Air Park agrees to stop landfill dumping until the matter of jurisdiction is settled.

By Pepper Parr

BURLINGTON, ON. July 29, 2013.  One side blinked; guess which one?

The City of Burlington and the Burlington Executive Airport have reached a settlement to stop fill operations at the airpark until a decision is made about whether the city has jurisdiction to regulate fill operations through its site alteration bylaw.

According to a city media release, “representatives from the legal teams for the city and the airpark continued discussions over the weekend to try and resolve the dispute. They reached a settlement on behalf of both parties, and together will request that the court endorse the following directions on Friday, Aug. 2:

 that the city’s motion for injunction and the air park’s motion to strike or stay the city’s claim be adjourned pending the outcome of the air park’s court application regarding jurisdiction

that a hearing date for the application from the court be set for a date as soon as possible after Sept. 2, 2013

that the airpark will not bring any fill onto its land other than gravel and pavement grindings for a runway base (not to be mixed with any other fill) and asphalt for paving to allow completion of the work being done to widen a runway and taxiways

that the airpark will permit city staff on site to ensure no fill operations are taking place during the runway and taxiway base preparation and paving work

that the city will not exercise any self-help remedies, such as a prosecution under the Provincial Offences Act, against the airpark during the term of the settlement agreement

that the terms of the agreement will continue to apply until the court makes a decision on the airpark application.

Scott Stewart, the city’s general manager of development and infrastructure, sees this as “a positive step forward in resolving the issue of fill on the Burlington Executive Airport site.”  He added that: “The settlement will ensure that fill is stopped on an interim basis until the disputed matter of jurisdiction can be determined by the court.” 

Up until this recent shift in attitude the Air Park has been one tough customer.  Shortly after a citizen, Vanessa Warren, delegated at city council the Air Park announced that it would be operating until as late as 11:00 pm some evenings while it dumped asphalt scraped from the 407.  They explained at the time that this work had to be done at night because that was the only time the trucks had access to the 407.  That didn’t go down particularly well with the city and the Air Park backed off that idea.

There will still be some trucks entering and leaving the airpark to complete the paving of the runway and taxiway, Stewart said, but truck traffic associated with the deposit of fill will not return until the court matter has been decided.

In the meantime, residents along Appleby Line and Bell School line are asking the office of the Regional Medical Officer of Health to test the water in their wells.

Sheldon said: “My suspicions and worst fears of Mr. Rossi’s mammoth landfill dumping operation have been confirmed by the environmental firm hired by City.  Their report indicates the fill that has been accepted by Mr. Rossi does indeed contain contaminants. 

“Mr. Rossi intentionally piled this fill, in some places at least 30 feet higher than my land, on three sides of my property and in very close proximity to my property line.   Because of the towering elevations he created, Mr. Rossi has recklessly destroyed the natural storm water drainage pattern.  Over the years, I have accumulated a great deal of documented evidence, photos and videos, of filthy surface water flowing onto my land and into my pond.  I also have documented requests to Mr. Rossi, dating back to 2009, that he restore the storm water drainage pattern or at the very least have it professionally engineered to stop the flooding and ponding on my property.  He never did.”

Trucks bring in landfill described as contaminated onto their site south of a residents property. The fill is some 25 yards away from a pond on the residents property. Air Park has committed to stopping the landfill operation while the Court’s work out the matter of jurisdiction.

 “This dumping has been going on for 5 years, so I have grave (appropriate term) concerns about my well, my pond and my land being contaminated – if not already, then soon.  These need to be thoroughly tested immediately and ongoing until the contamination and/or the threat of contamination has been permanently eradicated.  For that matter, all of the landowners in this community need theirs tested as well.  What about those here who farm commercially?  Has Mr. Rossi contaminated their crops and endangered their livestock as well?  And what about the treasured wildlife in this rural area – what happens to them when their water sources are poisoned?  Not only have lives and livelihoods already been destroyed, but the significant natural elements of our rural green belt region have been jeopardized by this thoughtless, greedy man.  I delegated to City Council a month ago that he is getting away with murder.  Truer words I’ve never spoken.”

Sheldon advises her neighbours to call the Medical Officer of Health at the Region and demand to have the water in their wells tested to see just how contaminated it is.