We strongly oppose the…

We strongly oppose the unwarranted exemption from application of the Area of Influence (AOI) and Minimum Separation Distance (MSD) in the Guideline to land use decisions for new or expanding aggregate operations proposed near sensitive land uses. A quarry is the most obnoxious, toxic and environmentally destructive land activity, with no prospect of rehabilitation. Blasting is an ultrahazardous activity, and flyrock, a contaminant under the Environmental Protection Act, is the ultimate adverse effect. There is no way to mitigate flyrock, and the only remedy is distance in the form of a minimum setback requirement, which must be provided by the proponent and not innocent third-party property owners. Flyrock must be contained on the site of the quarry, for if flyrock is launched off-site as a consequence of blasting it constitutes unlawful trespass. Innocent third-party property owners do not share in the profits of the quarry operator, and are not legally obligated to subsidize the quarry operation through a quarry operator's unlawful use of nearby private property as a dumping ground for adverse effects, including contaminants such as fugitive dust, toxic fumes, airblast, ground vibrations and flyrock. Every third-party property owner near a blasting quarry is entitled to the uninterrrupted use and enjoyment of their property, and should not have to expend valuable time and money suing the quarry operator. Making provision for minimum setbacks for new or expanding aggregate operations, as a precautionary measure, would improve land use compatibility with sensitive land uses, which, reportedly, is the stated objective of MECP's proposed Land Use Compatibility Guidelines.