| D romises |

— ROWSE

The court action was a
private prosecution brought .
by Hoskins Road residents ©

Dan and Sharon Simunic,
both of whom are members
of Citizens Opposed to
Landfill Dumping (COLD) —
the local group demanding
an end to garbage being
dumped on the site adjacent
to their homes.

It was the third-time this
year the District had been
found guilty in the same
court of contravening
pollution laws and
second case relating to, the
controversial landfill,

Both the previous cases
were brought by the federal
Department of Fisheries on
the grounds that deleterious
substances entered creeks
inhabited by salmon.

District’s counsel, A.K.
McKinnon, pleaded guilty
on behalf of the municipality
to all seven counts that
conditions of the pollution
control permit governing the
operation of the garbage
dump were breached in that
garbage there was not
covered daily with topsoil,
during a week in January.

Identical charges laid
against District Engineer
John Bremner and Deputy
Engineer Harry McBride
were dismisséd.-

District has entered into a
recognizance guaranteeing it
will forfeit $10,000 if it fails
to cover garbage with topsoil
every day or fails to “keep
the peace” and be “of good
behaviour”.

Further conditions written
into’ the recognizance are
that the District must keep
daily records of compliance,

that the records must be .

kept at the District office
and be available to the
public and be filed with the
court by April 30, 1983.

Failure to fulfill any of
those conditions would lead
to a $1,000 fine against the
municipality.

Counsel appearing on
behalf of the Simunics,
Marilyn Kansky of the West
Coast Environmental Law
Association, had asked for
breach of any of the con-
ditions to carry a $10,000
fine.

But Judge Hume said he
considered such a figure
would be excessive in what
might amount to a minor
technical bookkeeping slip.

the.

DAN SIMUNIC
---“We have proved they
can be beat”

McKinnon submitted in
mitigation that there were
two

extenuating  cir-
cumstances.
One was that recon-

struction work being carried
out at the landfill as a result
of the October 31, 1981
floods dumping tons of

garbage froni the landfill”

into Lynn Creek disrupted
the daily operations of the
dump.

The second was that a
shortage of topsoil dropped
off at the landfill by con-
tractors occurred after the

MURB grants deadline of —

December 31, bringing a
sudden end to most ex-
cavation work which yielded
the soil. Since then, he said,
District had made a point of
stockpiling dirt, even if it
meant having to buy it.

McKinnon added that
though the charges had been
brought, District had never
actually received any
complaint about the
pollution permit conditions
being breached.

Kansky contended that
though the charges related
to dates. in January it had
been a regular problem prior

‘to that time. “These are not

isolated instances,” she

‘maintained, acknowledging

that the situation had im-
ptoved vastly since
charges were laid.

Dan Simunic commented
after the case he was
satisfied with the outcome.

“Absolutely, it was worth
it.” He said he considers it
bad enough having to live
near a garbage dump, never
mind when the operating
conditions by the pollution
control branch were not
even honored.

He said of his court ac-
tion: “It had to be done, to
show them they can’t be
allowed to operate things
just any way they want.

“We have proved they can
be beat.”

ABILITY & EXPERIENCE

BAKER r MAYOR

the .

A9.- Wednesday, November 10, 1982 - North Shore News

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