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5 il toe tribune thueatay may8im 1 a h tonsultants man s v vr i- i- i n was t murray chusid solicitor for york sanitation was one of the central figures in the environmental hearings recently completed on the high way 48 dump here he presents his eloquent often biting summation john montgomery york sanitation lawyer has last word in hearing by john t- he referred to the l montgomery report as sliding in stouffville here at the last minute murray chusid was the and he said the report first lawyer to deliver his argument at the en vironmenfal hearings and he was allowed to give a rebuttal after the other attorneys had i finished 5 mr chusid pointed out the site has been investigated by ll dif ferent groups since 1966 1 he listed the placing of observation wells and said they substantiate what has already- been ound he said they 1 confirm the hydrology consultants report f- he said the critics wanted more test holes but nobody knows how manyare required was not in total agreement withyork but its not bad he insisted if the dump were closed tomorrow the problem if it were there would continue he said it doesnt result from yorks actions but from the dumping of liquid industrial waste before york took over mr chusid thenread from earlier transcripts of the hearings and critized the towns wit nesses in particular the two experts robert gillhanv assistant professor of earth from im notsaying hes telling untruths but hes very hard to pin down on matters that are rather plain arid perfectly ob vious both paul mingay and don hindspn took timein their arguments to come to mr- webbers defence mr mingay termed the attack on mr webber unfair and he told the board his evidence is well qualified and should be given the greatest weight l mr hindson described the evidence of professors webber and gillhamras two solid dissenting opinions referred to salem and exorcising the devil mr chusid was critical of the evidence given by councillor eldred king he said mr- king doesnt like the ministry of the en- vironmerits brief because it supports the application omfork mr- chusid interpreted mr kings comments as how can they support the application when they have these minor con cerns mr hindson later referred to mrkings testimony and said mr kings concern had been peat bog with nobody objecting according to mr bolenders testimony the bogis polluted and- mr chusid said he ex- pects mr bolender to have a little miracleto unpollute it when he goes to sell it mr chusid said the need for the site is amply- deironstrated it is required by private haulers its not on a local road and it is isolated visually t mr chusid said senior environmental officer paul isles had denied any collusion between york and the r that the ministry wasv ministry and mr chusid critical of the site all insisted theirs was mrj chusid said the j through the brief but still strictly a business jalnt whtnhiilvh rwatinmnrfah thu dt rflntinnchin j j neopletof whitchurch jrecommendpdthppxjrelationshin tfsvsometernble thingsriscietices from the tstouffvilleihave the adr pahsionbeppf oved i hsmii rhrmli im spietices i wentin there andwwe umvereity near al ilnnl flnrl nnlllltinri nra tdrntneear twmiarh migrated outsidethe site by now if it were going to and he asked rhetorically where is the pollution i vhe was extremely critical of a report from international water supply commissioned by the townand completed pr jinnovember being j ty tabled at thebeginning of the board will have to come to its owncon- clusion as to what professor webber believes said mr chusid he described mr webber as a nice professorial gentleman sirand said he skated around last weeks session question after question prove a devil exists you can just imagine it paul t bolender who owns property north of thedump was described by mrchusidas my favorite witness he called mr bolender a great protector of the the peoplesreactionto the dump to witchburning removing an en- and several times vironmentally important hindson called this contention nonsense there is no obligation for people outside toronto to accept airports and garbage dumps let industry look after -their- own i v v mr chusid compared regardless of tonnage the monitoring consultants and hearings cost the same v according- to mri- chusid council knew what was going on all the time hearing he critized them for deciding against the site when they didnt have an alternate one and before the hearing was held r he concluded- his argument by saying that tonnage js not a function of pollution and there have been very few noise complaints he said the citizens fears were not reasonable and they are chasing wraiths and imagined spirits on monday- mr chusid took three hours to rebut the arguments of the opposition lawyers at that time he said that mr rovers investigation supports the argument it isjl goodjlumpsiteand should be continued ji i those who oppose arerriissmgr the fact it is an existing site he argued and said they are acting as if it were a virgin site whether it was good idea originally is riot essentially the argument hemain- tained ft he pointed put the aquifer under the site is r ij a greatdeal of the hearing revolved around the credibility of frank rovers and the report he authored on the york sanitation dump in bis capacity as an engineer employed by hydrology con sultants limited mr rovers and his report were praised effusively by mr chusid who said he replied on hard demonstrable evidence mr chusid further stated there was something on mr rovers side like a rock of gibraltar this same report was described by mr mingay as selfserving in his rebuttal mr chusid said he had challenged the opposition to show where mr rovers said two conflicting things or was proven wrong four lawyers had a pretty good go at him and they didnt damage him at all nothing was too small to be picked on said mr chusid mr rovers had very manfully dealt with it according to mr chusid a mr hindson was less impressed with mr rovers rovers is paid by a business to produce a report he said he can design any- site you can see the driveexhibited in that report mr hindson said he likes a man who is forceful and doesnt backdown but he asked the board to consider how many times they had made a mistake or seen ah expert make one s i wish i could say i could win any case but i cant he commented he would be more inclined to believe mr rovers hesaid if he had admitted it is not a good site but said he can make something out of it j it is his job to develop the site to the highest economic capability and that is what he has done concluded mr hindson i dkaabl j smr black said hedoubted mr rover credibilitybecause mr rovers said the site has all the qualities he would look for when the site is located on a kame moraine and has an unknown past mr rovers was accused by mr swaigea of taking selective leadings of water sam- pling at the r f it is hard to follow the reports on the environmental hearing into the york sanitationdump without a program the following is a list of people who are mea- tioned in the hearing reports paul mingay solicitor for the towm of jvhitchurch stouffville assisted by his associate robert black miirry chusid solicitor for york sanitation t7 f rovers engineer from hydrology consultants ltd the consulting firm used by york sanitation v don hindson solicitor retained by seyerafpebple owning land adjacent to the dump s t f c john swaigen representativeof the environmental law association of ontario who is solicitor for the preserve our water resources groupitpowr answering the concerns of citizens 99 town 9 solicitor paul mingay i position stems from the time the decision was made to have a public ater piuity i stouffville according mo paul mingay yorks good corporate citizenship as extolled by mr chusid coincided with action on k the partof theministry of jhe environment mr mingay insisted te responsibility for dumping liquid industrial n waste has nothing to dp with the board butjt is up mothem to deal with the situation ii 3 mr mingay disagreed with mrj chusids opinion of the water in nearby wells e stating it isnt ex- cellent he claimed that pollution of the lower aquifer is reducing so- the dump before the future contamination ms hearing concluded was the fault ofthe present disrespectful to the mingay insisted it is a municipal prerogative operation- the action of council in passing a bylaw to close the dump was defended by mr- mingay and the dump owners who insisted they have made no ap- reasonable grounds for peal the bylaw action j- he said there was no the ministry of the motion by york to quash environmentcamejn for the bylaw and the matter agreat deal of abuse was riot referred to the they were accused- of board by the ministry dragging their feet with any accident at the holding information and dump according to mr allowing theldumping mingay can imperil the operation vto- continue whole watersupply of a without a licence f majortown of ontario mt chisids mr mingay was argument that councils critical of the ministrys passing a bylaw to close approval of the site as their evaluation was based on the applicants report and there has been environmental hearing no independent board was refuted mr assessment but ddnt do anything polluted but j no about it l their op surrounding wells are polluted he insisted the pollution is there and it will pollute the wells or not regardless of whats done now v t he dwelt on the fad stouffville doesnot have their own dump and have no sites tunderiin- vestigation heternied it unreasoning fearcthat there was so muchop- positioicto the j proposed stouffville attorney don- hindson charged the enl vironmentaj hearing board with answering the concerns of citizens i he said the pollution of the town well is only one thing to be looked at he called for ditching and ponding to prevent runoff into the swamp before any more dumping is allowed mr hindson listed a set of ministry regulations for dumps which he claims the york site does not adhere to he said the drainage is at most there was way- doesnt mean not to adversely affect something orange colored- been done j othe properties jwdjheinthe water and pollution v i x2e drainage istnot totxnasnupendem6n turexirattiiicjf obstructed- he mentioned strdted lmaximum profit fromuie that frank roversxhad mr hindsonttwas site and mrhindson said admitted the drainage tor critical of much ofithevifthey continued the the north of the site will technical evidence dump would be higher be doubled with the v submittedby hydrology than buildings and garbage is builtup consultants limited he homes t r- x mr hindson men- said there was no con- acceptability should sistency in the well be a major consideration readings and there are 15 according to mr hind riiillion gallons of son he pointed put that 18 leachate developed each year he called the report a guess and said they dont know the at- tenuating capacity of the tioned the orange sediment which was in the roadside ditch ad jacent to the hutchinson property and later mr chusid rebutted this by saying thereis no evidence anybody has been adverselyaffected withessesappeared to oppose the dump and 2271 people signed a petition against the site- t mr hindson said he t jis personally gratefultol the necessity fur the site does not override thepublic interest he said and the ministrys duty is to the public and not to truckers and manufacturers they must determine if the public interest is properly sacrificed prptectedlv p he described mr chusids arguments as stouffville wells will draw in polluted water mr chusids theory that the damage is already done were dismissed as arguments of ignorance and desperation i safety cannot be to v- ex- commented mr miigay in calling for an adjournment of the as dangerous as they are fallacious there are too many unknowns on the site he said it is not known where or how fast water saentificapproach hearing until all testing is completed v- he criticized hydrology consultants limited for not using a want their garbage hesaidr he returned- to- an- earlier argument that as long as factories are producing dangerous chemicals the dump shouldnt be criticized for accepting them asgar- bage he said the water in keith hutchinsons well should be black if leachate were moving off the site he said the ministry had supported their application because they were looking at it- reasonably donald hindson f he described the fred munroe 1 whp dump as absolutely the catalogued a list of the worst possible siteyou things that could occur2 can find mr- hindson admitted he said the site is not mr muniroe-lias- an 200 yards fromtheroad abrasive wayabouthlm as required not one but added the whole town quarterofa riiilefrom is indebted to him thei neighbors but in fact board was urgedto read there are suyieighborsut5 the munroe rt brief- the vicinityvnbt supposed carefully v- tobeonlandcoveredth the operation has got jwatefmyet there were to be stopped until con- tlagoonsonthepropertyrcerns are reasonably therev not supposed to satisfied the board were i jbe drainage to any told vvj watercourse yet the site v- mr hindson xis located atthe head- x defended paul bolenders v iwaters of the holand peat mining operation iriver- y- i he v said adjacent legak operation at this properties would regain tjpe v 1 theiralueih30yearsbut i mr chusids wouldnt argument that the present owners any good damage has already been mr hindson said the done 1 was dismissed- as people ffeel raped fallaciousmr hind- bruised and brutalized son insisted further byithe landfreezeair dumping- would portiparkwayjbelt and aggravate bvf dump tfj mr chusid later commented on this statement saying just because they feel that and make rehabilitation- of the site impossible he asked that s trick tonnages be imposed for the next four months ntin i byted wilcox stouffville stouffville residents eager to roll up their sleeves and work for a good cause will have- their chance on saturday under thevdirectionof the conservation club 1600 trees will be planted at the flood control area north of v stouffville dist secondary school vltheclub is asking for volunteers to plant the trees- anyone wishing to help out is tomeeton saturday at 10 am on top of the floodcontrol dam and to bring a sharp c shovel and a pail with them ii- i activity is the firstphaseofa series of proposed projects designed to r make the area more useable as apassive recreation zone the trees areto provide screening from the subdivision plahnotfor the surroundingareaj- 5vv v meeting at latcham hall- jjmondaynightabbutsochildrenand adullsgatheredtodiscusstheplanting on fasaturdayadults theminority at the meeting and conservation club president dennis sainsbury urged more to come to help on saturday the planting on saturday will take- place rain or shine according to club- vicepresident jim doble since the trees to 1 go in there will be dug up the day before and have to be planted ilf a lot of people show up itll go in pretty easily said doble otherwise a few will have to put in j- long hours- j 1 at the meeting it was learned that of the trees 1000 were just seedlings while fjthe remainder will be larger helpers on l saturday t will be asked to break up into various designated areas to carry out the j u planting it was suggested that they leave their cars in the high school parking lot and 1 1 fwear- heavysoled shoes 1 r v tvijohngriffithsof theministryof k- natural resources gaveinstructions atthe meeting on how the planting is to be carried suggested that adults bring achild seo with them to carryxthe pail with the seedlmg in it that method is more ef- ficient he said than carrying it all oneself also present at the meeting was lambert stouffer a neighbor of the dam site and former owner of it he told the groud of the past history of the area saying he hoped it would be a beautiful spot for a good many years tocome mr doble of the club said that it had taken them two years to gain access to the area and that in order to retain control the club had tov show- some progress otherwise it would revert to supervision by tfie owners the metropolitan toronto and region- conservation authority since it is 4 low priority on themtrca scheme ii i mf said that part of the reason for the problem with the water level going down in the area was due to the manyrocks ana stones that are thrown into the pond they catch in the valves of the dam and hold them open letting the water escape he suggested that stouffville people should look on it as their area if- theyre breaking bottles its your property theyre defacing he told the group jt club president sainsbury added that it was important that people visiting the site communicate any problems they notice to members of the club so that they can be- corrected i x f y v falso present at the meeting were members ofthe resource rangers an organization sponsored by the ontario forestry assodatibn that is similar to boy scouts- the rangers will be among those helping to maintain the area sotherchildrenat the meeting showed an interest in joining the rangers butthe biggest hiridrancein the stouffvillejarea merit said they presented a real problem because of the harm they do to groundnesting birds whicpneeduhdisturbed open areas j while theclub plans a fpersuasive v approach to the problem to begin with we do have theaiithority to come down hard if iwehave to said mr doble v rit was further pointed out by mr doble that the whole plan is a community project and that no one is paid for maintaining the areawhile themtrcawiu supply jisomeexperusemhdpingtoadininisterthe kareatheywill contribute no money he said vss tv fistheclubliopesthe area will gain further use as an outdoor education centre and a miniwildlifesanctuaryfjshing has again the subject the area came up at the meeting mr doble bekandiwilicontinuestobe permitted therebut hlmtiisnotl iii i- votjliieyplahtp make trails jhrough the areaaccessib to the cominunltyjbut rwimout7uhdulydisturbing theflora and faunapresent cik i i i f 1 r