Start working on mechanical sewage plant, judge orders Dawson, Yukon officials

A Yukon judge has ordered government engineers to make plans for a mechanical sewage treatment plant in Dawson City by the end of this summer, after their original plan for a sewage lagoon was spiked by local residents.

At a territorial court hearing Tuesday in Dawson, Judge Heino Lilles told town and government officials that he was disappointed by a March 6 referendum in which residents voted against the proposed location of the sewage lagoon, effectively killing five years of planning for the $17-million facility.

Lilles had ordered a sewage treatment facility to be built in 2003, when the town pleaded guilty to dumping raw sewage into the Yukon River.

But many Dawsonites said the Dome Road site was too close to houses and underground drinking water sources.

In light of the referendum results, Crown prosecutors representing Environment Canada insisted that the town pursue its only other viable option: to build a mechanical sewage treatment plant, also known as a sequential batch reactor (SBR) facility, that would cost the town about $750,000 a year to operate.

Dawson Mayor John Steins told the court that a mechanical plant would be unsustainable for local taxpayers.

Lilles said the town can explore other, less costly options, but warned that he will force construction of a mechanical plant if there are more delays.

"No convicted defendant like you, corporate or civic, has ever gotten the leeway you have to date," Lilles said.

Hearing set forSeptember

The next court hearing on the matter is scheduled for Sept. 18. Crown prosecutors say they want plans for an SBR plant ready by then.

"The Crown counsel is doing their job. That's what they do at every court hearing: They stand up and say tough things and sound tough. But at the end of the day, you know, we're still no further ahead," Steins told CBC News after the hearing Tuesday.

"It's only because of Judge Lilles's understanding of the situation and patience with us although today he indicated quite clearly that his patience is running out and that's why he's bringing forward the SBR solution."

Steins said he is not surprised that Lilles was "bringing out the heavy stick" in ordering the town to look at the mechanical plant option.

"He's really interested, I think, in upholding the integrity of his court order," Steins said. "I think that's part of the deal."

Yukon government lawyers were told in court that Ottawa has no special duty to provide funding for the sewage plant project, meaning the territorial government has to put up the additional funds required to build a sewage plant in Dawson.