Otter Lake landfill accused of violating Environment Act

The Otter Lake landfill in Halifax is being accused of violating environmental laws after multiple surface water samples over a one-year period allegedly contained more sediment than allowed under the site's approval conditions.

The municipality was charged last February under the Environment Act and will be in court next week to fight the ticket. The maximum fine under the act is $1 million.

Last month, an enforcement officer with the provincial Environment Department sought a warrant to seize lab results, data and reports analyzing the amount of total suspended solids in samples of surface water discharge.

The warrant says between February 2013 and January 2014, the municipality notified the department of 20 samples that exceeded approved levels.

The municipality, however, says it has not broken the law.

"Next week we plan to we plan to appear in court to actually dispute that ticket, because we do not believe that we are in violation of the charge that they have levied under the ticket," said Tiffany Chase, a spokeswoman for the municipality.

Halifax won't reveal its defence. It does say the solids relate to sediment from soil at the landfill, but not surface water that has swept over garbage itself.

Landfill at centre of debate

The Environment Department refused to comment on the case because it is before the courts.

The municipality is required under the landfill's approval conditions to report any samples that exceed allowable limits of 50 milligrams of suspended solid per litre of water.

One ecologist said while this is not the more dangerous landfill leachate, sediment that washes into natural waterways is still an environmental hazard.

"It can interfere with fish when they want to spawn. It can also deplete the oxygen in a river," said Mark Butler, a policy analyst at Ecology Action Centre.

The Otter Lake landfill has been at the centre of debate during the last year as municipal officials seek to overhaul the Halifax region's garbage system.

The initial proposal, released a year ago, angered residents near the landfill who accused the municipality of breaking promises it made with the local community.

Months of consultation followed and council in December approved a modified plan. One of the most controversial aspects, the elimination of a sorting facility, was put on the back burner.

The proposal, however, will still see the landfill height rise up to 15 metres.