Despite pressure from the City of Kawartha Lakes, the Province won''t tighten the rules for reclaimed asphalt pavement in the Oak Ridges Moraine.

Currently, only former Emily Township has a bylaw to deal with recovered asphalt pavement (RAP).

"Our bylaw said RAP had to be under cover with an environmentally sound base," said Ward 15 Coun. Gerald McGregor.

When the city was negotiating the bylaws for the Oak Ridges Moraine portion of the city, which covers the lower 40 per cent of the former Manvers Township, council wanted to include the RAP bylaw.

However, the the Ministry of Municipal Affairs and Housing said no because because that''s more restrictive than the Oak Ridges Conservation Plan allows.

The City further attempted to press the issue, but was informed last month that a decision had been made. The RAP provisions will not be part of the bylaws covering the moraine portion of the city.

Coun. McGregor said he''ll put forward a motion to extend the bylaw to the rest of the city before the end of the year.

"In these times of environmental trouble, I''m sure it will pass,"he said.

"Then we''ll have part of the City being environmentally sensitive and the other part, the Oak Ridges Moraine which was founded to protect source water, unprotected. Where''s the common sense?"

Council has been united in asking the provincial government to include the RAP bylaw.

Coun. McGregor said he''s not against recycling asphalt, he thinks that''s a good thing. But he said every time there''s a spill or leak, whether its oil and gas or something else, toxins are left on the asphalt. When it rains, those materials will leach into the ground, possibly contaminating ground water.

"When the road''s broken up, it''s stockpiled. It would be a good thing to recycle if we do it properly,"he said.

If the asphalt is exposed to the elements, he said it will leach into the soil and ground water.

"Why would we leave it in the open when the whole idea is to protect the water source?"

He points out that car washes are regulated by the Ministry of the Environment when it comes to disposing the sand and grime washed off of cars. That byproduct has to be covered.

"Why is a car wash different from a quarry?" he asked.

The provincial government''s decision cannot be appealed, but Coun. McGregor is not giving up the fight.

"I was thinking of challenging them. If we went to the health authority saying we have a problem with the environment, they might investigate it," he said.

If such an investigation were conducted, Coun. McGregor said the health authorities would have to report back publicly.