Group continues mission to change wind turbine regulations

Featured image for Group continues mission to change wind turbine regulations

By Mike Renzella 

The Haldimand Press 

 HALDIMAND—Mothers Against Wind Turbines Inc. (MAWTI), a group concerned over the operation of wind turbines in their communities, recently met with representatives from the Ministry of Environment regarding their ongoing attempts to change government standards regarding wind projects in Ontario.

  The group began around 2012-13 when some concerned parents saw the rollout of wind turbines along Lake Erie’s coast accelerating around their homes. MAWTI Director Linda Rogers said these turbines have driven some area residents out of their homes.

  “Our families have children who would fall into the autistic spectrum, sensory processing disorder (SPD), or family members with a similar diagnosis. There was a lot of concerns about the impacts of the operations of wind projects next to our homes,” said Rogers. “If you have autism or SPD, every day with our mental triggers are difficult. Light, movement, shadows, noise, all of those things, and those are all part and parcel of having a wind facility surrounding your home.” 

  The group kicked into high gear in 2015, launching an appeal against the 77 turbines included in the since-approved Niagara Wind Project. Rogers explained that since then, her home has become enclosed by 25 turbines within a 2km radius of her front door. 

  “We’re surrounded,” she said. “Everyday environmental intrusions are difficult; adding industrial activity right outside your home is more difficult. I know other members of our group have been quite open about their family members and the struggles they’ve had.” 

  Rogers said that the Ministry of Environment, Conservation and Parks (MECP) are in receipt of numerous adverse incident reports related to the turbines on a range of topics including construction issues, construction dust exposure sending people to the ER, flooding on people’s lands after the projects are built, and nuisance items like blinking lights at night and, most prevalently, noise infractions. 

  “When we talk about community noise, like road traffic, airplanes, industrial activities, that’s actually what a wind project fits into. It’s discharging noise into the environment. The regulation of that noise has not been effective,” said Rogers. 

  She continued, “People are reporting lots of symptoms. Some are seeking medical advice and being advised by their healthcare providers to leave because that’s the only way to get away from it. Some are finding they can’t use their property the same way. You can’t go out and sit on your deck…. Farmers are having issues with farming their property, whether it’s stray voltage, noise, restrictions.”

She said that so far, the reports have not affected change. 

  MECP representative Gary Wheeler said Ministry staff use its own ‘Compliance Protocol for Wind Turbine Noise’ when assessing noise complaints, which includes site visits where complainants reside less than 1500m from a turbine. Staff will check the noise level and if it exceeds 35 dBA on a regular basis, detailed acoustic measurements are then taken. 

  “The presence of noise complaints does not necessarily indicate non-compliance with allowable noise limits,” said Wheeler. “When an issue of non-compliance is identified, the ministry requires the facility to implement a noise abatement action plan which demonstrates how the facility will come into compliance.” 

  However, Rogers asserts that the very laws governing the turbines are problematic, noting, “The renewable energy projects, whether they’re solar, wind, biogas, small water projects, were allowed under the Green Energy Act (GEA). The GEA was repealed in 2021, and all of those enabling statutes were moved back into different acts, but the basic permissions to allow renewable energy projects to operate is now found in the Environmental Protection Act. 

  As such, Rogers believes the turbines are well protected against MAWTI’s concerns, adding, “We’re in a difficult spot legally. We’re fighting against laws that are on the books that are difficult to get around.” 

  In addition, Rogers says MAWTI also has an uphill battle against bias from the community as “people have never thought about how bad it could be; it’s kind of surprising to them when they run into all these globally reported issues.”

  Recently, the group launched a new Ontario Land Tribunal (OLT) appeal, questioning an Environmental Registry notice from December, 2022 related to one specific turbine, identified as Turbine 08, that was exceeding Ministry noise levels and required operational amendments. 

  Wheeler said the issues surrounding Turbine 08 arose from an audit process spanning 2018-19, during which time Niagara Region Wind Farm submitted acoustic audits on the 77 turbines in the operation. Further Ministry audits in 2021 led to a series of operational changes to the turbine, restricting its power output and, subsequently, noise level. 

  A MAWTI press release questions how applying these measures to a single turbine is an effective solution and requested a “fully transparent review of the project” with a noise abatement plan that offers “equal and effective protections to all.”

Both the Niagara Wind Project’s approval holder, Boralex Inc., and MECP have filed motions to dismiss the hearing.

  Rogers ultimately believes that the Ministry standards are inadequate, regardless of the turbines’ compliance.

“You have to start with the expectation that the project in compliance will cause serious harm to human health. That’s a very difficult standard because human health is never black and white,” she said, noting that to date no legal challenges have succeeded against the turbines.

  MAWTI has not been given reasoning yet behind the motion to dismiss their OLT request. Rogers said the group will not abandon their efforts, but she acknowledged the reality of being a community group: “We do not have a funding source. When you start going to the higher courts, like the Supreme Court of Canada, it’s time, it’s money, it’s expertise.… We’re not done, but we’re also realistic and pragmatic and are looking at other ways to influence.”