Hamilton asks Ontario for 1 more year to clean up Chedoke Creek spill amid Haudenosaunee dispute

The City of Hamilton is asking the Ontario government to extend the deadline toclean up the sewage in Chedoke Creek by a year to Dec. 31, 2023 because of demonstrations from representatives of theHaudenosauneeDevelopment Institute (HDI).

It's also asking theMinistry of the Environment, Conservation and Parksto issue an order to HDI to prevent the group from causing any furtherdisruptions as it tries to meet ministryorders to clean upthe24-billion-litre sewage spill, a leak that took placeover four years.

Nick Winters, director of Hamilton Water, said a year-long delay is neededbecause the citywould have to potentially renew permits and can't perform work in the water between mid-March and mid-July, among other considerations.

The city was set to start dredging Chedoke Creek inlate August, but contractors paused the $6-million projectwhen HDI representatives arrived on site.

HDI representatives say they're exercising treaty rights and its lawyer, Aaron Detlor, said he had no intention of stopping the work, but wanted to monitor it.

HDI says it hasn't had meaningful consultation with the city about the dredging and the city should getits consent before doing the work, asHaudenosauneetreaty landscover a large portion of Ontario.

In a recent email from Detlor to the city, HDIsaid it would costHamilton$350,000 to undergo that consultation andhaveenvironmental monitors atthe site.

In a newsconference Tuesday,Carlyle Khan, general managerof the public works department, said the city is willing to work with HDI to establish environmental monitors, but won't seek consent to complete a ministry-ordered cleanup.

Khan said the city hasn't had issues when communicating with Mississaugas of the Credit, Six Nations of the Grand River and the Huron-Wendat Nation.

Winterssaidthere have been40 reported instances of disruptions at the dredging site.

Some of those instances includedemonstrators launching watercraft into the dredging area, and someone breaking into a dredging machine and stealing equipment.

Ministry to speak with city about deadline

Winters said the cost fora timeline extension isn't clear.

As for the environmental impacts, he said the material the city is trying to remove has high concentrations of nitrogen and phosphorus, which could leach into the water and create more algae blooms.

In an email to CBC Hamilton, ministryspokesperson Gary Wheeler said:"The ministry is aware of the unexpected delays and will be having discussions with the city about their request to extend the deadline."

HDI spokesperson Brian Hendrysaid the institute welcomes the city's deadline extension, saying it wouldallow for "ample time to properly engage and obtain consent from the Haudenosaunee as they should have undertaken prior to the issuance of the first order of December 2020."

"Our No. 1 priority is to preserve our lands and waters to a complete pre-spill condition so that future generations can realize the benefits of the natural environment to the fullest."