December 14, 2008

Global News follow up - Dec 4

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.

December 3, 2008

Article in the Belleville Intelligencer - Dec 4

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.

November 22, 2008

Article in Oshawa This Week - Nov 19

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://www.durhamregion.com/news-story/3473556-environmental-group-calls-for-landfill-investigation/

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 -

November 14, 2008

Article in Oshawa This Week - Nov 13

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.

November 9, 2008

Article in The Toronto Star - Oct 25

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)



October 23, 2008

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

Phil Dunn from the Ministry of Environment (MOE) sent correspondence 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.

October 20, 2008

Global News coverage - Oct 20-21

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, they are no longer available online.