Higgs doubts AIM will win legal fight to resume waterfront scrapyard
Premier says September fire demonstrated 'it's not a safe location' and province will prove that in court
Premier Blaine Higgs says he doesn't believe American Iron & Metal will ever be allowed to operate its scrapyard on the Saint John waterfront again.
He made the comments to reporters in Saint John on Monday, in response to questions about AIM's legal efforts to get the suspension of its approval to operate lifted.
Environment Minister Gary Crossman suspended AIM's approval following a massive fire at the site in September because he was "of the opinion that there was an unauthorized release of contaminants in contravention of Section 17" of the Clean Air Act.
AIM is asking a Court of King's Bench judge to quash the suspension.
Higgs said he's not surprised by AIM's "push back," but he doubts the company will succeed.
"I don't see it operating here in the in the port again," He said. "I just I think that there's enough history here of what we learned, and certainly with that major fire, it's just not an acceptable location for it."
The Sept. 14 fire burned for two days and prompted a city-wide shelter-in-place order because of hazardous smoke.
"The facts are pretty clear, pretty understandable that it's not a safe location, it's not a safe operation and we will prove that in court," Higgs said.
AIM's lawyer Romain Viel declined to comment, because the matter is before the court.
But in documents filed with the Court of King's Bench in Saint John last month, AIM alleges the environment minister acted "arbitrarily and unreasonably," exceeded his jurisdiction and breached his duty of procedural fairness.
The company argues that it should have been given an opportunity to make submissions before the suspension, and that an order with a "narrower scope" would have been sufficient.
None of the allegations have been proven in court.
Even if AIM succeeds in getting the Department of Environment suspension lifted, its salvage dealers licence for the port site on the city's west side remains revoked, Department of Justice and Public Safety spokesperson Allan Dearing has confirmed, and operations remain suspended.
Public Safety Minister Kris Austin revoked AIM's approval under the province's Salvage Dealers Licensing Act on Dec. 29.
Community group to speak about 'risks'
On Wednesday at 4 p.m., Saint John community group Liveable Saint John is scheduled to make a presentation to the City of Saint John's public safety committee on "the risks faced by the community if AIM resumes operations" at the west side scrapyard.
Earlier this month, the group hosted a public meeting to discuss the possible reopening of AIM and to gather input from residents, businesses, and community stakeholders about what the impact would be.
Another meeting is planned for April 11 at 6 p.m. at the Saint John Free Public Library in Market Square, along with a series of online engagement sessions, a survey, and a petition.
The group hopes to produce a set of recommendations, based on public feedback, on how AIM can be better regulated by the Department of the Environment, in the interest of public health and safety, according to a news release.
"AIM's lawyer Romain Viel declined to comment, because the matter is before the court."
I would suggest that AIM has the legal grounds to stay and frankly I would prefer the salvage be shipped out instead of left all across NB like it is.
Those that think it should be some other place, please take the time to research locations and they require rail and Shipping ability to move it like almost every (real) port around the world.
We need this kind of facility (better run) to clean up our waste and we should be working together to fix this and stop wasting money on courts. IMO
Group asks Saint John to prepare for possibility AIM will resume operations
Liveable Saint John gave a presentation to city's public safety committee
A community group in Saint John is calling on the city to prepare for the possibility American Iron & Metal will resume operations at its waterfront scrapyard, pending the outcome of legal action by the company.
Liveable Saint John wants the city to take a leadership role in gathering data on AIM's health and environmental impacts on the community, including testing soil for contaminants after the massive fire that erupted Sept. 14.
It also wants the city to push for more stringent regulations, revisit Saint John Energy's agreement to provide power to AIM and any possible liability involved, and develop a relocation and remediation plan.
"We feel that the city is in a unique position because they are not a regulator," or a landlord, member Raven Blue told the city's public safety committee during a presentation Wednesday night.
Meanwhile, the province, which is the regulator, is in the middle of a court case, with AIM seeking to have a judge quash the environment minister's suspension of its approval to operate following the fire, he said, and Port Saint John is the landlord.
I think any return to business as usual, or business close to as usual on the AIM site, is a failure of government at every level.
- David Hickey, Saint John city councillor
"Some of these are big asks, some of them are small asks," Blue said. "But we think these are things that can really help to move this file along to the public."
Coun. David Hickey, who chairs the committee, said he's been pleased with the city's advocacy on the file to date, citing four letters and numerous meetings with provincial officials about closing AIM since 2018.
"I think any return to business as usual, or business close to as usual on the AIM site, is a failure of government at every level," he said.
AIM deadline to seek judicial review extended
Liveable Saint John believes there are three possible outcomes: AIM could close its Gateway Street facility, it could relocate, or it could resume operations "in some way," said Blue.
But it's difficult to say what will happen because "there's complex jurisdictional things going on; the wheels are turning legally."
He noted that in addition to AIM's suspended approval to operate, Public Safety Minister Kris Austin revoked AIM's salvage dealer licence in December, based on the joint provincial-port task force investigation of the fire.
The company has up to 90 days to request a judicial review of that decision.
The deadline is March 31, according to Public Safety spokesperson Allan Dearing, "but due to the holiday weekend they have until April 2 to file," he said, declining further comment.
Even if AIM succeeds in getting the Department of Environment suspension lifted, its salvage dealer licence for the port site remains revoked and operations remain suspended, Dearing previously told CBC News.
"A site cannot receive, sell, process or store salvage without a salvage dealer licence obtained from the Department of Justice and Public Safety," he said.
Still, Liveable Saint John is urging the city to consider all of the possible outcomes and what it can do to "bring us to the best possible outcome," said Blue.
Impacts on properties, health
The group wants to be proactive, fellow member Bryan Wilson told CBC.
It has been gathering the views of residents through public meetings and an online survey, and shared its findings with the committee Wednesday.
"People talked about not having the ability to simply just enjoy their yard," or open their windows, because of the dust or noise, said Wilson.
One woman said she moved because of the noise, while some people said they were afraid to speak out for fear it would hurt their ability to sell their homes or affect their property values, he said.
Raven
Blue, in centre wearing black, was among the Liveable Saint John
members who spoke to Saint John's public safety committee Wednesday
night. (YouTube/City of Saint John)
Of the roughly 50 respondents, nearly half said AIM's operations have affected their physical health and nearly half said their mental health has been impacted, Blue told the committee.
Complaints ranged from respiratory illness to lost sleep, anxiety and depression, he said.
"And a lot of people feel that there's been reputational damage to the city."
Coun. Barry Ogden said his home overlooks the harbour and AIM. "I see it every day and can smell anything coming from it and can hear everything coming from it," he said.
"So I would encourage you to keep up your advocacy."
The committee unanimously approved a motion to have city staff report back on the group's recommendations.
Fredericton lawyer Romain Viel, who is representing AIM, could not immediately be reached for comment Thursday.
Too many possible sources to determine cause of AIM fire, engineers hired by company conclude
Report by T. Smith Engineering, filed as part of court action against province, includes witness statements
The engineering firm hired by American Iron & Metal to investigate the massive fire that erupted at its Saint John scrapyard in September was unable to determine the cause because there were multiple potential ignition sources and multiple possible fuels, according to documents filed in court.
The December report by T. Smith Engineering Inc. is among hundreds of pages of documents filed with the Court of King's Bench as part of AIM's bid to get a suspension of its approval to operate lifted.
AIM hired the firm to conduct an independent fire origin and cause investigation a week after the Sept. 14 fire burned for two days and prompted a city-wide shelter-in-place order because of hazardous smoke.
Two representatives from Ontario visited the waterfront site on the city's west side Sept. 25 and conducted a "forensic fire scene reconstruction," taking photographs and speaking to witnesses.
Employee smelled smoke
Travis Spellman, the nighttime shredder maintenance supervisor, told them he was working in the shredder building when he started to smell smoke around 1 a.m.
From the balcony, he said he saw smoke coming from the top of a pile of material that contains iron, located by the shredder, close to the railway.
Spellman quickly drove to the pile and noticed flames coming from the top of the middle section.
"The flame was small on top of the pile and at around 25 feet to 30 feet height from the ground," according to the report.
For the first one to two hours, the fire developed gently, then became out of control.
- Summary of statement by Travis Spellman, AIM employee
The scrap materials in the section were mostly crushed cars, said Spellman.
Spellman called 911 around 1:35 a.m., and notified another crew member to take AIM's water truck and start to put out the fire. Then he notified the site manager and met the fire department at the front gate.
He said he heard some "popping noise," but did not hear or notice any explosions during the fire.
"For the first one to two hours, the fire developed gently, then became out of control."
Took manager 45 minutes to locate fire chief
The operations manager, Clifford Wallace, told the T. Smith Engineering Inc. officials he got a call from port security around 1:30 a.m.
When he arrived around 2 a.m., he saw a flame about five feet high and "car-sized" in the mid- to upper level of the scrap metal pile, which was reported to be about 300 feet (91 metres) long and 60 feet (18 metres) high.
Wallace said he tried to instruct the Saint John firefighters already on scene to use other hydrants located on-site but it took him 45 minutes to find the fire chief.
The
pile where the fire originated was reported to be about 300 feet (91
metres) long and 60 feet (18 metres) high, according to report by T.
Smith Engineering Inc. (T. Smith Engineering Inc., Court of King's Bench)
He offered to help the fire department move some materials from the pile, he said, "but was declined."
Around 4 a.m., AIM employees were allowed to help move some materials, but they stopped after several attempts because the fire was still developing, said Wallace.
"They left it to the fire department to get the fire under control."
Check cars for batteries, fluids to 'best of their ability'
Within the area of the pile where the fire was first seen, there were "many cars, garbage that was in the cars, appliances, steel pipes and all kinds of materials with ferrous metal," according to Wallace.
AIM requires all batteries to be removed and fluid drained before scrap cars are delivered to their site, he said.
"They checked the cars to the best of their ability before dumping them into the pile."
AIM found car batteries left inside cars "several times," Wallace said.
In some instances, they had discovered smoke coming from car batteries, but Wallace said this was during the inspection phase after delivery to the yard and not after the material was placed in the piles.
A previous fire was caused by hot metal from the shredder dropping down onto combustible materials within the pile, according to Wallace, but the shredder was down for at least four weeks before the September fire, he said.
He also reported that the company's surveillance system had been hacked not long before the fire, so the cameras were not recording.
Metal completely melted, resolidified as block
Based on the witness statements, the report authors wrote that the only logical inference is that the origin of the fire was the pile of ferrous material in the section close to the railway.
When the T. Smith Engineering Inc. officials visited the site, most of the material from the pile had been moved and divided into smaller piles as part of the fire-fighting efforts.
The fire effects and patterns, and dynamics were also consistent with the fire originating from the pile of ferrous material in the section close to the railway, they said.
Some of the materials sustained minor damage on the surface, while others were "completely melted and had resolidified to thick metal block."
Some materials were completely melted by the fire and resolidified into metal blocks, according to the report. (T. Smith Engineering Inc., Court of King's Bench)
They examined the remains of multiple cars within the smaller piles, but found no car batteries and only a small amount of fluid leaking.
'Multiple potential ignition sources'
However, "multiple potential ignition sources" were found or potentially existed in the area of origin, the consultants said.
Among them, the remnants of several capacitors — used to store and release energy in vehicles — and the remnants of battery cells.
The remains of a burnt capacitor discovered by T. Smith Engineering Inc. officials. (T. Smith Engineering Inc., Court of King's Bench)
According to AIM employees and the site examination, it is possible the following fuels could also have been present in the area of origin, they said:
- Polyurethane foam from scrap cars.
- Plastic parts and casing.
- Rubber parts.
- Tires.
- Ignitable liquid vapour leaked from the scrap cars.
They attempted to use the process of elimination as part of the scientific method, but were unable to determine a definitive cause. they said, "as the hypothesis that the fire was caused by the failure of capacitors, the failure of battery cells, the failure of car batteries, and the spark from the contact between the metals igniting the initiable liquid vapours could not be disproved."
The densely packed pile, however, allowed the fire to spread quickly, the report noted.
Likely cause rechargeable batteries, task force said
Arcon Forensics Engineers, hired by the joint provincial-Port SJ task force that investigated the fire, was similarly unable to determine the exact cause and origin of the fire.
But it concluded the fire was likely started by an electrical ignition from the crushing and resultant failure of rechargeable batteries, either as vehicle components, or discarded within scrapped vehicles. Rechargeable lithium ion batteries were found at the fire site, it said.
The remains of batteries T. Smith Engineering Inc. officials found within the scrap pile where the fire originated. (T. Smith Engineering Inc., Court of King's Bench)
The task force said future fires at the scrapyard are likely, and a "catastrophic" fire could happen again.
It also found that AIM's waterfront location, not far from hundreds of west side homes, is "entirely inappropriate given its now known hazards and risks."
"Explosions and fire have become a significant, recurring hazard since the operation of the industrial metal shredder began" in 2011, the task force said.
At least 181 explosions and 22 fires have been recorded, "with notable increases" to the frequency of occurrences.
On Sept. 19, Environment Minister Gary Crossman suspended AIM's approval to operate because he was "of the opinion that there was an unauthorized release of contaminants in contravention of Section 17" of the Clean Air Act.
Operations have remained suspended since then.
AIM is asking a Court of King's Bench judge to quash the suspension. The company contends it should have been given an opportunity to make submissions before the suspension, and that an order with a "narrower scope" would have been sufficient to satisfy the objectives of the act.
as long as it isn't in my back yard.
AIM asks court to quash suspension of approval to operate Saint John scrapyard
Metal-recycling company alleges environment minister acted 'arbitrarily and unreasonably'
American Iron & Metal wants a judge to quash the environment minister's suspension of the company's approval to operate a Saint John harbourfront scrapyard, alleging he acted "arbitrarily and unreasonably," exceeded his jurisdiction and breached his duty of procedural fairness.
The company has filed a notice of application with the Court of King's Bench in Saint John, seeking a judicial review of the decision, which followed a massive fire at the site Sept. 14.
The fire burned for two days and prompted a city-wide shelter-in-place order because of hazardous smoke.
On Sept. 19, New Brunswick Environment Minister Gary Crossman suspended AIM's approval because he was "of the opinion that there was an unauthorized release of contaminants in contravention of section 17" of the Clean Air Act.
In court documents filed this week, AIM says it's "prevented from operating its business at the facility in any fashion pending the Minister lifting the Suspension."
Irving refinery fires did not prompt suspensions
AIM argues that the fire, described in the documents as "The Incident," was "contained within 48 hours," the suspension did not identify the contaminant that was allegedly released or the conditions that had to be satisfied for the suspension to be lifted.
AIM contends it should have been given an opportunity to make submissions before the suspension, and that an order with a "narrower scope" would have been sufficient to satisfy the objectives of the act.
In a supporting sworn affidavit, Michael Cormier, AIM's vice-president for the eastern region, argues other industrial businesses have had fires that did not result in shutdowns or licences being revoked.
Irving Oil Ltd.'s refinery has "experienced several catastrophic explosions and fires" over the past several years, he said, including one in 1998 that resulted in a death, and an explosion and subsequent fire in 2018.
In
2018, Irving Oil confirmed there was a 'major incident' at the refinery
that saw 'several' contractors being treated for non-life threatening
injuries. (Submitted by Joseph Comeau)
In 2010, the refinery released "more than 30 metric tonnes of dust resulting in property damage to surrounding neighbourhoods and a reduction in air quality," in 2012 it released "dangerous levels of sulphur dioxide," and in 2018, it released "an unknown chemical resulting in property damage to surrounding neighbourhoods and a reduction in air quality," Cormier said.
The TRACC tire recycling yard in Minto also had a fire in 2019 that destroyed the facility and resulted in "significant long-term environmental damage," he said.
Relied 'excessively' on joint task force
According to the documents, AIM sent a letter to the Environment minister on Sept. 20 to ask what conditions it would need to meet to get the suspension on its harbourside metal-recycling operations lifted.
"On Sept. 29, the minister sent an email to AIM in which he "approved AIM to complete certain assessment and remedial activities at the facility (the "Interim Approval.") However, the Interim Approval was rescinded without explanation later that day," the documents say.
Crossman relied "excessively upon the actions taken and the information gathered by the [joint] Task Force and the Saint John Port Authority to the point of fettering his discretion," the company alleges.
In his affidavit, Cormier points out no members of the Department of Environment, including the minister, sat on the task force.
Raises questions of task force co-chair conflict
The company also questions whether the task force co-chair Andrew Dixon, who is the chief operating officer of Port Saint John, had a conflict of interest, as the port is AIM's landlord.
Cormier notes he attended meetings between AIM and port officials in the weeks leading up to the fire, when Port Saint John "urged AIM to consider relocating the facility for the purpose of allowing another industry tenant to take over the property." AIM told Port Saint John it was not interested in its relocation proposal and that it intended to stay, according to Cormier.
Task force chair Cheryl Hansen, the clerk of the Executive Council, dismissed the notion that the port was in a conflict position in correspondence with AIM dated Nov. 15, court documents show. "The task force is not the decision-maker, therefore, conflict of interest principles do not apply, and in addition, we are satisfied no conflict exists," she wrote.
American
Iron & Metal vice-president for the eastern region Michael Cormier
attended the hearing Friday but declined to comment. (Graham Thompson/CBC)
AIM further claims Crossman "exceeded his jurisdiction and discretion under the act and/or acted unreasonably" by:
- Imposing an unconditional order under the Clean Air Act.
- "Arbitrarily and unreasonably" suspending the approval for an indefinite period.
- Failing to explain why a full suspension was reasonable and/or necessary and failing to provide sufficient reasons for his decision.
It claims the minister breached his duty of procedural fairness by failing to provide specific reasons for the suspension or the conditions that had to be met for the suspension to be lifted, and "failing to follow precedent in which other industrial businesses were not suspended for breaches" of the act.
Wants to see evidence
AIM is seeking an order that the evidence the minister used to make his decision be produced.
It is also seeking costs and any further relief the court deems reasonable.
None of AIM's allegations have been tested in court. The Department of Environment has not yet filed a response and declined to comment Thursday. "The Department of Environment and Local Government will not comment on matters before the court," spokesperson Clarissa Andersen said in an email.
"AIM has no comment at this time," Fredericton lawyer Romain Viel said in an email.
Operations remain suspended
Even if AIM succeeds in getting the Department of Environment suspension lifted, its salvage dealers licence for the port site remains revoked, Department of Justice and Public Safety spokesperson Allan Dearing confirmed Thursday, and operations remain suspended.
Public Safety Minister Kris Austin revoked AIM's approval under the province's Salvage Dealers Licensing Act on Dec. 29.
On Wednesday, the province announced AIM can resume accepting material at its Saint John, Moncton and Fredericton sites after inspections determined they now comply with the national fire code.
But that relates to the company's east Saint John site, on Recycling Street, not the west side port location where the fire occurred.
With files from Shane Magee
Herby introduced me to Michael Cormier last month Now he has my phone blocked Surprise Surprise Surprise
Minister/Ministre
Environment and Local Government/ Environnement et Gouvernements locaux
P.O. Box / C.P. 6000 Fredericton New Brunswick / Nouveau-Brunswick E3B 5H1 Canada
September 19, 2023
File: 2-6550-A3
SENT VIA EMAIL
Ms. Ann Marcotte
Director, Environment
American Iron & Metal Company Inc.
9100, Henri-Bourassa Est
Montreal, QC H1E 2S4
Email: Amarcotte@aim-global.com
Ms. Marcotte:
SUBJECT: Suspension of Approval to Operate # I-11959
Under the authority of Section 15(1) of the Clean Air Act (the Act), and in accordance with
subsection10(1) of the Air Quality Regulation – Clean Air Act, this letter is to notify AIM
that the Approval to Operate # I-11959 for the Saint John Metal Reclamation Facility is
hereby suspended as a result of the fire that occurred on September 14, 2023, at the
American Iron & Metal Company Inc. (AIM) Saint John Metal Reclamation Facility located
at 145 Gateway Street in Saint John. This notice of suspension is issued because the
Minister is of that opinion that there was an unauthorized release of contaminants in
contravention of section 17 of the Act.
This suspension will continue until such time as the Minister reinstates the Approval to
Operate.
While the Approval to Operate is suspended, be advised that the facility is not permitted
to operate, which includes receiving materials on-site, preparing materials for shredding,
shredding materials, and loading materials for shipment. Operation of the facility without
a valid Approval to Operate may result in enforcement action by the Department.
Sincerely,
Hon. Gary Crossman
Minister of Environment and Climate Change
American Iron & Metal gets another month to comply with national fire code at 3 N.B. sites
Company consents to have scrap piles in Moncton, Fredericton and east Saint John within limits by Feb. 7
American Iron & Metal has been given an extra month to comply with national fire code requirements at three of its New Brunswick facilities and will stop accepting scrap material at those sites as of Friday, until they do, according to a new agreement with the province.
Under the consent order, AIM must bring the scrap piles at its Moncton, Fredericton and east Saint John sites to within National Fire Code limits on size and distance by Feb. 7 and "shall maintain these requirements thereafter."
The agreement, signed and filed with the Moncton Court of King's Bench late Wednesday, comes just as AIM was scheduled to challenge the fire marshal's orders that set mid-January as the bumped-back deadline for its sites to be in compliance.
AIM was originally given until late-December, based on inspections, following the massive fire at the west Saint John port site on Sept. 14 that burned for roughly 40 hours and prompted a city-wide shelter in place order because of hazardous smoke.
The company planned to argue Friday that it could not meet the Jan. 11 and Jan. 13 deadlines because its Saint John port location is out of service and it has limited capacity to transport the material out of the province by truck or rail. But the Moncton hearing has been cancelled as AIM has withdrawn its appeals.
AIM must also meet and maintain the national code requirements regarding access for fire department vehicles by Feb. 7, according to the court document.
It's unclear what will happen if the company doesn't meet the new deadline.
The Department of Justice and Public Safety did not provide an interview or respond to questions from CBC Thursday.
In a news release issued later in the day, it said 10 salvage facilities were originally given until Dec. 21 to comply, "however several needed more time and extensions were given on a case-by-case basis."
Minister confident salvage dealers will comply
"We have been working with salvage dealers across New Brunswick to ensure they are operating within the parameters of the National Fire Code to reduce the risk of fires and ensure the safety of all New Brunswickers," said Public Safety Minister Kris Austin.
"I am confident all 10 will be in compliance."
AIM will not accept any further shipments of scrap from licensed dealers in New Brunswick until the three facilities in question have the capacity to receive new scrap without exceeding the National Fire Code limits.
In addition, AIM shall not accept shipments of scrap from outside New Brunswick "indefinitely," according to the department's news release, although the court order itself does not stipulate a timeframe.
Does not affect west Saint John port site
The "negotiated settlement" does not involve AIM's west Saint John port facility, the department noted. Austin revoked the company's licence for that site last week, saying that its response to a scathing task force report on the fire "does not substantively address the numerous community health, safety and environmental risks and impacts arising from AIM's operations at this location."
Department spokesperson Allan Dearing did not say whether that decision could be reversed or under what circumstances it could be.
The department previously said the minister's decision is final and cannot be appealed, but the company has 90 days to apply for a judicial review.
The
task force that reviewed the Sept. 14 fire at AIM's west Saint John
port site found the scrap piles were two to 2½ times what the national
fire code prescribes. (Submitted by Ed Moyer)
Fredericton lawyer Romain Viel, who is representing AIM, declined to comment Thursday on behalf of the company.
Saint John Mayor Donna Reardon is satisfied with the agreement.
"AIM always has that opportunity to take its case to court. So you want to make sure that you are dealing fairly with them and that, you know, you're moving forward through a process, but that, you know, [AIM owner and CEO Herb Black] does at the end of the day … have to comply. There's no other way around it," she said.
"Hopefully that will be the last change in the dates so that by February the 7th we know that he's on track or else he's not going to be on track. I think that's fair ball to give him a little bit of time. But you know at the end of the day I still want to make sure that [it's] following the regulations."
The other seven salvage dealer sites subject to fire marshal orders include:
- Arm & Sons Tire – 1620 Rte. 11, Alnwick (Barryville district).
- Brown's Auto Salvage – 6041 Rte. 10, Grand Lake (Upper Salmon Creek district).
- Gallant Enterprises – 200 Rossignol Rd., Edmundston.
- Greer's Mountain Salvage – 32 Timothy Ave., Hanwell.
- Flower's Salvage – 1554 Rte. 10, Capital Region rural district (Noonan district).
- Neighborhood Recycling – 1635 Berry Mills Rd., Moncton.
- Simpson Truck & Tractor Parts – 120 Paddy's Hill Dr., Saint John.
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
A scrap metal company is going to court to challenge a series of orders from the New Brunswick government to bring three of its sites into compliance with the fire code.
American Iron and Metal is challenging fire marshal orders for its sites on Toombs Street in Moncton, Recycling Street in Saint John, and Carman Avenue in Fredericton. The Saint John location is on the east side, not its west side port site.
The sites were among 10 the province said were issued compliance orders after inspections in early December.
American Iron and Metal, known as AIM, says in a court filing it cannot meet deadlines to comply because its port location is out of service and it has limited capacity to transport the material out of the province by truck or rail.
The filing says the fire marshal orders aren't in the public interest as it will result in additional truck traffic in the communities, cause an increase in scrap metal at other sites or sent to landfills, and the volume of material at AIM's sites can be reduced if given enough time.
A judge is set to hear the case Friday in Moncton.
On Tuesday, Romain Viel, the lawyer representing AIM, said the company has no comment.
The cases were filed last week before a separate decision from the province to revoke the Montreal-based company's licence for the Port Saint John location where a fire broke out in September.
After a task force report on that fire, the province carried out inspections of 87 scrapyards around New Brunswick. The province says 10 were not in compliance and were issued orders to correct various issues, though it has not said what issues were found at which sites.
Three of the 10 locations are operated by AIM. The court filings offer details about what the inspections found and the resulting fire marshal orders.
The scrapyard on Toombs Street in Moncton was ordered to develop a fire safety plan.
It was also ordered to ensure piles of material are stored in compliance with the 2015 National Fire Code of Canada. That code restricts piles of scrap to no more than six metres in height.
American Iron and Metal's scrapyard off Carman Avenue in Fredericton is
one of three locations identified in the court cases. (Roger
Cosman/CBC)
It was also ordered to have at least 30 metres space around stored products and vegetation.
Other steps included no-smoking signs in the outdoor storage area, portable fire extinguishers in vehicles, and to install fencing.
Similar orders were issued for the Saint John and Fredericton sites.
AIM's filing shows it planned to provide the fire plans before Christmas. It also provided photos showing no-smoking signs and fire extinguishers.
However, it said it needed more time to reduce the materials on site.
It said materials from Saint John and Fredericton would have to be moved to Moncton, shipped out by rail, and then the material at the Moncton location reduced.
Glimpse into AIM operations
The filing offers a glimpse at how AIM's various sites operate.
It says it runs "feeder" sites in several areas where vehicles, household appliances, machinery, and electronics are sorted and materials separated.
Metal is baled and sent to processing facilities, which include the Moncton site or the port, to be prepared for shipment outside the province.
Its Moncton site is described as the only salvage yard in the province with direct access to rail, other than the port.
However, the port site hasn't been operational since the fire. The court filing says that's resulted in material being redirected to the Moncton site.
Residents in Moncton have complained about increased noise and larger piles of scrap material at the site since the Saint John fire.
Railcars filled with scrap metal at AIM's Moncton site in November. (Roger Cosman/CBC)
The court filing says the volume moved through Moncton is dependent on CN Rail. It says it's currently limited to 30 railcars per week, with each car carrying about 80-90 tonnes of scrap metal.
The court filing says the company's main concern was the ability to meet the deadlines in the fire marshal orders to reduce the volume of material stored at the three sites.
AIM was given until Dec. 20, Dec. 21, and Dec. 22 to reduce the material stored in Moncton, Fredericton and Saint John respectively. That deadline was moved back to Jan. 11 in Moncton, and Jan. 13 for Saint John and Fredericton after a meeting with provincial officials.
Michael Cormier, AIM's vice-president for the eastern region, states in an affidavit that compliance would be "impossible" based on his experience and the availability of trucks and railcars.
Cormier says the company can advise its suppliers it cannot take additional material.
It would also seek to secure additional railcars and transport trucks, which would determine whether the material stays at AIM sites or is redirected to landfills around the province.
The provincial government declined to comment on the cases.
ABOUT THE AUTHOR
Why should they? After all they put their beefs in writing
New Brunswick revokes licence for AIM's Saint John scrapyard after fire
Decision follows damning report into Sept. 14 fire that sent toxic cloud of smoke over city
The New Brunswick government has revoked American Iron and Metal's licence for its Saint John port scrapyard.
The decision came almost a month after a damning task force report examining a massive fire in September at the company's waterfront location on the west side of the city.
"I have been weighing this matter with care by thoroughly reviewing the task force report, as well as AIM's response from the past week," Public Safety Minister Kris Austin said in a news release Friday.
"As minister responsible, I am not convinced that AIM has adequately addressed these serious concerns. As such, it is clear to me that it is in the public interest to revoke their licence."
The release says the decision cannot be appealed but can be subject to judicial review. The company has 90 days to ask a judge to review the decision.
The move came as a relief for Saint John Mayor Donna Reardon. After the fire, Saint John council had called for AIM to be shut down and relocated.
While noting the company still has 90 days to potentially challenge the move in court, Reardon believes the province has sought to deal with it as quickly as possible.
"I'm really pleased that how swiftly it's come along that we have this decision," the mayor said Friday.
Saint John Mayor Donna Reardon believes the province has sought to deal
with the issue as quickly as possible. (Hadeel Ibrahim/CBC)
Saint John resident Bryan Wilson, who lives about 800 metres from AIM's site, was excited by the news, given how the operation had impacted residents living nearby over the years.
"Who wants to live next to a place that's exploding?" Wilson said.
"Who wants to live next to a place that's on fire? That doesn't even start to talk about the noise from the material being shredded, the noise from the material being moved and loaded, and the dust that comes from the facility? It has a terrible impact on the community around it and how how people perceive it."
Wilson, though, remains cautiously optimistic, wondering about the details of what comes next.
"But for now I'm just going to rejoice," Wilson said.
The fire on Saint John's waterfront sent a large cloud of smoke over the city for hours. (Roger Cosman/CBC)
The site is on land leased to the company by Port Saint John.
A spokesperson for the port issued a statement Friday saying it is aware of the minister's decision but because there is a 90-day period where it could be challenged, it has no other comment.
The Sept. 14 fire burned in a pile of scrap metal for 40 hours, sending a toxic cloud of smoke over the city and prompting a shelter-in-place order.
In the aftermath, the province suspended AIM's approval to operate pending an investigation. A task force of provincial and port officials was launched, which issued its findings in a Dec. 5 report.
While the exact cause of the fire wasn't determined, the task force report says it was likely a rechargeable battery. Rechargeable lithium ion batteries were found at the site.
The report found the city's fire department wasn't sufficiently equipped to fight the fire, AIM didn't have a proper emergency plan, the scrap piles were more than the six metres prescribed by the National Fire Code of Canada, the operation carried a "significant risk of explosion and fire," and there was a high likelihood of another fire in the future.
"The location of the AIM operation, in the middle of the Saint John community, adjacent to the harbour and a residential neighbourhood, is entirely inappropriate given its now known hazards and risks," the report says.
The fire also left the site contaminated.
"The health and safety of our community and port users remains our top priority and we are working to ensure the full remediation of the AIM site is undertaken by the lessee," port CEO Craig Estabrooks said in a statement.
Public
Safety Minister Kris Austin says the company's response to findings of
the fire investigation largely addresses its commercial interests and
makes assertions of future intentions. (Ed Hunter/CBC)
Austin had given the company until midnight on Dec. 22 to respond to the task force's 12 findings.
In a letter Austin sent to AIM on Friday about the licence decision, the minister wrote that the company's response "does not substantively address the numerous community health, safety and environmental risks and impacts arising from AIM's operations at this location."
Austin said the company's response to the task force report proposed developing a plan to comply with the fire code, something the minister wrote "should have always occurred."
The task force found the piles at the site were two to 2½ times what the code prescribes.
"The AIM Response attempts to minimize future risks and hazards, contests the findings of the Task Force and Investigation Reports, and asserts that AIM's operations at this site are no worse than other industrial operations elsewhere," Austin wrote in the letter to the company.
The minister says the company's response largely addresses its commercial interests and makes assertions of future intentions.
Austin also referred a history of problems highlighted in the task force report at the site at 1 Protection St.
The task force's report says "many alarm bells rang in the lead up to the fire," including 181 explosions and 22 fires since 2011.
It said WorkSafeNB had investigated 21 incidents, including two deaths.
The province has not released the company's response to the task force findings.
CBC has requested comment from the company.
It's unclear how many employees worked at the site.
Other sites inspected
AIM operates multiple other locations around New Brunswick, including another in Saint John at 65 Recycling St.
Earlier this month the province inspected 87 scrap facilities around the province, saying it found 10 were not in compliance in various ways.
The province hasn't disclosed what specific issues were found at each of the 10 sites. They were initially given until Dec. 21 to fix them, but now that that deadline has passed the province has said the sites are getting extensions.
Among the 10 sites are AIM's second Saint John location, as well as its locations in Moncton and Fredericton.
A spokesperson for the province said last week that the 10 sites would be "remediated in the coming weeks," but didn't say what the consequences would be if a site didn't comply.
Residents near the Moncton location have raised concerns about the site in recent months, saying it has become busier since the fire in Saint John.
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https://davidraymondamos3. Wednesday, 8 May 2019 Too Too Funny If anyone would understand why Chucky Leblanc and McInnes & Cooper deserve each other it would be Justice Richard Bell | |
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