"LAWSUIT" IS A RED HERRING

That word is not in the Settlement Agreement also known as the "sweetheart deal". Yesterday's Elmira Independent articles, plural, while providing excellent coverage on multiple issues brought up at the first public CPAC meeting in four months, are mistaken in one aspect. The front page story is titled "Chemtura recommends capping of on-site waste" and the title at the top of page four is ""Sweetheart deal" discussed at CPAC". Garth Napier in his own words on page four is not a lawyer. What he is unfortunately is a front man for an inherently corrupt organization known as the Ontario Ministry of the Environment. The word used in the Settlement Agreement (pg. 15) is RELEASE. RELEASE essentially means an INDEMNITY or protection from action, as in all actions including Control Orders, Field Orders, prosecution under the Environmental Protection Act and yes civil lawsuits. Page #15 states that Uniroyal are released "...from all actions, causes of action, damages, claims, and demands whatsoever of which both Uniroyal and the province are presently aware...". Uniroyal were required to excavate two pits on the east side of their property and to build a pump and treat groundwater system. They were also ordered to "study" DNAPLS. All the rest involving hundreds of millions of dollars of cleanup on the west side, they were released from doing. In return the Ontario M.O.E. received a Release from Uniroyal. That is the heart of a sweetheart deal. Two guilty parties let each other off the hook, to their mutual advantage while the public interest gets thrown out the window. Thank you very much Ontario M.O.E. for selling out the public interest to protect your reputation and credibility. That agreement is exactly why we've had a non-cleanup in Elmira for the last twenty-one years. And also thank you to the six parties at the Environmental Appeal Board hearings who did receive copies of that agreement and did not advise the public. Shame on the pack of you.

More shame to Chemtura who continue to do as little as possible as suggested by Vivienne Delaney CPAC member: "The cheapest way to do it is what you are doing". This refers to the proposed Dioxin non removal on the south-east corner of their site. Conestoga Rovers claims that there is no off-site impact from their Dioxins. That is utter nonsense and wishful thinking combined with typical engineering arrogance. Some credit goes to Steve Martindale (M.O.E.) who while calling it his personal view does believe that the Dioxins should be removed not just covered over.

Gail Martin, Editor of the Independent, deserves much credit for giving this community issue involving our water supply and health so much time and space. I agree with her Opinion article that CPAC are way behind in attacking numerous Chemtura issues and failings. However it is less due to the complete turnover of CPAC membership as it is due to ridiculous and repeated delays and stalling by Woolwich Township right from the beginning. Seven months after the election (ie. May/11), I and CPAC were FIGHTING The CPAC Chair and Mayor just to get the first date for a public CPAC meeting. During the late summer and fall excellent progress was made only to be put on repeated hold unilaterlly by the CPAC Chair. He is gone and I expect not good things but great things from your CPAC from this point onwards.