(photo courtesy of: www.ontarioliberal.ca)
Minister James Bradley you have been referred to as a “rock” by Premier Dalton McGuinty for your experience and knowledge of the 'ins' and 'outs' of politics. This author's previous experience with you as Minister for Municipal Affairs and as Minister for Correctional Services has been documented here on no-ad-LIB well enough and on mayorgate.blogspot. Sadly nothing that was reported could be seen in any favourable light. Now we begin a new phase with you, or maybe we can call it an encore performance.
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Environment Minister Jim Bradley has the Clean Water Act (CWA) 2006, the Ontario Resources Act (OWRA) and now the Water Opportunities and Water Conservation Act 2010, all at his disposal to protect our lakes and safeguard our fresh water supply, and even the habitats for the fishies. His government under the helm of Premier Dalton McGuinty has promised a bright new action plan specifically designed to protect our lakes titled the 'Great Lakes Protection Act' (GLPA) by 2015 but that's only a promise and in the meantime what happens to our lakes is anybody's guess. It is turning out to be more complicated than a Shakespeare stage performance with all these 'acts'. Sadly Premier McGuinty nor his Environment Minister, in this production it is the 'rock' Jim Bradley, have any real desire to enforce any of these wonderfully worded documents. Shakespeare at least had devoted followers.
MOE's Strategic Advice
Where do we as the people of Ontario go when a minister is caught in a lie? There is no oversight committee to turn to, not in the real sense. The office of the Ombudsman is only a dog without dentures far from their claim as 'Ontario's Watchdog.' Premier Dalton McGuinty will do nothing, after all how does he face the public when the evidence of his minister's intentional deceit of the public is undeniable. McGuinty would simply do the usual thing and try to ignore it.
Environment Minister Jim Bradley has had Director of Investigations and Enforcement Lisa Feldman lie in writing regarding a serious situation in relation to an official ministry report. As Lisa Feldman answered on behalf of Minister Jim Bradley, Bradley has refused to do so himself, and had lied then it is Minister Jim Bradley who has lied.
A
report dated February 16th 2011 issued by the Ministry of
Environment in response to an investigation request by the
Environmental Commissioner of Ontario made a clear statement. It
stated “...the property owner has already been advised to move
the damaged vehicles away from the property line...” This
report signed by Ass. Dep. Min. Kevin French Operations Division and
a copy forwarded to the Environmental Commissioner's Office as part
of the EBR, Environmental Bill of Rights, protocol. In turn the
Environmental Commissioner of Ontario compiled, copied and presented
the MOE report as part of the Annual Report the ECO presents to the
legislature. Ministry of the Environment report referenced
ENV1180AC-2011-2, EBRO File Number: 10EBR004.1 was an official
document.
As
this report was dated February 16th
2011 it was bewildering how the owner of the property Sam Demita of
Sun Collision could simply ignore a ministry order of any kind.
It
would
not be possible to imagine a business in Ontario to be able to ignore
any ministerial instruction. Still no vehicles had been moved from
the property line for over a year. Mind you this same property owner
had been found in contravention of an Ontario Regulation #347 in the
first investigation. It seemed that after years of operating an auto
collision business this individual decided that burying asphalt,
tires and other hazardous waste was his solution at reducing the
volume at landfill.
Damaged
vehicles have the potential of leaking dangerous chemicals into the
ground and even the ECO agreed that these damaged vehicles needed to
be moved. Photographs taken throughout 2011 and early 2012 proved no
vehicles were moved. Sam Demita of Sun Collision simply ignored what
appeared to be a ministerial order, without consequence and the
ministry itself did not bother to monitor even though Sam Demita had
violated the EPA.
Minister
Jim Bradley as the Minister of Environment was sent a letter on
February 2nd
2012 detailing the facts and a number of photographs with date stamp
were provided. Minister Jim Bradley ignored this letter. On March
5th
another letter was delivered to Minister Jim Bradley's Constituency
Office in St. Catharines, as Minister Jim Bradley is not only the
Minister of Environment but also the elected representative for the
St. Catharines riding, (it is understandable how the provincial
elections may be considered a horse race). Bradley has celebrated 35
years as an MPP, he has had the snapshots with his grin and
backslapping praise yet he has ignored the very people who have
elected him. No word had come as a response from Minister Jim
Bradley even though Premier McGuinty stated in a letter that his
honourable colleague would be contacting directly, that was dated
March 2nd
2012.
No
response came from Minister Jim Bradley at all, yet he did find time
to intercede on behalf of the people of Windsor. March 20th
2012 brought a letter signed by Lisa Feldman Director Investigations
and Enforcement Branch. In her letter Feldman states: “Thank
you for your letters of February 22 2012 to Minister Bradley... I
have been asked to respond directly to you about this matter.” And so it began, Director Lisa Feldman became the mouthpiece for Minister
Jim Bradley and Minister Bradley never let his arrogance change, he
refused to have any contact with the people in his riding personally.
Attempts
to find clarification on the issue of the damaged vehicles and what
appeared to be a ministerial order ignored finally brought another
response form Director Feldman for Minister Jim Bradley. This time
Director Feldman has this to say, “You have also
expressed concerns in your emails about damaged vehicles parked by
the fence on the Sun Collision property, a concern that you also
raised in correspondence to Minister Bradley in February 2012.”
Mind you Director Feldman's
letter is dated June 13th
2012, she continues, “In response to those concerns, the
Ministry determined that there is no evidence of an offence in
regards to this matter, and as such no action will be taken by the
Ministry with respect to that issue.” This
was impossible to comprehend.
A
business operator decides to tell a ministry to go to hell when an
order is issued and “there is no evidence of an offence.”
As the original report of
February 16th
2012 was signed by Ass. Dep. Min. Kevin French by the Ministry, a
letter was sent to Kevin French. The response shocking in the least.
Ass.
Dep. Min. Kevin French also refused to reply, being an elected
provincial Liberal that was not a surprise when cornered with the
truth. Instead Jayne Harten Issues Manager and Strategic Advisor,
Office of the ADM Operations Division, Ministry of the Environment
and her response was: “Ministry
staff spoke to the property owner of Sun Collision, Mr. Sam Demita
during their site visit on January 5th
2011 and followed up with a written letter dated January 13 2011,
requesting that damaged vehicles be parked away from the fence line
as a preventative measure. This request was outlined in the EBR
decision summary which was sent to you in February 2011. A copy was
also provided to Sun Collision.” Simply
astounding in relation to Director Feldman's June 13 2012 response on
behalf of Minister Jim Bradley.
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It is now clearly confirmed
that Sam Demita was instructed to move the damaged vehicles by the
MOE. Ministry staff did it face to face, in a letter and with a copy
of the EBR response! He decided to ignore the ministry order.
Photographs and information was provided to the Environment Minister
Jim Bradley who decided to ignore every attempt at contact. Finally
Minister Bradley uses a Director of the MOE, Lisa Feldman to
convolute and in effect lie about the issue. WHY? Who is Minister
Jim Bradley protecting this time? Who is Minister Jim Bradley lying
for?
These
are maybe unpleasant questions to ask but the facts demand a response
from the highest level. No one will accept as fact that a provincial
ministry will allow any business operator to ignore their provincial
order without consequence. Director Feldman who as Director of
Investigations and Enforcement should be removed for she is nothing
more than a Minister's mouthpiece equivalent to a Ms. Keystone Cop.
Director Feldman must provide answers to explain her response of June
13th.
Minister Jim Bradley must provide answers to questions and not
through another lackey but himself.
To Minister Bradley the
question stands loud and clear. Who did Minister Bradley attempt to
protect? Minister Bradley had all the information provided in
February 2012 with photographs as hard proof of Sam Demita's
intentional breach of ministerial order for over a year. Bradley
knew these facts and still instructed Director Feldman to respond
with the insanity she did. WHY?
In today's society we no longer
believe in any altruistic motivations of our elected public servants.
Yet we have no avenue to address their corruption except to rely on
the boss of the party. Here we have a government, a Liberal
government, praising itself on environmental policy and action.
Their self-inflated egos herald their green policies, windmills and
the protection of our Great Lakes. Yet the very Minister of the
Environment, Minister Jim Bradley butchers and mangles the
Environmental Bill of Rights! The hypocrisy of Premier Dalton
McGuinty's government is astounding.
This is now hard evidence,
absolute proof of Minister Jim Bradley using a Director in his
ministry to obstruct the legislation to protect someone who has
breached ministerial orders. When the Office of the Ombudsman
reviewed issues with the MOE investigation of 2009, where Sam Demita
was found to be in contravention of Ontario Reg. #347, the MOE
claimed that he was a good fella and obeyed the orders of the MOE.
This was the excuse that was provided for the lack of action taken by
the MOE. Now this response to the Ombudsman is suspect.
Here is clear proof provided on
behalf of Ass. Dep. Min. Kevin French by Jayne Harten, Issues Manager
and Strategic Advisor Office of ADM Operations Division of the
Ministry of Environment. Minister Jim Bradley has nowhere to go. No
more lies are possible. Answers must be demanded and an
investigation into Minister Jim Bradley's handling of this whole
affair must be conducted. Minister Jim Bradley decided to ignore
legislation and breach the EBR to protect someone and that is a
serious question that must be answered. Ministry of the Environment
has no credibility at this time in anything they do in relation to
Sun Collision and Sam Demita.
Premier Dalton McGuinty must
become involved regardless of the praise he gushed all over Minister
Jim Bradley. Minister Jim Bradley must be investigated and asked
some serious questions.
Bradley's a Two Headed Coin
SHOULD I DRINK THIS MINISTER BRADLEY?
Minister
Jim Bradley has the legislature standing and flapping their hands for
his 35 years in politics. It is an achievement of sorts to be able
to face the people with two faces for so long. Recent events have
shown that Minister Jim Bradley is the consummate hypocrite. Premier
Dalton McGuinty referred to Jim Bradley as a 'rock' in politics,
someone who knew how to get the job done. In his riding of St.
Catharines opinions are widely mixed on that point.
As
Minister for the Environment, Jim Bradley claims a pedigree of sorts,
as he has had previous experience in the post. A neighbourhood in
St. Catharines has faced the potential of a contaminate being
discharged into a drainage ditch which flows into a storm water
run-off catch basin and the contaminated orange water leaching into
the neighbourhood. The background to this situation quite unpleasant
with an auto collision business that has had three separate
investigations approved against it by the Environmental Commissioner
of Ontario in a little over two years.
Orange
water being discharged into the open environment is far from natural,
more so when that water has a blue sheen and rainbow on the surface.
The owner of the auto collision business has refused to abide by a
Ministry of Environment Order since February 2011, without
consequence even though MOE and Minister Jim Bradley have been
informed. Yet every attempt to contact the Honourable Jim has been
met with total ignorance. Minister Bradley's boss Dalton even wrote
that his Honourable colleague would be contacting me directly in
response to my questions. But the 'rock' simply ignored his boss,
after all 35 years must have its privileges.
Every
attempt to contact Minister Jim Bradley has been ignored by him, even
a letter delivered to his constituency office, for Minister Jim is
not only the Environment Minister he is also the representative for
the riding of St. Catharines. Though Minister Jim did find the time
to intervene on behalf of the people in Windsor Ontario and their
fight regarding noise coming form the US. How do the people of St.
Catharines who elected Jim Bradley and who kept him in office to
achieve his back-slapping record feel now?
The
controversy surrounding the orange water and the potential
contaminates has reached new alarming heights. Dr. Valerie Jaeger MD, PhD. has made statements in writing that Ministry of the
Environment has provided her with information that is deceitful and a
complete fabrication. Now it may be less of an alarming situation if
Dr. Jaeger was not the most senior public health official in the
Niagara Region and responsible for the public health of over 430,000
people. One would agree that her position is of some importance and
yet her statements claim that MOE has lied to her regarding an
investigation conducted in 2009. An investigation by Minister Jim
Bradley would be expected immediately, instead we again only have
silence from him.
In
the news though Minister Jim Bradley is far from silent as he tries
to sell how he and his government is going to protect our Great
Lakes. Our Great Lakes are a natural wonder, a treasure and the envy
of many around the world for the abundant supply of our fresh water
needs. Dalton McGuinty has his 'Honourable' Jim Bradley sell us a
new piece of legislation that promises to protect our treasured
lakes. The 'rock's' rhetoric surrounding this new legislation is
heartwarming and full of promise.
The
Great Lakes Protection Act will be chaired by the environment
minister and include other ministers, municipal representatives,
scientists and more. A suggestion could be to include John Gerretsen
and Lauren Broten they have a mass of experience in turning the other
way as contaminates are poured into the lakes. Maybe the St.
Catharines Mayor Brian McMullan would be a truly inspiring choice.
Still the Great Lakes Protection Act is being flogged as the saviour
of our precious resource. This shares a resemblance to the Excellent
Care For All Act of 2010, heralded by Dalton McGuinty and Health
Minister Deb Matthews. Now one should never forget the more than
three dozen innocent victims through the C-difficile outbreak in
Niagara before the provincial government got off their butts to act.
During
those horrific days of fear and uncertainty our man of the people Jim
Bradley would not make a comment. He did brag about how much the
Liberals spent on health care and the new hospital being built in St.
Catharines. So when Niagara Falls/Fort Erie MPP Kim Craitor said,
“Jim, in my opinion, is the epitome of someone who truly cares
about the people of his riding and Ontario,” the
hypocrisy of our Jim Bradley only began to shine more brightly.
Minister
Jim Bradley has shown his care for the people of his riding by
refusing to even acknowledge us. He has shown his care for the
issues that have been brought to his attention by ignoring them.
Maybe MPP Kim Craitor would like to try and jump to his pal's defense
somehow? Dalton McGuinty in his praise of Minister Jim Bradley has
this to say “...an MPP of high ideals and a deep
commitment to our democratic traditions, the people of St.
Catharines, and our province.” (Bullet News Niagara by John
Robbins).
Can it be possible to forget
how as Minister for Municipal Affairs and Housing Minister Jim
Bradley was provided clear evidence of a serious breach of the
Municipal Act by the Mayor of St. Catharines. As the Minister for
Municipal Affairs Jim Bradley was responsible for the enforcement of
the Municipal Act. Mayor Brian McMullan, the Mayor of St. Catharines
a personal friend of Minister Jim had fixed a lawful by-law fine. No
mayor has the authority to do that not under the Municipal Act of
Ontario. Clear evidence was provided, even a recording from a
telephone answering machine where a voice message by a City of St.
Catharines Councillor Jennie Stevens confirming that Mayor McMullan
had 'fixed' the fine, that was not enough to bring a movement
from Minister Jim Bradley. Minister Jim protected his pal Brian
McMullan from any consequences.
Jim Bradley was moved then to
the Community Safety and Correctional Services Ministry. Here as the
ministry is responsible for the enforcement of the Police Services
Act, somewhat of an important role. Once again clear evidence was
provided to Minister Jim Bradley with voice recordings of Niagara
Regional Police Officers, that officers had lied on their incident
reports. Any incident report is a legal document signed by an
officer of the law as a statement of fact and under the rules of
perjury. Officers of the Niagara Regional Police Service in St.
Catharines intentionally lied on their incident reports and the
evidence of this clear and provided to Minister Bradley. His
response again was to do nothing at all. His “commitment to our
democratic traditions” truly inspiring, no surprise about what the
world saw at the G20 Summit.
Clearly we are within our
rights to demand answers from Minister Jim Bradley, though none will
be forthcoming. Jim Bradley's hypocrisy is a beacon in the political
structure of the McGuinty government. Even a letter from Premier
McGuinty himself confirming that his 'Honourable' Minister Jim
Bradley would respond was nothing more than a lie in the end. MPP
Kim Craitor points to a hallmark portrait of his pal and “mentor”
and Mayorgate/no ad LIB would invite comment from the MPP but without
the political rhetoric only on the hard evidence. Not likely to
happen though. As far as Minister Jim Bradley and his 35 years at
Queens Park maybe he would answer the questions brought to him though
that is even less likely to happen.
Premier McGuinty in his
statement sent to Bullet News said, “Jim has been a constant...”
Yes that is true, Minister Jim Bradley has been a constant and the
evidence provided only asks, a constant what?
SHOULD I DRINK THIS MINISTER BRADLEY?
Environment Minister Jim Bradley has the Clean Water Act (CWA) 2006, the Ontario Resources Act (OWRA) and now the Water Opportunities and Water Conservation Act 2010, all at his disposal to protect our lakes and safeguard our fresh water supply, and even the habitats for the fishies. His government under the helm of Premier Dalton McGuinty has promised a bright new action plan specifically designed to protect our lakes titled the 'Great Lakes Protection Act' (GLPA) by 2015 but that's only a promise and in the meantime what happens to our lakes is anybody's guess. It is turning out to be more complicated than a Shakespeare stage performance with all these 'acts'. Sadly Premier McGuinty nor his Environment Minister, in this production it is the 'rock' Jim Bradley, have any real desire to enforce any of these wonderfully worded documents. Shakespeare at least had devoted followers.
It has been proven with hard evidence in reports published on no ad LIB that the McGuinty government truly is more talk than action. How have the ministers and brilliant staff of MOE protected our lakes?
Now Minister Jim Bradley has a serious issue on his hands. To repeat a quote given to reporters from The Star on January 19th 2012 (Banzie, Ferguson and Talaga): “The premier has said environmental protection is extremely important and I know cabinet as a whole believes that's the case. Having said that, each an every ministry is looking at ways in which it can deliver services in a more efficient manner.” What does that really mean to Minister Bradley? MOE has not only ignored its own legislation but has protected contraveners here in Minister Bradley's riding of St.Catharines.
Sun Collision had contravened the EPA and Ontario Regulation #347 with full intent. Its owner Sam Demita ignored MOE directions even after he was protected from any penalties by local MOE. Minister Bradley has all the details on this issue surrounding Sam Demita and Sun Collision but remains silent.
In June 2010 large amounts of orange coloured water was gushing from a private drain on Pinecrest Avenue, from a small townhouse complex. This complex is abutting the no longer used railway line and Sam Demita's Sun Collision. Sun Collision had been the subject of an environmental investigation from late 2009 and completed only in June 2010. Sam Demita was caught burying asphalt, tires and concrete with re-bar in contravention of Ontario Reg. #347 of the EPA. He buried all of this intentionally into an illegal fill of a natural ravine spanning some 35,000 square feet. No action and no penalties though from the MOE. Sam Demita caused flooding into the neighbourhood and massive movement of water by illegally filling that ravine. By mid June 2010 large amounts of orange coloured water was coming from the drain.
Minister Bradley must agree that orange coloured water is not exactly normal? A MOE field investigator Phil Hull came and visited the car park where this water was coming from. He did this with a local long-time resident as a witness. Mr. Hull of the Niagara MOE said to the resident that this was not normal, took pictures and nothing else. He acted more like a Japanese tourist than a trained professional. Hull took no samples of the orange coloured water! An investigator from the Ministry of the Environment see's orange water coming from a drain, in an area that has been under environmental investigation yet takes no samples? Hull had no professional curiosity on such an occurrence?
Late 2011 more orange water had been seen, now in a ditch directly behind Sun Collision's building. This ditch was dug by Trillium Railway, after an MOE investigation of 2009-2010, his cure for the requirements of storm water management from a property well over 35,000 square feet. Orange coloured water is only present in the ditch extending from behind the Sun Collision building where the automotive refinishing and paint shop is. Could it be in MOE's brilliant investigator's perception that this is simply rain water. At the end of this ditch is a relatively new storm water drain, and without doubt this orange water has been making its way into the sewer and our lake.
Sam Demita was quoted as saying by a local reporter “Water always runs down hills, where else is the water going to go.” True it does run down a slope and this ditch is sloped towards the storm water drain. Yet it only appears behind the portion of the Sun Collision building where dangerous chemicals are used. Staining on the grass in the ditch has a solid appearance as it is dried. This is clearly evident in the photographs. A blue sheen and rainbow on the surface is evidence of fuel or oil present. Here is a point to consider, a smash repair business, water with the sheen and rainbow on it, any chance there is a connection? What chemicals could be present in this water? How harmful are they to the natural environment, public health and our fish habitats? Can this be deliberate dumping of some sort by Sam Demita and Sun Collision? Demita said in April 2010 “We've improved it, not made it worse.” More questions arise as to how this orange water appears in the ditch. Where is it coming from and what's in it?
An alarming point is raised when you realise that in June 2010 large amounts of this orange water was seen on a property. The stains are still evident on the asphalt driveway today. All of the water from that period made its way to the storm water run-off sewer on the street, and in time our lake. Now in 2012 the orange water is visible again, (full details revealed on Mayorgate's: 'When Is Orange Water Not KOOL AID?') Has it flowed underground all this time? How much of it has in fact penetrated the neighbourhood? No sampling was done by the MOE in 2010, that is even confirmed in writing by the Ministry of the Environment!
It has been claimed by McGuinty's government that the environment portfolio was deemed a priority, that it would not want another Walkerton. What is then the excuse or explanation for this by Minister Bradley? All lies maybe? A neighbourhood in Minister Bradley's riding has potentially been exposed intentionally by the MOE and the municipality of the City of St.Catharines. Nothing is normal about orange water, and the lie of rust as the course now is clearly only a lie. Why were no samples taken in 2010? Who needed protection from the truth? What is the purpose of a Ministry of the Environment field investigator? Do MOE investigators only take photographs? Sam Demita ignored MOE instructions regarding the damaged vehicles and nothing has been done by MOE. This contaminated orange water is directly behind Demita's Sun Collision. How much more is needed as evidence before real action is taken. MOE protected Sam Demita from penalties after intentional breach of Ontario Regulation No.347, what will Minister Bradley do now?
A neighbourhood is at stake - innocent people who have had to endure flooding and damage to homes and yards. What is the risk in this contaminated orange water? Orange colour, together with a sheen and rainbow is definite signs of contaminates. What will be done to safeguard the safety of this neighbourhood, its people and our lake? What will Minister of the Environment Jim Bradley do?
Ministry of Environment Order Ignored
As minister of the Environment you speak from some experience at least that is the claim. Here a situation is being brought to your attention that stems from an investigation that was requested by the Environmental Commissioner of Ontario but refused by the MOE. Although the individual and his business had already been found guilty of breach to environmental laws. Sam Demita owner of Sun Collision in St.Catharines had been caught burying hundreds of tonnes of asphalt, tires and concrete with re-bar – all considered as dangerous waste material. Sam Demita was found to be in contravention of Ontario Regulation #347 which prohibits the burying or using as fill waste material even if adverse affect had not been established. He faced no penalties at all for this contravention, yet hard to believe as it was clear he did this with full intent. More on this later.
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| Hundreds of tonnes of asphalt buried illegally and MOE called this "only a small amount." |
Ministry of the Environment after receiving a request by the Environmental Commissioner of Ontario for an investigation refused to conduct an investigation providing their reason in writing on February 16th 2011. Any application for investigation that is reviewed by the ECO is done so under very strict criteria. Still the MOE decided not to conduct the investigation. The MOE written refusal not to conduct an investigation states that a “small amount of asphalt and concrete with re-bar,” was found. Photographs showed hundreds upon hundreds of tonnes of large chunks of asphalt. These were photographs of the illegally filled section of a large ravine where the asphalt was dumped and later buried. Even though this was in direct contravention of Ontario Regulation #347 and done with clear intent, no penalties were imposed. In fact this was the MOE response.
“In accordance with ministry policy, the file was not referred to Investigations and Enforcement Branch as there was no indication of adverse effect and the company complied with the Director's Order.”
Minister Jim Bradley what is ministry policy? Your own Regulation #347 is clear! What is ministry policy? You don't even enforce your own regulations.
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| These are some of the original photographs of damaged vehicles parked at the property line abutting the public park, stormwater drain and a local neighbourhood. |
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| These photographs were provided to the Environmental Commissioner of Ontario who requested an investigation to be done by MOE. The MOE response dated February 16, 2011 follows. |
On page 3 of the response by MOE it states, “Ministry staff have observed damaged vehicles in the area but have not observed any evidence of leaking fluids. As a general rule cars leak fluids at the scene of an accident and such fluids would be subject to clean-up at the accident scene.” The sheer absurdity of these words are only over-shadowed by the hypocrisy of what followed. Minister Bradley how many professional mechanics or auto tow truck drivers would you need to talk to in order to see the stupidity of this.
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| The MOE refused the Environmental Commissioner's request with a statement highlighted on page 3 that stated an order was issued to Sam Demita of Sun Collision to move the damaged vehicles from the property line, this was dated February 16, 2011. |
Still the MOE does go on with this: “As a preventative measure, the property owner has already been advised to move the damaged vehicles away from the property line so as to lessen the potential for fluids to move off site and to clean-up any spills detected in a timely manner.” Now don't you just love this Minister Jim Bradley.
Now the Environmental Commissioner of Ontario in his Annual Report Supplement 2010/2011 has this to say: “The applicants did raise a legitimate concern that can receive too little attention: vehicles, damaged or not, leak fluids on roadways and parking lots. Precipitation runoff carries and deposits contaminates into rivers, streams, and lakes. Brake fluid, antifreeze, and motor oil, for instance, may pollute water sources with ethylene glycol, heavy metals, and petroleum distillates.”
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| No damaged vehicles moved, this was June 2011, even though the instructions by MOE to Sam Demita of Sun Collision were prior to February 16 2011 to move damaged vehicles from property line. |
Where do we stand now in 2012? The brilliant investigators of Niagara MOE, and you Minister Bradley would be quite familiar with Rich Vickers head of the Niagara MOE. After all St.Catharines is your riding. Well the MOE investigators did not observe any leaking fluids, the report was in February 2011. Heck that's winter, a little cold in Niagara as a general rule. Still “as a preventative measure” the owner of Sun Collision, Sam Demita was told to move the damaged vehicles from the property line. I presume that meant right away or as soon as possible. What do you think Minister Bradley? The date of this report I repeat again, February 16th 2011! Look at the photos, the last in January 2012! Can you see where the damaged vehicles are? Are they moved from the property line? It is so comforting to know Sam Demita gives a damn about the neighbourhood and the run-off from his property.
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| This is a stormwater drain in the public park that it abutting the Sam Demita property where damaged vehicles are parked at the property line, almost a year after being ordered to be removed by the MOE. |
It is not only the neighbourhood with innocent victims but a public park. This park has a run-off drain system that was installed by the Niagara Escarpment Commission. Any and all contaminates are carried to backyards, homes and our lake through the drains in the park. Sam Demita of Sun Collision has no intention to move the damaged vehicles. Sam Demita has no care whatsoever of the potential dangers of the leaking chemicals. MOE on the other hand has no damned care for the run-off into people's homes, yards or public park. Nor does the MOE give a damn about the run-off into the drain and into our lake. Those damaged vehicles have been left at the property line since before December 2010. Sam Demita has not moved them nor will he move them regardless of the risk to anyone.
As Minister for the Environment what are you going to do? You state that MOE is making progress on stormwater management with 'The Water Opportunities Act 2010'. What progress? Water was pumped directly into a storm run-off sewer on Glendale Avenue in St.Catharines. On that occasion it was by Rankin Construction staff from behind a Sobeys supermarket site. At the time the water in a large excavation pit had a rainbow across the surface. That in itself is a tell-tale sign of a contaminate. Pumping progressed over several days. Photos provided to MOE. No response from MOE. Independent laboratory test results alarming.
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| Now November 2011, no vehicles moved just simply a change of bodies some repaired and new damaged vehicles take their place. |
Across the road still on Glendale Avenue in St.Catharines. The site now houses a burger joint and a chicken restaurant next to The KEG restaurant. During excavation water with the rainbow and soil black as asphalt, and the colour of the water enough to turn anyone green, in fact the water was green. Large pump lines and big commercial pump, oh and into a parking lot storm run-off sewer. Down the hatch again. I simply love the 'Water Opportunities Act 2010' don't you Minister Bradley. The independent laboratory test results on the soil and water again alarming.
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| December 2011 Sam Demita has no desire to abide by the MOE instructions, he has not moved the vehicles from the property line. They have been here since the original request for an investigation to the Environmental Commissioner of Ontario in November 2010. |
Minister Jim Bradley you are the Minister of the Environment, you are also a longtime representative of the St.Catharines riding for the Liberals. You know the developer of these lands, you know Mayor Brian McMullan (remember the guy you gave a hundred bucks for his re-election campaign in 2010?) and Mayor McMullan knows Sam Demita. In fact with Pinecrest residents, Mr. Wilson of City Engineering and Merritton Councillor Jennie Stevens (without an answering machine this time) as witnesses heard Mayor McMullan say, on inspecting the area behind Sun Collision, “I'll go talk to Sammy.” How are you going to handle this and protect the environment, enforce the legislation and protect the people not only of St.Catharines but all of Ontario? And I assure you there is much more to come on Sam Demita and Sun Collision, enough to change your colour.
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| Into the new year it is now January 2012 damaged vehicles still at property line, Sam Demita's arrogance does not appear to have any end, his lack of care for a community is clear. MOE has never monitored this property and serious questions arise with the involvement of both the City of St.Catharines and the MOE regarding a complete lack of enforcement. |
As Minister for the Environment in the Peterson government you James Bradley held that post from 1985 to 1990. Regarded as a highly effective Minister of the Environment, expanding the Blue Box Recycling programme and getting tough with polluters by strengthening the investigation and enforcement branch. Much has changed with the ministry as I have documented in particular with issues raised to ex-Minister John Wilkinson.
Upon taking office as Minister for the Environment once again on October 20, 2011, you Minister Bradley was re-initiated by an almost biblical event: thousands of dead birds on a shoreline. Your response was as biblical, you washed your hands of it. On Allenwood Beach outside of Wasaga Beach some 6000 dead birds appeared. It was clear these birds fed on contaminated dead fish, Botulism given as the reason and nothing more. Phew, that was easy.
Now I have to ask you Minister James Bradley are you going to get tough with polluters or will it be the same as with your predecessors, John Wilkinson and Gerretsen. Photographic evidence from a witness or a security camera would convict a robber or thief. Yet to provide such evidence to the MOE is almost a waste of time. Here I have photographs of a pump and a pump line in an excavation. The colour of the water is far from pleasant. Material floating in the pit that raises many questions. Yet the excavators and those building decide to simply pump this water directly into a parking lot run-off sewer. Our run-off sewers empty into the lake carrying whatever contaminates with them.
A pump and pump line secured into a parking lot run-off sewer at a Brownfield excavation site 344 Glendale Ave. St. Catharines.
Pump line secured into the parking lot run-off sewer pumping contaminated water from a Brownfield excavation site. The run-off eventually empty into Lake Ontario.
The black soil visible of the wall of the excavation, pump line extending down into the pit.
Pump and pump line hidden from sight by parked vehicles at the excavation site 344 Glendale Ave. St. Catharines, only some 30 feet from the kitchen doors of the Keg Restaurant.
The black contaminated soil visible in the wall of the excavation pit, green contaminated water that was pumped into the run-off sewer.
Large drums with severe rust, seals broken appear to be unearthed during the excavation. What was in the drums or where they came from unknown, where were they dumped again unknown.
Continuation of the excavation. The soil black, highly contaminated, the water black with rainbow over it, shale dumped several truck loads to soak and cover the contamination.
The water black highly contaminated, a grease stain or rainbow effect sitting on the surface indicates oil, diesel or petroleum.
Shale soaking mixing with the black water and soil, the rainbow seen across all surfaces.
The black soil and water with the visible rainbow on its surface soaked by shale had to have been disposed of in some fashion, the frightening question is how and where.
Independent Laboratory Test Results
Water and soil test results from the excavation at 344 Glendale Ave. St. Catharines.
Minister Laurel Broten touted the toughest clean water act in North America when Bill 43, The Clean Water Act was introduced. Ministers John Gerretsen and Wilkinson played at pretending it didn't exist. So being praised as the one who got tough with polluters strengthening the investigation and enforcement branch of MOE, what are you going to do Minister Bradley. No developer or excavator can simply pump water from a pit into the run-off sewer, not without first getting that water tested. It also has to be mentioned that this is a brownfield site with identified contaminates and it had this water pumped into the run-off sewer.
Several days into the excavation I did get water from the excavation and some twenty feet away also soil samples. Those samples I did have tested by an independent environmental laboratory. Those results are posted here for you to see. How can such contaminated water be pumped into the sewer? How do you as Minister for the Environment turn the other way and pretend this did not happen? Photographs of the excavation also show large drums at the side of the pit. Those drums appeared during the excavation. Were they dug up from in the pit? What was in those drums? Where did they end up? As you look close up you can see the rust on the metal and that one of the drums has had its sealed opened.
This was not the first time that something such as this happened in St. Catharines. Once again the land was a brownfield site, previously used by Domtar Paper Mills. The development eagerly wanted by both the Municipality of St. Catharines and the Regional Municipality of Niagara. It is situated on a major road and a collective pain to all as vacant land. Heck Minister Bradley you knew it well, a supermarket is sitting on it now.
Excavation site Glendale Ave. redevelopment of a Brownfield by Rankin Construction for a Sobeys Supermarket. The water in this pit again with heavy rainbow on the surface indicating contamination from oil, gasoline, or diesel. Pump lines four days of pumping which gives a indication of volume of water and the contaminated water again pumped in to a run-off sewer.
Contaminated water with the rainbow on the surface, pump line from an excavation site from Sobeys Supermarket on Glendale Ave. St. Catharines. This water was pumped into a run-off sewer eventually ending up in Lake Ontario.
Pump lines extend to some 100 feet from the pit filled with contaminated water to a run-off sewer grate and the contaminated water pumped over a four day period.
Pump line secured by stone over the top of a sewer run-off grate as the contaminated water was pumped over a four day period.
Pump line secured over the run-off sewer grate, pumping continued for four days, local MOE came when the pumping was complete, pump lines rolled and removed.
Independent Laboratory Test Results
Water samples tested from excavation site redevelopment of a Brownfield for Sobeys Supermarket
Once again a hole in the ground. Once again photographs to show pump lines and a run-off sewer. This time the water had a rainbow over the surface a clear indicator that some kind of fuel was in the water. And yes once again independent test results on the water. Your MOE stated that they saw no hole in the ground nor any water with stains. They only came after the hole was emptied and filled. Clear evidence of the pumping and contaminated water was irrelevant to local MOE. WHY??? Who can say that this water was not contaminated? Who could any way allow it to be pumped into the run-off sewer and our lake? If you have a cottage or a boat and drop so much as a cup full of fuel into the water while you fill your tank it is an immediate fine. How can this then be allowed? Why did the MOE do nothing about this at all?
Prior to you Minister John Gerretsen knew nothing about the environment. Minister Wilkinson even less, both comparable to the federal Minister Peter Kent flapping his eyelids to the ozone. Yet you Minister James Bradley you have claim to fame. What will you do about this? How tough will you be? This is your riding and you know those who have breached the legislation. I believe you will act the same as you did when you were Minister for Municipal Affairs and sheltered your pal, Mayor Brian McMullan from consequences for his corrupt act. As Minister for Correctional Services you had been provided with direct evidence of Niagara Regional Police officers who falsified police documents and did nothing. Now as Minister for the Environment you Minister Jim Bradley will do as much – NOTHING! I can only pray to be proven wrong.
These questions have dealt with what the MOE and in particular the Niagara Office of the MOE had done nothing about. Clear violations allowed to be permitted with no consequence at all. An on-going issue is an MOE investigation of an individual who owns and operates a smash repair business. In this case the owner of Sun Collision, Sam Demita filled a natural ravine without any permits. This was confirmed in writing. This fill or dump caused massive flooding into an old established neighbourhood. Damaging lives, homes and properties. After almost 2 years of attempts by local residents affected by this hell to find help with no results they came to me. I photographed the site to prove that he was burying asphalt, tires and concrete with re-bar. All considered to be waste material under Ontario Regulation 347. Mind you the owner has operated a smash repair for decades somehow I think he knew it was illegal to bury tires. Still with the help of the Environmental Commissioner of Ontario an investigation was forced. I won't repeat all the details you can look up your file ENV1180AC-2009-100-a (EBR File# 09EB004.1)
This was an individual caught with nowhere to go and lie. The City of St. Catharines fully aware of the damage caused and fully aware that Sam Demita had filled the natural ravine without permits causing the flooding and damage to homes. Sun Collision was instructed to “clean-up” the property. What had been done was a farce. Again to retrace all the steps would take so much time. It is enough to say that more asphalt was found on his property, in addition smashed and damaged vehicles were parked all along the fence line, potentially leaking battery acids and other dangerous chemicals into the ground.
The Environmental Commissioner of Ontario ordered another investigation, MOE response was that one was not needed. Again review your own file: ENV11800AC-2011-2 (EBRO File# 10EBR004.1). In the 'Chronology' portion of the MOE report this was one of the points listed: “In accordance with ministry policy, the file was not referred to Investigations and Enforcement Branch as there was no indication of adverse effect and the company complied with the Director's Order.” Yet the Ontario Regulation 347 is clear and I quote the regulation itself and your MOE report of March 3rd 2010: “Under O. Reg 347 certain waste materials, including tires and asphalt, cannot be buried or used as fill (whether or not an adverse effect is proven).” Oops something is wrong here don't you think Minister Bradley?
Think about it Minister Bradley, now this one even federal environment Minister Kent would agree with. Prohibited waste material is buried such as asphalt and tires. An ordinary person with no environmental or chemical knowledge would understand that it would take some time before any of the serious leaching of contaminates may pass through the ground, affecting groundwater and or a neighbourhood. In this case the violation was caught early before any potential harm had been caused to innocent victims. The burial of the waste material was intentional by Sun Collision and Sam Demita. No accident can be claimed here, damn it he operates what, look at the business name. Ontario Regulation 347 is clear “...whether or not an adverse effect is proven.” Still MOE did nothing!!! So much for your claim to fame on strengthening the investigation and enforcement branch
Still there is more. In the Feb. 16Th 2011 response by MOE is a point in the 'Decision Summary': “As a preventative measure, the property owner has already been advised to move the damaged vehicles away from the property line so as to lessen the potential for fluids to move off-site and to clean up any spills detected in a timely manner.” Look at the photographs here and the date! The owner of Sun Collision has no desire to comply! The owner of Sun Collision has no care for the neighbourhood or the people in that neighbourhood. So much for your MOE statement, “...the company complied with the Director's Order.”
These photographs from June and November of 2011 show no vehicles have been moved from the fence line, even though Sun Collision owner Sam Demita was told by MOE to move these vehicles. He has no intention to comply and MOE has not monitored or cared to enforce their own instructions and directives. A community with children and a local park put at risk and no action by MOE to this date.
A clear and intentional breach of the Ontario Regulation 347 putting not only environment at risk but the lives or innocent people. What did the MOE do? What will you do as Minister for the Environment, Minister James Bradley? This is still continuing now! Sam Demita of Sun Collision will do nothing unless forced and penalized for his intentional breaches. Instead ordinary people in an established neighbourhood, and by the way in your own riding, have been penalized.
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