Update: An MOECC application under a numbered company as a community awaits another court decision

In April 2015, the City of Burlington commenced another application with the Ontario Superior Court of Justice against the Burlington Airpark seeking an order to remove all fill deposited on the Airpark site between 2008 and 2013.  The application was heard by Justice Gibson on November 10th 2015 and we await the decision; expected by the end of April.

This application follows two previous court decisions in favour of the City’s right to enforce its site alteration bylaws at the Airpark site (November 2013 and June 2014) as well as multiple reports of contamination on the site, including several reports by Terrapex Environmental for the City of Burlington and a June 2015 report by Pinchin (Site Specific Risk Assessment) prepared for the Airpark’s legal council.

Terrapex has called the Airpark an “unlicensed waste disposal facility on the basis that it has accepted CONTAMINATED soil“, and Pinchin concluded that “…there is a risk to human health in the event of direct contact with metals and PAH’s in soil and also indicated potential ecological risks due to metals, PHC and inorganic concentrations in Site soil…”

Meanwhile, back at the MOECC, the Airpark quietly submitted an Environmental Compliance proposal under a numbered company with a Mississauga address.  The time for public comment had almost lapsed unnoticed when a local resident flagged the application and alerted the City and Conservation Halton who had both missed notifications on the environmental registry due to the unknown company and address.  The City did some legal research and found “that the numbered company was in fact amalgamated with the Burlington Airpark Inc on January 1, 2007…”.  The City further took the position that “the application has been made by a defunct corporation which cannot have legal responsibility for the proposed works…”, and that the “proponents name as posted on the EBR is misleading…”.  To read the City’s letter to the MOECC regarding the application, click here.

The Airpark has since resubmitted the application under Burlington Airpark Inc., EBR Registry #012-6693.  Comments and submissions regarding the application may now be made until May 14th, 2016, which will hopefully be well after a decision from the Ontario Court of Justice.

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