Judge trashes appeal in Harrietsfield dump cleanup case

A Nova Scotia Supreme Court judge has cleared the way for enforcement of a cleanup order for a contaminated site at a former salvage yard in Harrietsfield, west of Halifax.

In a decision released this week, Justice DeniseBoudreau rejectedan appeal from two men who ownthe property.

Owners Roy Brown and Michael Lawrence had claimedthey were improperly named in the cleanup order issued earlier this year by the Nova Scotia Department of Environment.

• Harrietsfield dump owners appeal cleanup order

The order pertains to property known as RDM Recycling. The site accepted construction waste, such as Gyproc, asphalt and carpet. Rainwater flowing through the debris created leachate, which led to increased levels of chemicals in area groundwater.

Decade of undrinkable water

Many people living close to the site say their well water has been undrinkable for more than a decade. Earlier this month, the province announced help for a few houses closest to the siteandagreed to fund the purchase and installation of water purification systems.

But those systems are only a stopgap. The province has also been trying to force the owners of the site to clean it up, a process that carries an estimated price tagofmore than $10 million.

Brown and Lawrence went to court to oppose the clean-up order, arguing they shouldn't have been named personally by the environment minister. But Boudreau, in her decision, ruled the department was correct to name the men because the company they created to control the waste site was no longer active.

Proceeding with cleanup order

She also rejected the argument the men hadn't been given proper time to respond before the order was issued.

"The appellants have been aware of, and have had meetings about, the concerns related to this property for many years," Boudreau wrote.

"I find it very hard to accept that this order came as any surprise to them."

A spokesperson for the Environment Department said with the court decision, the department will proceed with enforcement of the ministerial order.

• Province issues fresh environmental orders for Harrietsfield recycling plant site