Thursday, July 30, 1998
Milestone agreement reached in
JAG roundtable
BY LAUREL MUNROE 

Cape Breton Post
    A milestone in the proposed cleanup of the area was reached Wednesday.
    A formal Memorandum of Understanding (MOU), committing the federal, provincial and municipal governments and the Cape Breton community - as represented by the Joint Action Group (JAG) - to the cleanup was ratified by the JAG roundtable during a meeting held at the Steelworkers Hall in Sydney.
    The MOU, which was more than a year in the making, expresses the will of the parties to seek solutions, through the JAG process, to the environmental and health risks associated with the , which contains Canada's worst contaminated sites, including the Sydney tar ponds.
    The five-year agreement limits the cleanup to the tar ponds, former coke ovens site, coke ovens brook and adjacent sites, including inflows and outflows of the watershed area.
    Some roundtable members were concerned that the cleanup site as outlined in the agreement is too limited, as Sydney harbor, the municipal landfill and the streets adjacent to the site are not included in JAG's mandate under the MOU.
    Elizabeth may put forward a motion that the words "at a minimum" be added to the site description, but the motion was defeated after the federal government representative, Don Ferguson of Health Canada, told the roundtable the government would be forced to rescind its immediate support of the MOU, "until legal counsel were consulted."
    "the wording that's in there gives us the flexibility to deal with the problems we need to," noted JAG member John MacMullin.
    After more than 90 minutes of discussion, a motion to forward the MOU to JAG's partners for consideration was passed by a vote of 27 for and three against, with two abstentions.
    "i'm very pleased," said JAG chair Dr. Carl Buchanan.  "It puts into context our actions as to how we remediate the site, and we need that in place before each project is costed and can move ahead."
    The MOU, which does not establish legally binding obligations among the parties, does not establish a framework for funding, either.
    "We'll operate in good faith to try to determine the cost of funding on a project-by-project basis," said Buchanan.  "The context of the MOU makes sure we have an opportunity to negotiate."
    Buchanan noted he doesn't know what the cleanup will cost, but added he hopes the process will create technology which can eventually be sold to other areas.
    It is expected the MOU will be signed by representatives from all teh parties sometime in August.  it is not known whether Prime Minister Jean Chretien will attend the signing ceremony.
    In other business, the roundtable ratified a Memorandum of Association, which will allow JAG to incorporate and purchase liability insurance.
Tar ponds plan adopted
By Tera Camus
Cape Breton Bureau 

Sydney
    The group overseeing the cleanup of the nation's worst toxic site has a game plan but no level of government is legally bound to play by the rules.
    The Joint Action Group on Environmental Cleanup adopted the four-party agreement with a vote of 27-3 Wednesday night.  Another two members abstained.
    The memorandum of agreement outlines the planned attack for the cleanup of the Sydney tar ponds, the former coke oven site and adjacent coke ovens brook.
    Chairman Bucky Buchanan says the agreement sets up the process.
    "It puts into context all the relationships that we could identify with all the partners - municipal, federal, provincial - with the JAG community group," he said.
    The agreement also lays the groundwork for how the site can be cleaned up, he said.
    "We needed that in place obviously before each project is costed and moved ahead."
    The agreement assumes local workers will be hired in the cleanup whenever possible and "all parties conduct themselves in an open, communicative and cooperative manner."
    The agreement keeps JAG involved in the tendering of work and affirms its community-based organizational structure.
    It also outlines the plan to study and assess ways to clean up the site by March 1999.
    The need for JAG to get annual funding for administration and operational costs, as well as cost-shared funding for the cleanup, is also noted.
    The plan does not specify what percentages each government partner will contribute or the total amount of dollars involved.
    Earlier estimates for the cleanup were well above $500 million.  The work could take up to 25 years to complete.
    Outspoken critic Elizabeth May, a JAG member and president of the national environmental group Sierra Club, says the agreement doesn't go far enough.  She abstained from voting Wednesday.
    "It's loaded with hedging of bets like 'Resource constraints are recognized at all levels,' and 'This document is not a binding legal commitment of any kind,'" she said.  "So as a written moral commitment it's OK, but compared to what it could have been, I think it's a disappointing document."
    JAG hopes various partners will sign the agreement by the end of August.  Among those to be invited are Prime Minister Jean Chretien, federal Health Minister Allan Rock, federal Environment Minister Christine Stewart, Premier Russell MacLellan, Health Minister Jim Smith and CB Regional Mayor David Muise.
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