Oct 21, 2009 - 04:30 AM

By Keith Gilligan and Kristen Calis

Comments (0)

DURHAM -- Less than a week after regional council turned its nose up at a request for a time-out in dealing with an odour control facility for the 'Big Pipe' expansion, Pickering council put its foot down.

Durham councillors last Wednesday voted down a request from its Pickering members to stop the environmental assessment process so completed studies can be reviewed. York Region has completed an EA for the project and submitted it to the provincial environment ministry in late August. Pickering residents and politicians are upset the EA was filed without first being considered by Durham council and requested the EA process be put on hold for about four months so opponents of the expansion can review all the information.

Despite the Region's refusal, Pickering council agreed Monday to petition the Minister of the Environment to reject the EA, and if he doesn't, launch a judicial review. It has also hired environmental law expert Rodney V. Northey, of Fogler, Rubinoff LLP.

"We had to take this further action to continue to oppose the odour control facility and support our residents who could be negatively impacted," said Ward 3 City Councillor David Pickles.

York Region needs to expand the sewer system leading to the York-Durham Sewage Treatment facility in south Pickering, next to the nuclear station. One aspect of the expansion is an odour control facility York had wanted to put in Pickering, on Altona Road near the hamlet of Cherrywood West. Residents living nearby opposed the site, fearing odours would come from the facility.

York officials have since moved the facility site to the west side of the York-Durham Townline, north of Taunton Road.

Pickering resident Devi Gopalan said at the Region she didn't want the process to be stopped, but was simply asking for a review. After the plans were rejected, she attended Pickering council Monday.

"Pickering council did today what our MPPs and Durham Region failed to do, which is to look out for the residents of Pickering," she said.

Ward 2 Regional Councillor Bonnie Littley proposed the time-out, saying it would give Regional and City officials a chance to review matters.

"We're not asking to stop the EA or the plant expansion," Coun. Littley said. "With a time-out we'll get an EA we can all live with."

Cliff Curtis, the Region's works commissioner, said the MOE has released its preliminary review of the EA material and didn't have a problem with it.

Ninety-nine per cent of the time residents won't notice an odour, he said, and in that other one per cent, the odours will be very minimal.

At Pickering council, Mayor Dave Ryan assured the more than 200 residents in attendance "based on legal opinions you should feel comfortable your Council is representing you vigorously," against York's proposal.

A four-month time-out, Ward 2 Regional Councillor Bill McLean said, would have been "worth a try to see if we can get this together.

"The last thing we at the Region and the City want to do is get into a legal fight over this," he said. "What is four months to ensure this process is done right?"

But since that plan was rejected, Pickering chose to launch a legal challenge.

Ward 1 City Councillor Jennifer O'Connell accused York of breaching its obligations under the memorandum of understanding it signed with Pickering in 2005 upon original plans to expand the 'Big Pipe.' It included clauses that York would treat residents fairly and provide full and timely communication with them on all project issues.

But she said it wasn't just York's fault Pickering chose to take legal action.

"Had (Durham) Region as a whole protected us like they were supposed to, we would not be in this position," she said. A letter from York Region's chief administrative officer stated York's disappointment with Pickering's legal plans, calling many of the allegations incorrect.