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Possible lead contamination in properties slated for redevelopment

Petition

June 19, 2003

Commissioner of the Environment and Sustainable Development
240 Sparks Street
Ottawa, Ontario
K1A 0G6

Attention: Adrienne Scott

Dear Commissioner:

This is a request for an environmental assessment prior to redevelopment of the properties at 280 and 282 Crichton Street in Ottawa. The reason for this request is summarized below.

During a meeting of the New Edinburgh Community Association last week it was confirmed that the owners of the Crichton Street properties, Ken and Rita McKonkey, have filed a request with the City of Ottawa to replace the existing six-unit apartment building and the fire-damaged duplex with a 35 unit apartment building and an underground garage.

Soil samples from this property, examined by the Kemptville Agricultural College staff in the late 1990's, revealed that the soil contains harmful levels of lead. We are concerned that the proposed redevelopment could cause serious lead contamination of two rivers. The properties are only half a block from the Rideau River that flows into the Ottawa River near the French Embassy. Redevelopment also could contaminate the water table.

Should lead-contaminated water enter the Rideau and Ottawa Rivers, the Environmental Protection Act and the habitat provisions of the Fisheries Act would be contravened. If the redevelopment is approved water pumped from the site may be drained through the storm sewer system, not the treated sewage system, and contaminate some of Ottawa's drinking water. This should be of concern to City officials and residents alike.

We believe, therefore, that an Environmental Assessment is warranted as soon as possible and we will be grateful for your intervention and response.

Yours truly,

[Original signed by Faye Morgan and several other Canadian residents]

Faye Morgan
Unit 9, 319 MacKay Street, Ottawa, ON K1M 2B7 993-6406

[please see attached petitions supplement]

Petition Supplement

10 July 2003

Office of the Auditor General
240 Sparks Street
Ottawa, Ontario
K1A 0G6

Attention: Petitions Coordinator

Further to my letter of 19 June 2003 regarding the development proposal for 280 and 282 Crichton Street and your request for additional information, I am providing the following background and clarification of the environmental request.

According to long-time neighbourhood residents, the century-old barns behind 280 and 282 Crichton initially housed animals and chickens and later were used for commercial purposes. Soil samples from 280-282 Crichton, analyzed in 1977 because one or more people at these addresses wished to plant vegetable gardens, indicated unsafe levels of lead. Some neighbours recollect that the soil samples were sent to Kemptville (likely to the Ontario Ministry of Agriculture and Food - OMAF) and the test results indicated that vegetables grown in this soil should not be consumed. Records pertaining to the 1977 soil analysis likely are held by the University of Guelph and, because records of that era are still in hard copy, they are not now easily accessible.

I have learned that soil sampling technology and techniques have improved dramatically since the late seventies. For purposes of determining whether the proposed development at 280-282 Crichton is safe for the immediate neighbourhood and water/fish habitat in the nearby Rideau River, it may be more practical to initiate an objective and scientific soil test prior to approval of the development proposal than to require an environmental assessment at this stage.

If the samples indicate unsafe levels of mineral, animal or other toxins, we would expect that the City of Ottawa, Fisheries and Oceans Canada and Environment Canada would ensure compliance to by-laws and relevant federal legislation. If no risk exists, then neighbourhood environmental concerns would be addressed.

Your assistance in pursuing timely and appropriate soil tests at 280-282 Crichton is greatly appreciated.

Yours truly,

[Original signed by Faye Morgan and several other Canadian residents]

Faye Morgan

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Minister's Response: Environment Canada

November 12, 2003

Ms. Faye Morgan
9 - 319 MacKay Street
Ottawa, Ontario
K1M 2B7

Dear Ms. Morgan:

I am writing to provide Environment Canada's response to your petition No. 89 to the Auditor General and Commissioner of the Environment and Sustainable Development, regarding the proposed redevelopment of the properties at 280 and 282 Crichton Street in Ottawa. Your petition was received in the Department on July 30, 2003.

I appreciate your concern that the proposed redevelopment may lead to the contamination of the Rideau and Ottawa Rivers should there be existing lead contamination of the soils. I must inform you, however, that elevated lead levels in urban soils are not uncommon. Lead sources may be attributed to historic releases from certain industrial operations, such as the use of lead-based paints on buildings and dwellings, and the deposit of lead particulates along transportation corridors from vehicles when leaded gasoline was in use. Lead is also a naturally occurring substance and, in some locations, natural levels may be elevated due to the geological setting.

Environment Canada administers subsection 36(3) of the Fisheries Act which prohibits the deposit of a deleterious substance into water frequented by fish. When potential violations of the Act are encountered, Environment Canada's enforcement officials conduct inspections and recommend appropriate enforcement actions. However, before the Department initiates an inspection, or compels others to undertake studies, there must be sufficient grounds to conclude that the proposed development has the potential to result in such a violation.

Environment Canada's Ontario region officials are familiar with the general location of the properties and they have reviewed your comments. They advise that, even if the level of lead is elevated in the soils, as the properties are some distance from the rivers, it is unlikely that the proposed excavation and redevelopment activities would result in the mobilization and release of any significant lead contamination into surface waters.

I must also inform you that the two properties at 280 and 282 Crichton Street fall under the jurisdiction of the Municipality of Ottawa, and are not a part of a federal property. If contamination was found to be present, cleaning it up would be the responsibility of the private property owner.

If the proposal forms part of the expansion of an existing building, demolition and/or reconstruction, the reconfiguration of a site plan, or, a change of land use, the owner must obtain a building permit, site plan approval or zoning change, etc., from the municipality. If there is contamination, the municipality may work with the Ontario Ministry of the Environment on a record of site condition. I note that you have already forwarded a copy of your petition to the Ontario Ministry of the Environment and the City of Ottawa.

I appreciate this opportunity to respond to your petition and trust that you will find this information helpful.

Yours sincerely,

[Original signed by David Anderson, Minister of the Environment]

David Anderson, P.C., M.P.

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Minister's Response: Fisheries and Oceans Canada

October 23, 2003

Ms. Faye Morgan
319 MacKay Street, Unit 9
Ottawa, Ontario
K1M 2B7

Dear Ms. Morgan:

This is in response to your petition concerning the redevelopment of 280 and 282 Crichton Street in Ottawa. The Commissioner of Environment and Sustainable Development forwarded your letter to Fisheries and Oceans Canada (DFO) on July 28, 2003, as Environmental Petition #89.

DFO has reviewed information relevant to the matters raised in your petition and concluded that the proposed works are not in or near fish habitat and will not likely affect fish or fish habitat. No further review pursuant to the habitat protection provisions of the Fisheries Act is needed.

I note that your petition was also sent to my colleague, the Honourable David Anderson, Minister of Environment. As Environment Canada is responsible for administration of the provision of the Fisheries Act, which deals with pollution prevention, I expect that this aspect will be considered in Minister Anderson's reply to you.

Thank you for providing me this opportunity to respond to your concerns.

Yours truly,

[Original signed by Robert G. Thibault, Minister of Fisheries and Oceans]

Robert G. Thibault