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Waiting game follows appeal hearing

Future testing and monitoring of water in a town boasting 100 years of oil and gas history is now in the hands of the province’s environmental minister.
Roxanne Walsh awaits the results of a four-day Alberta Environmental Appeals Board hearing into hers and Julie Walkers’ concerns over Turner Valley’ s water
Roxanne Walsh awaits the results of a four-day Alberta Environmental Appeals Board hearing into hers and Julie Walkers’ concerns over Turner Valley’ s water supply.

Future testing and monitoring of water in a town boasting 100 years of oil and gas history is now in the hands of the province’s environmental minister.

The Alberta Environmental Appeals Board held a four-day-long hearing last week to address concerns Turner Valley residents Roxanne Walsh and Julie Walker have over the town’s new water sources.

The hearing, which addressed water quality, testing frequency and the water treatment plant’s expansion, took place at the Turner Valley Golf Club from April 28 to May 1.

The appeals board now has 30 days to provide recommendations to the Minister of Environment and Sustainable Resource Development, who will make the final decision.

“I think that the board was very competent and I think they truly listened to all parties,” said Turner Valley Mayor Kelly Tuck. “I think there was information that not everybody had that came to light. Understanding what the Town of Turner Valley tests for is maybe one of the areas where we can communicate better at.”

Walsh and Walker submitted appeals regarding the construction of an infiltration gallery in the Sheep River last spring and its connection to the water treatment plant, citing concerns the gallery is close to a former landfill site used by the Turner Valley Gas Plant and 18 decommissioned septic fields in Calkins Place.

Walsh submitted another appeal last summer in response to the Town’s proposed water treatment plant expansion, due to its connection to the infiltration gallery, and another in the fall regarding the Town’s request that Alberta Environment reduce its hefty testing and monitoring restrictions for its raw water reservoir.

The restrictions were established after Walsh appealed the construction of the Towns’ raw water reservoir in 2008 due to her concerns about contaminants in the vicinity.

During the appeal hearing, Walsh said no monitoring wells exist between the vault well and Sheep River to monitor how much flow is drawn from the river. New wells were constructed by the Town in 2013 and 2014 after all but one was damaged in the 2013 flood.

“We have heard testimony… that the levels are far lower in the new wells than in the old, and permeability values are twice as much,” Walsh said. “Further investigation should be done at the source water site to establish permeability in the bedrock, which consists of sandstone, silt and shale in that region in order to rule out the possibility of contamination from the landfill site across the river can be making its way into the source water supply.”

Walsh recommended samples be taken four times annually.

“There are gaps in the data, there are gaps in the reports and there are gaps in the thorough knowledge of the infiltration gallery area,” she said. “I’d like the board to recommend to the minister that an audit be conducted to identify all the gaps.”

Walsh suggested Alberta Environment have a proactive role in dealing with potential contaminated sites, listing the Turner Valley Gas Plant and former landfill site as examples.

“I would like them to come out with all of their experts and do some sampling and testing to help determine the safest, most efficient way to proceed with these matters,” she said.

Walker called Turner Valley’s situation complicated and not well understood, and recognized the Town for its efforts.

“It’s not your fault necessarily there are these gaps in the data,” she said. “This is not about blaming you, it’s about coming together in the best process I can think of to gather the information.”

Ron Kruhlak, the Town’s legal counsel, said Walsh and Walker provided no evidence of contaminants throughout the hearing.

“A chance is not evidence,” he said. “The Town has filed years of data on the record and responded to the concerns by the appellants and their consultant in the evidence filed. With respect to the source wells that have been operating for years there is no evidence as to impact from the (former) landfill.”

Kruhlak said the tests reveal the Town meets the Canadian drinking water guidelines.

“The appellant has failed to show how conversion of the infiltration gallery or vault wall will increase any of these risks,” he said. “This ever-increasing rigor here is not based on finding contamination in their drinking water, rather it’s based on what might come to the drinking water from some of the historic impacts in the area. They want to order all sorts of unnecessary tests only as part of a defensive approach. One is to question whether that’s a wise use of public resources.”

Alison Altmiks, the Alberta Justice barrister and solicitor for the environmental law sector, said the Town holds an approval under the environmental protection and enhancement act for its water works system.

“Between a typical water system monitoring and what is done now at Turner Valley are vastly different,” she said. “The raw water being collected is of such good quality that it often already is below health-based guidelines for treated water before it even gets to the treatment plant.

Altmiks said the appellants suggested testing for materials already being tested, and added Walsh didn’t participate in public consultation sessions held by the Town regarding its water.

Walsh said she’s satisfied she did the best she could at last week’s hearing.

“I have given much to this community and have paid quite a high price in doing so,” she said. “I need to take a break. The length of that break - who knows.”

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