Superior Fine Papers has not removed chemicals from site
November 5th, 2011 | Posted in Environmental News | No comments »
Once again, dangerous chemicals have been left behind in a closed paper mill with no power, no heat, and with winter approaching.
This time it is the Cascades/Thunder Bay Fine Papers/Superior Fine Papers mill in Thunder Bay, Ontario.
History of the Mill
The paper mill is 90 years old and sits on the shore of Lake Superior in Thunder Bay.
Cascades operated the mill from 1993 until 2006 when the company decided to close the mill due to unfavourable economic conditions.
The mill was purchased by Thunder Bay Fine Papers in 2008 for $1. With $45 million in government grants, loan guarantees, investments from local investors, and even $4.5 million from Cascades who decided to contribute to the mill’s start-up costs, the mill restarted in 2008.
The triumph was short lived. After operating for less than 3 months, the mill was idled.
A receiver took over the mill in October 2008, and Thunder Bay Fine Papers evaporated, leaving local business owed over $3 million. A local group of investors joined together to form Superior Fine Papers, and purchased the mill back from the receiver early in 2009, just as it was about to be sold for scrap to a recycling company.
Superior Fine Papers purchased the mill for $2.75 million. $750,000 was paid on closing, and the remaining balance was made payable by a promissory note for $1.75 million, repayable 6 months after closing by a vendor-take-back mortgage.
In July 2009, the Ontario Ministry of the Environment notified Superior Fine Papers, and the former owners of their facility – Thunder Bay Fine Papers and Cascades, that they were required to make immediate repairs to the mill’s industrial sewage works. They were concerned with a crack in the berm wall of the lagoon that could allow sludge and waste water to enter Lake Superior.
Superior Fine Papers, Thunder Bay Fine Papers, and Cascades jointly launched an appeal against the work order.
Why did all 3 companies appeal the environmental work order?
Cascades Fine Papers argued that it was no longer responsible for the Facility, having sold it almost two years prior, and subsequently paying Thunder Bay Fine Papers $500,000 to discharge Cascades Fine Paper’s responsibilities in relation to dredging the lagoon. And their parent company, Cascades Inc., claimed they were not responsible because they didn’t own the mill, Cascades Fine Papers did.
Superior Fine Papers argued that they could not take care of any environmental concerns because they did not have the financial ability to pay for any of the work.
All of Thunder Bay Fine Papers assets were distributed when the company was bankrupt, so no funds would be available for the environmental clean-up.
Environmental Tribunal Decision
An environmental review tribunal decided in May 2011 that the environmental concerns of the idled Thunder Bay Fine Papers mill are the responsibility of its former owners: Superior Fine Papers and Cascades Fine Papers Group.
The tribunal found significant environmental risks at the site, in particular:
- threat of breach of the berm
- possibility of another fire in the bark pile
- presence of significant volumes of dangerous chemicals both inside the mill building and in outdoor storage tanks
Until these risks are permanently addressed, the electricity must be kept on, and two security guards must secure the site at all times.
Superior Fine Papers says it can’t pay
Superior Fine Papers said it wasn’t purposely not complying with the orders from the Ministry of the Environment, but they were not in a financial situation to comply. The power company would not reconnect their electricity without a financial guarantee, the company could only afford one security guard, and the company was not in a financial position to hire a consultant to carry out the environmental orders.
Superior Fine Papers said they are not able to sell their assets to pay for the environmental clean-up because they still had a mortgage on the property for $1.96 million.
Even if the mill was sold for scrap (estimated to be worth $3.5 million in scrap metal), the Director’s orders requested the company to contribute $5 million in financial assurance towards the clean-up, so they would still not have enough money.
The environmental tribunal in May 2011 discussed that while Superior Fine Papers was crying poor, it had received nearly $700,000 in tax rebates from the city of Thunder Bay, and had spent only $100,000 of that money on environmental clean-up.
The Truths behind Superior Fine Papers
The Director of the Ministry of the Environment said in May 2011 that there was no way it was going to let Superior Fine Papers off the hook for all the environmental clean-up responsibilities just because it said it was too poor.
And here are some of the reasons why:
- Superior Fine Papers is a company backed by sophisticated business people who have loaned it a total of roughly $2.1 million (yet all remain anonymous)
- These business people were investors in Thunder Bay Fine Papers and, therefore, well aware of the environmental issues associated with the site and with the business risks associated with the business
- Andrew Sinclair, President of Superior Fine Papers, while working for his father’s company EKT90, did work on the mill for Thunder Bay Fine Papers to make the mill operational again
- Andrew Sinclair was then himself CFO of Thunder Bay Fine Paper for a brief period before it went into receivership, and therefore presumably aware of the financial risks associated with the business
- The Sales Information Package prepared by the receiver for Thunder Bay Fine Papers, highlights the environmental risks associated with the Site and emphasizes that the site is to be sold “As is, where is”
- The Sales Information Package refers to a Phase I environmental assessment report, yet Superior Fine Papers never requested a copy of the report prior to purchasing the site and, apparently, never did any environmental due diligence of its own, despite its knowledge of the environmental issues on the site.
- Superior Fine Papers own business plan highlights environmental risks associated with the site and notes the failure of the two previous owners of the mill – Cascades and Thunder Bay Fine Papers – to make money running the mill
- Superior Fine Papers purchased the mill and associated assets on an “As is, where is” basis, knowing that it needed a further $35 million in financing to resume operations, and knowing that it did not have sufficient cash in hand to address the environmental problems on the site, even by its own estimates
- Superior Fine Papers did stand to gain financially if it managed to make a go of the operation
What are Cascades Responsibilities?
Cascades, as former owner of the site, has been ordered to:
- Remove the bark pile waste and restore the site in that vicinity
- conduct the geotechnical assessment and monitor the Lagoon berm until this assessment has been completed
Cascades was not required to provide money as financial assurance the work will be completed because the tribunal found no reason that would suggest Cascades would not comply.
Cascades was found to be not responsible for maintaining the site now, including the electricity and security. Cascades removed all hazardous chemicals from the site before selling the mill to Thunder Bay Fine Papers.
And Now What?
It’s been over two years since the environmental orders were issued to Superior Fine Papers.
After an extension had been given, the chemicals were to have been removed from the Superior Fine Papers site by October 31, 2011 but the Ontario Ministry of the Environment said this has not happened.
“This in fact is a very serious matter,” said Lisa Brygidyr, spokesperson for the Ministry of the Environment.
“Its especially worrisome with winter temperatures arriving soon. If they are in portions of the mill that are not being heated, there is a concern if the chemicals freeze, the containers could crack and there could be a spill,” she said.
“The chemicals need to be removed in order to protect a risk to the environment and to Lake Superior.”
Last year the buildings storing the chemicals were heated through the winter.
The Ontario Ministry of the Environment is currently evaluating the current options and repercussions for Superior Fine Papers for not cleaning up the site. Brygidyr said it is possible the Ministry will put out a tender for cleanup, and will give the bill to Superior Fine Papers.
Sources:
Previous ForestTalk.com coverage of Thunder Bay Fine Papers
Previous ForestTalk.com coverage of Superior Fine Papers
Response to Superior Fine Paper’s Appeal to the Provincial Officer’s Order – July 24, 2009(link)
Environmental Review Tribunal – Superior Fine Papers Inc. v. Director, Ministry of the Environment – September 11, 2009 (link)
Environmental Review Tribunal – Superior Fine Papers Inc. v. Director, Ministry of the Environment – November 10, 2009 (link)
Environmental Review Tribunal – Superior Fine Papers Inc. v. Director, Ministry of the Environment – November 23, 2009 (link)
Environmental Review Tribunal – Superior Fine Papers Inc. v. Director, Ministry of the Environment – December 10, 2009 (link)
Environmental Review Tribunal – Superior Fine Papers Inc. v. Director, Ministry of the Environment – December 22, 2009 (link)
Environmental Review Tribunal – Superior Fine Papers Inc. v. Director, Ministry of the Environment – April 26, 2010 (link)
Environmental Review Tribunal – Superior Fine Papers Inc. v. Director, Ministry of the Environment – May 20, 2011 (link)
Environmental Review Tribunal – Superior Fine Papers Inc. v. Director, Ministry of the Environment – August 25, 2011 (link)
Cleanup incomplete (TbNewsWatch)
Just earlier today we were discussing how much Thunder Bay Fine Papers owes, to several different companies.


