"A WATER PISTOL IN A THUNDERSTORM" - I THINK NOT

Put differently the construct between the Ontario MOE and Uniroyal Chemical was that Uniroyal were the sole source of NDMA, chlorobenzene and other contaminants within the Elmira aquifer systems. They of course were not the sole source for either one however in exchange for an Indemnity as well as other considerations in their October 7, 1991 Settlement Agreement, Uniroyal so agreed. The MOE were also able to pretend that they simply missed that tricky devil NDMA and it slipped off the Uniroyal site and migrated at the speed of light (O.K. a little less) sixteen hundred metres south-west to Elmira's south wellfield before they found it.

Exhibit "I" dated January 27, 1990 at the Environmental Appeal Board (EAB) is a document from Uniroyal Chemical Research Laboratories in Guelph, Ontario. The title of the document is "N-Nitrosodimethylamine Contamination of Ground Water: A Literature Survey". This document states that there are three known sources for human exposure to NDMA. They are NDMA contained in food and beverages, airborne NDMA from for example leather and rubber/tire industries and thirdly endogenous and exogenous formation of NDMA.

This third source means NDMA can be spontaneously produced within the human body (endogenous) based upon diet and certain foods AND it can be produced spontaneously in Nature (exogenous). This spontaneous production in nature is based upon a precursor such as dimethylamine (DMA) being released into the natural environment combining with nitrates or nitrites already in the soil. An acidic soil environment is also helpful. Page 4, number 4. of this report is titled "NDMA In Ground Waters Of Agricultural Lands: Potential Sources."

Quoting from 4. "While the presence of most of these requirements needs no justification, as is the case with nitrate or nitrite, acidity, microorganisms, or photochemical energy, the question of the availability of the organic material, DMA, or a precursor of this substance, still needs to be addressed. In the absence of a direct emitter one must still seek a source capable of delivering large amounts of DMA (or NDMA) to the environment."

All of these natural requirements already exist in large parts of both Elmira and immediate surrounding areas. The Varnicolor Chemical location formerly had been a large scale pig farm. The direct emitter of NDMA certainly was Uniroyal. A direct emitter of DMA however was a few hundred metres closer to the south wellfield and that was Varnicolor Chemical. That company directly emitted dimethylamine (DMA) as well as its waste waters into the sub-surface natural environment via a floor drain and buried tanker into the outside yard. CH2M HILL, consultants to the Region of Waterloo have so stated in their 1990 and 1991 review of potential NDMA sources. Dimethylamiine was used by Varnicolor as a commercial can coating for corrosion inhibiting purposes. Other sources have also confirmed this and yours truly saw a barrel of Dimethylamine with his own eyes at Varnicolor Chemical when I worked there in the late 1980's.

The title at the top of this posting is a quote from MOE lawyer Stan Berger. He was trying to minimize the extent of Varnicolor's contribution to the destruction of the Elmira aquifers at the EAB hearings. Uniroyal prior to their Settlement Agreement and Indemnity in October 1991 produced this technical document as an exhibit to show the likelihood of other NDMA sources to the Elmira aquifers. They did not specifically name either Nutrite for their ammonia contributions nor Varnicolor for their multiple contributions including NDMA. The MOE covered this up in order to keep Uniroyal Chemical and their huge financial resources on the hook for cleanup costs. The Region and other parties also aided this coverup of Varnicolor, Nutrite and other contributors for self-serving reasons.