City suing York Region over Big Pipe

PICKERING — The City of Pickering is officially raising a stink.

Pickering is suing York Region for allegedly breaching the memorandum of understanding signed between York and Pickering in 2005 when plans to expand the ‘Big Pipe’ were discussed.

The York-Durham sewage system, or the ‘Big Pipe’, was built in the 1970s to carry waste from York Region into south Pickering for treatment at the Duffin Creek Water Pollution Control Plant, owned by York and Durham regions.

York currently plans to expand the pipe to accommodate its growing population.

The expansion will require an odour control facility, which was originally set to go near the Cherrywood West subdivision in Pickering. However, York moved it just into its own region on the west side of the York-Durham Townline, north of Taunton Road, after receiving strong resistance from Pickering and Durham councils and residents who felt they weren’t properly consulted.

This new location was agreed upon without Durham council’s approval during the summer recess.

“As a result, the City continues to disproportionately bear the risk of potential negative impacts, while York Region proposes to disproportionately receive the benefits of the undertaking,” said lawyers representing Pickering, Rubinoff Fogler and Peter W.G Carey.

Erin Mahoney, York’s commissioner of environmental services, however, said it will cost York “millions of dollars” to move the odour facility to York, but it chose to do so to satisfy local concerns.

The notice of application from the City accuses York of breaching its duty in fairness and to consult with residents, property owners and the City as part of the memorandum.

Ms. Mahoney maintained York has continuously consulted residents, Durham Region and the City through numerous town hall meetings, neighbourhood sessions, advertisements, welcoming comments, and door-knocking. She said York plans to “vigorously” defend the suit.

“We assessed 13 alternative routes,” she said. “Not only do we think we’ve consulted with the public in a meaningful way; the Province has agreed with us.”

The Ministry of the Environment has seen the environmental assessment and gave York the OK to go ahead with the project.

But, according to Ms. Mahoney, York knew the suit “was in the mix of possibilities” since Pickering told York in a letter in October the City wanted its concerns addressed and threatened legal action if they weren’t. York responded, but denied any breach and refused to reconsider its position.

A number of residents have been involved and opposed to the issue, and community group Stop the Stink has held a number of meetings and collected thousands of signatures in opposition to the plans.

“I personally am quite ecstatic that the City has acknowledged this is not just one community that will face problems, but the entire city of Pickering,” said resident Devi Gopalan.

She said Stop the Stink, unsatisfied with the ministry’s review, has started a letter-writing campaign to further oppose the facility.

“We’ve looked at the MOE’s review of the matter and we’re quite disappointed,” she said.

The letter stated a number of problems with not only the MOE’s assessment of the environmental process, but with York’s actions in general.

“The only solution that is acceptable to me is that the Minister of Environment rejects the proponents’ SEC EA in its entirety and requires the proponents to fully meet all the requirements for this undertaking,” the letter said.

If not, the matter should referred to the Environmental Review Tribunal, it said.

Ms. Gopalan hopes to get 5,000 letters to the MOE by Friday, Nov. 20.

The case is scheduled to be heard in superior court in Whitby on March 1, 2010.