Aamjiwnaang has issued its own Notice of Violation against INEOS Styrolution and the Ministry of Environment, Conservation, and Parks [MECP] seeking immediate remediation of benzene emissions.
Members of the band council provided an update on Friday, on the state of emergency declared April 25 after the First Nation closed its band office on April 16.
Councillor Janelle Nahmabin said the First Nation wants to be included at decision making tables.
"The Notice of Violation is issued under Aamjiwnaang’s inherent right to self-government and to protect its lands and resources for future generations," said Nahmabin.
She said collaboration is paramount as all parties work toward a healthier environment and home for Aamjiwnaang.
"We weren't consulted on the [benzene limit] numbers allowed by the province," Nahmabin said. "It’s been proven time and time again that excluding Aamjiwnaang from the decision making table has not been most helpful in looking out for our community’s health. That’s noticeable with four orders now and benzene still being a serious concern."
MECP suspended INEOS's Environmental Compliance Approval (ECA) on May 1, and said "despite several previous provincial orders requiring the company to reduce benzene emissions, recent readings at this site continue to be above acceptable levels."
The ministry said this action will ensure the facility, currently shut down for maintenance, fully addresses the causes and sources of emissions. The company must also submit a start-up plan to the ministry for review before they can resume normal operations.
But, Nahmabin said Aamjiwnaang's specific concerns regarding tank storage and ventilation requirements were not included.
She said the health-based standard for benzene is 0.45 ug/m3 [micrograms per cubic metre] and the new additional air monitor by the education building recorded a benzene reading of 191 ug/m3 on April 25th.
"Aamjiwnaang has been working towards our own air standards and now we have a level that would trigger a closure of certain Aamjiwnaang facilities in the event of benzene levels exceeding 27 ug/m3," Nahmabin said. "That is our level for closure. Although this is not an acceptable level for us to breathe in, this is the high number which would trigger a closure of the buildings you see here."
Nahmabin responded to the statement made by INEOS earlier this week claiming the Tashmoo Avenue facility "did not breach its emission limit."
"As for their comment about staying within prescribed limits, know that those are not our limits and the moment benzene emissions cross that road, our Aboriginal and inherent rights are impacted," she said. "We want to be afforded the basic human right to clean air along with every other person here in Canada."
Chief Chris Plain said 37 individuals, who felt unsafe in their homes after high benzene levels were recorded, were provided alternate accommodations for a few days until levels decreased.
"We made that optional, we didn't make it mandatory, we didn't have an evacuation," said Plain. "But, we didn't have true readings throughout the community to determine whether or not people were impacted. So, we were erring on the side of caution."
Plain called INEOS officials "complacent" and said he doesn't think they "recognized the seriousness of this incident."
"We can't really trust that company's word at this point. So, our focus now is dealing with the ministries to make sure that company comes into compliance," he said.
Scott Grant, an air pollution control engineer with C&S Grant Environmental Consulting said the Notice of Violation identifies the failures of the environmental regulators to protect the air quality at Aamjiwnaang.
He said it also identifies history, charts a path for the First Nation to be seen as a primary decision maker to protect the community, and identifies specific air pollution control recommendations.
