
"I feel very confident that there won't be any problems in terms of dust or noise or other situations," Black told CBC Information Morning Saint John at the time.
Saint John Mayor Don Darling and Black 'are committed to working
together in an open fashion,' Darling said. (Graham Thompson / CBC)
"And if there are, even if it's within the law and it makes people uncomfortable, I'll be the first one to correct it."
AIM's approval to operate certificate says it is the company's responsibility to inspect the material that gets shredded.
With 1,000 tonnes coming through the yard daily, Black said, things can fall through the cracks
There's such a thing as human error. They go for a coffee break, or they have to go to the bathroom, or something happens in between. Nothing is perfect in life.- Herbert Black
"There's such a thing as human error. They go for a coffee break, or they have to go to the bathroom, or something happens in between. Nothing is perfect in life."
Darling said that during the meeting, the port, city and AIM reached an agreement to "get going right away to get us to a better place."
"I'm a believer that we can have a coexistence between industry … and citizens quality of life."
$5 million lawsuit in Quebec
This isn't the first time Black has dealt with complaints about his operations.
When Black started a metal recycling plant at the former dump in Levis, Que., in 2005, the $25 million project was met with opposition by local environmental groups.
They alleged the company lacked the proper permits and was polluting the nearby Etchemin River. The opponents managed to halt work on the plant by getting an injunction.
Black
sued a group of Quebec environmentalists who objected to the
installation of a metal shredder in a dump in Levis, Que., in 2005. (Graham Thompson / CBC)
Black then filed a $5 million lawsuit for what he called "malicious, reckless and abusive efforts" to stop the project.
The defendants alleged this response was a SLAPP suit — or strategic lawsuit against public participation — a tactic sometimes used by companies with deep financial reserves. Black denied the allegation.
SLAPP actions are designed to intimidate and silence opponents by dragging them through lengthy and expensive court proceedings until they abandon their cause.
The matter was settled out of court in 2007.
American Iron and Metal has no plans to relocate its Saint John facility, Black said. (Julia Wright / CBC)
'No flame and no fire'
On Friday, Black said all shredding activity has stopped for now at the west side operation — and AIM is working on a "program" to penalize suppliers who ship explosive material.
"If people don't ship the proper material and it would explode, that we could go back on them, we could find them, we could penalize them, we could shut them down, or we could do something," he said.
He also reiterated that the blasts have "no flame and no fire to it."
ABOUT THE AUTHOR
As I review this article I recall my conversations with both dudes and concluded that they deserved each other
Noisy metal recycler belongs away from Saint John port, MLA says
AIM has disturbed residents with more than 40 explosions in the past 16 months
Saint John residents would be better served if a scrap-metal recycling plant is moved from its home at the port to an industrial area on the outskirts of the city, according to a local MLA and former city councillor.
"It would be great if somehow we could pick it up and place it down in Lorneville," said Gerry Lowe, the Liberal MLA for Saint John Harbour.
If only it were that simple, he said.
More than 40 explosions have been been reported in the past 16 months at American Iron and Metal Inc. The blasts have rattled houses on both sides of the harbour and disturbed residents from his old ward whom he now represents in the provincial legislature.
Lowe, who lives near the port in uptown Saint John, said he's heard and felt the blasts, including the most recent one on Monday morning.
"It rattled the window," he told Information Morning Saint John. "They're loud. There's no two ways about it."
The AIM site manager, Kevin Hughes, has said it wasn't an explosion but a "blast of pressure."
Lowe said he would hate to see the operation leave the city because of the taxes it generates through the port, which is the leaseholder of the land, and the 40 to 50 workers AIM employs.
"But I think it's in the wrong place," he said.
The west side port borders the densely populated lower-west side neighbourhoods.
Moving the operation to, say, the industrial area in Lorneville, about 15 kilometres west of the port, would require co-operation from the company and the province, he said.
Saint John Harbour MLA Gerry Lowe says he witnessed an explosion from his home on Robertson's Wharf. (Connell Smith)
The city has no authority over the operations because they're on port land. AIM need only satisfy the terms of its port lease and its provincial "approval to operate."
Lowe said he read the approval document and believes AIM isn't fulfilling its end of the conditional agreement, particularly in terms of limiting noise.
Saint John Mayor Don Darling said Monday that the minister of environment is authorized to cancel the approval to operate and issue a new approval with terms and conditions, as deemed necessary, if the environmental impacts of the operation are unacceptable.
AIM's two-year permit expires June 1, 2019.
- With files from Information Morning Saint John, Julia Wright and Connell Smith
Seriously Mr. Lowe? Not surprise by your small minded solutions, however, who says the residence of Lorneville want to listen to the noise either? The issue appears to be that AIM doesnt have procedures in place to inspect items before crushing.
Add city oversight to noisy metal recycler's provincial permit, councillor says
Scrap recycler on Saint John port land isn't accountable to municipality
West Saint side resident Barry Constantine marvels at how much life has changed since American Iron and Metal set up operations on nearby Port Saint John property.
On many days, his windows are closed when they would normally be open.
Noise and a pervasive dust put an end to that long ago.
I do think the city needs to be a huge part of the dialogue because we've got all the risks.
- Donna Reardon, Saint John councillor
"They could have figured this out a long time ago and they just didn't," Constantine says.
"They didn't sit down and think that you're right in the middle of the city and making that much noise."
He doesn't want to see the jobs leave the city but says there are far more suitable locations for the metal recycling operation.
Not in city's jurisdiction
"Once you get used to something, you don't even know it's there. Trains go by your house and they're loud. After a while it ain't so loud anymore. But this is a little on the ridiculous side. It is a little crazy."
But AIM, which sits on leased Port Saint John land, is outside the jurisdiction of city authorities. With companies on any other land, the city would have more authority.
AIM need only satisfy the terms of its port lease and its provincial "approval to operate."
Saint
John Coun. Donna Reardon says she believes American Iron and Metal's
provincial approval to operate should allow some municipal oversight. (CBC)
But that 15-page approval document makes few references to the municipality beyond a requirement for a joint emergency response plan.
Ward 3 Coun. Donna Reardon would like to see that change. She says AIM's next approval to operate should contain conditions requiring co-operation with the municipality.
"I do think the city needs to be a huge part of the dialogue because we've got all the risks," Reardon said.
"I think whenever the province is doing anything they should always be linking with the city because the city's their partner."
The New Brunswick Department of Environment and Local Government is responsible for issuing approvals to operate to AIM and other companies.
Similar experience in Calgary
AIM's two-year permit expires June 1, 2019. It's not clear whether it would be legal to add any conditions to the provincial permit.
A communications person with the Environment Department did not respond to a request for comment.
Over the past year, the City of Calgary managed to calm a contentious relationship with its sprawling scrap metal recycler.
Calgary Coun. Gian-Carlo Carra says there had been a long history of complaints from neighbours of Navajo Metals.
Coun.
Gian-Carlo Carra of Calgary says that by documenting problems at a
local recylcer, the city was able to bring about changes in how the
company operated. (Twitter)
But there was little progress until the city began to document explosions and noise complaints.
"What they were saying was happening and what was actually happening didn't quite jive," said Carra. "Everything in this regard really comes down to the strength of evidence, and we were able to collect enough evidence to really lean on them."
Carra says sound meters and cameras were put in place near Navajo's operation.
"We were able to amass enough evidence and there was enough constant pressure from the surrounding businesses and residents that we were able to document some things. And that really gave us the leverage."
Licence at risk
In Alberta business licences are issued by the municipality.
Carra says with that licence on the line, the company made changes to its operating procedures leading to a decline in complaints.
No such solution is currently available to the City of Saint John.
Navajo Metals referred CBC on Tuesday to the company's head office, Evraz Navajo North America in Chicago, which did not respond to a request for comment.
Residents shaken
Explosions at metal-recycling plants are often caused by propane or other pressurized gas containers that make their way into the metal-shredding chamber.
A handful of larger blasts in Saint John have startled residents around the city waterfront and led to complaints of rattling windows and china.
Over the past 17 months, there have been 39 explosions — small and large — at American Iron and Metals' Saint John operation. Three were in October, and two happened the same day, Oct. 11.
In a statement to CBC News that day, AIM's site manager, Kevin Hughes, said the on-site metal shredder is designed to withstand "bursts of pressure" and they are not a threat to the public.
AIM did not respond to a request for comment Thursday.
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