Investigating concerns over leachate at the Industrial Disposal (Oshawa) Landfill

Article in Oshawa This Week - June 9

2011-06-09T16:45:00.000-04:00

Oshawa landfill poses no health risk: consultant

New report recommends beefed up monitoring for north Oshawa site

By Jillian Follert
Oshawa This Week
June 9, 2011

OSHAWA -- A new report says a controversial landfill in north Oshawa does not pose a public health threat.

The site has been a source of worry for neighbouring residents and local environmentalists after it started leaking a smelly, rust-coloured liquid in 2008.

Last year council hired a consulting firm to investigate the decommissioned landfill -- located near Harmony Road North and Grandview Street -- and offer an opinion on whether it poses a risk.

"We associate unpleasant visual and smells with something that is likely to be harmful," said Tom Mclelwain, who spoke to council members on behalf of Golder Associates. "But in reality there is no demonstrated adverse effect."

The reddish liquid that periodically stains the ground and creates a film on top of puddles and creek water is iron staining, he said.

Council's development services committee was brought up to speed on the status of the landfill at a special meeting Tuesday morning.

The landfill, bounded by Harmony Valley Park on one side and a large residential subdivision on the other, was formerly owned by Industrial Disposal Oshawa Limited and operated from 1957 to 1980, when it was sealed.

When it was up and running, the 35-acre site accepted solid commercial and industrial waste, primarily from General Motors.

Mr. Mclelwain told council members there is "no documented record" of what went into the landfill over the years, but evidence suggests much of it was paper and other "normal" municipal type waste.

However, he also said potentially dangerous materials -- such as paints and solvents -- may have been dumped in 45-gallon drums.

Depending on when they were disposed of, the consultant said those drums may already have rusted and leaked their contents, or could potentially do so down the road.

"I'm really concerned, people are walking in that area, they're walking their dogs and their dogs are maybe drinking out of the creek," said Councillor Doug Sanders. "We don't know what's in there. It could be a cesspool and we don't know."

Ministry of the Environment officials have tested ground and surface water samples and have done visual inspections of the site and reported no troubling results.

Golder Associates also did its own testing and came up with the same findings.

"It's perfectly consistent with the type of leachate quality that you see at other landfill sites," Mr. Mclelwain said.

Councillor John Aker, who chairs the development services committee, said he is satisfied there is no threat.

"We have to depend on these expert organizations and what they have said," he noted. "It's in the hands of the Ministry of the Environment if they want to do anything more."

After the landfill was closed in the 1980s, the MOE issued a certificate of approval but did not require the owner to do any future monitoring or maintenance.

In contrast, any landfill closed today would have ongoing monitoring, inspections, site security and annual reports.

Because of the concerns raised over the site, Mr. Mclelwain said ministry officials now visit at least once a year and have convinced the owner to do some patching and repairs to prevent leachate from seeping out.

But the consultants say more should be done and list a series of recommendations in the new report.

They include installing a series of groundwater monitoring wells, using backhoe excavation to expose and assess the cover protecting the waste to determine whether it is sustainable and doing an elevation survey to create a topographic map of the site.

Golder Associates also recommends annual monitoring program and report and says the MOE should do an engineering evaluation of the existing leachate collection system.

The committee voted to send a copy of the consultant's report to the MOE and ask officials there to provide comment on the recommendations and clarify whether further monitoring and maintenance will be ordered.

Retrieved from http://www.durhamregion.com/news/oshawa/article/178925

Development Services Committee - June 7; Report from Golder Associates

2011-06-09T16:36:00.005-04:00

The landfill was discussed at the June 7 Development Services Committee meeting. From the meeting minutes:

Tom McIelwain, Golder Associates Ltd. Concerning the Industrial Disposal Oshawa Landfill (IDOL), Rossland and Grandview Street North Area

Tom McIelwain, Golder Associates Ltd. addressed the Committee providing an overview of the history of the Industrial Disposal Oshawa Landfill (IDOL) site including its current and historic ownership and uses; a summary of the information known to Golder to exist regarding the IDOL property; a summary of the current understanding related to engineered containment systems; an opinion related to current environmental risk potential of the landfill and an opinion related to the future monitoring/maintenance of the site.

Tom McIelwain advised that his firm was retained by the City in 2010 to review the existing documentation related to the IDOL property and advised that the IDOL property was originally used for a commercial sand and gravel extraction and after the productive sand and gravel unit was fully exploited, the pit was converted into an industrial commercial landfill site. The delegate noted the landfill site was formally closed in 1985 and that an amended certificate of approval was issued by the Ministry of Environment to recognize the closure of the site, but no provisions requiring ongoing monitoring of the environmental status of the site were included. Tom McIelwain advised that it is not known what quantity and nature of waste was placed within the IDOL site.

The delegate provided an overview of the monitoring to-date conducted by various agencies and advised that the Ministry of Environment monitors the site on annual basis, noting no conclusive evidence has been found that would suggest the site has had an “adverse affect” on the Harmony Creek or the surrounding area. Tom McIelwain advised that ongoing monitoring is warranted and offered various recommendations on future monitoring and maintenance of the site.

The Committee questioned Tom McIelwain.

Moved by Councillor Pidwerbecki,
“That the order of the agenda be altered to consider Report DS-11-217, Industrial Disposal Oshawa Landfill (IDOL), Rossland Road East and Grandview Street North Area.” CARRIED

Moved by Councillor Pidwerbecki,
“That the Development Services Committee recommend to City Council:
1. That Report DS-11-217 dated June 2, 2011, be received for information; and,
2. That the Ministry of the Environment be provided a copy of the 2011 Golder Associates report on the Industrial Disposal Oshawa Landfill (IDOL) site in Oshawa (Grandview Street North/Rossland Road East) and be requested to advise the City in writing of its comments on the Golder report, the individual Golder recommendations for additional work and monitoring and whether the Ministry of Environment will amend the existing certificate of approval for the IDOL site to implement the recommendations or to otherwise require the owner of the IDOL site to implement the recommendations or monitor and maintain the site.” CARRIED

----------------------------------------------------------

A public report, Industrial Disposal Oshawa Landfill (IDOL) Rossland Road East and Grandview Street North Area, is available on the City of Oshawa's website (http://www.oshawa.ca/agendas/Development_Services/2011/06-07-Special/%5CDS-11-217-IDOL-Site.pdf).

Dated June 2, this report was brought up at the June 7 meeting.

Improved transparency on Ontario's aging landfills?

2011-01-11T19:54:00.011-05:00

ECO Aging Landfill Recommendation prompts MOE to take action
Posted on December 7, 2010

Source: Environmental Commissioner of Ontario's blog
http://www.eco.on.ca/blog/2010/12/07/eco-aging-landfill-recommendation-prompts-moe-to-take-action/

Aging landfills are a longstanding issue for the ECO. Since opening our office in 1994, we have received hundreds of calls from the public concerned about the potential environmental harm resulting from small and aging landfills. Sharing their frustrations, we voiced our concerns regarding the lack of Ministry of the Environment (MOE) oversight of small and aging landfills in our 2006 Annual Report, and strongly urged MOE to create a publicly accessible inventory of all landfills in Ontario, and to update outdated Certificates of Approvals (C of A) for landfills. These findings were also echoed in the Auditor General of Ontario’s 2010 Annual Report, released yesterday.

We decided to revisit this issue in our 2010 Annual Report and found that our concerns regarding MOE oversight and transparency on landfills remained unresolved. The ministry had lost track of hundreds of aging landfills, which potentially threaten Ontario’s water and air quality. MOE was only inspecting 11 per cent of landfills with Cs of A, while approximately 1000 dumps that closed prior to the creation of MOE were, for the most part, forgotten. The public was still unable to access up-to-date information on landfills, despite MOE publishing an inventory in 1991. Furthermore, a process to update outdated landfill Cs of A still did not exist.

We are happy to learn that in response to the issues raised by both our office and the Auditor General, MOE has begun to work on some good initiatives to strengthen the oversight of aging landfills. Among these is a publicly accessible list of 2,400 Ontario landfills with Cs of A that has been added to the MOE website. This list will evolve so the information can be easily searchable. We have also been assured that monitoring, assessment, and reporting on compliance of landfills will all be improved over the coming months and years. Stay tuned for more information on MOE’s progress in meeting our recommendations and its own commitments for better oversight of landfills.

__________________________________________________________

Following the link from the Environmental Commissioner's blog, you are taken to the Ministry of Environment (MOE) Landfill Inventory Management Ontario (LIMO): http://www.ene.gov.on.ca/en/land/limo/index.php

Under closed landfills, it lists:
Certificate of Approval (CofA) information: A390102, Issued:05/01/1973
Site Information: Industrial Disposal (Oshawa) Landfill
Client: Philips Services Inc.
Site Location: Part Lot 3, Conc 3
City of Oshawa
County, District or Region: Durham

The document containing details of an amendment to the original Certificate of Approval can be found on this site by searching the CofA A390102.

Environmental Commissioner of Ontario releases Annual Report

2010-09-23T09:56:00.003-04:00

Environmental Commissioner of Ontario, Gord Miller, released his 2009/10 Annual Report on September 22, 2010. 'Redefining Conservation' is available online at http://www.eco.on.ca/eng/index.php/pubs/eco-publications/2009-10-annual-report.php.

The full report contains a section on landfills:
Chapter 6 - Rethinking Waste
6.1 - Aging Landfills: Ontario's Forgotten Polluters
6.1.1 - Ontario's Old Dumps: Patch Them Up or Shut Them Down

The Supplement to the Annual Report contains a section on the Application for Investigation into the Harmomy Landfill.
Section 6: ECO Reviews of Applications for Investigation
6.1 - Ministry of Environment
6.1.1 - Alleged EPA Contraventions at a Closed Oshawa Landfill Site
Here (page 315 - 320) the landfill is discussed, covering Background/Summary of Issues, Other Information, Ministry Response, and ECO Comment.

Links to the PDF reports:
Full report: http://www.eco.on.ca/eng/uploads/eng_pdfs/2010/2010%20Annual%20Report.pdf
Supplemental Report: http://www.eco.on.ca/eng/uploads/eng_pdfs/2010/2010%20Supp.pdf

Oshawa City Council meeting - June 28

2010-07-13T20:01:00.005-04:00

IDOL was on the City Council agenda on June 28, 2010. Very little details are listed in the meeting minutes:

Industrial Disposal Oshawa Limited (IDOL), Rossland Road East and Grandview Street North Area (DS-10-140) (All Wards)

Recommendation (CARRIED – See Page 371)

That Report DS-10-140 dated June 9, 2010 regarding Industrial Disposal Oshawa Limited, be received for information and that staff provide further updates as appropriate.

These meeting minutes can be found at http://www.oshawa.ca/agendas/City_Council/2010/2010%20Minutes/2010_06_28_Minutes.pdf

I believe this means that the June Report DS-10-140 from the Development Services Committee has been accepted by City Council. A link to this report can be found in my previous blog.

Article in Oshawa This Week - June 16

2010-06-16T15:55:00.002-04:00

City pushing for update on controversial Oshawa landfill
Several reports, test results expected this fall

Oshawa This Week
By Jillian Follert
June 16, 2010
http://www.newsdurhamregion.com/news/oshawa/article/156353

OSHAWA -- The City of Oshawa is working to get updated information on a sealed landfill that is an ongoing concern for local residents -- but it's slow going.

It was two years ago that environmental advocate Sarah Ross spoke to councillors about potential contaminants in the soil and water near a decommissioned landfill at Rossland Road and Harmony Road North.

Residents living near the site have complained about "orange goo" staining the ground nearby and an orange sheen on puddles of water, and last summer several Oshawa families reported their dogs became ill after walking near the landfill.

After Ms. Ross raised the alarm, councillors directed City staff to get more information from the Ministry of the Environment and Central Lake Ontario Conservation Area, but there haven't been any significant updates since.

Suzanne Elston, the City's senior environmental coordinator, said gathering this type of data typically takes awhile.

"When you're dealing with the Ministry of the Environment, the Environmental Commissioner, a private absentee land owner, CLOCA the City of Oshawa, things take time," she said. "But, I feel very confident that we're heading in the right direction."

In 2008, Ms. Ross and Lake Ontario Waterkeeper independently tested water and soil near the landfill and reported high levels of arsenic, aluminum, lead, copper and other contaminants, which could potentially leach into Harmony Creek and Lake Ontario.

They filed an application for investigation with the Province's environmental commissioner and the ministry of the environment agreed to launch an investigation in January 2009.

The ministry subsequently said there was no violation of the Environmental Protection Act, but agreed to test water from the landfill site and Harmony Creek.

MOE spokeswoman Kate Jordan says that work was completed, with no cause for concern.

"All the results have been safe," she said. "They haven't identified any off-site impact."

She also said there haven't been any orders issued to the owner -- Jim Sinclair, a Mississauga developer -- since he was required to do some cleanup work in 2009.

Mr. Sinclair could not be reached for comment.

Lake Ontario Waterkeeper President Mark Mattson said more needs to be done to keep the public informed on the state of landfills like the one in Oshawa.

"While ongoing sampling at the site is essential, the efforts won't ensure environmental protection unless the public is part of the process," he said. "Transparency demands that the ministry make its sampling results public so that council and Oshawa residents have the information they need to make informed decisions about this, and other, closed landfills in their community."

Ms. Elston said the City expects to get much more information after council's summer recess, when several reports will be finished.

The office of the environmental commissioner has said information about the Oshawa landfill will be included in a report coming out this fall, while a UOIT graduate student who has been collecting samples from the site for two years plans to present findings to council's development services committee in the fall as well.

The City has also spent $1,500 to hire consultants to review all existing documents about the landfill and provide an opinion on potential health risks and the extent of environmental remediation required. That report is also due this fall.

The landfill was originally owned by Industrial Disposal Oshawa Limited and operated from 1957 to 1980, when it was sealed.

While it was operational, the 35-acre site accepted about one million tonnes of solid commercial and industrial waste, primarily from General Motors. A 1992 Ontario Municipal Board decision said liquid waste dumped there included paint sludge, anti-freeze, brake fluid, hydraulic oils and isopropyl alcohol.

Development Services Committee meeting - June 14

2010-06-15T09:51:00.005-04:00

Although responses were expected in the second quarter of 2010, the following remain on the DSC's outstanding items list:
- Sarah Ross - Requesting to Address Committee Regarding Leachate at the Harmony Creek Landfill
- Phil Dunn, Ministry of Environment - Summary of former Industrial Disposal (Oshawa) Landfill (IDOL)

On June 14, the City of Oshawa Development Services Committee discussed the status of the landfill investigation at their meeting. Minutes from this meeting are available at http://www.oshawa.ca/agendas/Development_Services/2010/06-14/2010-06-14-Minutes_DSC_08.pdf, and are listed:

DS-10-140
Industrial Disposal Oshawa Limited (IDOL), Rossland Road East and Grandview Street North Area (All Wards)

This matter was previously discussed at the Development Services Committee meeting held on November 10, 2008 (DS-08-489) when staff was requested to monitor the Industrial Disposal Oshawa Limited site and report back when appropriate.

The Committee now reviewed Report DS-10-140 dated June 9, 2010 from the Commissioner, Development Services providing information on matters related to the Industrial Disposal Oshawa Limited (IDOL) site located in the Rossland Road East/Grandview Street North area.

Moved by Councillor Nicholson,
“That the Development Services Committee recommend to City Council:
That Report DS-10-140 dated June 9, 2010 regarding Industrial Disposal Oshawa Limited, be received for information and that staff provide further updates as appropriate.” CARRIED

The public report from the Commissioner of the Development Services Department, dated June 9, is available at http://www.oshawa.ca/agendas/Development_Services/2010/06-14/DS-10-140-IDOL.pdf. This status report discusses the history of the investigation, communication and current direction. This will now go forward to Council.

Among the details in this public report, various results are anticipated in the fall of 2010:
- The Environmental Commissioner's Office has advised City of Oshawa staff that a report on the IDOL matter will be included in the ECO's 2009-2010 Report which will be issued in Fall 2010
- A UOlT graduate student has agreed to present her findings on the IDOL site to the Development Services Committee when available in Fall 2010
- Golder Associates Limited, who have been hired to consolidate data and knowledge on the IDOL site, will finalize their report in September 2010

Landfill listed as 'outstanding item' by City's Development Services Committee

2009-11-15T11:31:00.004-05:00

City of Oshawa
Retrieved from: http://www.oshawa.ca/agendas/Development_Services/2009/10-26/DS_09_380_Outstanding_Items_Status_Report.pdf

Development Services Committee - October 26,2009

Development Services Committee's Outstanding Items Status Report

Item #50
Subject: Sarah Ross - Requesting to Address Committee Regarding Leachate at the Harmony Creek Landfill
Origin: DSC - June 9/08, DS-08-238
Direction/Comments: Referred to staff to obtain an update from the MOE and to work with other agencies, including CLOCA, and to report back.
Department Responsible: DS
Expected Response: Fourth Quarter 2009 (Awaiting info from MOE)

Item #51
Subject: Phil Dunn, Ministry of Environment Summary of the Former Industrial Disposal
(Oshawa) Landfill (IDOL)
Origin: DSC-Nov 13/08, DS-08-489
Direction/Comments: That staff continue to monitor the situation and report back when appropriate.
Department Responsible: DS
Expected Response: Fourth Quarter (Awaiting info from MOE)

Article in Oshawa This Week - July 22

2009-07-22T14:04:00.007-04:00

More concerns about north Oshawa landfill after dog collapses
Family dog becomes violently ill after diving into orange water, MOE says no health threat.

Oshawa This Week
By Jillian Follert
July 22, 2009
http://newsdurhamregion.com/news/article/131551

OSHAWA -- Mark and Jackie Randall have been taking their dog Bosco to Oshawa's Harmony Valley Park since he was a puppy.

But they will think twice before returning, after a frightening experience left them questioning the safety of an old landfill that sits adjacent to the park.

On June 19, Mr. Randall and the family's four-year-old golden retriever were walking along the border between the park and the private property where a decommissioned landfill lies concealed beneath a hill.

"Bosco saw a frog and chased it into a water hole; the water was a weird orange colour," Ms. Randall said. "All of a sudden he stumbled out with orange all over his face. He dropped to the ground and started vomiting and having diarrhea. His eyes rolled up in his head and he wasn't moving."

Mr. Randall and his son locked arms and carried the 95-pound dog to the car, then rushed him to the vet.

"The vet couldn't determine what caused it, we're waiting for more blood tests next month," Ms. Randall said. "But he's still having health issues. He was perfectly healthy before this. We're just horrified by what happened."

Concerns about the landfill are nothing new.

Residents have been questioning the orange-tinted water and orange stains on the ground for years. Oshawa council has been in touch with the Ministry of the Environment several times about the issue.

But, the MOE maintains there is no threat to human -- or animal -- health.

"This orange staining is typical of older landfills and indicates elevated iron levels which can lead to growth of iron bacteria above typical background numbers. While both iron and iron bacteria are naturally occurring and not likely to result in health impacts, standing water may collect local runoff and promote other bacterial and insect growth," reads a letter the MOE sent to the Randall family.

The landfill sits near the corner of Harmony Road North and Rossland Road East, with Harmony Valley Park on one side and a residential subdivision on the other. It was originally owned by Industrial Disposal Oshawa Limited and operated from 1957 to 1980, when it was sealed.

When it was operational, the 35-acre site accepted about one million tonnes of solid commercial and industrial waste, primarily from General Motors. A 1992 Ontario Municipal Board decision said liquid waste dumped in the landfill included paint sludge, anti-freeze, brake fluid, hydraulic oils and isopropyl alcohol.

The property is now owned by Jim Sinclair, a Mississauga developer who has been convicted on numerous environmental charges. Attempts by This Week to contact him were unsuccessful.

Last fall, the MOE issued Mr. Sinclair an order requiring him to repair seepage on the property.

MOE spokesman Lindsay Davidson said the work was completed in April -- the ground was excavated, new drains were installed to redirect groundwater flow and fencing was installed on the east side of the site.

No other orders have been issued.

"The owner is voluntarily complying with the Ministry requirements," Mr. Davidson said.

As for the Bosco's illness, he said MOE staff sampled the ground and surface water and reported no evidence of off-site impact.

But that hasn't allayed the Randall family's concern -- they want to see signs posted warning park users about the landfill.

"I'm just a lay person, I don't know anything about the levels of toxins or chemicals, but I do know that our dog got very sick after being in that water," Ms. Randall said. "We just want someone to take this seriously."

A comment left on the Oshawa This Week webstite (July 22, 5:19pm)
My dog was sick as well!
I take my dog to the park almost everyday and have been since he was a puppy. Recently he developed and was treated for a hot spot and I was suspicious that it may have had something to do with the water. He also became sick last week with vomiting and diarrhea but has since recovered. This is a major concern for the community. When talking to fellow dog walkers there is a general understanding that the water is regularly tested and deemed safe, but this is obviously not the case. Its a shame that this is happening after people have fought so hard to reserve this leash-free area. My heart goes out to Bosco and the Randall family for having to deal with this very scary situation. Something definitely needs to be done regarding this issue. There is a strong following of dog lovers that use this park frequently and will be demanding answers!

Article in Belleville Intelligencer - April 16

2009-07-22T13:59:00.003-04:00

Sinclair appeal remains up in air

The Belleville Intelligencer
Posted by Luke Henry
April 16, 2009

Convicted polluter Jim Sinclair will have to wait a little longer to learn the outcome of his appeal.

Sinclair and his two companies, Demolition and Recycling Inc. and Thermosets Ltd., are appealing a 2008 conviction on charges linked to Sinclair's development of the former Bakelite property.

He received a four-month sentence and $690,000 in fines.

The former factory site on Dundas Street East at Haig Road was contaminated with toxins such as PCBs.

Sinclair and his companies were convicted of failing to comply with numerous orders from provincial authorities and other related charges.

In a three-hour hearing in Belleville Wednesday, Crown attorney Jerry Herlihy and defence lawyer Gabrielle Kramer eir appeal submissions before Justice Rommel Masse.

They debated matters including whether Sinclair -- who at trial had represented himself received a fair trial, was treated fairly under Canadian Charter of Rights and Freedoms and received a proper sentence.

Herlihy said Sinclair "assumed the risk" of representing himself and "efforts were made to ensure he got a fair trial."

He described Sinclair, though, as a man who held no respect for environmental authorities. Most of the charges on which Sinclair was convicted were failures to comply with orders, Herlihy said.

"The answer, really, from Mr. Sinclair was, 'We're not going to,'" he said. "It was clear he wasn't going to listen."

Herlihy also said Sinclair had break the rules even after he was charged.

"These appellants transformed a marshland into a moonscape," said Herlihy. "It remains unrepaired to this date. These offences were 100 per cent deliberate."

He said Sinclair scoffed that the International Joint Commission, a Canada-United States body overseeing shared waters, "sounds like a pot-smoking party."

"It was clear ... that Mr. Sinclair just doesn't get it," said Herlihy, who ended his two-hour submission by saying the concurrent jail sentences he received were "generous" but "fit."

Kramer countered many of Herlihy's statements, saying Sinclair and his one-man businesses had acted responsibly in removing PCBs from the site and attempting to keep them from flowing off the property and into the Bay of Quinte.

"They were clearly taking active and significant steps to prevent the movement of materials off the site," Kramer said.

She said her client's attitude was commended by Justice Geoff Griffin, charging any bad behaviour was because there were "significant abuses" of his charter rights and Sinclair was under great stress. She said investigators had breached Sinclair's rights by sharing information once investigations had been launched.

Kramer said there was no evidence Sinclair's offences stretched on for the 13-month period described by the Crown and that Sinclair and his companies tried to comply with government orders.

"The defendants were doing their best as a one-man company to meet the demands of the (Ministry of Environment)," she said, adding Sinclair "could not have anticipated" the amount of contamination on his property.

Kramer said there were "significant procedural defects" during past court proceedings and asked Masse to either order a new trial or "impose a fit and proper decision."

Masse noted the need for him to review lengthy court transcripts amid a tight schedule, saying he'd be writing his decision "on evenings and weekends."

He pledged to try to render a decision in a timely manner, but no date for the next hearing was set.

"Don't hold your breath," he said wryly.

Sinclair remains free on bail without conditions.

Application for Investigation

2009-03-17T13:45:00.006-04:00

The Application for Investigation was submitted to the Environmental Commissioner of Ontario on October 27, 2008 and accepted for investigation by the Ministry of Environment in early January 2009. A timeline of the process (and the outcome) is below:

October 27, 2008 - Application for Investigation was submitted to the Environmental Commissioner of Ontario. The Application is available online at http://www.waterkeeper.ca/documents/2008-10-harmonyAFI.pdf

October 30 - Application was referred to Ministry of Environment for consideration.

November 3 - Letter from Ministry of Environment acknowledging receipt of Application. Staff have until January to issue a response - whether they refuse to conduct an investigation.

January 2009 - The Ministry of Environment has decided to investigate the Harmony landfill! This is a promising step forward, because it means provincial attention will be focused on the 'crimes' on this site and potentially hold someone accountable.

March 2009 - The investigation by the Ministry of Environment should now be complete. A response is due in early April, describing their findings.

April 2009 - A letter was received from the MOE detaining their findings. The results of the EBR investigation by MOE staff "do not support the allegation that the onsite leachate seepage is a violation of Sections 6 and 14 of the Environmental Protection Act or that the owner failed to notify the ministry in violation of Section 15 of the Act". Details from the decision can be found online at http://www.waterkeeper.ca/documents/2009-04-Harmony_decision.pdf.

A summary from the Environmental Commissioner of Ontario's website: http://www.eco.on.ca/eng/index.php/ministry-environmental-decisions/decisions-2008-09/moe-i2008011-oshawa-landfill-v4.php
Review of Application I2008011: Alleged Contraventions of the Environmental Protection Act at the Oshawa Landfill/Application for Investigation of Rossland Acres Inc. (Investigation Undertaken by Ministry of the Environment)

Background/Summary of Issues
On October 27, 2008, the applicants requested that the Ministry of Environment (MOE) investigate a possible leachate leakage at the former Industrial Disposal (Oshawa) Limited landfill site, now owned by Rossland Acres Inc. They provided evidence in the form of photographs, showing that over the spring and summer of 2008 an orange-coloured liquid was seeping from the ground on the south-facing side of the site, which has been closed since 1985. They also provided test results for three sets of soil and water samples taken from the affected site over this period of time. The tests revealed levels of several contaminants above both national and provincial guidelines for both soil and water. The applicants argued that the discharges had impaired the quality of the natural environment and might have also rendered the property, plants and animals unfit for human use. They also pointed out that the site is in close proximity to a residential development and that many people walk their dogs in the area. The applicants alleged that the owner of the site was in contravention of the Environmental Protection Act (EPA) in two ways: first, by allowing the discharge of a substance into the environment that may be causing an adverse effect; and secondly, by failing to report this discharge to the MOE.

Ministry Response
After reviewing the application, the ministry decided on January 3, 2009, to investigate. The investigation included further testing of samples collected from the site by the owner, testing of samples taken from Harmony Creek (which flows just south of the site) by the ministry, and meetings with the owner on the site to examine the leachate discharges and discuss remediation measures. The ministry concluded that their investigation did not indicate that the discharge was causing or could cause an adverse effect and that the owner was not in contravention of the EPA, either for allowing the discharge or for failing to report it to the MOE. The ministry also stated that although no offence had been committed, it recognizes the significant concern regarding this issue and will therefore carry out the following activities: a comprehensive examination of the company’s compliance with the requirements of their provisional Certificate of Approval (C of A); surface and groundwater sampling at the site and surface sampling of Harmony Creek; and continued communication with the company to ensure that the latter takes action with respect to mitigating any risks associated with the seepage, repairing the seepage, and addressing its source.

ECO Comment
MOE has promised to report back to the applicants in three months (July, 2009) with the results of these further investigations and activities. The ECO will be monitoring this case and will review the outcome of this application for our 2009-2010 reporting year.

Article in the Belleville Intelligencer - March 14

2009-03-17T13:39:00.004-04:00

Sinclair appeal adjourned to April 15
TRIAL: Environmental polluter was sentenced in December to four months in jail

The Belleville Intelligencer
Posted by Shelby Parker
March 14, 2009

A lengthy argument by defence prevented the Crown from making its arguments in an appeal by convicted environmental polluter Jim Sinclair in Belleville court Friday.

Sinclair's defence wrapped up its case at 5 p. m., preventing the Crown from making its statements.

The appeal resumes April 15.

Crown attorney Jerry Herlihy said he'd hoped to have wrapped up on Friday.

"We didn't anticipate that," he said.

Defence lawyer Gabrielle Kramer spoke to the court that various elements of the Sinclair trial and sentencing deemed, "unfair."

Busted: Investigating environmental crimes - A radio show by Lake Ontario Waterkeeper

2009-01-28T16:26:00.003-05:00

Have a listen to this week's Living at the Barricades, titled Busted: investigating environmental crimes. It features a discussion of the investigation of the Ministry of Environment into the Harmony landfill. The show is described as:

This week Mark and Krystyn question the existence of a two-tiered law enforcement system for environmental crime: one for “urban” areas and one for “pristine” areas. We revisit an Application for Investigation Lake Ontario Waterkeeper submitted in Cobourg, where the government decided not to take action. We also look at another case in Oshawa, where the Ministry of the Environment has decided to investigate the Harmony landfill.

Available online at http://www.waterkeeper.ca/2009/01/28/busted-investigating-environmental-crimes-jan-28-2008/

Global News follow up - Dec 4

2008-12-14T18:00:00.006-05:00

On December 4, Global News Special Reporter Christina Stevens discussed developments (or lack thereof) in the Belleville and Oshawa properties owned by Jim Sinclair. The clip, called 'Environmental Charges', is unfortunately no longer available online.

Sinclair sentanced in Belleville case - Article from the Belleville Intelligencer - Dec 4

2008-12-03T22:29:00.005-05:00

Sinclair behind bars
Land developer gets four-month sentence, $690,000 in fines

The Belleville Intelligencer
By Jeremy Ashley
December 3, 2008

Jim Sinclair stood in stunned silence as handcuffs were placed on his wrists Tuesday.

The usually boisterous 67- year-old demolition man turned developer, was sentenced to four months in jail and handed a total of $690,000 in fines for tearing apart sensitive wetlands and allowing a "toxic witch's brew" of chemicals, including PCBs, to seep into the Bay of Quinte during his rogue attempt to redevelop the former Bakelite property.

Sinclair was taken into custody inside a city courtroom following a lengthy sentencing hearing on 14 environmental charges before Justice of the Peace John Doran.

"Rarely has this court ever seen an individual who has singlehandedly, with such a brazen attitude," caused so much environmental destruction, Doran said.

While ignoring warnings and court orders issued by authorities to stop work on the Dundas Street East property, Sinclair forged ahead, ripping up shorelines and wetlands and digging trenches, Doran recounted, reading from testimony from Sinclair's trials.

The actions were meant specifically to drain contaminants from the 75-acre site and into the Bay of Quinte, which would ultimately result in a more profitable piece of development land, Doran said.

"This penalty must deter not only Mr. Sinclair, but anyone ... who would take similar actions."

The sentence brings to close a case that has been before the courts for more than a year: Sinclair and his two companies -- Demolition & Recycling and Thermosets Limited -- were initially found guilty of the offences last February.

Sinclair has yet to complete any of the $230,000 in remedial work ordered as a result of a separate trial involving federal environmental charges at the site.

Crown prosecutor Gerry Herlihy said Sinclair "plowed ahead with plans to redevelop the entire site and began scraping off the sediments and marshlands right down to the bedrock," shortly after he obtained the property in 2003.

Sinclair shifted untold amounts of chemical-laden sediment around, created channels so toxins could drain into the Bay of Quinte and often accosted environmental authorities, Herlihy said.

The PCBs seeping into the waterway "were a result of deliberate, not negligent, actions," he said. "He is the engine who drives this entire story -- he decided what got done and when."

The punishment for such flagrant disregard required "not just jail for a day, not just jail on weekends, but jail for several months and fines in the six-figure range.

"You will rarely see a case with such outright defiance of governmental authorities ... this was an individual who was going to do things his own way."

Defence lawyer Gabrielle Kramer attempted to paint a softer image of her client, presenting several letters on Sinclair's behalf from friends in the Belleville area.

"He is honest, hardworking and capable of extraordinary acts of kindness and generosity," she said, adding he practises meditation, has been married for 40 years and is the father of two.

"There are some who would describe Mr. Sinclair as a charlatan ... that (characterization) is fuelled extensively by the press in the city of Belleville," Kramer charged.

"The Bay of Quinte is not a pristine place," argued the Toronto lawyer and it has a history of PCBs. In this case, there is no specific evidence of impact" on the bay, as a result of Sinclair's actions, she said.

"Mr. Sinclair was a one-man operation attempting to do his best in working to comply with a mountain of orders," issued by environmental authorities who "demonstrated a level of prosecutorial zeal" in targeting her client.

"Although Mr. Sinclair has been vilified by these proceedings ... the evidence shows only minor breaches and little or no effects" on the environment, she said.

But Doran was unmoved by the pleas for leniency and Sinclair was led from the court in handcuffs to immediately begin serving his jail time.

Sinclair seeks release from jail while conviction appealed
(also posted December 3)

Once again, Jim Sinclair will have his day in court.

Come Friday, the owner of the former Bakelite property — who was sentenced to a four-month jail term Tuesday and given $690,000 in fines for environmental infractions relating to the site — will appear in a Belleville courtroom to argue he should walk free while his conviction is appealed.

If granted, it is expected Sinclair would be released from custody immediately until his appeal could be heard by a local judge.

Article in Oshawa This Week - Nov 19

2008-11-22T22:15:00.007-05:00

Environmental group calls for landfill investigation
Waterkeeper says arsenic, copper, lead found on north Oshawa site

Oshawa This Week
By Jillian Follert
November 19, 2008
http://newsdurhamregion.com/article/113415

OSHAWA -- A local woman has teamed up with Toronto environmental group Lake Ontario Waterkeeper (LOW) to demand an investigation into a decommissioned landfill in north Oshawa.

Oshawa environmentalist Sarah Ross and members of LOW collected samples from the landfill's soil and water over the summer and say lab tests revealed higher than acceptable levels of arsenic, aluminum, lead, chromium, copper and other contaminants.

They believe these toxins are leaching into the soil and into Harmony Creek, which feeds Lake Ontario.

The Ministry of the Environment (MOE) has said any leachate is contained to the site and that the orange "goo" residents have observed on the ground is harmless iron staining -- but Ms. Ross and LOW are not convinced.

"The ministry says it's contained on site but we have seen it running off the property into the creek," said LOW president Mark Mattson. "Whether it's private or public property, that doesn't relieve the MOE of their responsibility to protect the public. We're very concerned about the defensive position the MOE has taken, without even doing an investigation."

When it was operational, the 35-acre landfill accepted solid commercial and industrial waste, primarily from General Motors. A recent report from the MOE indicates about one million tonnes of industrial waste was landfilled on the site between 1957 and 1980.

A 1992 Ontario Municipal Board decision said the liquid waste dumped in the landfill included paint sludge, metal grinding waste, anti-freeze, brake fluid, hydraulic oils and isopropyl alcohol.

Alarmed by the lab results they received, Ms. Ross and LOW recently stepped up their efforts, submitting an application for investigation to Gord Miller, the Province's environmental commissioner.

They are alleging landfill owner Jim Sinclair -- a Mississauga developer who has been convicted of numerous environmental charges -- is contravening the Environmental Protection Act by allowing contaminants with adverse effects to be discharged into the natural environment.

"This leachate is finding its way into a public area where people's kids get dirt on their boots and their dogs drink from the creek," Mr. Mattson said. "This application has been a lot of money and a lot of work for us and we wouldn't make it a priority if we didn't think it was really important."

The application has been referred to MOE, which now has until January to decide if it will investigate.

The landfill, which sits next to Harmony Valley Park, has been the subject of scrutiny since last spring when the snow melted and dog walkers and cyclists began noticing an orange substance staining the ground and leaving an oily sheen atop puddles of water.

Ms. Ross was one of those dog walkers and is also a master's student in environmental studies. The local woman started a crusade to draw attention to the landfill, making presentations to councillors, delving into the site's history and starting a blog on the subject.

Just last week, MOE sent a report to Oshawa councillors, which said the ministry had issued a draft provincial officers order to Mr. Sinclair on Oct. 24, asking that the leachate system be repaired and that fences be erected around the site.

MOE spokeswoman Kate Jordan said Mr. Sinclair is now voluntarily complying and that he has already submitted a remedial action plan outlining steps that will be completed by Nov. 21.

These include repairing the seepage, erecting a fence and a future plan for ground and surface water monitoring.

"We'll review the action plan and make sure it satisfies the work that we want to be done," Ms. Jordan said, adding that the site is not a health threat. "All the monitoring that has been done to date shows no potential for off-site impact. The staining and seepage is all contained on the site."

Repeated efforts to reach Mr. Sinclair were unsuccessful.

"Because we don't think about future generations,
they will never forget us."
- Henrik Tikkanen -

Article in Oshawa This Week - Nov 13

2008-11-14T13:46:00.006-05:00

Efforts underway to clean up north Oshawa landfill
Oshawa site owned by developer convicted of environmental offences

Oshawa This Week
By Jillian Follert
November 13, 2008
http://newsdurhamregion.com/article/112908

OSHAWA -- Months after residents raised the alarm about "orange goo" seeping from a north Oshawa landfill, the Ministry of the Environment (MOE) has told the owner to clean up his act.

Jim Sinclair -- a Mississauga developer who has been convicted on numerous environmental charges -- has owned the Oshawa landfill since 2003 but MOE only recently confirmed his association with the site.

The landfill has been front and centre on the minds of north Oshawa residents since the summer, when cyclists and dog walkers wandering over from Harmony Valley Park noticed an orange substance staining the ground.

MOE officials say the rust-coloured streaks are harmless iron staining that pose no threat to human health.

But politicians want more done to guarantee things are safe.

"We want to know that the MOE is being absolutely diligent with their oversight," said Councillor Louise Parkes, who chairs council's development services committee. "We're most concerned with the potential movement of water below ground."

The committee received a report from MOE this week, which says Mr. Sinclair was issued a draft provincial officer's order Oct. 24 requiring him to repair the seepage that has taken place and erect fencing around the site.

MOE spokeswoman Kate Jordan said a draft order precedes an official order.

Normally, an official order would follow, but in this case, the owner is voluntarily complying and has already submitted a remedial action plan outlining steps that will be completed by Nov. 21, she said.

They include repairing the seepage, erecting a fence and creating a future plan for ground and surface water monitoring.

"We'll review the action plan and make sure it satisfies the work we want to be done," Ms. Jordan said, adding the site is not a health threat.

"All the monitoring that has been done to date shows no potential for off-site impact. The staining and seepage is all contained on the site."

The landfill is located near the corner of Harmony Road North and Rossland Road East, with Harmony Valley Park on one side, and a large residential subdivision on the other.

The site was initially owned by Industrial Disposal Oshawa Limited (IDOL) and operated as a landfill from 1957 to 1980, when it was sealed.

When it was operational, the 35-acre landfill accepted solid commercial and industrial waste, primarily from General Motors. A recent report from MOE says about one million tonnes of industrial waste was landfilled on the site during those years.

The property was sold in 1999, then sold again in 2003 to current owner Rossland Acres Inc., which lists Jim Sinclair as one of its officers.

Earlier this year, Mr. Sinclair was convicted on several environmental charges related to the development of a former factory site in Belleville.

A court ruling said his work on the site resulted in contaminants seeping into the Bay of Quinte and the destruction of marshlands and other environmentally sensitive areas on the property.

Mr. Sinclair was ordered to pay $235,000 in fines. He has appealed that decision and is still waiting to be sentenced on other convictions.

Repeated efforts to reach Mr. Sinclair were unsuccessful.

The October draft order wasn't the first time the ministry has asked Mr. Sinclair to address issues at the Oshawa landfill.

"Ministry staff have met on site with Mr. Sinclair on several occasions to discuss required work to remediate the seepage and direct it into the on site perimeter leachate collection system," reads the summary councilors received this week. "The company made repairs to the area of seepage in mid-July 2008. During subsequent inspections by ministry staff, iron staining and seepage was again observed."

The development services committee voted to send a letter to MOE, asking that the issue be pursued further.

Article in the Toronto Star - Oct 25

2008-11-09T17:27:00.008-05:00

Interestingly, this article makes no mention of the landfill at the footstep of these homes.

A concerned resident who informed me of this article, wrote the following...
"These unwitting Delta Rae customers have no idea what they're getting into judging by the tone of this article which pitches a beautiful development perched on top of a dump and some nice orange leachate.

Someone better sound the alarm with the city councillors before unsuspecting customers get caught up in a mess at this site.

How can the city of Oshawa approve a "residential" development on this site with all the serious issues here? Issues that you documented so well over the past year.

If someone is forced to clean it all up first and fully remediate the land, this would be a good news story. But something tells me the developer has no such intentions. The leachate is just one of the reasons why every single potential project on this land over the past decade has been aborted, including houses and plazas. Every potential development was scrapped here."

Upscale townhouses close to wealth of amenities
Project in established neighbourhood aimed at first-time buyers, empty nester market

The Toronto Star
By Tracey Hanes
October 25, 2008
http://www.thestar.com/Article/522754

Buyers at the new Harmony Valley townhouse development will reap the advantages of living in an established area, while enjoying the intimacy of a small crescent backing onto green space.

The Harmony Valley project at Rossland Rd. and Grandview St. will consist of 67 townhouses, close to a wealth of amenities and big box stores and within walking distance of the Harmony Valley Conservation Area. The new Legends Sports Complex and a Cineplex are also nearby.

The units will be built to Energy Star standard to offer savings on home energy bills.

The townhouses are freehold, but will have a monthly condo fee to cover maintenance of common elements and provide snow removal on interior roads and door-to-door garage pickup.

"These are upscale townhouses, all brick, with nine-foot main floor ceilings, which aren't that common in products for first-time buyers," says Carmen Calabrese, owner of Delta-Rae. "We are also aiming for the empty-nester market."

Calabrese understands how to cater to the upscale market; Delta-Rae's recently completed Cochrane Estates in Whitby offered large estate homes priced at $1 million-plus.

The Harmony Valley floor plans range from 1,200 square feet to 2,389 square feet, starting from $229,990. The units of 1,683 square feet or more will include a finished basement as part of the package. Many of the models have walkouts.

"Some units will have nice big basement rec rooms with walkouts to lots backing onto a treed area that will never be built on," Calabrese says.

All townhouses are two-storey, three-bedroom, with single car garage and a choice of all brick or stucco and brick elevations. Three appliances are included and ceramic tile flooring is standard in the kitchen, bathrooms and foyer, with carpet throughout the remainder of the house. Hardwood flooring is available as an upgrade.

North Oshawa is a hotbed of growth and offers easy access to Durham College and the University of Ontario Institute of Technology, Lakeridge Health Centre, GO service and Highway 401.

Calabrese's Delta-Rae Homes has been an award-winning builder in Durham Region for almost 20 years.

Visit the sales office on Grandview St. N. at Rossland Rd., call 289-240-5410 or click on delta-rae.com. Hours are Monday through Thursday, 1 p.m. to 7 p.m.; Fridays closed; Saturday, Sunday and holidays, 11 a.m. to 6 p.m.

________________________________________________________

More information on the Delta-Rae Harmony development can be found on their website, http://www.delta-rae.com/harmony-valley.php. I have copied the site plan and neighbourhood map below. Interesting that they mark the landfill as the Harmony Valley Conservation Area! (see http://www.delta-rae.com/harmony/DeltaHarmonyAmenityMap.pdf for more detailed amenity map)

MOE's "Former IDOL Landfill Summary" to the City - Nov 10; Article in the Belleville Intelligencer - Oct 23

2008-10-23T11:17:00.013-04:00

Phil Dunn from the Ministry of Environment (MOE) sent correspondance to the Development Services Committee for their November 10, 2008 meeting. The summary of the presentation regarding the history of the site, monitoring, and recent visits to the site with Jim Sinclair can be found online at http://www.oshawa.ca/agendas/Development_Services/2008/11-10/DS_08_489_IDOL.pdf. This summary is copied below:

Former Industrial Disposal (Oshawa) Landfill

The Industrial Disposal (Oshawa) Landfill (IDOL) site is located in east section of Lot 3, Concessions 2 and 3, in the City of Oshawa. The landfill site is located in the north half of the property. The site is bounded on the south and east by the Harmony Valley Conservation Area (Central Lake Ontario Conservation Authority - CLOCA). The properties to the north and west of the site have been developed for residential use. The site is fenced on the north and west sides of the site. The site is not fenced on the south or east. This permits unauthorized access from residents visiting the Harmony Valley Conservation Area which is adjacent to the east border of the site.

Industrial Disposal sold the site to Philip Services Inc. in 1999. In December 2003 the property was sold again to the current owner Rossland Acres Inc. Mr. Jim Sinclair is an officer of the company.

The original certificate of approval was issued to Industrial Disposal Oshawa Limited to landfill approximately 14 hectares of the north section of the site. Approximately 1,000,000 tonnes of industrial waste was landfilled in the site between 1957 and 1980 over 9 hectares of the site before it closed. The primary sources of waste received at this site were from General Motors operations in Oshawa. The property was used as a former sand and gravel pit.

In 1979, an amended Certificate of Approval was issued to Industrial Disposal and restricted waste types and quantities, included significant changes to the leachate control system, installation of gas control and the submission of a closure plan. Additionally, ground and surface water monitoring requirements were imposed.

The leachate collection tile drains were initially installed along the east and south perimeter of the site. The leachate collection system was discharged into a lagoon located in the southwest corner of the site. The system was connected to the sanitary sewer in 1980. In 1986, the system was extended along the west side of the site.

The gas control system at the site currently consists of six passive gas vents located on top of the site. Historically, landfill gas monitoring has not identified significant potential for off-site impacts.

Buffer zones have been established adjacent to the landfill site property to the north and west. The buffer zones are a requirement of the Plan of Subdivision for adjacent residential areas. The development plans for the residential area to the west of the site require the monitoring of landfill gas and groundwater along the west buffer zone. The City of Oshawa conducted monitoring on the west side of the landfill in 2005. The ministry has not been notified of any concerns regarding groundwater contamination or gas migration from the landfill. The next scheduled monitoring by the City of Oshawa is to occur in 2010.

In 1985 an amended Certificate was issued to formalize the closure of the site and did not contain conditions that required ongoing monitoring of groundwater or surface water.

The most recent assessments of site hydrology, landfill gas, ground and surface water quality are contained in reports from 2001 and 2002 prepared by the adjacent property owner to assess the potential for off-site impacts to proposed residential development. The reports do not identify the potential for significant impacts to residential properties located to the north or west.

The ministry is aware of the onsite iron staining from the seepage in the south section of the site. Ministry staff have met onsite with Mr. Sinclair on several occasions to discuss required work to remediate the seepage and direct it into the onsite perimeter leachate collection system.

The company made repairs to the area of seepage in mid-July 2008. During subsequent inspections by ministry staff iron staining and seepage was again observed.

On October 24, ministry staff again attended the site with Mr. Sinclair and his consultant. A draft Provincial Officers Order was provided to Mr. Sinclair that outlined requirements to repair the seepage and erect fencing to restrict unauthorized access onto the site. The company also committed to prepare a plan for the site that will include ground and surface water monitoring.

The above summary was discussed at this DSC meeting, with a motion carried requesting further investigation and implementation of a more aggressive remedial action plan. Copied below, these can be found on page 14 of the minutes here: http://www.oshawa.ca/agendas/Development_Services/2008/11-10/2008-11-10_Minutes_DSC_22.pdf

DS-08-489 Phil Dunn, Ministry of Environment - Summary of Former Industrial Disposal (Oshawa) Landfill

The Committee reviewed Correspondence DS-08-389 from Phillip Dunn, Ministry of environment, providing a summary of the former Industrial Disposal (Oshawa) Landfill.

The Committee questioned the Commissioner, Development Services.

Moved by Councillor Nicholson,

"1. That a letter be sent to Phillip Dunn and Sandra Thomas, Acting District Supervisor, Ministry of Environment, stating that the City of Oshawa finds the summary regarging the former Industrial Disposal (Oshawa) landfill unacceptable and requests that further investigation be conducted and that a more aggressive remedial plan be implemented to prevent further contamination; and

2. That staff of the Development Services Department continue to monitor the situation and report back when appropriate." CARRIED.

At this meeting, the 'Status of IDOL Investigation' was listed as an Item for Discussion, but such discussion could not be found in the minutes.

The Global News story is already creating a stir!

Jim Sinclair will be sentenced on November 18 for 14 environmental charges relating to a property he owns in Belleville.
Jim Sinclair linked to controversial Oshawa property

Global News in city to hunt down infamous developer
A city developer convicted of thumbing his nose at environmental laws while ripping apart the former Bakelite plant has been connected to a controversial property in the Oshawa area.

The Belleville Intelligencer
Posted by Jeremy Ashley
Updated on October 23

A two-part Global News investigation — the second segment which aired Tuesday night — revealed a decommissioned landfill in Oshawa, just footsteps away from a popular conservation area, is owned by Jim Sinclair.

Earlier this year, Sinclair was convicted on a number of federal and provincial environmental charges for forging ahead with development at the contaminated site of the former resins factory on Dundas Street East — moves that the courts determined led to PCPs and a host of other contaminants seeping into the Bay of Quinte.

In addition, marshlands and other sensitive areas of the 90-acre property were torn apart.

Sinclair, who has since appealed the decision, was ordered to fork over $235,000 in fines. He has yet to be sentenced on the bulk of the other convictions.

Tuesday, a Global news team tried to confront Sinclair after uncovering he owns a 35-acre parcel of land in the heart of Oshawa that accepted industrial waste from General Motors for almost three decades.

But the team, led by reporter Christina Stevens and cameraman Craig Berry, came up empty-handed in their search for the developer.

In addition to visiting several locations in the city Sinclair has been known to frequent, the pair attempted to call him by cellphone while standing at the front gates of the former Bakelite property.

“It’s frustrating, to say the least,” Stevens muttered after approaching the fence line along Dundas street and hollering at a ramshackle house trailer on the site in an attempt to draw Sinclair out.

Despite his vehicle being parked outside his portable home of several years, Sinclair’s six-foot-three figure didn’t appear in the doorway.

“We just want some answers, that’s all,” Stevens added.

Back in Toronto, Global producer Neil McArtney echoed Stevens’ frustration after learning of Sinclair’s no-show.

“We were really hoping that he would be able to shed light on this (Oshawa) property for us.”

Located at the corner of Harmony Road North and Rossland Road East in Oshawa, the site — which is mostly overgrown with brush and grass — is bordered by new residential development and a conservation area.

For years, some residents have been concerned about leachate seeping off the site, despite assurances from the Ministry of Environment that proper testing has shown a minimal environmental impact.

However, in recent months, McArtney, who lives in Oshawa, said there have been renewed calls for an environmental investigation into the “orange goo” that has been seeping off the site and into a nearby creek.

“It was in my own backyard, so I really took an interest to it,” he said.

Over the past year, samples collected privately on behalf of a non-profit environmental watchdog group found contaminants in the water and soil on the site “four to 10 times higher than it should be,” he said.

When he began digging into the story, “I quickly found out the property was owned by a Mr. Jim Sinclair,” McArtney said, “and how this guy has really been in trouble with the environment in your (Belleville) area.”

Reading through past Intelligencer stories about Sinclair’s exploits — and subsequent justice proceedings — brought a new level of significance to the story, he said.

“What concerns me now is ... what’s he going to do with this property? Is he all of a sudden going to come in and start digging it up with tractors like he did in Belleville?

“The whole point of doing this story was to make the residents of this community aware that this is in their back yard. There are serious red flags happening here and people need to be aware of the potential dangers.

“In that sense, I’m not a television producer just doing a story — I’m doing it as a husband and a father who is a part of this community.”

For his part, Sinclair was no where to be seen or heard from throughout the day Tuesday. Repeated calls to his home phone number and business line went unanswered.

Global News coverage

2008-10-20T09:56:00.009-04:00

On October 20 and 21, Global News Ontario aired a 2-part Special Report on the Harmony landfill and actions being taken.

I was told by several people that Global showed small clips of the story during regular programs on the channel from October 17-20 (like a 'preview' for the Monday night news), which is awesome!

The newscasts were very impressive, and were available online at http://www.globaltv.com. The title of the first clip was Toxic Landfill; The title of the second clip was Environmental Impact. Unfortunately, it does not look like they are available online any more.

Landfills, Leachate and Law - A radio show by Lake Ontario Waterkeeper

2008-10-16T10:20:00.005-04:00

The Lake Ontario Waterkeeper, a grassroots organization in Toronto working to protect Lake Ontario, have featured the Harmony landfill on their weekly radio show. The show titled Landfills, Leachate and Law: Harmony Landfill and Beyond was released on October 16, 2008.

It is briefly described as:
This week, Mark and Krystyn discuss the hidden dangers of landfills and the runoff that pollutes our drinking water. We also take an in depth look at one Oshawa citizen trying to pull back the layers and expose a favorite dog park for what it really is: a 40-year old landfill.

It begins with a very interesting discussion of the nature of landfills and the involvement of Lake Ontario Waterkeeper with leaching landfills across the province. Towards the end I am interviewed about my work on the Harmony landfill. It ends with a discussion of filing an Application for Investigation - a joint application I have been working on with LOW for the past month or so.

I encourage you to listen. The show is available online as a Podcast at http://waterkeeper.ca/podcasts/2008-10-14-LABLandfills.mp3.

Archived episodes of Living at the Barricades, Lake Ontario Waterkeeper's weekly discussion focusing on various environmental issues, are available at http://www.waterkeeper.ca/content/podcasts/index.php.

New pictures

2008-09-30T18:20:00.016-04:00

It is amazing how much worse the site gets after it rains. ALthough the red colour has been there pretty well all summer, these pictures (taken today after it rained all morning) show pools of water with an oily sheen on top. Yesterday there were very small areas that looked oily, but no water at all. This area needs to be tested to ensure this oily substance and other materials do not pose a threat.

No feedback from the local or provincial levels to update you on...things seem to be moving very slowly. I am continuing to raise awareness of this landfill and my concerns, but I think there needs to be (a) greater pressure involved in order for action to be taken, and (b) higher government levels involved.
Facing south at the leachate area, overlooking the wetland:

Facing north at the hill towards the wetland, showing the leachate running downhill and the landfill in the background:

A dog's paw print in the rust-coloured soil at the leachate area:

The following pictures show the area where water seems to be flowing from the ground:

Facing east:

Facing west:

The following pictures try to capture the oily sheen on top of the pools of water:

Development Services Comittee meeting

2008-09-09T20:47:00.004-04:00

A Development Services Committee meeting was held on September 8, 2008.

DS-08-363
Update on Investigation into IDOL landfill site (Ward 5)

This matter was previously discussed at the Development Services Committee held on June 9, 2008 when Correspondence DS-08-238 from Sarah Ross concerning leachate at the Harmony Creek Landfill was referred to staff to obtain an update from the MOE and to work with other agencies, including CLOCA, and to report back to Committee.

The Commissioner of Development Services provided Committee with a verbal update concerning the IDOL site advising Committee that the Ministry of the Environment recommends that the site be fenced off. The Commissioner of Development Services advised that a follow-up report will be forthcoming.

The Committee requested that staff advise Sarah Ross of the steps that are being taken.

How has learning about this dump site/leachate affected YOU?

I would like to hear your thoughts - any thoughts - about how hearing about this issue has affected you. The good, the bad and the ugly!

Has learning about the landfill changed the way you view/use Harmony Valley Park and the surrounding area?

Are you concerned about what is inside this industrial waste dump?

Has the discovery of high heavy levels changed your habits? Made you concerned at all?

Should something be done about this site?

Are there questions you want answered?

Please e-mail me at harmonylandfill@gmail.com with any comments or thoughts. Your feedback will remain completely anonymous, and I will not post them on the blog. I am trying to gauge how learning about this landfill has affected how the public feels about the area -- that's you!

Video Clips

2008-08-19T09:13:00.007-04:00

These small video clips, which I took July 27 give an indication of the extent of change to the soil and pools of water that were found. Half a month later, it still looks the same.

The first clip is walking east along the path at the south side of the landfill towards the leachate area, panning around the leachate area.

The second clip shows a close up of the oily sheen on the surface of the water at the leachate location, and the water visibly flowing over the steep cliff to the south, where it flows towards Harmony Creek (and Lake Ontario).

Sample results are in - and do not look good

2008-08-17T10:30:00.015-04:00

The following samples were taken at the leachate location during multiple visits and were graciously paid for by the Lake Ontario Waterkeeper, a grassroots environmental group in Toronto. The show levels of heavy metals at the landfill in the soil in June and July. (Click on the image for a larger view)

Looking at this data in comparison to provincial and federal water quality guidelines, some of the levels seem very high – I have bolded the contaminants which are over the guidelines and listed in the last column how many times are exceed the limit. For example, Cadmium – a known carcinogen found in some industrial paints and manufacture of some batteries. – exceeds the Canadian Water Quality Guidelines for the Protection of Aquatic Life limit of 0.017 ug/L by 88 times.

While the levels of some of these contaminants in water are very concerning, comparing the soil samples has been more difficult and I am currently seeking people knowledgeable in this area to help understand this data. More samples were taken recently at the landfill and following the wetland to the outlet in order to assess whether the wetland (to the south of the landfill) is filtering out these contaminants. Below are some pictures from the most recent sampling I performed.

Now that there is data backing up the threat of this landfill to humans and the environment – and more pending – there is greater evidence to demand action. Government and City officials do not seem to care enough to bother, and it seems a greater profile needs to be raised. It is time to get the community involved, and I am taking steps towards this. Please contact me at harmonylandfill@gmail.com if you know anything about the history of this site or are interested in getting involved in any regard.

Absolute Chaos

2008-07-27T12:41:00.017-04:00

I thought that with all the heavy rains Oshawa has been receiving lately, that perhaps the rusty substance would have returned to the surface of the site. I was absolutely blown away because the site is almost unrecognizable!
Yes, there has been a lot of rain, but I highly doubt they could have caused this much change. All of the vegetation that had grown over much of the area is no longer there and both monitoring stations have vanished - leaving nothing but dirt, gravel and pools of rusty and oily water.

The former locations of the white and blue monitoring stations can be seen in these pictures.

The rusty coloured substance can be seen flowing all the way down the path, almost to the manhole cover on the south-west side of the property.

Most concerning of all is the oily sheen on the top of numerous areas of water. It is very evident and shows up well in the pictures below, which were taken in various areas. In the last picture, the surface water was carrying this substance down the steep drop to the south of the landfill towards the river. Whatever it is, this substance is clearly being carried into the adjacent creek.

This picture was taken facing east with the old leachate area in the foreground and an overview of where the water is currently flowing. (click on the picture for a larger image)

Something needs to be done immediately to determine that whatever this oily substance is does not pose a threat to the health of humans and species in the nearby creek! If this site were merely 'iron staining', what is this oily substance doing along with it? Is it coming from the landfill? What is it composed of? Whatever it is, it should not be permitted to flow into the environment without monitoring to ensure it is safe.

A sales centre has recently been built on the corner of Grandview Street and Rossland Street. The last picture is full of irony with the sales centre in the foreground advertising "These woods were make for walking" and the landfill in the background. Not to mention the subdivision adjacent to it.

Minutes from the Development Services Committee Meeting

2008-06-25T09:15:00.004-04:00

I have copied the minutes from the Development Services Committee meeting I attended on June 9th. I was assured that I would be informed as soon as the City received news, but have not yet heard anything. An e-mail sent June 10th to two employees at the Central Lake Ontario Conservation Authority regarding where, when and what kind of monitoring will be performed by them at the landfill received no reply. So right now I am in a waiting game, but am not giving up!

Development Services Committee Minutes - June 9, 2008
(Available on the City of Oshawa's website)

Sarah Ross – Requesting to Address Committee Regarding Leachate at Harmony Creek Landfill (All Wards)

The Committee reviewed Correspondence DS-08-238 dated June 4, 2008 from Sarah Ross expressing concern about the leachate at the Harmony Creek landfill.

Sarah Ross addressed Committee regarding her concerns about the leachate and possible heavy metals at the Harmony Creek Landfill advising that she has contacted the local conservation authorities and the Ministry of Environment regarding this issue and has been advised that there has been no monitoring of this location since the early 1990’s. Sarah Ross noted that the trails are widely used by the public and should be investigated to ensure public health and safety.

The Committee questioned the delegation.

The Committee questioned the Commissioner of Development Services.

Moved by Councillor Nicholson,
"That Correspondence DS-08-238 dated June 4, 2008 from Sarah Ross expressing concern about the leachate at the Harmony Creek Landfill be referred to staff to obtain an update from the Ministry of Environment and to work with other agencies, including the Central Lake Ontario Conservation Authority, and to report back to Committee and that Ms. Ross be advised of the results." CARRIED

More visuals

2008-06-16T22:09:00.004-04:00

Unfortunately I do not have a whole lot to report. Some time in the last little while, one of the monitoring stations near the leachate has been tampered with. By the looks of it, the hinges were taken apart because the lock is still in place and secure.

Walking to the South East of the landfill, I noticed an oily sheen on the surface of a small pool of water. It was hard to capture on camera, but definitely visible to the eye. This area is located adjacent to the landfill and approximately 100 metres north of Harmony Creek, with clear erosion from the flow of water during high run-off. A small river can bee seen flowing near this pool along the side of the path into the Creek.

"Not the right time to sell"

2008-06-13T11:59:00.003-04:00

It turns out the sale of the property I posted yesterday has been terminated.

I spoke to the real estate agent to see if I could see the Landfill Summary Report from 2002, however he told me the owner is taking it off the market, and that the owner said it "isn't the right time for it to be up for sale".

Unfortunately, the owner took back all the documents, so the agent did not have them any more. However, the Landfill Summary Report must be in the hands of another person. I will continue in my search to uncover more information on the landfill site.

Vacant land(fill) for sale!

2008-06-12T23:23:00.005-04:00

I have discovered that a rectangular piece of vacant land has been listed for sale at the corner of Rossland and Grandview - keep reading, it gets better! This encompasses 20 acres of the Harmony Creek landfill and 50 acres to the south. This is pretty shocking stuff, because I am fairly certain that this area encompasses the leachate area!

Real Estate Type: Vacant Land
Land Size: 70.00 Acre
Location: Rossland Rd, Oshawa, ON
Price: $4,900,000

The "General Description" in the listing spells out the details of the landfill:
This 70 Acre Rectangular-Shaped Parcel Of Land Is Dissected North From South Into 2 Portions By The Future Rossland Road Eextension. There Is An Approximate 20 Acre Former Landfill Footprint In The North-Western Portion Of The Lot. No Landifll Waste Was Deposited Since June 30, 1980. The Approximate Southern 50 Acre Portion Is Undeveloped Land With Some Groundwater Flow To Harmony Creek. This Property Is Surrounded By Many Large Modern Subdivision Homes.**** EXTRAS **** There Was A Certificate Of Approval To Operate An Industrial Landfill On The 20 Acre Site. Listing Broker Has A May 2003 Rossland Road Environmental Assessment Report And A 2002 Landfill Site Summary Report.

Who would want to buy this property I have no idea, but but chances are it would be for development. I am thinking this 2002 Landfill Site Summary Report must be publically accessible so I will try to track it down.

The picture listed with the property faces East at the intersection of Rossland Road and Grandview Street, where many people park their car and walk along the South side of the landfill. The lecahate is literally a 1 minute walk east from here - if that.

Steps forward

2008-06-09T14:29:00.001-04:00

This afternoon I attended the Development Services Committee meeting at City Hall to give a short presentation on my concerns at the landfill. It was very well received, and I am pleased with the response that action needs to take place to determine what is going on at the site.

There seems to be a growing consensus that despite claims by the Ministry of the Environment, steps need to be taken to ensure the landfill is not leaching and posing a risk to the health of humans and the environment. And steps are beginning to be taken. The City, local Conservation Authority, and a Toronto-based environmental group are now on board and willing to dig for information and perform sampling. This is all very good news!

"Never doubt that a small group of thoughtful, committed citizens can change the world. Indeed, it's the only thing that ever has."
- Margaret Mead -

The investigation continues!

2008-06-03T10:20:00.010-04:00

In my last conversation with the MOE, I was (again) told that there is nothing to be concerned about. Reports from 1982, 1993 and other various documents (protocols, maps, reports) were located at the MOE office in Ajax, but I am required to go there to view them.

The history and lack of concern over monitoring at the site remains bothersome to me. In my conversation with the Conservation Authority, they had very little information on the site and did not receive reports from the monitoring stations at this landfill. The Certificate of Approval for the site (reissued in 1985) did not require monitoring under the reasoning that it was not determined to be a large risk because of monitoring in the past. I was told that over time, leachates become weaker and less, and this is supported by monitoring from the mid-1990’s indicating no significant impacts. Even if the sampling from the site revealed no concern and was considered a low-moderate risk up to the 1990’s, could not the situation be changed over time? To me, the history of the site, and the lack of regulations for waste disposal back the in 1950’s to 1970’s, could pose a potential threat to the environment. See this record from 1976 found online, discussing imposed conditions over such issues as leachate overflow and disposal.

Cited as:
Industrial Disposal (Oshawa) Co. v. Ontario (Ministry of Environment)

IN THE MATTER OF sections 77, 78 and 80 of The Environmental
Protection Act, 1971, as amended
AND IN THE MATTER OF a Ministry of the Environment Provisional
Certificate of Approval for a Waste Disposal Site located on
Part of Lot 3, Concession 3, City of Oshawa (former Township
of East Whitby), being Provisional Certificate No. 390102,
dated the 15th day of August, 1975 and issued to Industrial
Disposal (Oshawa) Company, P.O. Box 70, Hamilton, Ontario
AND IN THE MATTER OF an appeal dated the 8th day of September,
1975, by Industrial Disposal (Oshawa) Company from the
conditions imposed by issuing the said Provisional Certificate
AND IN THE MATTER OF a hearing held by the Environmental
Appeal Board on March 3, 1976, May 5, 1976 and June 9, 1976

[1976] O.E.A.B. No. 10
Ontario Environmental Appeal Board
I.W. Pasternak, Q.C., Chairman
L.C. DeGroot and G.W. Ozburn, Members
Heard: March 3, May 5 and June 9, 1976
Decision: July 5, 1976
(2 pp.)
No counsel mentioned.
--------------------------------------
ORDER

Upon motion made to this Board by the appellant for an adjournment of the hearing
regarding this appeal, and with the consent of the parties present, this Board hereby
orders that the hearing is adjourned until the 7th day of October, 1976 at 10:00 o'clock in the morning (local time) in the Canadian Legion Hall, V.I.P. Room, 471 Simcoe Street S., Oshawa, Ontario.

In granting this adjournment, the Board imposed the following conditions upon the
appellant:

1. The appellant is to reconnect the pipeline to recirculate leachate to the bermed area on top of the site so as to prevent any leachate overflow. This action to be completed by June 18, 1976.
2. The appellant is to cover the present disposal area to the south including the slopes with two feet of compacted earth. This action to be completed by June 30, 1976
3. The appellant is to move the disposal area to the top of the site and restrict same to a minimal area. The area is to be prepared and flattened beforehand. Disposal to be commenced by June 18, 1976.
4. The appellant is to cover the new disposal area on Mondays, Wednesdays and Fridays by 5:00 p.m. This action to commence by June 18, 1976.
5. The appellant is to unblock the drainage ditch on the west side of the site by June 30, 1976 and keep the ditch clear.
6. The appellant is to grade the slopes to the west and east and cover them with two feet of compacted earth. This action to be completed by August 31, 1976.
7. The appellant is to provide the Ministry of the Environment and the City of Oshawa with a copy of the hydrogeological study of the site by September 7, 1976.
8. Upon notice to this Board by the Ministry of the Environment that the above conditions have not been met, the hearing shall be resumed at the earliest opportunity.

I am happy to see the rate at which the article from Oshawa This Week has spread around the internet. My letter to the editor was published online yesterday on the paper's website, and I am hoping it will appear in the printed version on Wednesday because it is currently buried in under 'Other Letters'. I have copied it below:

More monitoring needed on Harmony Creek landfill site

Oshawa This Week online
By Sarah Ross
June 2, 2008

To the editor:
Re: 'Orange goo' worries residents, May 30.

I appreciate you bringing the issue of leachate at the Harmony Creek landfill site forward. In addition to the rust colour, in April I also noticed an oily sheen on the surface of the leachate. Given that industrial products were buried here, I am concerned about the possible presence of other toxic compounds (phenols, heavy metals).

Monitoring is apparently taking place by developers on a five-year basis on the west side of the landfill. This seems to be the only monitoring being done. But from an environmental perspective, that area is not the concern -- drainage and the visible leaching is to the south and east towards Harmony Creek.

I was informed there was limited monitoring in this area until the early 1990s -- this is not "periodical."

As indicated by Prof. Warith (Oshawa This Week on-line article May 30), leaching rates are highly variable depending on the season, rainfall, etc. Also, over time, they can increase. This suggests citizens require the results from a systematic and targeted monitoring program before we can be assured there are no concerns from this site.

I am continuing to seek answers and will update progress at http://harmonylandfill.blogspot.com/. If others are interested in helping me or have information, I can be contacted at harmonylandfill@gmail.com.

Landfill maps and land use change

2008-06-02T12:22:00.009-04:00

I have attached satellite maps of the landfill area below - based on my own guess, so the boundaries may not be 100% correct (courtesy of Google Maps). It is difficult for me to exactly show where the monitoring stations are. You may click on the image for a larger version.

The four images below show changes in land use over time (click on the image for a larger version). The 1948, 1978 and 2005 images are taken from the Harmony Valley Park Master Plan, and the 2008 image is courtesy of Google Maps. The activity in the 1978 air photo is particularly interesting!

Article in Oshawa This Week - May 30

2008-05-30T21:18:00.003-04:00

How exciting! The issue made it on the front page of Oshawa This Week in today's paper, and the 'breaking news' section on its website! This means the word will be spread to many more residents, and who knows where it will go from there. The article is very well written and has many opinions which is great. I have copied it below:

‘Orange goo’ trickling from old landfill
MOE says iron staining common, harmless

Oshawa This Week
By Jillian Follert
Friday May 30, 2008

OSHAWA -- Sarah Ross likes to walk her dog near Harmony Valley Park, but lately the Oshawa resident has been more cautious, after noticing an unusual rust-coloured substance staining the ground.

The liquid is oozing from the side of a seemingly inconspicuous hill, which is actually a decommissioned landfill site.

"I'm really concerned about what it is and whether any monitoring is going on," said Ms. Ross, a master's student in environmental studies. "A lot of people probably don't even realize there's a landfill there because it just looks like a hill. They're walking their dogs in the area and they should know whether there are any risks."

Brent Frew, who recently moved into the nearby neighbourhood, is also concerned.

"It looks like orange goo; it's kind of disgusting," he said. "It's the kind of thing that makes you wonder if it's OK for you to walk around there with your kids."

The landfill sits near the corner of Harmony Road North and Rossland Road East, with Harmony Valley Park on one side and a large residential subdivision on the other.

The site was formerly owned by Industrial Disposal Oshawa Limited (IDOL), and operated as a landfill from 1957 to 1980, when it was sealed.

When it was operational, the 35-acre landfill accepted solid commercial and industrial waste, primarily from General Motors.

The site is now owned by an unknown private operator.

Over the years, the landfill's presence has raised concerns.

Coscan Development Corporation -- which owned three pieces of land near the landfill -- asked the City in the 1990s for a zoning amendment to build a commercial strip and two residential developments near the site.

The City refused, saying the landfill posed too large an environmental threat to allow residential development so close by.

The decision was appealed to the Ontario Municipal Board (OMB), which eventually sided with the developer after hearing from a slew of expert witnesses.

In its 1995 decision, the OMB notes IDOL made it difficult to assess the environmental risks because it refused access to the land. However, it also indicates that over the years, IDOL had followed all orders from the Ministry of the Environment (MOE) such as the installation of a subsurface leachate collection system and the placement of a two-foot-thick cover over the site.

Leachate is a quantity of liquid that has worked through a solid and leached out some of its substance.

In its ruling, the board calls the concerns expressed by the City and its consultants "cautious in the extreme," and said development should be allowed as long as certain precautions were taken.

Those included:

- requiring the developer to perform monitoring for leachate presence and migration every five years starting in 2000;

- a two-metre high fence around the landfill site to keep pedestrians out;

- requiring the developer to give the City a $30,000 letter of credit to be used in the event it didn't comply with the monitoring or remedial work ordered by the MOE.

Phil Dunn, a MOE senior environmental officer, said the ministry inspects the site periodically and the developer and private owner continue to conduct their own monitoring.

Mr. Dunn said there are no concerns at this time and that the mysterious rust-coloured liquid spotted by residents is "iron staining," which is not uncommon in older landfills.

As precipitation in the form of rain and snow percolates through the landfill matter, it picks up matter from the waste inside and carries it outside. This is called leachate and when it oxidizes and dries, the iron component can leave an orange stain.

Mr. Dunn stressed it is not cause for concern.

"We have monitoring information that indicates the impact to the ground and surface water is very minimal," he said. "And it wouldn't pose any risk to anyone walking on the site."

Mostafa Warith, a professor in the civil engineering department at Ryerson University, has spent the past 25 years studying landfills around the world.

He said it is impossible to prevent leachate from occurring at a landfill because there will always be rain, snow, groundwater and liquid in the waste itself.

The level of risk depends entirely on the contents of the leachate, which can range from organics to heavy metals depending on they type of waste in the landfill, he said.

"Leachate is a contaminated liquid," he said. "If it gets out, it will end up somewhere -- in the groundwater, in the creeks and streams. That's why proper monitoring is needed."

The professor couldn't comment on the north Oshawa site specifically but said if iron staining is occurring in large amounts, it could indicate leachate is not being properly collected or redirected.

He said there are many new engineering tools available to ensure leachate doesn't pose an environmental threat but said in a private site like this, it would be up to the operator to pursue those unless MOE issued an order.

Ward 6 Regional Councillor April Cullen is familiar with the site and sent flyers to homeowners in the nearby subdivision years ago to let them know there are no known environmental concerns.

"I was actually looking into buying a house in that subdivision at one point and I would never have done that if I thought there was anything to worry about," she said. "If there was any concern at all, we would be notified and I would make sure we took action."

Coun. Cullen said that while the site isn't dangerous, it also isn't intended for people to walk their dogs or take their kids for a stroll -- that's what the adjacent Harmony Valley Park is for.

Residents who are new to the city or the neighbourhood might not know that it's a landfill, especially because the fencing around it is constantly being ripped down, she said.

Current state of affairs

2008-05-13T15:53:00.004-04:00

Last week, I talked to an employee from the Ministry of the Environment who has visited this site in the past and knows some of its history. He told me he thought the leachate area was iron staining from groundwater seepage, but two associates that have visited the site with be believe it is leachate from the landfill. I called him back and asked for old monitroing records, which he said he could probably locate for me.

Today (May 13) I sent a letter and photos to the Ministry of the Environment and copied the Environmental Commissioner of Ontario. This outlined my concerns, why I think there is an issue with leaching at the site and I included 3 pictures I took in April. The same day, I received a response from the MOE person I have been in discussion with saying this is something he:
- hasn't seen this at the site at this location before
- will definitely follow up on
- will be contacting the owner of the property
- will keep me up to date on what happens

So I will wait and see, and call him back in a week to see if he has
a) established contact with the landowner, and
b) found the old monitoring records I requested

An ongoing history...

2008-05-06T22:42:00.020-04:00

Information to the public on the internet is scarce, but I continue to call and inquire with
people at various organizations, departments and agencies.

From what I have gathered so far:
Pre-1950's
- Printed sources of Native history specific to the Black/Harmony/Farewell Creek area
are limited, yet there is some indication that Native peoples occupied this watershed. In 1993, an archaeological excavation was conducted to uncover the remains of an early Late Iroquoian village, called the Grandview site. The Grandview site was located southwest from the Taunton community on Lot 3, Concession 3 in Oshawa. (Source: Central Lake Ontario Conservation Authority. 2009. Black/Harmony/Farewell Creek Watershed Existing Conditions Report Chapter 2 Human Heritage)

The 1950's
- The 35-acre landfill began operation in 1957, accepting solid commercial and industrial waste under the ownership of Industrial Disposal (Oshawa) Ltd.

The 1960's
- In 1968, the Central Lake Ontario Conservation Authority (CLOCA) purchased the property. Prior to this purchase, the Harmony valley site was used by
the Buckaroo Ranch - a children's dude ranch

The 1970's
- In 1976 a matter between Industrial Disposal (Oshawa) Co. v. Ontario (Ministry of the Environment) at the Ontario Environmental Appeal Board discussed sections 77, 78 and 80 of the Environmental Protection as well as a Ministry of the Environment Provisional Certificate of Approval for a Waste Disposal Site located on this site (Lot 3, Concession 3)
- In 1977, CLOCA prepared a master plan for the Harmony Valley site (Harmony Valley Conservation Area Master Plan Report)
- No new waste has been brought to the site since 1979 or 1980, closed on paper in 1980 or 1985. Development is prohibited on a site for 25 years after its closing.

The 1980's
- There have been amendments to the Certificate of Approval (A390102). According to records obtained by the Environmental Assessment and Approvals Branch of the Ministry of Environment, it was issued in 1985 to Industrial Disposal (Oshawa) Ltd.

The 1990's
- In the 1990's, CLOCA published the Harmony Valley Conservation Area Planning Assessment.
- Coscan Development Corp., which owned three pieces of land near the landfill, asked the City of Oshawa for a zoning amendment to build near the site. The City refused, saying the landfill posed too large an environmental threat to allow residential development so close by, however, the decision was appealed to the Ontario Municipal Board which sided with the developer in a 1995 decision.
- Some time in the early 1990's, the monitoring stations I have photographed stopped being monitored. An MOE employee told me that these types of landfills have innocuous impacts, is relatively small and does not generate a lot of contaminants. (BUT how can we know it is not generating contaminants if the site is not being monitored?)
- In a 1993 Ontario Municipal Board hearing, concerns were expressed over leachate monitoring and leachate impact on the West side of the landfill near the subdivisions. (Decision/Order No. 1130). These concerns from the City of Oshawa were dismissed by the Ministry of Environment.
- - Coscan Development Corp., which owned three pieces of land near the landfill, asked the City of Oshawa for a zoning amendment to build near the site. The City refused, saying the landfill posed too large an environmental threat to allow residential development so close by, however, the decision was appealed to the Ontario Municipal Board which sided with the developer in a 1995 decision. (taken from Oshwa This Week article)

The 2000's
- Industrial Disposal (Oshawa) Ltd. applied to change the name of the owner to Philip Enterprises Ltd. (March 13)
- The Certificate of Approval was amended, to change the name of Philip Enterprises Inc. to Philip Services Inc. (May 26). It is mentioned that the waste disposal site was approved under Section 39 of the Environmental Protection Act. The Section 39
- As a precaution required from the Ontario Municipal Board hearing, the developer is performing monitoring to the West of the landfill every 5 years beginning in 2000. Despite monitoring being performed periodically here, where there is also a leachate collection system, this is not the area I am concerned about.
- In 2003, Philip Services Inc. transferred the land to the current owners (Rossland Acres Inc.). The site was purchased for $100.
- In 2004, Harmony Valley Conservation Area (owned by the Central Lake Ontario Conservation Authority) was purchased by the City of Oshawa and became Harmony Valley Park.
- In May, 2006 the Harmony Valley Park Master Plan was published by Marshall Macklin Monaghan for the City of Oshawa. This document is available online.
There are only a few references to the landfill in this document, among them:
- At the southwest corner of the site is a former landfill site, which is in
private ownership.
- Landfill, if remediated, could allow for future expansion of the park site.
(listed as an opportunity)
- Unknown future of surrounding adjacent projects (Rossland Road, Landfill) make
planning for edges difficult. (listed as a constraint)
- Landfill safety and environmental concerns will affect the park in the short
term. (listed as a constraint)
- In 2008 documents from the Ontario Municipal Board (C-O-2007-05), Urban Bau Corporation is in the process of building common elements condominium tied to a 67 unit block townhouse 711 Grandview Street (on the south-west edge of the landfill). The site is currently owned by CFI Holdings Inc. The plan was initially approved in 1995 by the Ontario Municipal Board.
- In early June, 2008 the landfill property at land to the south was listed for sale on the MLS website. Listed as a 70 acre vacant land property, the sale price asked for $4,900,000. This encompasses 20 acres of the Harmony Creek landfill and 50 acres to the south. The sale was terminated on June 13, 2008.
- In 2009 Sarah Ross and Lake Ontario Waterkeeper submitted an Application for Investigation to the Environmental Commissioner of Ontario. This was accepted, and has resulted in monitoring of the site by the Ministry of Environment.

Is anyone monitoring this?

2008-05-06T22:10:00.008-04:00

This is the big question! So far in my search I have come up empty handed. Intriguingly, there seem to be two monitoring stations where this leaching is occuring. One is made of white plastic and is located downstream of the leaching area, and the second is a metal blue box with a lock on it. I can not tell if either are still operational, and calls to various local agencies have not given me any information on
a) Who owned the site in the past and who currently owns it?
b) What was monitored at these stations in the past and is any monitoring conducted now? What parameters have been monitored and what is the protocol for monitoring?

These sites must belong to someone. My aim is to find out who, and what - if anything - is being monitored here. Delving into the history is interesting, but even more important is the current situation. Whose responsibility is it to monitor the site and ensure heavy metals are not leaching into the water?

Below are pictures of the "monitoring stations" from various angles.

So what is the concern?

2008-05-06T21:50:00.007-04:00

A few weeks ago, while walking my dog, I noticed an unnerving rusty-coloured area along the path that I usually take. I have heard from a long-time resident that this site used to be a private dump site for some nasty things, so this sudden appearance (to me) caused me to do some digging.

Firstly, I took pictures of the site on April 22. I have posted some below. According to a family member of mine, it started just after the spring snow melt. It looks like iron or something, but not having a toxicological background or the thousands of dollars for testing I can not say for sure.

This is very concerning because a) the area is heavily used by dog walkers and other people, b) there is a subdivision directly adjacent to the area, and c) anything leaching out ends up in the Harmony Creek and Lake Ontario (which supplies our drinking water)! Is anyone watching and keeping an eye on this?

"We've poured our poisons into the world as though it were a bottomless pit.. and we go on gobbling them up. It's hard to imagine how the world could survive another century of this abuse, but nobody's really doing anything about it. It's a problem our children will have to solve, or their children."

- Daniel Quinn -

Where is this landfill exactly?

2008-05-06T21:30:00.011-04:00

Probably unknown to many, an inactive landfill in Oshawa has come to my attention. Despite my investigative skills, I have not been able to come up with much information on the site.

Its geographic location is in North Oshawa just east of the intersection of Harmony and Rossland Road. It is surrounded by Grandview Street to the West, Corbett's Park to the North, and Harmony Valley Park (formerly the Harmony Valley Conservation Area) to the East. Maps are published on the June 2 post.

The landfill looks awfully like a large, harmless hill. With little details made available - despite my efforts - I am interested in any history, personal accounts or other information anyone may have! You may post comments here or e-mail me at harmonylandfill@gmail.com