Fight continues to have radioactive mine waste removed from Elliot Lake, Ont. properties
The Canadian Nuclear Safety Commission says the mine waste is outside its jurisdiction
Jennifer Carling wants the Canadian Nuclear Safety Commission (CNSC) to order mining company BHP to clean up radioactive mine waste from her property in Elliot Lake, Ont.
But the CNSC says it's not its responsibility.
Carling and two other families in the former uranium mining town are now part of a court challenge against the CNSC. They argue waste rock from mines fall under the commission's jurisdiction, and that it should submit an order for it to be cleaned up.
Elliot Lake was northern Ontario's uranium mining hub for several decades. Its last mine closed in 1996 and work to remediate those mines went on for another six years. In 2000, BHP acquired historical mine sites that previously belonged to mining company Rio Algom Limited.
WATCH| Jennifer Carling and Kathleen Panton want radiactive mine waste removed from their properties
Natural Resources Canada told CBC News that waste rock from Rio Algom's mining operations was used as fill on some properties in Elliot Lake when the province still regulated uranium mining, prior to 1976.
Natural Resources Canada added in its email to the CBC that mining companies are responsible for managing their waste, and the government of Canada only takes over if the producer no longer exists or if it was a Crown corporation.
But the CNSC does have the power to order a mining company, like BHP, to clean up that mine waste from people's properties.
"It actually made me angry because it's something I can't fix," Carling said.
"Anything else that we have felt has gone wrong with the house we have fixed. We can't do this one. We don't have the licensing to move the material. We don't have access or licensing to store the radioactive material. So I'm helpless and I'm not very good at being helpless."
Radon in the home
Several years ago Carling discovered she had high levels of radon in her home.
Radon is an invisible and odourless gas that is the second leading cause of lung cancer in Canada. It occurs naturally when uranium in rock breaks down, and it can only be detected with testing.
Health Canada says radon levels of 200 becquerels per cubic metre or more are considered unsafe. Carling and some of her neighbours had levels between 460 and 850 becquerels per cubic metre.
After that discovery she had a radon mitigation system installed in her basement that removes the gas.
Carling said subsequently, further testing discovered spots outside her home that had unusually high levels of gamma radiation.
Radiation hotspots
The CNSC says a person should not be exposed to more than one millisievert of radiation in a year. But an expert the Canadian Environmental Law Association hired to measure radiation levels at the three homes discovered levels between eight and 15 millisieverts per year.
Carling said the expert found a couple of hotspots on her property where mine waste was used as fill.
"I understand that 60 years ago or so people didn't necessarily realize the danger or the extent, but the government and Canadian Nuclear Safety Commission are fully aware of the ramifications of all of that these days," Carling said.
"And yes, they have a moral duty and obligation to make sure that our homes are safe."
To make her home safe, Carling wants that fill removed, and safely deposited at one of Elliot Lake's tailings management facilities.
BHP previously told CBC News it started "a detailed review to better understand the complex history of these properties" before any remediation can begin.
In the meantime, the CNSC could order the company to clean up the properties, but it has argued waste from uranium mines falls outside its jurisdiction.
This waste rock is naturally radioactive at levels consistent with the region.- Kavita Murphy, Directorate of Nuclear Cycle and Facilities Regulation
In a public meeting the CNSC hosted in June, Kavita Murthy, the director general of the Directorate of Nuclear Cycle and Facilities Regulation, said the material found on the properties contains "naturally-occurring nuclear substances" and therefore isn't the commission's responsibility.
"This waste rock is naturally radioactive at levels consistent with the region," Murthy said at the public meeting.
"It was not subjected to any of the chemical or physical processes of the nuclear fuel cycle. It is not considered part of the nuclear fuel cycle."
But Jacqueline Wilson, a lawyer with the Canadian Environmental Law Association who represents Carling and the other Elliot Lake families, says the CNSC is responsible for the entire nuclear lifecycle, from mining, to power generation and nuclear waste disposal.
"Our view is that because it's waste that comes from a nuclear facility, uranium mines are nuclear facilities and they're part of the nuclear life cycle that falls under their jurisdiction," Wilson said.
Kathleen Panton, one of the Elliot Lake homeowners with mine waste on her property, said she's frustrated that no one wants to take responsibility for removing that fill.
"It's just, it's a puzzle," she said. "People don't want to be responsible."
With files from Kate Rutherford