Saturday, May 19, 2012

CORRUPTION, COLLUSION, CONSPIRACY



We now know that there was a sweetheart deal between Uniroyal Chemical and the Ontario Ministry of the Environment (M.O.E.) signed on October 7, 1991. They referred to that document as a Settlement Agreement. I refer to it as a sweetheart deal because each of those two parties absolved each other of all blame, all responsibilty and all liability (financial & legal) for the known contamination in Elmira and on Uniroyal's site. Previously I've stated that Uniroyal may have saved hundreds of millions of dollars in cleanup/excavation costs and the M.O.E. saved themselves from further public humiliation, condemnation and total loss of whatever credibility they had left. In hindsight I believe that these two parties intentionally cooked the future cleanup not just to save Uniroyal money but also the M.O.E. who shared responsibilty. A sweetheart deal requires beneficiaries and I believe it also requires victims. The public, the citizens of Elmira were the targeted victims. We were promised a restored drinking water aquifer. It is my belief that that was a lie from the beginning. Certainly the company and M.O.E. have lied without conscience over the last twenty-one years. Had they informed the public about their cosy little self-serving deal they would have appropriately been run out of town on a rail.

But this wasn't the only secret deal. And again secret in this sense means it wasn't given out to either the media or the public. Six parties to the Environmental Appeal Board (EAB) hearing knew about it and they weren't talking. Ask yourself the question why. The answer is fairly obvious. In legal contract terms good and sufficient "consideration" was given to the rest of the parties. The Region of Waterloo we know climbed on board the sweetheart deal in March 1993 with both the M.O.E. and Uniroyal Chemical. They were given a pipeline from Waterloo in exchange for their silence and support. They also received millions of dollars from the M.O.E.. Things can get murky here. Pure bribe money would be illegal. Money for personal uses would be illegal. The Region did have legitimate out of pocket expenses related to the water crisis. What did they give up in exchange for their pipeline and expenses paid for by the Province? If they gave up a real cleanup of the Elmira aquifers, as I believe they did, was it due to bad negotiating ie. selling the farm or were there other benefits either public or private?

Another deal occurred between the Region and the M.O.E.. This one was strictly about money. What about Nutrite later known as Yara and even later as SNC Lavelin. Yes that is the same company who are making headlines around the world today for giving out bribes to elected officials including in Libya of all places. Two parties are left. Woolwich township also received their promised alternate water supply and they received money from the province (M.O.E.). The fact that they were cut a large cheque literally the day after the original sweetheart deal is probably just coincidence. Last but not least we have APT Environment. They were supposed to be representing the citizens of Elmira and I know that is exactly what the rank and file felt that they were doing. Unfortunately there was a communications disconnect between their new leadership (Susan Rupert was leaving) and the rest of the coordinaters and general membership. I was a member and Richard Clausi was a coordinater of APTE at that time. My question remains as to why the public and the rest of the APTE membership were kept in the dark about these deals and their repercushions upon any future cleanup. Also keep in mind these Releases/Indemnity were kept quiet by the APTE leadership for the next twenty-one years throughout heated wrangling at public UPAC/CPAC meetings over the lack of a proper cleanup. The only way that a secret contrary to the public interest can be kept quiet is for all participants to it to have received benefits from it. There is no doubt that these deals were contrary to the public interest and the new CPAC are struggling with them now trying to get our cleanup back on track.

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