Toxic Waste in Hamilton: 8 Months Later

Last summer, almost 8 months ago, I wrote about two properties in Hamilton containing toxic waste, one at 249 Hess Street North and one at 350 Wentworth Street North. The first property contained hundreds of barrels of abandoned electroplating materials, left in a series of crumbling buildings. The second site contained hundreds more barrels left over from a tar operation, as well as a million-dollar marijuana grow-op in the adjacent building.

As a result of the articles I wrote on these properties, multiple orders from the Ministry of the Environment were issued to the properties in hopes that their respective owners would clean them up. Security was initially posted to both sites by the City of Hamilton Public Health Department. Both of these sites were easily accessible when I found them, with no fences or “no trespassing” signs. Just about anyone could walk onto these sites unhindered.

8 months later, at 249 Hess Street North, the buildings have all been knocked down save for one, which now contains all the material that was found on the site. The debris from the demolished buildings sits in tarped dumpsters on the property. In March I visited this site, and found part of the fence on the Hess Street Side of the property had been removed, and security was no longer posted to the site, at the order of the Public Health Department. The materials remain, and the owner, Dave Maden/Baldev Madan refuses to clean the site up. He has ignored the orders issued to him by the Ministry of the Environment, and threatened to sue the Ministry and the City of Hamilton for “bad faith harassment tactics” and “abuse of authority”. The Ministry’s investigation continues, and it could take up to 2 years to complete. Material that used to be housed on a site at 245 Catherine Street North has likely been moved to the Hess Street property by the owner of both sites. Both the Hess Street and Catherine Street sites used to be owned by the City of Hamilton, and were transferred to the current owner. The City and the MOE knew about the waste on the Catherine Street site as far back as 1999. When the City owned the Catherine Street site, a cleanup was costed, but not completed. Instead, the City sold these sites to their current owner, who continues to evade responsibility for the materials on-site.

8 months later, at 350 Wentworth Street North, some materials seem to have been moved around, but nothing has been secured. An orange plastic fence along the northern edge of the property is crushed into the ground and entangled in debris. The property remains fully accessible from two directions- one being the adjacent City of Hamilton Operations Centre at 330 Wentworth Street North.

What I didn’t see last summer when I visted the property, was the giant chemical pit behind the building. That little kiosk you see in the background is the parking structure for the City of Hamilton Operations Centre. One time, when I was organizing a Garbage Crawl event, this is where I went to pick up the bags and gloves for litter collection. This facility is home to the City Of Hamilton’s Water and Wastewater division, as well as Customer Service and Facility Management.

Ironically enough, in 2003 the City of Hamilton passed BY-LAW NO. 03-125, the The Swimming Pool Enclosure By-law, which requires owners of swimming pools to enclose their pool with a fence. The Public Health Department has some sound advice for parents who own swimming pools, that pools should be surrounded on all sides by fences, and have a self-locking gate which cannot be opened by a child.  At the same time, on Wentworth Street North, there’s a giant chemical pit in the ground with no fence in sight. Maybe the Public Health Department should follow their own helpful tips on this one.

When I found these sites, as confusing as it was to me that they could exist in this condition for so long without anyone taking notice, I thought for sure that the City of Hamilton, the Ministry of the Environment and the institutions we trust to ensure our well being as citizens would leap to action and make it right somehow. Instead, the City of Hamilton seems to have forgotten about the dangers present at this site, and the Ministry of the Environment continues to investigate. Unfortunately in the meantime, residents of this neighbourhood still have to live near this hazardous mess, without any assurances of when or whether the mess will be cleaned up.

In Ontario, we invest less than a third of each penny of our tax dollars in the Ministry of the Environment. Ministry officials can put an order against a property to have it cleaned up, but if the owner doesn’t comply with that order, they’re charged under the Environmental Protection Act, which does not involve a criminal charge, but rather a fine. The fine pays for administrative and legal costs, not remediation of the property in question. If the cost of the cleanup is more than the fine, the owners will simply not engage in a cleanup. In the case of 350 Wentworth Street North, past owners of the property named in the order have appealed their order from the MOE, on grounds that they did not create the mess, that it was left by past owners of the property. The current owner, Harry Tamber, claims that the past owners left the mess on the property and had promised to clean it up. The order from the MOE named  both the current and past owners of the property, requiring them to work together to clean the property up. They have all failed to comply with this order. While they try to lay the blame on one another, the toxic waste remains.

One block away from this site to the north is the Eva Rothwell Centre, formerly Robert Land School. Across the road from the Eva Rothwell Centre is North Central Park, its playground and basketball court located directly beside Wentworth Metal Recycling’s giant piles of heavy metals.

Hamiltonians often think about the industrial sector of this city and imagine it as blocks and blocks of purely industrial properties, out of sight and out of mind. The reality is that these are neighbourhoods, with homes, schools and parks, in between industrial giants. When we think about the social problems that exist in Hamilton, the health problems described in the Hamilton Spectator’s Code Red series, is it hard to see that some people grow up at an unnatural disadvantage, based on where they live and the unadvertised contamination in their midst, in the air, land and water?

Waste Oil. 100 feet from the City of Hamilton Operations Centre

I find it incredible that 8 months later this site is in nearly the same condition as when I found it. I find it incredible that security has been removed from this site, and there’s still no fence to prevent people from entering this site. I find it incredible that the governments who claim to represent us can’t pull together the will and resources to clean up these toxic sites, but obsessed for over a year on a project to build a Stadium, which upon taking office was our Mayor’s top priority.

We need leadership. We don’t need the same old answers- these owners will resist engaging in a cleanup at all costs. As Hamiltonians and Ontarians, we deserve far better.

Secure fences need to be surrounding this site on all sides. Before we see another Plastimet disaster, the City of Hamilton needs to be serious about preventing access to this site. We have a responsibility as a community to do something about this site before it’s too late.

Please contact your representatives, and tell them these toxic sites still need to be cleaned up, one way or another. If our municipal and provincial governments can afford to build a Stadium and a flooding Parkway, they can certainly afford to do whatever it takes to make sure this mess is cleaned up immediately.

Your Representatives:

Mayor Bob Bratina 905-546-4200

Brian McHattie 905-546-2416

Jason Farr 905-546-2711

Bernie Morelli 905-546-2702

Sam Merulla 905-546-4512

Chad Collins 905-546-2716

Tom Jackson 905-546-2707

Scott Duvall 905-546-2706

Terry Whitehead 905-546-2712

Brad Clark 905-546-2703

Maria Pearson 905-546-2701

Brenda Johnson 905-546-4513

Lloyd Ferguson 905-546-2704

Russ Powers 905-546-2714

Robert Pasuta 905-546-2705

Judi Partridge 905-546-2713

Minister of the Environment: 

The Honourable John Wilkinson E-mail the Minister

Ministry of the Environment – Hamilton Regional Office
Toll free: 1-800-668-4557

Premier Dalton McGuinty:

MPP Andrea Horwath, leader of the NDP:

MPP Tim Hudak, leader of the Progressive Conservatives:

Please use the links below this article to share this information via social media.

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6 Responses to Toxic Waste in Hamilton: 8 Months Later

  1. seika says:

    Perhaps what needs to happen is that WE the public need to put MORE pressure on these companies and the city. Sometimes a BIG MOUTH is what it takes to get things done. Companies that create these toxic waste sites should be held accountable and if they are not then the land should be confiscated and the CITY should do their due diligence to clean up the mess. The amount of money being WASTED on the stadium would certainly be put to better use cleaning up things like this and repairing infrastructure etc… Maybe what needs to happen is that when all those athletes and “tourists” come rolling into town for the NEW waste of money Pan Am Games Stadium they are made to pass by all of our blight to see what $125 million really buys!
    For a start i am going to send an email to every address posted here and ask WHY nothing has been done…

  2. Pingback: H Mag | Toxic Waste in Hamilton – 8 months later

  3. seika says:

    This is what I sent out… it’s simple and straight forward.. and I hope you don’t mind that I added an excerpt from the blog. I am going to continue to bombard them with emails and phone calls until someone stands up and takes notice…

    > I find it incredible that 8 months later this site is in nearly the same condition as when I found it. I find it incredible that security has been removed from this site, and there’s still no fence to prevent people from entering this site. I find it incredible that the governments who claim to represent us can’t pull together the will and resources to clean up these toxic sites, but obsessed for over a year on a project to build a Stadium, which upon taking office was our Mayor’s top priority.

    Above is an excerpt from Matt Jelly’s recent blog post.

    I find this completely appalling and unacceptable. Why are these TOXIC waste sites NOT being cleaned up. The excuses have to end, the millions of dollars being wasted on things like refinishing City Hall and Stadiums need to STOP!!! We as residents and property owners are being forced to live among these toxic pools of waste and are trying to raise families here. I bought a home in the north end of Hamilton 5 years ago and am now feeling that this may have been a BIG mistake. I find out I have toxic waste all around me and a 13 yr old son who is growing up with this around him. IT NEEDS TO END NOW!!!!!

    I believe that as residents who live and work and have families here we deserve safe and productive neighbourhoods. I am going to make sure I pass this information to all and everyone who will listen and make every effort is made to inform everyone who will listen. Newspapers, radio, social media etc…

    CITY OF HAMILTON, politicians and the Ministries involved…you need to step up to the plate… and NOW!!!!

  4. Glen MacMillan says:

    I find it hard to believe that property in such state could change hands. Any industrial land being sold should have a “safe to purchase” inspection. Like a gas station with its submerged tanks. As for the state, unfortunately humans will be naturally lazy and try to get away with many things. And it would appear many things are being gotten away with here. It is without a doubt full of corruption. As our city politician are full of and which has been the underlying problem with politics in the Hammer, IMHO. They all need to be replaced including those who council them..
    Appalling I find is, there seems to be no upper hand of authority, who has any teeth to correct this horrible and inexcusable situation. Charge 5 cent for a darn bag at the groceries store and where does the money go? Obviously not to the or for the environment and its protection policies.. I would be ashamed to sit on council in that ward, and in any of the departments who are even vaquely responsible for allowing such a mess to linger. Scratch the mess word, and replace with TOXIC WASTE!!!!!!!!!
    Maybe we should rent a view road side signs, like the first one on Main street west, have someone donate their time by making these pictures sign sized and display them on these signs. And of course ot be policially correct have a header..” Welcome to Hamilton”

  5. Kirk P says:

    hey jelly

    You are not just smelly but full of shit!

  6. Pingback: A letter to Premier Dalton McGuinty, MPP Andrea Horwath, MPP Tim Hudak and Mayor Bob Bratina «

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