City of Hamilton says only ‘clean soil’ from road construction ended up at Mob-linked dump site
Excess fill from a Hamilton road construction project was dumped at Waterdown Garden Supplies in 2018 by a contractor later linked to the Mob - but the soil was clean, the city says in court documents.
Neighbours say they still want to know why the city allowed any fill dumping - from any project, municipal or not - given long-standing complaints about mystery material piling up at the rural property.
The Spectator reported in January on allegations against the city contained in a $75-million lawsuit launched by principals of Waterdown Garden Supplies Ltd. The lawsuit alleges city employees conspired with slain mobster Pat Musitano to dump contaminated soil on the Hwy. 5 property east of Troy, including thousands of loads from municipal job sites. The allegations have not been tested in court.
The city said it had no evidence" to support the claims and council is awaiting the results of a third-party probe into the allegations.
But this week, the city filed a statement of defence in response to the suit denying the allegations, including any wrongdoing by employees or liability for dumping damages at the Flamborough property. It is asking the court to dismiss the lawsuit.
No contaminated soil or hazardous soil was hauled to the Waterdown Property by the City or its agents," states the document, which later defends the conduct of the two employees named in the lawsuit, who are currently on paid leave. Their actions were at all times in accordance with the proper and lawful discharge of their duties."
The city does acknowledge, however, that construction company Havana Group Supplies Inc. or its agent" was paid to take 500 loads of clean soil" excavated from a 2018 construction project on Governors Road to the Waterdown Garden site. Those loads were transported in accordance with all applicable provincial laws and City bylaws," the document states.
A 2019 Spectator investigation into questionable business practices and alleged illegal dumping by Havana was followed later that year by a provincial order to the company, as well as other parties, to clean up any contaminated soil on the Waterdown Garden Supplies property. So far, no cleanup has happened.
The Spectator has reported Havana was founded by convicted fraudster Steve Sardinha and counted slain mobster Pat Musitano as a silent partner. Another company official, Grant Norton, was found murdered last year.
It's not clear from the statement of defence whether the city or one of its project contractors arranged for Havana to dispose of the excavated Governors Road soil. Spokesperson Matthew Grant said the city cannot comment further on the ongoing legal matter, but noted the third-party report on the lawsuit allegations should go to council in December.
That doesn't satisfy Jim Whelan, who complained repeatedly to the city in 2018 about the fast-growing mountains of dirt across the road from his home that stand 10-metres high.
Whelan said it really stinks" to hear Havana was paid to dispose of fill from a city project. But he added it is more frustrating for neighbours that the city allowed any fill - clean or not - to be taken to a property that had long been a source of dumping complaints.
They knew there were issues already (in 2018)," he said, noting the city pursued a court order against dumping at the site as far back as 2015. It just doesn't sound right at all that the city ... sent soil out there when all this was going on."
Gary McHale, the president of Waterdown Garden Supplies who also faces a property cleanup order, said he stands by the allegations in the lawsuit.
But he also questioned whether the city followed its own bylaws in allowing construction project fill to go to Waterdown Garden Supplies.
McHale said Waterdown Garden Supplies was stopped by court order from dumping any fill" at the property in 2015 when the city took issue with the company's effort to build a containment berm." Adiscontinuance order" issued by the city that year argued the work ran afoul of its site alteration bylaw.
The city dumps 500 loads on the property that they say is in violation ... and they don't see that as a problem?" he asked.
The city has confirmed it sought an injunction against Waterdown Garden Supplies and others in 2015 that prohibited those parties from placing or dumping fill on any property, except for materials being used to carry on the business of the then-existing garden centre in a way that complies with all applicable laws."
But Grant said the ongoing lawsuit prevents the city from answering Spectator questions about how or if that injunction applied to the estimated dumping of 24,000 loads of soil between 2018 and 2019 - or even who was in charge of enforcing the court order.
Matthew Van Dongen is a Hamilton-based reporter covering transportation for The Spectator. Reach him via email: mvandongen@thespec.com