In an agreed statement of facts, the MECP and the city characterized the “largest wetland at the western end of Hamilton Harbour” as an important area for migratory birds and significant fish habitat with a history of “having poor water quality.” Part of the province’s orders included “spot dredging” to clear clogged channels in the waterways and remove approximately 64,000 gallons of floating material from the creek’s surface.Ī third-party contractor dropped a hydraulic dredger into the creek in mid-July for that clean-up, expected to take three-and-a-half months to complete.ĭirector of water Nick Winters said that project could finish ahead of schedule and meet the October 31 deadline. The city will actually fork over close to $3 million after some $364,500 is paid out to the Royal Botanical Gardens and a $525,000 victim fine surcharge – paid to the Ministry of the Attorney General.Ĭharges were laid by the MECP in December 2020, almost two weeks to the day Hamilton staff requested more time to deal with an order from the province to clean up Chedoke Creek and Cootes Paradise.Ī provincial order demanded remedial measures after experts claimed the water quality continues to be impaired or may become impaired due to the continued release of contaminants into the waterways. “Our legal counsel went back to city council … laid out the case and kind of where we were at,” Khan explained. “At the end of the day, I think both legal (counsels) agreed that this would be in the best interest of the public.” The decision not to fight the matter in court comes after the city’s legal counsel and the province’s solicitors suggested it was not in the best interest of the public to take the case to trial, Public Works general manager Carlisle Khan said. It’s the largest fine for a single offence under the Ontario Water Resources Act, according to the Ministry of the Environment, Conservation and Parks (MECP). The city pleaded guilty in an Ontario court on Thursday and will pay a fine of $2.1 million plus other incidental costs for the discharge that started in 2014 when a gate was left partially open in a combined sewer overflow (CSO) tank. Hamilton, Ont., is taking responsibility for a four-year, 24-billion litre sewage and stormwater spill into Chedoke Creek.
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