Woolwich finds itself in an awkward position as it reviews a proposal for a subdivision on Union Street in Elmira and the overwhelming opposition to it.
On the one hand, the land is already zoned for residential use, and as an infilling project meets new provincial planning priorities.
On the other, the project promises the potential for years of squabbling and misgivings, not to mention public safety threats and the resultant lawsuits.
Both Chemtura and Sulco Chemicals, two nearby chemical producers, oppose the 44-unit residential subdivision on the grounds that homes would be within the immediate impact zone should a catastrophic accident occur at either plant. That alone should give the township pause.
Although the worst-case scenario is unlikely to develop, there are greater risks, from smaller-scale leaks or fires to something much more common in Elmira, odour problems.
Chemtura has already been sued by neighbours, eventually agreeing to purchase some of the properties. While the company has all but eliminated odour leaks that were once much more prevalent, there’s no certainty problems won’t arise in the future.
In assessing the subdivision bid, Woolwich would be wise to look at the legal issues: could it be held liable, having approved the subdivision, if at some later day residents there decide to sue over odours or other, more serious health and safety issues? Does the benefit of a small increase in assessment base and a few more tax dollars warrant being dragged into a fight that’s already been played out for years in Elmira? Even neighbourhood headaches over truck traffic are likely to make their way back to council chambers.
Aside from the risks associated with having an industrial area on its doorstep, the proposed subdivision sits in an area with a decades-old history of contamination issues. Since the discovery in 1989 of traces of the carcinogen N-nitrosodimethylamine (NDMA) in Elmira’s groundwater, there have been numerous incidents and investigations of contaminants under the surface of land in that area.
Concerns cover not just the Chemtura (then called Uniroyal) issues, but also the problems at Varnicolor Chemical and the Nutrite fertilizer site, which are immediate neighbours of the old apple orchard where Hawk Ridge Homes hopes to build.
The Varnicolor site garnered national headlines in the late 1980s when Elmira resident Alan Marshall, a former employee, blew the whistle on the company’s illegal dumping of hazardous wastes. Almost 600 drums were found to be leaking on site, including paints, solvents, non-hazardous and hazardous wastes. In 1992, Varincolor owner Severin Argenton was sentenced to eight months in jail for breaking environmental laws.
Another Varnicolor site at the end of Oriole Parkway, known as Lot 91, was also home to buried chemical waste. That site came under scrutiny again in 2005 when more barrels of improperly stored liquids were found there.
Two years ago, Chemtura and the owners of the former Nutrite plant were made to install an ammonia treatment plant after that chemical was found in groundwater under the area.
It would not be surprising, therefore, if we were to discover more toxins under the ground there, a situation that could be complicated by the presence of a subdivision.
Planning staff and councillors have their work cut out for them.
