Some good news for Southgate township.
Mayor Brian Milne tells Bayshore Broadcasting News an appeal filed by a ratepayers group over the Lystek plant in Dundalk has been rejected by the Ontario Divisional Court in Brampton.
S-PIRG — the Southgate Public Interest Research Group — launched an appeal last year over the building permit issued by Southgate for the Lystek waste to fertilizer plant — claiming it was in error because of the zoning for the land.
A three judge panel heard the arguments last October, and a ruling has finally been handed down.
Mayor Milne says the court decided the building permit was issued properly, and the zoning was correct.
Milne says the municipality “probably spent about $100,00” fighting the S-PIRG group over the Lystek plant.
He isn’t sure how much money the residents group will be forced to pay in court costs to Southgate.
An earlier court ruled S-PIRG had to pay $40,000 and the Mayor plans to go after that money now that the township has won the appeal.
S-PIRG has been fighting against the sewage sludge to fertilizer plant for more than 18 months.
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Statements from Lystek about Appeal of Lystek Building Permit
A panel of three, Superior Court Justices, have again denied an appeal by SPIRG and confirmed that the Township of Southgates issuance of the original building permit for Lysteks innovative biosolids processing facility in the Southgate Eco Park was done properly.
“We appreciate all the time and hard work that has been put into this process. The decision is what we expected and we are satisfied with it,” said Kevin Litwiller, Director of Business Development for Lystek. “Lystek is proud of to be part of the Southgate Eco Park. We were always confident that the building permit was properly issued and that this was the right place for us to invest from the outset.”
After just 10 months of operation, the world class facility is already benefiting the community of Southgate through employment, significant revenue injection into the local economy and landfill diversion. Since opening in May of 2013, the OMRC has already created nine, good paying, full-time jobs, inserted well over $10 million dollars into the local economy and diverted over 20 million kilograms of biosolids from landfills. This valuable material can then be converted into a federally registered, Canadian Food Inspection Agency (CFIA) fertilizer product for beneficial use by area farmers.
“This is another great decision for the township and the Eco Park,” said Mayor Brian Milne. “The Lystek building permit was issued after detailed due diligence and a complete review by the Township. Once again, the court has recognized that our process and decisions were legal and appropriate.”
This new, 15-page ruling fully supports the original the 54-page ruling from October, 2012. The key points are:
. That the appeal court dismisses all arguments put forth by SPIRG.
. That the decision to uphold Lystek’s original building permit is affirmed.
. That the Townships issuance of the original building permit was done correctly.
. Additional costs payable in respect of SPIRG’s failed appeal are to be determined.
In Canada, costs are normally paid by the losing party to the winning side. In the original court ruling, SPIRG was ordered to repay approximately $40,000 to the Township. Those monies have yet to be paid.
“The success of the Eco Park is critically important to the future of our community. This decision is another positive step toward making the Township of Southgate a great place to build and grow green-tech companies,” commented Mayor Brian Milne. “We will continue to work with everyone in the community to fulfill the original vision for the Eco Park to make it a successful economic driver and point of pride for the citizens of Southgate.”
“It has also come to Lysteks attention that certain members of SPIRG have been making false public statements about odour coming from the Lystek plant. These allegations are total fabrications. The fact is that the Ministry of the Environment (MOE) has visited the Lystek facility in Dundalk several times in response to concerns from citizens, including as recently as this past Monday, February 24th. They have investigated these allegations and reviewed Lysteks current operations and expansion plans.
The MOE has determined that the millions of dollars Lystek invested in air handling and odour control systems are working well and there are no concerns with the OMRC. It should also be noted that Lystek is not the only commercial entity in operation in or near the village of Dundalk, which is located in the heart of a rural, farming community. Odours are a part of everyday life in these communities. Therefore, we caution all members of SPIRG, (or otherwise) against making these types of false and potentially damaging statements about Lystek.”
