Harbour disposal may not be legal
November 6, 2005

The annual report of Ontario's Environmental Commissioner calls into question the legality of current plans for the most toxic part of Hamilton Harbour. Gord Miller makes the reference in a review of the provincial legislation to block a scheme to dump Toronto's garbage into the Adams Lake former mine site in northern Ontario.

Collecting sample of coal tar blob floating above Randle's Reef, in Hamilton Harbour.

The new law prohibits anyone "from using, operating, establishing, altering, enlarging or extending a waste disposal site where waste is deposited into a lake that is at least one hectare in area". Miller's report notes that "it is unclear how this decision will affect projects such as the confined disposal facility in Hamilton, which involves disposal of contaminated sediment within a structure in the waters of the harbour."

The reference is apparently to a proposal to cover up the Randle's Reef coal tar deposit lying on the floor of the harbour just off the western end of Stelco. The deposit has been described as Canada's second most toxic site (after the Sydney coal tar ponds in Nova Scotia ) and is believed to be the source of PAH contamination that is slowly spreading across the harbour.

A key focus of the harbour remediation plans for more than a decade, the site has gone through a string of cleanup proposals including dredging and then treating and/or burning the material. The current plan calls for filling in the area with dredgings from other toxic hotspots in the harbour and eventually capping it with clean fill to expand the port lands.

But as Miller suggests, this would involve dumping contaminated material (the dredgate) and appears to violate the Adams Lake Mine Law which amended the provincial Environmental Protection Act to prohibit such dumping.

The legislation may also open to challenge existing practices of the Hamilton Port Authority which operates already existing confined disposal facilities along Eastport Drive. Residents of the nearby beach community have threatened to take legal action to block this practice.

The Environmental Commissioner's report and related documents are posted at http://www.eco.on.ca/english/newsrel/05nov01.htm.