A Magog farmer, Jacques Lamontage, received a non-compliance notice from the Ministry of the Environment for using recycled asphalt on his tractors’ access road.
The farmer built a path with recycled asphalt in 2019 to avoid a 12 km detour. Mr. Lamontagne says that when he drives on the road he has to drive at a reduced speed, which slows down traffic. Currently it is 1km with the path I have made through my country.
Since there is a steep slope, I tried to put gravel in, but it didn’t work, he explains at the Parici l’info microphone. A construction company then advised him to lay recycled asphalt. We tried it and it has worked very well since then. There is a lot of grip and there is no erosion on the track, whereas with the other products there was always erosion and the coating had to be changed every year.
According to the farmer, the notification of non-compliance was made following a complaint from a citizen or a municipal inspector. The farmer emphasizes that there could be asbestos residues and the like.
According to him, in 2019 the law allowed him to use this asphalt, but in 2020 the law would have changed.
I did business with a company to install this product, I was not an outlaw.
He ensures that his path is not surrounded by cultivation.
According to the non-compliance notice, Mr Lamontagne has until October 1 to comply.
But as I told the inspector, “You know, we’ve had a terrible summer, I have to spread my manure and finish my farm work.” He claims that from now on he will be using the road and not his recycled asphalt path.
If he does not comply, the farmer faces fines. He claims to have made representations to both his MP and the Union of Agricultural Producers (UPA) of Estrie to try to keep his path.
No authorization
The Environment Ministry declined Radio-Canada’s interview request. However, in an email he states that Mr Lamontagne started building an access road on his property with asphalt residues for a use and under conditions that do not allow compliance with the planned assessment criteria and without having previously obtained authorization. In fact, the installation of an access road with new asphalt (bitumen) and the utilization of recycled asphalt residues, for example for the construction of an agricultural road, are two different activities. Asphalt residues are materials that arise from the dismantling of roads, storage areas and private, commercial or industrial parking lots. These residues are considered residues within the meaning of the Environmental Quality Act.
It is also noted that the concentration of organic pollutants in recycled asphalt can be high and that certain products may even contain asbestos.
To remedy the situation, the asphalt residue must be removed and transported to an approved location for acceptance.
The ministry also points out that in this case it is only about the type of equipment used. These materials may be replaced with natural aggregates or other materials provided that applicable laws and regulations are followed.