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September 21, 2000
GUILTY PLEA SKEWERS ATTEMPTS TO PREVENT A FEDERAL ENVIRONMENTAL ASSESSMENT
Hamilton Toxic Dump in Path of Red Hill Expressway

On September 18 Hamilton officials admitted they have been hiding the existence of a major toxic landfill that sits in the path of the proposed Red Hill Creek Expressway and they have failed to prevent PCBs, ammonia and organic pesticides from leaching into Red Hill Creek. They pleaded guilty to charges under the federal Fisheries Act and the Ontario Water Resources Act and agreed to pay $450,000 in fines, as well as spend up to $11 million to remediate the toxic landfill site.

The Rennie Street dump lies directly in the path of the proposed Red Hill Creek Expressway. In August 1999, the Regional Municipality of Hamilton-Wentworth launched a federal court challenge to block the holding of a Panel Review federal environmental assessment of the proposed expressway. The Region is arguing that the Canadian Environmental Assessment Act does not apply to the completion of the Expressway, and that no review is required under the Act.

As of August 18, 2000, the Region has spent $1.787 million for its court challenge which is scheduled to be heard from November 27 to December 1. Evidence accepted in court on September 18 revealed that the existence of the Rennie Street landfill has been known since at least 1989 when consultants hired by the Region examined the site in relation to the expressway project.

In 1994, the Region hired another set of consultants in response to a scaled-down road proposed by David Crombie. Those consultants also examined the Rennie Street Dump site and advised the Region that it would require major cleanup costs. Curiously, neither set of consultants mentioned the large number of visible leachate seeps, nor provided any information on the toxicity of these seeps.

The Harris government announced funding for the expressway project in 1995 and in 1997 exempted it from any further provincial environmental assessment. Later in 1997, the Region purchased valley lands from the City for use in the expressway project. However, one piece of City land was not purchased — the Rennie Street dump site.

In 1998, a new consultant study done for the Region reported that PCBs were flowing into the creek from the Rennie site. However, nothing was done to stop the toxic flows until a private citizen laid charges in the fall of 1999.

This history shows that Regional government officials knew about, or should have known about, the problems at the Rennie dump for at least a decade, but that they remained silent as they pursued and obtained an exemption from a provincial environmental assessment of the expressway. They also remained silent when the Region decided to go to court to try and prevent a federal environmental assessment.

This week's guilty plea makes clear at least one reason why Regional officials are doing everything they can to avoid an environmental assessment of their expressway project For more information, please contact Don McLean, Friends of Red Hill Valley (905) 664-8796.


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