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Tribunal allows appeals associated with former IMICO lands

'It appears to the tribunal that the decision to issue the CPU could result in significant harm to the environment'
imico
Tony Saxon/GuelphToday file photo

Contaminants on the former IMICO foundry property may still pose “significant harm” to the environment, the Ontario Land Tribunal (OLT) recently ruled.

In a decision handed down late last month, the OLT opened the way for two neighbours of the municipally owned property at 200 Beverly St. to appeal a certificate of property use (CPU) issued earlier this year by the Ministry of Environment, Conservation and Parks. That appeal is to focus on issues related to contaminated groundwater potentially leaking from the site. 

“It appears that there is good reason to believe that no reasonable person, having regard to the relevant law and to any government policies developed to guide decisions of this kind, could have made the decision to issue the CPU,” wrote vice-chair Hugh S. Wilkins, adding, “It appears to the tribunal that the decision to issue the CPU could result in significant harm to the environment.”

The ministry argued the CPU appeal rests outside the OLT’s jurisdiction.

In submissions to the OLT, a numbered company which owns the property to the south and Sherwood Forest Investments to the east argued the CPU doesn’t require the city to stop contaminated groundwater from migrating onto their sites, potentially resulting in damage.

“(The numbered company) notes that while the CPU includes a groundwater monitoring requirement on the subject property, further measures are only triggered where there is a significant increase in the concentrations, above the already higher levels permitted on the subject property under the CPU,” the ruling states.

Among the evidence presented to the tribunal is that the former foundry property contains 5,000 times the standard acceptable limit of trichloroethylene, which the National Cancer Institute says is linked to cancer cases. 

However, as noted in the ruling, the source of the chemical hasn’t been clearly identified.

The appeals may have thrown a wrench in city plans to sell the property, but they won’t stop it.

“The city will now have to decide the implications of taking this property to market at this time while this appeal is being considered,” said deputy CAO Jayne Holmes in an email. 

A deal to sell the land for redevelopment fell through in late 2020. That agreement was between the City of Guelph, Habitat for Humanity and Waterloo-based developer ARQi R&D Inc. and would have seen a variety of residential, light industry, micro retail, artisans, green space and affordable housing options planned.

A CPU identifies risk mitigation measures deemed necessary by ministry officials aimed at ensuring there are no adverse impacts from contaminants on site. 

Among them, as noted in the ruling, are the installation, inspection and maintenance of hard cap and fill cap barriers on the property; prohibiting construction without a soil vapour intrusion assessment and/or built with a vapour mitigation system; implement a groundwater monitoring program; and develop a health and safety plan for any intrusive activities that could potentially have contact with contaminants.

It further prohibits the planting of fruits and vegetables for consumption (unless in above ground containers isolated from surface conditions), as well as the use of groundwater in, on or under the property.

“It is not contested that there is contamination on the subject property and … there is uncertainty regarding its source and the direction of its migration,” the ruling states. “Based on the evidence and submissions before it, it appears to the tribunal that the director’s decision could result in significant harm to the environment.”

The former International Malleable Iron Company (IMICO) property has been vacant since the 1980s. The City of Guelph took possession of the site in 1997 and has undertaken various cleanup efforts.


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Richard Vivian

About the Author: Richard Vivian

Richard Vivian is an award-winning journalist and longtime Guelph resident. He joined the GuelphToday team as assistant editor in 2020, largely covering municipal matters and general assignment duties
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