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Higgs doubts AIM will win legal fight to resume waterfront scrapyard

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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."

WATCH | 'I don't see it operating here in the port again': Higgs 
 

Higgs says ‘message is clear’ about AIM's lack of a future on waterfront

Duration 0:49
The premier made the remarks today as AIM looks for end to the suspension of its approval to operate after a massive fire in September.

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.

 
 
 
28 Comments
 
 
 
David Amos 
I wonder if Herby and his lawyers are still checking my work
 
 
David Amos 
Reply to David Amos
Need I say I heard this before???

"AIM's lawyer Romain Viel declined to comment, because the matter is before the court."

 
Harvey York
Reply to David Amos
That's an insult to people who actually work  
 
 
David Amos  

Reply to Harvey York 
Ask Romain Viel and his buddy Higgy why I am laughing at your nonsense 
 
 
David Amos 
Reply to Harvey York 
Hmmm 
 
 
 
 
Dacre Gushue  
Sure be great if we worried about homeless encampment fires started by cooking drugs as much as worry about this place. This would make too much sense though..  
 
 
Geoff MacDonald 
Reply to Dacre Gushue  
So you're suggesting the safety of a couple of people is worth the same as the safety of the entire community? 


Dacre Gushue  
Reply to Geoff MacDonald  
I live in that community of lower west. I am safe. Trust me.. And if you don't live there, any point you make is moot. NIMBY 


Samual Johnston 
Reply to Dacre Gushue  
not much you can do about protecting someone who does not want treatment and cannot follow shelter rules or hold a job. you cannot force treatment on people they need to want it. 
 
 
scott crandall 
Reply to Dacre Gushue  
A couple of facts for Mr. MacDonald and Mr. Gushue: no evidence of "drug cooking" fires. The last death was from a heating fire. Also, the story framed as "safety of a couple of people" is actually the death of 3 now in Saint John, (5 provincially), and an attempted murder of homeless people by fire earlier on Waterloo Row. IMO, it ranks right up there with the AIM story. 
 
 
Samual Johnston 
Reply to Dacre Gushue  
I don't think Geoff's point is moot given....."The Sept. 14 fire burned for two days and prompted a city-wide shelter-in-place order because of hazardous smoke." One does not have to live there to make a common sense point.
 
 
MR Cain 
Reply to Dacre Gushue 
I have never seen your name on an electorate list. 
 
 
MR Cain 
Reply to Dacre Gushue 
Others are more concerned. 
 
 
David Amos 
Reply to scott crandall 
Amen 
 
 
 
 
Raymond Leger   
Most leaders, politicians, and people of influence would never comment on an ongoing legal case that is currently before the courts. And for good reason.
 
 
Geoff MacDonald 
Reply to Raymond Leger   
LOL! They all comment on things like this unless the court action relates directly to them. Even then, they often talk. And what does 'people of influence' mean? Do you mean the next social media start? If so, of course they would comment, hence the reason why they are people of 'influence'.
 
 
David Amos 
Reply to Raymond Leger
How do you explain Higgy's comments?  
 
 
David Amos  
Reply to Geoff MacDonald  
I second that emotion
 
 
 
 
William Peters 
The Irvings have been breaking these laws for much of recent history. There are ways to turn a blind eye. Higgs should just say that he no longer will in this case. Environmental laws are not just there to serve someone's pleasure as it is often written in our Acts. 
 
 
David Amos 
Reply to William Peters 
Good luck explaining that to Higgy and his lawyers  
 
 
 
 
Garry Mackay
We shall see. Contract law is the deciding force here not Dr. Higgs.

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

 
MR Cain 
Reply to Garry Mackay 
The place is contaminated, sitting beside the harbour. This is no place for such a facility to be operating. It can operate anywhere outside the city and truck to the docks for shipping, as are the other sites in the province. IMO 
 
 
David Amos 
Reply to Garry Mackay
I agree 




Eugene Peabody 
I think Higgs is making the right call on this file for a change.  
 
 
Jack Bell
Reply to Eugene Peabody
Irving probably wants the land  
 
 
William Peters 
Reply to Eugene Peabody
It should not be up to him. He's not the law. Politicians who intervene in the application of the law are out of bounds. He'd allow some polluters with the same privilege some people thinks he has.  
 
 
David Amos 
Reply to Eugene Peabody 
I disagree  


David Amos 
Reply to William Peters 
I concur
 
 

 

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.

Black smoke and flames shoot up high in the sky from an oil refinery.    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.

A man with short dark hair and a new beard, wearing a tan coat, talking on a smartphone. 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

 
25 Comments
 
 
David Amos 
Surprise Surprise Surprise

 
 
September 25, 2020
We wish to inform you that a fire occurred at our Port of Saint John facility late last night. The fire was quickly contained and controlled and there are no injuries. At this time, the cause of the fire remains unknown. AIM is cooperating with the fire department and local authorities to determine the exact cause of the blaze.
For any questions, please contact Michael Cormier, General Manager, 506-672-4000 x 6006

Herby introduced me to Michael Cormier last month Now he has my phone blocked Surprise Surprise Surprise

 
 
[Type here]
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.

Smoke billowing out of a large pile of metal, fire truck pouring liquid onto it 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.
 
 
 
12 Comments 

 
David Amos 
Somebody should ask Romain Viel why I am not surprised 
 
 
 

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. 

WATCH | N.B. says this scrapyard doesn't comply with the fire code:
 

See AIM's Fredericton scrapyard — where N.B. also identified safety concerns

Duration 0:57
American Iron and Metal says it needs more time to bring three of its scrapyards, including this one in Fredericton, into compliance with the fire code.

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. 

Heavy machinery loading large trucks with scrap metal near piles of snow-covered scrap. 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. 

Several large rail cars filled with various items. Heavy equipment in the background is surrounded by piles of scrap metal and several buildings. 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


Shane Magee

Reporter

Shane Magee is a Moncton-based reporter for CBC.

 
 
 
44 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

 
 
 
 

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."

WATCH | The fire that spewed potentially hazardous material into the sea and sky: 
 

During last week's scrapyard fire, Saint John residents were asked to take shelter from smoke

Duration 1:33
Sights and sounds from Sept 14, when crews battled flames at the American Iron and Metal recycling plant next to Saint John Harbour. The fire was brought under control the following day.

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.

A woman with glasses and short hair smiles at the camera 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.

A large cloud of white and grey smoke hangs in the air above a fire at a scrap metal yard, surrounded by homes. 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. 

WATCH | Why Saint John's west side could have lost its water supply in AIM fire: 
 

How much water was used to put out the AIM fire?

Duration 1:36
Putting out the September fire at American Iron and Metal in Saint John required millions of gallons of water — and some sheer luck.

"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.

A man in a suit surrounded by reporters with microphones and tape recorders pointed toward him speaking with his hands raised. 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.

ABOUT THE AUTHOR


Shane Magee

Reporter

Shane Magee is a Moncton-based reporter for CBC.

With files from Mariam Mesbah

 
 
 
104 Comments 

 
David Amos
I bet Herby is upset 
 
 
GARY MERCER
Reply to David Amos
he is probably not upset at all, he still has all his other locations still intact. 
 
 
David Amos
Reply to GARY MERCER
Somebody told me that weeks ago but Herby don't like being stepped on



Attn Romain Viel I just called

David Amos

<david.raymond.amos333@gmail.com>
Wed, May 8, 2019 at 4:58 PM
To: romain.viel@mcinnescooper.com, IHolst@calgarypolice.ca, leanne.murray@gnb.ca, oldmaison <oldmaison@yahoo.com>, andre <andre@jafaust.com>, "martin.gaudet"<martin.gaudet@fredericton.ca>, "mike.obrien"<mike.obrien@fredericton.ca>, "mike.obrienfred"<mike.obrienfred@gmail.com>, sallybrooks25 <sallybrooks25@yahoo.ca>, premier <premier@gnb.ca>, "andrea.anderson-mason"<andrea.anderson-mason@gnb.ca>, "carl.urquhart"<carl.urquhart@gnb.ca>, "steve.murphy"<steve.murphy@ctv.ca>, "Jacques.Poitras"<Jacques.Poitras@cbc.ca>, "Jack.Keir"<Jack.Keir@gnb.ca>, "greg.byrne"<greg.byrne@gnb.ca>, "brian.gallant"<brian.gallant@gnb.ca>, "denis.landry2"<denis.landry2@gnb.ca>, "robert.mckee"<robert.mckee@gnb.ca>, "robert.gauvin"<robert.gauvin@gnb.ca>, "Arseneau, Kevin (LEG)"<kevin.a.arseneau@gnb.ca>, Newsroom <Newsroom@globeandmail.com>, news <news@kingscorecord.com>, news <news@dailygleaner.com>
Cc: "David.Raymond.Amos"<David.Raymond.Amos@gmail.com>


https://davidraymondamos3.blogspot.com/2019/05/too-too-funny-if-anyone-would.html

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
 


David Raymond Amos‏ @DavidRayAmos
Replying to @DavidRayAmos @Kathryn98967631 and 47 others
Too Too Funny If anyone would understand why Chucky Leblanc and
McInnes & Cooper deserve each other it would be Justice Richard Bell




#nbpoli #cdnpoli







---------- Forwarded message ----------
From: Ingrid Holst <IHolst@calgarypolice.ca>
Date: Mon, 19 Aug 2013 02:31:39 +0000
Subject: Automatic reply: Yo Chucky howcome your buddy the Attorney
General Ms Blais and her Deputy Ms Keating worry more about the money
in McCorkill's estate that they do about the sexual abuse of women and
children?
To: David Amos <motomaniac333@gmail.com>

I am currently out of the office returning Monday, August 19.  If you
require immediate assistance please contact reception at 428-5990.
Thanks!    Ingrid



---------- Original message ----------
From: "Murray, Leanne"<leanne.murray@mcinnescooper.com>
Date: Sun, 18 Aug 2013 23:32:35 -0300
Subject: Out of Office: Yo Chucky howcome your buddy the Attorney
General Ms Blais and her Deputy Ms Keating worry more about the money
in McCorkill's estate that they do about the sexual abuse of women and
children?
To: David Amos <motomaniac333@gmail.com>

I will be out of the office on vacation from August 5 to 20, 2013,
inclusive, and will have limited access to email during this time
period.

For immediate assistance from August 5 to 9, 2013, please contact Lynn
Davidson at 453-0929 or by email at lynn.davidson@mcinnescooper.com.
For immediate assistance from August 12 to 16, 2013, please contact
Margie Loisel at 458-1034 or by email at
margie.loisel@mcinnescooper.com; otherwise, I will get back to you as
soon as possible upon my return.

McInnes Cooper Canadian Business Law Firm and Lawyer Jaime Connolly in
Fredericton!!
285 views


Charles Leblanc
Published on May 6, 2019


Romain Viel



Romain Viel
506.453.0920
Office: Fredericton

Romain is a bilingual lawyer in our Fredericton office. His practice
currently focuses on litigation, in particular, commercial litigation.
Romain also practices in the fields of bankruptcy and insolvency,
asset recovery, property law and municipal law. Romain also has
considerable experience with mortgage sale and foreclosure matters.

Romain is from Fredericton and obtained his Juris Doctor from the
University of New Brunswick. Prior to beginning his legal studies,
Romain obtained two undergraduate degrees with distinction, one in
Kinesiology and the second in Business Administration.

Romain is a member of the Canadian Bar Association, the Law Society of
New Brunswick, and l’Association des juristes d’expression française
du Nouveau-Brunswick. He also sits on the Board of Directors for the
Service de garde l’Envolée Daycare in Fredericton as well as the
Organizing Committee for the 2017 Jeux de l’Acadie.

In his spare time, Romain enjoys keeping up with two young daughters,
running, playing hockey and golf and following the Montreal Canadiens
and Toronto Blue Jays.
Services

    Banking and Financial Services
    Bankruptcy and Insolvency
    Estates and Trusts
    Insurance
    Litigation
    Municipal Law
    Real Estate

Industries

    Cannabis
    Construction & Property Development
    Financial Services
    Government & Institutions

Education

    Bachelor of Recreation and Sports Studies, University of New
Brunswick (2009)
    Bachelor of Business Administration, University of New Brunswick (2009)
    Juris Doctor, University of New Brunswick (2012)

Bar Admissions

    New Brunswick (2013)

Representative Work
McCorkill v. Streed, Executor of the Estate of Harry Robert McCorkill
(aka McCorkell), Deceased (2016)

    June 9, 2016
    Client: Sister of the Deceased
    Value: Estate appraised at $250,000

On June 9, 2016, the Supreme Court of Canada dismissed an application
for leave to appeal a New Brunswick decision invalidating an NB man’s
collection of coins and goods to US-based National Alliance in his
will on the basis the information the National Alliance disseminates
and its purpose are against Canadian public policy. The estate was
appraised at $250,000. First retained in July 2013, McInnes Cooper
represented the successful party throughout. The decision sets a
national precedent, confirming that there is no room for individuals
to gift over their estates to groups that promote hate speech in
Canada.
 
 

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