
One year after a fire at a Dundas pesticide manufacturing plant resulted in contaminated firewater run-off pouring into Spencer Creek, killing millions of fish and aquatic organisms, calls for more information -- and changes -- continue.
Ontario's Ministry of the Environment has not completed an investigation which began shortly after the July 26, 2007, fire, though several sources say much of the work may be wrapping up and a final report could be coming soon.
"It's been far too long already," said Hamilton-East MPP Andrea Horvath, who has repeatedly joined the City of Hamilton and Environment Hamilton in requesting a public inquiry be held to fully review the fire, pesticide manufacturer regulation and various other issues raised over the past year. Biedermann Packaging itself, located on Head Street in Dundas, has asked for a more in-depth review to investigate how such fires could be better battled.
There are four requests with the Ontario Environmental Commissioner's office for reviews related to different aspects of the Biedermann facility and last year's fire, all of which came from members of Environment Hamilton's Biedermann fire working group.
Requests for reviews of Biedemann's certificate of approval for sewage works, for a new community right-to-know act for disclosure of chemicals and potential pollutants, and for reviews of two subsections of Pesticide Act regulations have been forwarded to the Environment Ministry.
"Both subsections exempt the company from the kind of scrutiny the applicant wants," said Environmental Commissioner spokesperson Peter Lapp.
The ministry has less than 60 days to let commissioner Gord Miller know if it will conduct the reviews. If the ministry decides not to complete the reviews, it has to explain why, and Mr. Miller can provide his own commentary on the decision in his annual report. If the ministry does choose to conduct the reviews, there is a 120-day period to do the work then another 120 days to report back to the commissioner and the applicant for each request.
But Ms. Horwath isn't sure if all the individual investigations and reviews will be enough to really shed some light on what happened in Dundas a year ago.
"There are a number of issues," Ms. Horwath said.
"The kinds of chemicals there, the kind of building they were in. Is it appropriate to have those types of things stored in a flammable space? How did it happen the situation existed next to a watercourse?
"These things can't be gotten at through a Ministry of Environment investigation or fire marshal's report. I think it's highly unlikely we'll be able to get at these issues without a public inquiry. An inquiry can be more broad."
Lynda Lukasik, executive director of Environment Hamilton - which formed a Biedermann fire working group, also supports a broader public inquiry.
Reduction strategy
She'd also like to see community right-to-know legislation, as well as details about a rumoured toxic use reduction strategy the ministry might be working on.
"They say that will go a long way to address concerns we've expressed coming out of the Biedermann situation," Ms. Lukasik said. "I haven't seen any details. I'd like to see that."
And despite two separate fire marshal reports, a ministry investigation expected to be completed soon, Ms. Lukasik hopes for more.
"We haven't seen anything profoundly change in the management of the substances found there," she said. "No changes in the regulations."
Pesticide manufacturers, like Biedermann Packaging, are specifically exempt from the regulations of Ontario's Pesticide Act.
But Ministry of Environment spokesperson Jennifer Hall said the ministry's Hamilton area office has become more proactive and identified several local industries to work with in a review of their individual spill contingency and emergency prevention planning.

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