The Canadian Environmental Law Association (CELA) and Lake Ontario Waterkeeper intervened in the Hamilton Beach site court hearing on May 23, 2018. The implications of the court’s decision will fundamentally affect the implementation of the Environmental Protection Act in Ontario.
In particular, it will determine the scope of section 18 of the Act and the future of contaminated site clean up in this province.
After Ontario’s Spill Action Centre was informed about buried metal drums on the property, further investigation revealed volatile organic compounds migrating off-site. This includes a nearby tributary draining into Lake Ontario.
Under section 18, the Director, Ministry of Environment and Climate Change issued an order to delineate the contamination migrating from the site, currently used as a warehousing facility for Hamilton Beach Brands Canada Inc.
The four orderees then filed an appeal with the Environmental Review Tribunal, prompting the May 23, 2018 hearing. A decision is expected from Divisional Court in the coming months.
This intervention is about protecting the public’s right for swimmable, drinkable, fishable water.
To read more about the intervention visit CELA’s website, here.
Also, find the appeal on the Environmental Registry, here.