Muggah Creek neighbours consider class action civil suit

By Steve MacInnis, Cape Breton Post, April 24, 1999

The federal and provincial governments could be slapped with a class action civil suit by residents living near Canada’s worst toxic waste dump. Residents living around the Muggah Creek Watershed area of Sydney are being invited to a meeting Tuesday to discuss their options for either compensation or relocation.

“It is simply an information meeting to explain the options to residents in that area,” said Sydney lawyer Joe Rizzetto, who has been retained by some residents living near the toxic zone.

Created after nearly a century of unregulated dumping from steel making, byproduct manufacturing and an overstuffed municipal landfill, the watershed area includes the famed Sydney tar ponds which contain some 700,000 tonnes of toxic goo.

Rizzetto said Tuesday’s meeting is open to any residents living in the watershed area from Whitney Pier to Sydney’s northend. The meeting is slated for 7 p.m. at the Hankard Street Community Centre.

'No magic wand' for toxic problem

Province won't pay to move residents

By Beverley Ware, Halifax Herald, April 24, 1999

Sydney - Frederick Street residents shouldn't expect to be moved out of their homes at government expense, their MLA says.

"I would say if any person is unhappy where they're living, yes, they should move," but the province won't pay for it, Paul MacEwan said.

The federal and provincial Environment Departments are investigating yet another pool of toxic goo that has surfaced behind homes on the Sydney street, which runs beside the coke ovens.

Angela Poirier, spokeswoman for the provincial Environment Department, said an official inspected the site Friday and took samples that will be analysed. The department expects to have the results within 10 days.

A federal Environment Department official investigating the find could not be reached. Resident Juanita McKenzie found the gooey substance this week and reiterated her call to be relocated.

A similar pool of the orange-yellow liquid bubbled out of the ground in the same spot near her home a year ago. It was found to be heavily contaminated with arsenic and to have elevated levels of cancer-causing polycyclic aromatic hydrocarbons, heavy metals and benzene.

But Mr. MacEwan said the province is not responsible for moving residents who want out of the neighbourhood. He said the toxicity of the coke ovens site is not the result of any direct government act, and if the province were to pay to move some families, it would have to do the same for countless others. Cleaning up the site, not relocating the residents, is the answer, Mr. MacEwan said. "I say clean the mess up, that's the definitive solution."

And while there's no doubt living near the coke ovens site is a nuisance and affects residents' quality of life, there is no proof the area is unfit for human habitation, he said.

People have to trust the process in place to get the tar ponds and coke ovens sites cleaned up, he said.

"It took a hundred years to create this problem, you just have to be patient," Mr. McEwan said. "There's no magic wand we can wave."

In Ottawa, the federal government was criticized Friday for failing to lift a finger eight months after promising to clean up the Sydney tar ponds. Sydney-Victoria MP Peter Mancini said the toxic waste site is an ugly reminder that the Liberals are all talk and no action when it comes to environmental initatives. Mr. Mancini said he now knows the government was insincere when it signed the memorandum of understanding.

"Since then, the Frederick Street (toxic soil) situation has happened, there have been more health studies, we know we have a higher cancer rate so clearly it's time for action to be taken," he said after raising the issue in Parliament. "There is no specific amount of money committed to this in the federal budget."

Liberal MP Paddy Torsney, parliamentary secretary to Environment Minister Christine Stewart, said several initatives in February's budget are earmarked for environmental projects.

"With regard to the tar ponds, we are actively negotiating a cost-share agreement with the municipal and provincial partners and we are working with the Joint Action Group to identify the solutions and to implement those solutions so the people who live there will have healthier lives," Ms. Torsney said.

No Magic Wand for Frederick Street says Paul McEwan

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