Fearful neighbours question dirt dumping at Flamborough farm razed by sanitizer fire

Worried neighbours want to know why the city is allowing hundreds of truckloads of dirt per week to be off-loaded on a fire-razed Flamborough farm - despite a bylaw banning out-of-town soil.

The city says 1802 Regional Road 97 is under investigation over transportation of fill without permits" but officials say they cannot share further details about any alleged offences or enforcement plans until the probe is complete.

A number of trucking companies already face $16,000 in fines, however, for bringing in fill to this site from outside Hamilton, which is not allowed under the city's site alteration bylaw.

Landowner Justin Holmes acknowledged he may face fines over the source of his incoming fill - a development project in Cambridge - but argued it is more important that he has met provincial clean soil requirements.

He said he is bringing in thousands of loads of clean fill to create 40 acres of primo workable land" for crops on the farm property that just lost two barns to a controversial fire. If they want to waste their own money to soil test it again, they can," he said in an interview.

Area residents say a constant stream of dump trucks has raised the level of the land by more than a metre over several months at the Regional Road 97 farm, which is just down the road from Valens Lake Conservation Area.

The influx of dirt had already started in August when a two-day fire - fed by stacked pallets of hand sanitizer - destroyed barns, tractor-trailers and a pile of hay bales.

Several area residents have since reached out to The Spec to raise concerns about a parade of incoming dump trucks.

It is astounding to me that the landowner is allowed to do this," said Iris Johnston, who noted the previous council passed stricter soil dumping rules in 2019.

That bylaw was meant to deal with widespread problems in rural Hamilton with dumped fill from GTA construction projects - including the infamous, Mob-linked dirt mountain at Waterdown Garden Supplies.

Johnston said the dumping on Regional Road 97 is messy" and noisy - but also worrisome given environmental and health concerns associated with mystery fill piled at several rural dump sites in Flamborough. Given the problems we've had out here, I just don't understand how it keeps happening."

Newly elected ward 13 councillor Alex Wilson has already received a complaint about the property and is urging residents to reach out to the city if they have concerns.

Wilson said it's understandable if area residents - many of whom depend on wells for drinking water - are leery about the mass importation of fill. One mistake can have massive consequences for rural groundwater," the councillor said.

Holmes said he understands why residents are scared" by the constant stream of trucks entering the property - as many as 100 a day - because of past horror stories about contaminated soil at Waterdown Garden Supplies.

He admitted a massive, two-day sanitizer fire in August - which Holmes previously suggested could have burned down half of Flamborough" without quick firefighter intervention - is likely on the minds of uneasy neighbours, too.

But the construction company owner stressed his incoming fill is clean and that he submits soil reports to the province, which has inspected the property. Holmes has posted a blown-up page from a provincial inspection report on a tree at the entrance of the property to try to ease concerns.

He said his plan is to raise the level of 40 acres of low-lying, rocky land by about 1.3 metres with fill, then add a layer of topsoil for eventual farming. Holmes confirmed he is being paid to take the fill, but only expects to break even" after paying for grading, surveying, traffic control and unrelated cleanup after the August fire.

He hopes the land will be ready to farm by June. After that, I hope no one ever talks about it or hears about it again."

The provincial Ministry of Environment, Conservation and Parks inspected the property after the sanitizer fire in August and also inquired about excess soil coming into the property at that time, said spokesperson Gary Wheeler.

Wheeler confirmed the source of the incoming material in August was a construction site in Cambridge and that the material was considered appropriate for reuse at agricultural sites."

The ministry did ask the landowner to move some soil piled too close to a creek on the property. The ministry will continue to follow up with the owner to ensure compliance with regulatory requirements," he said.

Holmes said he is expecting a handful of fines" from the city at some point if it insists on enforcing Hamilton's out-of-town ban on development soil.

But he argued his property on the edge of Hamilton is actually only an 11-minute drive away" from the Cambridge development. Do they want me to bring in soil that needs remediation from downtown Hamilton instead?" he asked.

Matthew Van Dongen is a transportation and environment reporter at The Spectator. mvandongen@thespec.com