BOTH VARNICOLOR CHEMICAL SITES CONTRIBUTED TO THE DESTRUCTION OF THE ELMIRA AQUIFERS

The issue is not how much or what percentage was contributed by Varnicolor Chemical versus Uniroyal Chemical. Opinions vary as there is not perfect knowledge either then or now. One of the likely self-serving opinions was stated by Stan Berger, lawyer for the Ontario Ministry of the Environment, back in 1991 or 92. He suggested that Varnicolor's contribution to the Municipal Aquifer was similar to that of a water pistol in a rainstorm. The Environmental Appeal Board however expressed skepticism regarding that opinion and were pressing for more information and evidence because the M.O.E. were attempting to put 100% of the blame on Uniroyal Chemical. Uniroyal for their part whether Wally Ruck or Dr. David Ash suggested that Uniroyal would pay for their fair share of the Elmira Aquifers cleanup but no more. Without naming names they unequivocally stated that there were other sources who had contaminated the Elmira Aquifers. In hindsight they were telling the truth on that matter although to date Nutrite (Yara) are the only well accepted and unequivocally proven other source (Ammonia) to the contaminated aquifers.

The evidence of Varnicolor's unequivocal polluting of both the shallow aquifers and the deeper ones has been a long time in coming and credit for that goes to both Chemtura (Uniroyal) and the Ontario M.O.E.. They have lied, deceived and manipulated the truth since the day they signed their disgusting October 7, 1991 Settlement Agreement. The followup November 4, 1991 Control Order further cemented two and a half decades of lying to the public. Woolwich Township Councils have generally followed in lock step with the deceit and the Region of Waterloo has not been much better. Honourable mention should go however to the Woolwich Council from 2010 to 2014 as well as to Elmira Pump, the folks who took over the old Varnicolor Chemical site. They have been involved with maintaining and running the shallow pump and treat system on that site for a very long time. They also have had professional help courtesy of Peritus Environmental and Keith Metzger. While their efforts have been towards restoring, at a minimum the surface of the site to permit development, their investigations have added tremendous depth to the knowledge base surrounding this site. Furthermore they were willing to share that knowledge with myself and other CPAC members back in May, prior to the public Risk Assessment meeting held in Woolwich Council Chambers.

All of the previous paragraph is in regards to Varnicolor's Union St. site. The Lot 91 site is a totally different animal at least hydrogeologically. The chemicals both spilled and intentionally dumped on this site are the very same chemicals that were spilled and dumped on the Union St. site. The huge difference is in the hydrogeology. Various stratigraphic maps have been produced over the last twenty-five years showing the location and thickness of aquifers and aquitards. Lot 91 is particularily susceptible to deeper contamination as the municipal aquifer is so close to the surface. This is partly because the UAT or Upper Aquitard is very thin under the Lot 91 site. I have soil concentrations of solvents on the Lot 91 site that put to shame both Uniroyal and Varnicolor's soil concentrations. These contaminant concentrations decades ago have moved into the municipal drinking water aquifers and further polluted them and delayed their cleanup. This is all to the everlasting shame of the Ontario M.O.E. who did a less than pathetic job of cleaning up this site. They removed some metal barrels with and without the solvents (& P.C.B.s) in them and then allowed ongoing discharge to Landfill Creek and the Canagagiue Creek. Furthermore they hid behind Uniroyal's well paid off acceptance of full blame for the damages to the drinking water aquifers and the cleanup thereof, half paid by the taxpayers.

For the price the taxpayers have and still are paying they are and were entitled to the truth. They've never received it. That is the issue.