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.
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.
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.
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.
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