Environmental Bureau of Investigation 

THE HAMILTON SPECTATOR, Wednesday, November 10, 1999
Environmental group will reveal Red Hill charges
 
       A private environmental enforcer has turned its attention to  Hamilton. 
 
        The Environmental Bureau of Investigation (EBI), a grandiose name 
        for a mostly volunteer group that dares to go where provincial 
        government enforcers aren't, will be in town today to announce a 
        private prosecution. 

       The group, which is getting help from the Sierra Legal Defence 
       Fund, will identify who it intends to prosecute for alleged PCB 
        discharges into Red Hill Creek. The charges would be laid under the 
        federal Fisheries Act and the provincial Environmental Protection 
        Act. EBI has prosecuted the City of Kingston over Fisheries Act 
        violations that resulted in a $150,000 fine against the city. It has 
        another prosecution under way against the province. The local 
        prosecution will be announced at the Brampton Street footbridge over 
        Red Hill Creek. 
 
        "We work with (local) groups and if we find a situation where there 
        are offences under the Fisheries Act or EPA, we put together a case," 
        said Mark Mattson, a lawyer and the group's lead investigator. The 
        group takes its evidence to a justice of the peace and formally 
        swears charges. Such private charges are allowed by law, but whether 
        prosecution occurs is up to the provincial Crown. 
 

THE HAMILTON SPECTATOR, Thursday, November 11, 1999
City charged over PCBs

Sharon Oosthoek 

 
Burke Austin points to possible PCB runoffs along the Red Hill Creek near Brampton Street.
An environmental watchdog has accused Hamilton of permitting toxic runoff from the city's Rennie Street works yard to seep into the Red Hill Creek.Hamilton's 1999 environmentalist of the year Lynda Lukasik, acting with the volunteer Environmental Bureau of Investigation, filed private charges this week against the city under Ontario's Environmental Protection Act and the federal Fisheries Act. 

Members claim Hamilton has known for at least 18 months that PCBs and toxic levels of ammonia are seeping into the creek. 

And environmentalists say that levels of the poisons are so high that test fish dipped in the leachate died within minutes. 

Correspondence from former city public works commissioner Doug Lobo in August 1998 acknowledges the provincial environment ministry's concerns about polychlorinated-biphenyl contamination from the Rennie Street works yard. He states Hamilton plans to confirm provincial test results and take "the necessary remedial measures" to stop toxic seepage into the creek. 

The Environmental Bureau of Investigation held a news conference yesterday at the Brampton Street footbridge over the Red Hill Creek to announce the charges. The Sierra Legal Defence Fund will represent environmentalists in the prosecution of the complaint. 

Hamilton aldermen -- in particular the politicians who represent east-end Ward 4 --were caught off guard by the allegations and the charges. They were also unaware of the concerns expressed by the environment ministry about PCB contamination from the works yard. 

Alderman Dave Wilson represents the area. Chad Collins heads the transport and environment committee. They say that out of all city aldermen, they at least should have been made aware of problems at the yard. 

"It's safe to say neither of us are happy," Wilson said. 

"Clearly no discharge is acceptable. I know there are problems with the Brampton Street landfill (a closed dump just downstream from the works yard) but I wasn't aware of any problems from Rennie Street." 

About 30 area residents attended the news conference. 

The EBI, made up mostly of volunteers, has successfully prosecuted the City of Kingston over Fisheries Act violations. It was a two-year-long process but the city was eventually fined $150,000. 

The maximum fine for charges against the City of Hamilton is more than $2 million. 

EBI investigator Mark Mattson said he gathered samples from leachate seeping into the Red Hill Creek over the course of six days this summer. 

Mattson told residents he was shocked by the levels of PCBs and ammonia found in the samples -- PCBs were "thousands of times" over provincial water quality objectives and ammonia in concentrations lethal to fish. 

That did not surprise some residents, who say they've called the city several times about their worries over leachate from the works yard. The yard was built next to a small landfill that was closed in the 1960s, before authorities began keeping records. 

Area activist Burke Austin is especially worried about the implications. 

"For years, I worked to have the trail and bridge installed across the creek so that citizens could have access to it, and now I am so worried because I know that many children are playing in this polluted area and there are no signs to warn them," Austin said. 

Lukasik says she would like to see the city post warnings in the area to keep people away until it can be cleaned up. 

In the meantime, residents say they're looking for answers as to why the city hasn't acted on their concerns. 

Both Wilson and Collins say they have received calls about the Brampton Street landfill, but not about Rennie Street. The aldermen expressed frustration yesterday they'd not been made aware of discussions between city and ministry staff over the landfill. 

After discussions with city staff yesterday, Wilson said city workers had isolated a leachate source in May. They spent $10,000 to dig out PCB-contaminated soil at the site, cap the source and ship the soil to Quebec, where it was treated. 

City workers have since found other sources of leachate. Ministry of Environment staff are also investigating water quality around the site. 

 

THE HAMILTON SPECTATOR, Friday, November 12, 1999
Agostino demands probe of toxic Rennie St. runoff

Jon Wells

 
Map 
 
Hamilton East MPP Dominic Agostino wants a provincial investigation into why the elimination of toxic runoff from a works yard and former dump on Rennie Street wasn't pursued more aggressively by the city or Ministry of the Environment.The controversy has resulted in privately laid charges against the City of Hamilton by an environmental watchdog, backed by the Sierra Legal Defence Fund. 

"We need an independent investigation to assess who knew about the problem, what action was taken, and who screwed up for this to carry on this long," said Agostino. His riding includes Rennie Street in the city's northeast. 

About 18 months ago, the provincial ministry detected PCBs and toxic levels of ammonia seeping into Red Hill Creek, originating from land along Rennie Street -- property which has been used as a public works yard since a landfill on the site was closed in the mid-1950s. 

The ministry sent a letter to the city in May 1998, expressing concern about polychlorinated-biphenyl contamination on the site. Former commissioner of public works Doug Lobo responded with a letter in August 1998, saying evaluation and remediation would address the issue. 

No work was done until last May, one year after the ministry's letter, when the city says $10,000 was spent to dig out some PCB-contaminated soil at the site and take it to Quebec for treatment. 

At issue is whether the city and ministry acted promptly, and why elected city officials were allegedly never told about the problem. The upshot could be as much as $2 million in fines against the city, which is the maximum penalty that can result from the charges. 

There is also the issue of health impacts related to the toxic runoff. These impacts are unknown, particularly given the largely inconclusive research on limited human exposure to PCBs, but of no less concern to local residents. 

"These are serious allegations," said Agostino. "Kids play in that area. To allow toxic material to flow there without anyone taking concrete action is gross negligence on someone's part." 

Ward 4 Alderman Dave Wilson, whose ward includes Rennie Street, said of the PCBs: "I don't see them as the massive problem others do. 

"But they are clearly a problem and should be dispersed properly in the environment." 

Wilson and Chad Collins, who is head of the transport and environment committee, claim they never knew about the toxic material, not even as staffers were corresponding with the ministry. 

But clearly aldermen and staff knew for some time that Rennie Street contained contaminated material. 

A consultant's report related to construction of the Red Hill Creek Expressway released in July 1998, pointed to the need to remove 2,000 cubic metres of hazardous waste from the Rennie Street site. It said nothing about specific pollutants. 

While the city removed some of the PCB-ammonia contaminated soil in May, environmentalists say this was symbolic remediation at best. 

Lynda Lukasik, Hamilton's 1999 environmentalist of the year, is working with the volunteer Environmental Bureau of Investigation (EBI) to file the charges. She says EBI testing between last June 18 and Aug. 20, well after the city's digging, showed toxic contamination was still prominent. 

"The city dug out some soil with a backhoe and then plugged it up -- it was just patch work," she said. "My sense is, they need to do a complete remediation." 

City officials claim the remediation is a work in progress, and consultants continue to monitor the site to gear up for further action. Yet aldermen were never told of this continued concern until the announcement of the charges this week. 

Moreover, it appears that funding necessary to conduct further remediation has not been included in the city's 2000 capital budget. 

A proposal to allocate $100,000 annually to clean up old city-owned dumps -- like the one at Rennie Street -- was nixed from early budget drafts by staffers before it ever got to aldermen on the budget steering committee. 

Wilson, for one, plans to make a move to reintroduce that funding when the capital budget is debated at council. 

He is upset staff never told him about the PCBs and ammonia. But, apart from this, he believes the city and ministry handled the remediation issue properly. 

He said he discovered yesterday that the two bureaucracies exchanged several letters between January and May, before the ministry gave approval to remove some PCB-contaminated soil. 

As for the 12-month delay from the first letter to the soil removal, he said: "It's as quick as anything (the city and ministry bureaucracy) ever do. A turnaround of a year or less is considered pretty good. It shouldn't be, but it is. 

"It takes time, with all the reports, reviewing paperwork, exchanging comments." 

But Agostino believes "somebody dropped the ball" by not releasing information on the toxic runoff, and for not ensuring an immediate, thorough cleanup. 

The outspoken Liberal MPP is a spirited critic of the provincial government, often attacking its budget cutbacks to ministries. 

He said cuts to MOE staff hurts its response time to situations like those at Rennie Street. 

"The ministry is ultimately responsible. But if the city didn't do what they were supposed to, they should have been charged. And if there was no follow-up, then the MOE is negligent in their duty." 

PCB PRIMER 

* Polychlorinated biphenyls (PCBs) are a group of manufactured organic chemicals that contain 209 individual chlorinated chemicals (known as congeners). PCBs are either oily liquids or solids and are colourless to light yellow in colour. They have no known smell or taste. There are no known natural sources of PCBs. 

* PCBs don't burn easily and are good insulating material. They have been used widely as coolants and lubricants in transformers, capacitors, and other electrical equipment. They went into use 70 years ago, became suspect as a health hazard 30 years ago, and their manufacture was stopped more than 20 years ago when it was determined the substance is carcinogenic. Products containing PCBs are old fluorescent lighting fixtures, electrical appliances containing PCB capacitors, old microscope oil, and hydraulic fluids. 

* You can be exposed to PCBs by: using old fluorescent lighting fixtures and old appliances such as television sets and refrigerators that may leak small amounts of PCBs into the air when they get hot during operation; eating food, including fish, meat and dairy products containing PCBs; breathing air near hazardous waste sites that contain PCBs; drinking PCB-contaminated well water; repairing or maintaining PCB transformers. 

* Health impacts of PCBs have always been a controversial area. PCBs were synonymous with cancer in the 1980s. Protesters in Quebec fought riot police and threw themselves in front of trucks carrying PCBs to prevent their transfer through their town. But it is not known whether PCBs cause cancer in humans. In a long-term (365 days or longer) study, PCBs caused cancer of the liver in rats that ate certain PCB mixtures. 

People exposed to PCBs in the air for a long time have experienced irritation of the nose and lungs, and skin irritations such as acne and rashes. The most recent PCB health debate is whether PCBs cause birth defects or reproductive problems in people, but this is so far inconclusive. 

Animals that breathed very high levels of PCBs had liver and kidney damage while animals that ate food with large amounts of PCBs had mild liver damage. Animals that ate food with smaller amounts of PCBs had liver, stomach and thyroid gland injuries, as well as anemia, acne and problems with their reproductive systems. Skin exposure to PCBs in animals resulted in liver, kidney and skin damage.
 

CTV News and Current Affairs, Saturday, November 13, 1999
A toxic waterway prompts a public outcry in Southern Ontario
    

     ** SANDIE RINALDO: One of Ontario's top environmentalists is taking 
        on City Hall tonight in a battle over a poisoned waterway. Linda 
        Lukasik is accusing the city of Hamilton of turning a blind eye to 
        toxic chemicals seeping into Red Hill Creek. She claims test fish 
        exposed to the ooze died within minutes. CTV's Peter Murphy 
        reports. 

        PETER MURPHY (Reporter): Salmon swim up Hamilton's Red Hill Creek 
        to spawn as people marvel at this ritual of nature. 

        LINDA LUKASIK (Resident): It's amazing that the water doesn't 
        bring them down. 

        MURPHY: But they marvel not that the salmon return but that they 
        survive in such a polluted waterway. Here the creek's banks used 
        to be part of an old waste dump site and today toxic chemicals 
        ooze out of the ground. This leaching, as it's called, flows into 
        the creek, then into Hamilton Harbour and into Lake Ontario, the 
        source of drinking water for millions. This summer concerned 
        citizens had the leachings tested and they were shocked to findit 
        contained highly toxic levels of PCBs and ammonia. Enough ammonia 
        that it killed baby fish in minutes. 

        LUKASIK: One of the samples that we took, we found that the PCBs 
        were 42,000 times the Ontario provincial water quality objective. 

        MURPHY: So Linda Lukasik, who lives close to the creek, filed 
        private charges to get Hamilton to clean up the toxic mess. 

        ELIZABETH CHRISTIE (Sierra Legal Defence Fund): It's a tragedy 
        that individual citizens in Ontario have to take environmental 
        laws into their own hands. 

        MURPHY: As a boy, Stan Lukish watched them dump tonnes of 
        chemicals here. 

        STAN LUKISH (Area Resident): I seen a lot of chemicals dumped 
        here. Like twelve drums in the morning, twelve in the afternoon. 
        And it was all buried here. 

        MURPHY: Hamilton alderman Dave Wilson claims the city didn't know. 

        DAVE WILSON (Hamilton Alderman): We weren't aware of the facts, 
        council wasn't aware of the fact there were PCBs involved. 

        MURPHY: But provincial government tests on this site two years ago 
        found levels of PCBs so high the site qualifies as a toxic dump, 
        and still people play and work on it unaware of the danger. And 
        fish swim and spawn in the nearby creek. Peter Murphy, CTV News, 

        Hamilton. 
 

 


 

THE HAMILTON SPECTATOR, Saturday, November 13, 1999
Hamilton ignored '89 cleanup caution; Ammonia a greater threat than PCB-tainted soil

Wylie Rogers


 A consultant's recommendation made 10 years ago to remove all waste from the Rennie Street landfill site likely would have stopped highly toxic and dangerous leachate from seeping into Red Hill Creek. Golder Associates concluded in 1989 after doing environmental sampling that all waste should be removed before the proposed Red Hill Creek Expressway was built. The waste is still there. 

 "The problem is always the same one," said Dr. George Sorger, a biology professor at McMaster University. "Not enough people know about it, therefore, we quite democratically ignore it." 

Privately laid charges against the City of Hamilton were filed this week by the Environmental Bureau of Investigation (EBI). The organization studied seepage from the landfill and found unusual  levels of PCBs and concentrations of ammonia. Laboratory tests have shown PCBs caused cancer in mice.  PCBs have also been linked to embryo mortality and deformities in wildlife. Sustained, high-level exposure can cause health problems, but the federal health department says short-term, low-level exposure is  unlikely to have significant health effects. 

EBI investigator Mark Mattson said ammonia levels detected during  his group's testing were the highest he has ever seen. "Certainly, these levels would be unjustifiable," he said yesterday. "I have no reason to believe it hasn't been going on for years." 

Sorger said PCB-contaminated soil may pale in comparison to the threat posed by ammonia running into the creek. It's a product of accumulated garbage, sewage or fertilizer. He said fish dying immediately when exposed to contaminated water is a powerful indicator of a problem that needs to be fixed. "If you get a direct toxic effect like that on fish, that says what is coming out of there is very toxic." Ammonia easily dissolves in water and irritates the mouth, throat  and nose. Sorger said the highly toxic levels found in leachate seeping into Red Hill Creek would likely affect the respiratory system. Although he isn't a health specialist, Sorger said, "It would be something that probably affects you through your 
lungs."  According to a 1998 regional report, the Rennie Street property has  been used by the City of Hamilton as a Works Yard since at least 1962. It was used for the storage of construction waste, debris  collected from city roperties, and compost materials. The northwest corner houses a small chemical storage area. 

The report estimates 197,000 cubic metres of waste are on site. Around 1,200 cubic metres of hazardous PCB waste were found. To dispose of only the PCBs would cost an estimated $700,000. The overall cleanup had a projected price tag of $4.2 million.  Within the 1998 report, the findings of several other environmental  investigations were noted. A 1989 report recommended: "...the  removal of all the waste prior to the construction of the roadway (Red Hill Creek Expressway) and relocation of the creek, and  installation of a leachate collection system for the remaining waste. 

** Outspoken environmentalist Patricia Pennzari said councillors  such as Dave Wilson have known about the problem since the early '90s.She says she has correspondence to support her claim. Wilson said  Thursday he was not aware of a toxic material problem. 

Sorger says many studies were done on the neighbouring Brampton  Street Landfill which was experiencing similar problems. Despite public outcry, he says council did nothing. 

Ministry of the Environment spokesperson John Steele says an  investigation started in 1997 to determine the cause of high PCB and  ammonia levels in Red Hill Creek. Hard results came in May 1998. 
A  report was sent to city officials in August 1998 recommending a stoppage of leachate flow and a local investigation. The city hired  a consultant in March of this year. 

As a result, the city says $10,000 was spent to dig out some PCB-contaminated soil at the site. It was taken to Quebec for treatment. "I would say for sure that's just a band-aid solution to a long-time  problem," said Sorger. Steele said the slow remediation process is part of their investigation. He stops short of warning people to stay away from the creek. He does say the allegations from EBI are cause for concern. "Do we have people swimming in Red Hill Creek?" he asked. "No. (But), (high levels of ammonia) could pose a threat to aquatic creatures." 
 

THE HAMILTON SPECTATOR, Monday, November 15, 1999
Hamilton caught flat-footed Lack of a spill response policy is astonishing

Editorial

Hamilton city council's apparent inability to react quickly to pollution hazards is again bringing this municipality the kind of publicity we could happily do without. There is clear evidence that Hamilton needs to be more aggressive in eliminating pollution spills now that a citizens' watchdog, the Environmental Bureau of Investigation, has filed private charges against the city. The incident, involving toxic runoff seeping into Red Hill Creek from a works yard and former landfill on Rennie Street, is a wake-up call. It's essential that the city develop a plan to ensure timely cleanup of hazardous spills.

In our view, the courts are more likely to produce prompt action than a provincial investigation. Liberal MPP Dominic Agostino was predictably quick on the partisan draw in demanding an "independent" government probe. The chances of the Mike Harris goernment calling a probe are almost as likely as an inquiry into the Platimet fire. And the independence of an investigation would be suspect since there are questions about whether the province, not just the city, acted promptly. Science is inconclusive on the risks of limited human exposure to PCBs, but there isn't any doubt about the importance of preventing the discharge of toxins such as PCBs and ammonia into streams.

The handling of the Rennie Street spill, as reported so far, suggests that Hamilton needs to get its act together. It took a year for the city to start cleaning up the site after the provincial environment ministry raised the red flag. The aldermen who represent east-end Ward 4 say they were never told of discussions between city and ministry staff about the issue. Here was a problem that warranted a priority, fast-track cleanup form city council. Instead, action was delayed for a year apparently due to a communications breakdown and the evident lack of a foolproof pollution response policy. This is astonishing, given Hamilton's chronic air and water pollution problems.

Of equal concern, the remediation of old municipally-owned dumps, like Rennie Street, isn't getting the necessary priority. Staff cut a $100,000 annual allotment for landfill cleanup before it reached aldermen on the budget steering committee. That's wrong. By reinstating this money, council will take an important first step in assuring Hamiltonians that it's serious about dealing more effectively with pollution hazards and developing a plan to prevent them.
 

THE HAMILTON SPECTATOR, Tuesday, November 16, 1999
Toxic leak shocks expert

Carolynne Wheeler

Ammonia leaking from a former landfill site on Rennie Street into the Red Hill Creek is 30 to 70 times stronger than that discharged regularly by the region's wastewater treatment plant. "I've never seen levels that high myself, in environmental work, anyway," said Murray Charlton, a research scientist with the National Water Research Institute in Burlington.

The ammonia leaking into Red Hill Creek is in concentrations of 430 to 500 parts per million -- astronomically higher than the six to 16 parts per million discharged regularly by Hamilton's Woodward Avenue water treatment plant.

Last week, local environmentalist Lynda Lukasik and the watchdog group Environmental Bureau of Investigation laid private charges against the City of Hamilton under the provincial Environmental Protection Act and the federal Fisheries Act. They said city officials knew for at least 18 months that PCBs and toxic levels of ammonia were seeping into the creek without taking action. City politicians expressed concern that they had never been alerted to problems caused by the site, which is now a public works yard. And area residents who have fought for the creek's survival said they now worry about their children's health.

Ammonia seeping into water is a problem across the continent. It kills fish and can permanently change the type of plant life able to thrive. In moderate amounts, ammonia is a good thing. The chemical exists naturally in animal manure and human waste and is a valued fertilizer for farmers' fields. But in large amounts, ammonia in air or water is a toxin that kills aquatic life and makes people sick. It isn't clear what ammonia in a stream will do to people. But even at lower concentrations, warns Carleton University chemistry professor Bryan Hollebone, there is likely to be discomfort. Other scientists warn babies and very small children are more vulnerable, since exposure to nitrates -- a breakdown of ammonia -- can limit their blood's ability to carry oxygen.

A more visible problem may be the effect ammonia contamination has on aquatic life. In high enough concentrations, it can kill fish outright; in the case of the Rennie Street site, environmentalists said fish introduced to the leachate in a lab died within minutes. Almost as serious, it can create "dead zones" where aquatic plants and algae feed on the liquid fertilizer and begin to grow at an astronomical pace, taking up all the oxygen and essentially suffocating fish.

The Red Hill Creek finding is also much higher than guidelines used for water discharge from fertilizer plants, ranging from 10 parts per million in Ontario to 35 in Alberta.

However, one thing isn't clear -- how the Environmental Bureau of Investigation measurements compare to provincial guidelines on what is an unacceptable level of ammonia in water. The provincial guideline of 0.02 parts per million measures only the portion of ammonia molecules that are actually toxic, also known as un-ionized, which changes with the water's temperature and acidity. It also takes into account how much the ammonia has been diluted by the water it's leaking into. "The bottom line is they're not supposed to have any ammonia in the water," said John Steele, media officer for Ontario's Ministry of Environment.
 

THE HAMILTON SPECTATOR, Tuesday, November 16, 1999
Hamilton ordered to stop dump leak - Leachate collection system proposed

Rick Hughes

The environment ministry has ordered the City of Hamilton to stop toxic leachate from the Rennie Street dump from going into Red Hill Creek.

The ministry slapped a field order on the city after the seepage into the creek was publicized by local environmentalists working with a private environmental investigation group.

City staff has proposed spending up to $600,000 to build a leachate collection system around the closed dump, which is leaking PCBs and ammonia.

David Adames of the city's communications staff, confirmed the ministry order. Municipal staff and politicians have found money for the collection system in a special reserve fund. The proposal will go to council next week.

The situation has embarrassed the city and forced it to try to explain why it didn't act sooner on warnings about conditions at the dump. Privately laid charges against the city were filed last month by environmentalist Lynda Lukasik after a group called the Environmental Bureau of Investigations gathered evidence and did its own testing.

John Steele, an environment ministry spokesman, said it wants immediate action to control the seepage as well as a longer term solution. "Initially what we want is to have those five point sources capped and, of course, we would expect they would give us a more definite plan about what they intend to do." Steele said the overall objective is clear. "It means stopping the material from entering the Red Hill Creek, whichever waay they deem to be appropriate."

The city maintains the new leachate collection plan has nothing to do with the charges. However, the charges clearly spooked city staff who refuse to talk about the proposal. And when the plan was presented to politicians earlier this week, there was no written material, as is customary. It was a verbal presentation. So details are scarce and it's not clear just how far the plan has been developed.

Alderman Dave Wilson, whose ward contains the dump and who was clearly uncomfortable with the legal restraints he's been advised to follow, is pleased with the action. "That is a recommendataion that is not tied to the charges, I'm told," he said. "It's an initiative that has to go ahead because we have problems aand they have to be resolved." Lukasik said, "It's good to hear that," when told about the city pln. "It looks as though our efforts here are already having an impact."

The order requires the city to take several steps at the dump and the city works yard built over it. They include:
-Installing silt fences to prevent contaminated soil discharges from the site;
-Having hazardous waste on site - basically leachate already collected - removed according to ministry regulations;
-Obtaining a consultant's services for a detailed site investigation and remedial action plan by the end of this month.

The city may already have much of the information required since the site was investigated by consultants hired to workd on Red Hill Creek Expressway studies. Expressway plans call for part of the waste in the dump to be excavated, which would also mean tearing up the collection system. Adames said only a quarter of the system would have to be removed.

The city had its first day in courd yesterday. The case was put over to Jan. 25 when a trial date will be set.
 



 
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