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July 12, 2004
WATERKEEPER ARGUES FOR RECONSIDERATION OF EXPRESSWAY APPROVALS
In an article released today, the Lake Ontario Waterkeeper has summarized their reasons for asking the Ontario Minister of the Environment to re-consider the environmental approvals for the Red Hill Creek Expressway. The article notes in part:
In the last two weeks, dozens of residents and non-profit organizations have contacted the Ministry of Environment regarding the Red Hill Creek Expressway. They are asking the Minister to make a decision, following Waterkeeper's request for a review of the project under s. 11.4 of the Ontario Environmental Assessment Act.
"The purpose of this Act is the betterment of the people of the whole or any part of Ontario by providing for the protection, conservation and wise management in Ontario of the environment." --s. 2, Ontario Environmental Assessment Act
Section 11.4 of the Ontario Environmental Assessment Act says that the Minister of the Environment can review approvals for a project if there is a change of circumstance or new information.
This power is in keeping with the spirit of Environmental Assessments - for an EA is more than just one hearing, one report, or one decision. An EA is a process that begins when a project is proposed, continues through the evaluation of its impacts and the terms and conditions that must be met, and does not end until the actual effects of the project are monitored after construction is completed.
When the project was proposed in the1950's, an expressway seemed like a good idea. New highways were very popular in the mid-twentieth century and traffic projections suggested that Hamilton needed a new one. The expressway was approved in 1985 based on the understanding that there would be no impact on the Niagara Escarpment. Funding was withdrawn and re-approved by various provincial governments in the intervening years, until the project was given the most recent green light in 1997.
Waterkeeper has never asked the Minister to stop the Expressway. Rather, we have argued that, since 1997, new facts have emerged and circumstances have changed - so much so that the expressway requires a reassessment under S. 11.4. This argument is not intended to "kill" the project or to vex its proponents. It is intended to ensure that the project only goes forward in a manner consistent with the protection, conservation and wise management of the Red Hill Valley .
Our key concerns are as follows. Since 1997:
- The City of Hamilton has been convicted of environmental offences. Because of its diminished credibility, the province should exercise extra oversight to ensure the best interests of the community are protected.
- There is new evidence to suggest that the valley is home to endangered species.
- The original Environmental Assessment decision clearly stated that the project would have no impact on the Niagara Escarpment. The new project design includes blasting the biggest ever hole in the Escarpment to make room for the highway.
- The Rennie Street landfill must be excavated to make room for the expressway. The landfill site was excluded from earlier assessments. To date, no other community has agreed to accept the waste..
- There is clear public concern about the project - as demonstrated by the number of people who have protested, been arrested, are sleeping in trees, or in other ways expressed their dismay about the highway. Many of these people were not old enough to participate in the original environmental assessment process or not local residents at the time. Their opinions should now be considered.
We are now approaching the one-year anniversary of Waterkeeper's request for a decision - to reassess or not to reassess. The Ministry has continually stated that we should have this decision in the near future, but none has been provided. Its indecision fails to adhere to the meaning of the Ontario Environmental Assessment Act. Further, the Ministry of Environment's lack of respect for the complete Environmental Assessment cycle breeds cynicism in the public and arrogance amongst the developers. Hardly a hallmark of "wise management."
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