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Nova Scotia

Harrietsfield dump owners appeal cleanup order

Harrietsfield residents who live near a dump in the area have won the right to participate in a legal action involving the site cleanup. It's a health issue, a judge says.

Company ordered to clean up site in 2010; residents still dealing with contaminated water

Nova Scotia's minister of the environment issued two new orders directing that environmental damage caused by this former recycling plant be assessed and repaired. (CBC)

Three Harrietsfield residents have won the right to join in legal action involving a dump in their neighbourhood.

Marlene Brown, Melissa King and Angela Zwicker own properties along the Old Sambro Road near the dump site.

For years, they've had to deal with contaminated water because of material seeping out of the dump site.

In 2013, the provincial environment department ordered the owners of RDM Recycling Ltd., a construction and recycling business,to clean up the site and establish ongoing monitoring at the dump and several neighbouring properties.

Owners appealing cleanup order

The dump was shut down in January 2013 after the municipality refused to license it, accusing the company of violating environmental laws.

In February of this year,Environment Minister Margaret Miller directed the former operator of the site to assess and repair environmental damagewill lead to a cleanup.

Marlene Brown's well has been contaminated by leachate from RDM Recycling. (CBC)

The dump owners are appealing the department's decision to the Nova Scotia Supreme Court.

The property owners say they have a stake in what happens in this case and they want to be able to intervene when the appeal is heard.

'Concerns their health'

In a decision released today, Supreme Court Justice Arthur LeBlanc agreed

"The proposed intervenors' interest in the proceeding is not limited to property interests," Justice LeBlanc wrote.

"The appeal also concerns their health."

LeBlanc said if the dump owner is successful in getting the environmental clean-up order quashed, it could have a serious impact on the property owners' lives because of the water quality in their homes.