CBC
Thu, January 4, 2024
The American Iron and Metal scrapyard in Moncton, pictured here on Nov. 14, as well as the Fredericton and east Saint John sites, must meet National Fire Code limits on size and distance between scrap piles by Feb. 7 under the agreement. (Roger Cosman/CBC - image credit)
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 But the Moncton hearing has been cancelled as AIM has withdrawn its appeals.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.
Crews are focusing on making sure the fire in one pile of scrap doesn't spread to other piles.
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.
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