By Pepper Parr
September 9, 2014
BURLINGTON, ON.
One of the interesting things about Burlington is the way some people dig in, spend their time and often quite a bit of their money working to save something they think worthwhile or preventing something they think is bad for their community.
The group that has – so far at least – stopped the development of a Niagara to GTA highway that would have slashed through the a large part of the Escarpment is one example; the Friends of Freeman Station – the people that managed to do the work the city couldn’t or wouldn’t do to save the then derelict station from the bureaucrats that were trying to sell it for kindling, is another.
PERL (Protecting Escarpment and Rural Land)managed, after years of work and tens of thousands of dollars their lawyer, we expect, is still waiting to receive, is yet another example of people who do the hard grinding work – with nothing in return other than the satisfaction of knowing they are doing the right thing.
PERL is the organization that prevent the Nelson Quarry from getting a permit to extend the work they were doing. Their story is one of the environmental hall marks of the province that has yet to be fully appreciated.
The most recent “grass roots” organization to bloom is the Rural Burlington Greenbelt Coalition – that has been fighting hard to insert some common sense and respect for individual property rights into the discussion. It was only when a Lowville resident sent the Gazette some information (he doesn’t want his name published for fear that he will be sued) that the story about the fill being dumped on the Air Park property began to be told.
Rural Burlington Greenbelt Coalition meets with Air Park owner Vince Rossi who agrees to take every thing they asked for “under advisement”. It went no further than that – then he started suing.
RBGC has been delegating very effectively and this time, at least for now, it has the city working with them.
Monday evening Roger Goulet delegated to the city’s Development and Infrastructure Standing Committee.
“The Burlington Airport owner is claiming” said Roger Goulet Executive Director PERL “ that there are no safety issues with their imported fill, and that the fill is not adversely impacting the groundwater.”
Goulet went on to say: “Mr. Rossi claims that a number of Ministry and governmental Reports support his groundwater and fill claims.”
“That is a misrepresentation, and draws a conclusion on the imported fill quality not supported by fill test data.
“Environment Canada has told us that they have not issued any report on the Burlington Airpark, contrary to statements made by Mr. Rossi.”
“The Region of Halton has confirmed to us that they never created or issued a report on fill or groundwater quality, contrary to statements made by Mr. Rossi.”
“The Ministry of the Environment Climate Change unit (MOECC) comment on the Pinchin reports states that “there is no groundwater impact “at this time””. Be aware that the monitoring wells are at the Airpark property boundary. If any contaminants of concern exist, it could be years, even decades, for these contaminants to migrate through the fill, to the monitoring wells.
“A negative test result on groundwater does not necessarily prove that the imported fill itself is “clean” of contaminants. Groundwater quality is an indicator of contamination.’
“ The only way to conclusively know whether the imported fill meets “clean fill” guidelines, is to sample and test the imported fill itself” added Goulet.
“Only by doing comprehensive sampling and testing of the fill can we answer the concerns on possible fill contamination, once and for all.”
“Why hasn’t this been done?” he asked
“Why isn’t the MOECC ordering that fill testing be done?
Historically – this is an important picture. On the left at the rear is Burlington staff lawyer Blake Hurlet, in front of him is lawyer Ian Blue who argued the city’s Air Park case at both Superior Court and at the Apellate Court – he won both times. Hurley was the person who supported Blue on the city side. The big guy in the suit is Scott Stewart, General manager who led the city in its battle with the air park. In the rear is Vanessa Warren, the woman who pulled together the community coalition to fight for the north Burlington residents. The three men are, form the right,. Monte Dennis, Ken Woodruff and Roger Goulet. Dennis and Warren were sued by the Air Park for remarks they made that were published in the Burlington Gazette. The Gazette was also sued. None of the lawsuits have gotten to a court room yet.
“Why isn’t the City of Burlington requiring that fill testing be done? After all, the ‘Site Alteration and Fill Bylaw’ requires that imported fill be certified as meeting the clean fill guidelines.”
“In recent MOECC correspondence, they state that fill quality is within the City’s jurisdiction.”
“Once we have representative data on the imported fill quality, the experts can do a complete ecological risk assessment. Without it, the risk assessment is effectively meaningless, with respect to health or environmental effects.”
“If unacceptable risks are found, a remediation plan can be developed to appropriately deal with the affected area(s).”
“If no unacceptable risks are found, then we can focus on correcting the adverse negative impacts on neighbouring properties and surrounding environment.”
“The damage done must be made right, and measures taken to prevent further negative impacts.”
“With regards to off-site adverse impacts, the MOECC has a clear mandate.”
“Why then is the MOECC not acting to order corrective and preventative actions?”
“The Airpark neighbours have rights too. One of these rights is not to suffer damages as a result of others.”
“Lastly,” said Goulet, “PERL and RBGC support a stronger ‘Site Alteration and Fill’ Bylaw. The abundance of excess fills across the HGTA needs to be regulated at the Municipal and Provincial levels.”
“The quality and quantity of excess unwanted fills must be controlled, especially for contaminated fills and soils.”
“Site alteration must be regulated.”
“The consequences of no clear regulatory regime resulted in the Burlington Airpark landfill.”
“The City Site Alteration and Fill Bylaw must apply to all imported fills, including for airparks and quarries.”
“The Nelson Aggregate quarry has imported tens of thousands of truckloads of fill into a below-the-water-table open pit mine. The imported fill is in direct contact with the groundwater aquifer.”
“The Provincial Ministry of Natural Resources would claim that quarries are in their exclusive jurisdiction. Where have we heard that before?”
“Do we have to fight every jurisdiction to protect our local health and environment? We hope not.”
Mr. Goulet – you are probably going to have that fight as well.
The Air Park has made a practice of putting out statements that are partly true – they use portions of documents that support their position – the rest – they just ignore. And when someone calls them to account – they sue.
Monte Dennis, a north Burlington resident, wrote a response to a Letter to the Editor by Rossi that was published in the Hamilton Spectator. He has been sued for writing that response to the original letter. The Spectator wasn’t sued for publishing the Dennis letter.
Vanessa Warren – delegating in the past. This time she isn’t releasing her comments to media – they are on the city webcast.
There was a second delegation. Vanessa Warren, one of the best delegators we have seen in some time – stood at the podium and delivered her message – which we, unfortunately, at this time cannot pass along to you.
We asked Ms Warren if she would send us a copy of her delegation “I have to get ‘legal’ to say OK first. No one has covered my “expletive” yet.
And that is what this situation has come to. A man, who owns a company that operates an Air Park has sued private citizens for doing what any citizen should be permitted – nay expected to do – which is comment on public matters, has managed to cow an intelligent woman, who is now reluctant to make a copy of remarks she made in a public meeting for fear that her legal quagmire will get worse than it already is.
Vanessa Warren is a candidate for the ward 6 council seat. Should she be elected – would she sit there mute whenever Air Park matters are being discussed?
This is all so disturbing and sad.
Links to previous articles:
Fill being trucked into Air Park – still
A comment was made at the D&I committee, referred to above, that the Burlington Airpark issue has been a contagious plan for a long time.
Very interesting to compare this issue with the Pickering Airport issue:
– The Burlington Airpark has been a contagious plan for LONGER than the Pickering Airport which was announced in 1972 and shelved in 1975. Three years, however additional 5 years for last of property settlements for a total of 8 years.
– The grief and anxiety was inflicted on a large number of people in Pickering, however the same grief and anxiety is on a few people in Burlington.
– The Burlington Airpark was purchased in 2006 and it has been 8 years with only vague plans, little communication, questionable use of soil testing results and little community involvement.
– Pickering Airport had continuous community involvement.
– Pickering plans included surrounding land impacts with plans, while Burlington Airpark’s impact on surrounding environment, water runoff/drainage/noise etc., in my opinion, is amateurish or lacking.
– Eight years and counting and NO talk of settlement for victims on the horizon.
– Pickering Airport attracted National attention as has the Burlington Airpark.
I found these comparisons interesting, however there are probably more.
Whatever happened to free speech
Vince Rossi happened – that’s what.