Resident wells are safe — but Hamilton’s probe of illegal dirt-dumping allegations at Waterdown Garden drags on

The city expects to finish a probe this fall into allegations of municipal involvement in an illegal, mob-linked dirt dumping operation in Flamborough - but in the meantime, it says tests show the mystery soil has not polluted resident wells.

A $75-million lawsuit launched this year by the principals of Waterdown Garden Supplies claimed two city workers conspired with slain mobster Pat Musitano to dump thousands of loads of soil laced with industrial pollutants at a rural Troy property. The claims have not been tested in court.

The city's auditor hired an outside firm, Kroll, to investigate the explosive allegations. The city also agreed to test drinking water wells of homeowners near the 10-metre-high piles of soil on Highway 5 after the Spectator reported on resident concerns about migrating pollution.

Tests results for 14 area wells are now in and no health-related standards were exceeded," Coun. Lloyd Ferguson announced at a council meeting this week. They've still got a terrible mess out there, but at least it hasn't affected the ground water," said the ward councillor, who noted both residents and livestock rely on the aquifer for drinking water.

The public health department declined to share the specific results with The Spectator or even what pollutants were tested for before a formal report on the sampling program goes to councillors in November.

But the lawsuit against the city alleges some of the soil is laced with cadmium, mercury, boron and zinc.

The provincial environment regulator has also said unacceptable levels of lead, cyanide and oil-based contaminants exist on the property. It has ordered past owners and alleged soil dumpers to clean up the site - so far, to no avail.

Jim Whelan, who lives across the road from the looming dirt piles, said it would be a relief" to know pollutants have not leaked into the groundwater.

But he argued that risk will always hang over neighbours until someone takes responsibility" for the estimated 24,000 truckloads of soil dumped between 2018 and 2019. Whelan is not convinced the city's investigation will clear up who is on the hook for that cleanup, but added he sat down with investigators to share what he knows about the dumping.

It's going to cost someone millions of dollars to deal with it," he said.

The city in August said that investigation was close to completion, but spokesperson Matthew Grant now says the best estimate for an end to the probe is later this fall."

He said the city has not been given any evidence to back up allegations against the city despite repeated requests" to the individuals behind the lawsuit. That has forced extensive investigations" to drag out over a longer period of time.

(President of Waterdown Garden Supplies Gary McHale disputes this opinion, arguing he has offered the city information in the past.)

In the meantime, Grant said the two employees accused in the lawsuit of conspiring to allow the dumping of thousands of loads of soil excavated from city land are still on paid leave.

The city has not yet filed a statement of defence related to the $75-million lawsuit, but Grant said he expects that to happen after the investigative report is complete.

The city did, however, recently threaten a formal court motion to strike allegations of conspiracy against the municipal corporation from the lawsuit unless the plaintiffs could provide evidence.

The motion was due to be heard Sept. 15 but was withdrawn after an amended statement of claim was filed by McHale and his co-plaintiffs. The updated document still alleges conspiracy by the two municipal employees and now argues the city is vicariously liable" for their actions.

McHale, who filed the lawsuit in part because of liability issues related to an eventual cleanup of the Waterdown Garden site, said if the city does not file a statement of defence soon he will try to force the issue in court.

He also said he's looking forward to the city's findings. Whatever reports they do have, we want copies of them," he said.

Matthew Van Dongen is a Hamilton-based reporter covering transportation for The Spectator. Reach him via email: mvandongen@thespec.com