GFL facing 10 provincial charges over stinky Stoney Creek dump

GFL Environmental has been charged with 10 violations under the Environmental Protection Act related to its stinky dump in Stoney Creek.
Ministry of Environment, Conservation and Parks (MECP) spokesperson Gary Wheeler said the charges were laid on April 11, after an investigation by the ministry. The alleged offences happened between August 17, 2021 and November 24, 2023, he said.
"The charges relate to the alleged discharge of a contaminant, namely odour and total reduced sulphur compounds, into the environment causing an adverse effect, and failing to comply with a ministry approval by failing to operate a waste management site as required," Wheeler told CBC Hamilton in an email.
An appearance at the Ontario Court of Justice related to the case is expected on May 15, he added. If convicted, the company would face fines under the act.
'Exceeding the standard'
Starting in 2023, residents around the GFL Stoney Creek Regional Facility have been reporting strong, at times overwhelming, "rotten fish-like," "sulphuric," and "chemical" smells.
Residents previously told CBC Hamilton the smells have had negative impacts not only on neighbours' ability to enjoy outdoor spaces in the area around the 65 Green Mountain Rd. W. dump, but also on their health, with some reporting headaches and nausea.
The MECP said previously the smell is due to leachate, a chemical stew of potentially toxic liquid, that came up while building a new landfill cell.
Wheeler said the 10 violations are:
One count each of discharging, causing or allowing the discharge of: odour and total reduced sulphur compounds into the environment that caused or was likely to cause an adverse effect.
One count each of failing to comply with an Environmental Compliance Approval by: allowing odour to become a nuisance, allowing leachate to exceed legal limits and allowing waste to be dumped higher than the legal limit.
Five counts of causing or allowing the emission of total reduced sulfur compounds "exceeding the standard," where and when people frequent.
"Environmental compliance officers continue to attend the GFL Stoney Creek Regional Facility site and surrounding residential areas regularly in response to odour complaints," Wheeler said.
"The ministry continues to engage with GFL to ensure that they are taking all possible steps to minimize odour impacts."
GFL also facing fines, provincial officer's orders
The MECP also issued an "environmental penalty" to GFL on April 28 for three events in August and September of last year where "landfill operations were confirmed as the source of odour impacts in the surrounding community."
The penalty is $5,000 for each event, for a total of $15,000, said Wheeler.
The Stoney Creek facility is also under two provincial officer's orders.
One to reduce leachate levels and conduct air monitoring and another to "take actions" to lower waste piles currently above the maximum legal heights.
"Most of the waste piles, including those that are most visible from the surrounding community, were addressed by the end of 2024. The remaining historical waste piles above the maximum permitted height will be relocated to new waste cells by December 2025," said Wheeler.
Council to look into giving tax breaks to neighbours
In late February, councillors voted unanimously at general issues committee to have staff look into providing area rating relief or any other tax relief to Upper Stoney Creek residents living within a three kilometre radius of the dump.
Tenysha Graham, a neighbour of the area, delegated then and said the stench is "causing unmistakable harm to our community."
"We are unable to use our backyards and children are unable to use community playgrounds," Graham said at the committee meeting.
Councillors also voted unanimously to look into "legal options available to the city" in relation to residents' concerns, including a possible temporary closure of the site.
Both motions were put forward by Ward 9 councillor Brad Clark, who said since November 2023, when the province strengthened penalties to landfills that contravene environmental laws, GFL has responded to odours by saying they're not at fault.

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