City staff to explore giving tax break to Stoney Creek residents living within 3 km of stinky landfill

Hamilton city staff will look into measures that could provide relief to neighbours of a smelly GFL dump in Stoney Creek, including tax breaks and a temporary closure of the landfill, after councillors discussed the actions last week. 

At a general issues committee (GIC) meeting on Feb. 26, councillors voted unanimously in favour of two motions put forward by Coun. Brad Clark's (Ward 9). One of those motions will look at "providing area rating relief or any other tax relief" to Upper Stoney Creek residents living within a three kilometre radius of the dump at 65 Green Mountain Rd. W., where neighbours say a stink continues to impact their lives.

Since April 2023, the area surrounding the GFL Stoney Creek Regional Facility has been dealing with a consistent, at times overwhelming stench coming from the dump, neighbours say.

Tenysha Graham, a neighbour of the area, delegated at GIC and said the "sulphuric, rotten fish-like and chemical [smells] are causing unmistakable harm to our community."

"We are unable to use our backyards and children are unable to use community playgrounds," Graham said at the committee meeting.

"I'm extremely concerned for my health and so I no longer go for a walk or jog in our own neighbourhood."

She said the community wants answers from the province, which approved an expansion of the landfill in 2019, and from GFL, the company that runs the landfill.

"These odour events are frequent, unpredictable and have tangible impact on our daily lives," she said.

Ward 2 Coun. Cameron Kroetsch asked if residents impacted by other environmental effects in the city's industrial zones could be considered in the report requested to city staff. 

"The impact of a decision like this could be very far ranging," he said.

Mike Zegarac, general manager of finance and corporate services in the city, said the report could include findings that could apply to other areas. 

Ministry 'dropping the ball,' says councillor

In the second motion put forward by Clark, city staff were directed to look into "legal options available to the city" in relation to residents' concerns, including a possible temporary closure of the site. 

In it, he said a community group for the area "has had discussions with their lawyers," in light of what they perceive to be inaction from the Ministry of Environment, Conservation and Parks (MECP) to help resolve the issue. 

He said the MECP and GFL are "well aware of the issue," and the ministry is "dropping the ball."

"What frustrates me more than anything is that [GFL] have been gaslighting residents when they call in for an odour complaint." 

In November 2023, the province strengthened penalties to landfills that contravene environmental laws, which could face fines from $1,000 a day to $100,000 a day, which Clark said was a response to around 6,000 petitioners to the province. 

Clark said that since then, GFL has responded to odour complaints by saying they're not at fault. 

MPP-elect Donna Skelly said, during a Cable 14 provincial candidates debate on Feb. 20 for the Flamborough-Glanbrook riding, that the ministry has an "ongoing investigation," and the company hasn't gotten any fines because the investigation is not complete. 

The MECP has said previously the smell is due to leachate, a chemical stew of potentially toxic liquid, that came up while building a new landfill cell.

In the second motion, Clark also mentions a section of the Municipal Act that states a court could order the premises to be closed temporarily if a municipality proves it causes a public nuisance that's not being addressed. 

Ward 10 Coun. Jeff Beattie, who said he regularly sits in community meetings between GFL and neighbours of the area, said he doesn't see "any alternative to closure of this facility if we keep going down this road." 

"Ultimately, the residents of this community have a right to be outdoors," he said.

'We cannot continue to live like this'

Graham said residents organized to do their own air testing after hearing the MECP and city often can't conduct air measurements while the odour events are active.

Results showed levels of hydrogen sulfide close to double Ontario standards, according to Graham.

Beattie said the city's Public Health department has said while the hydrogen sulfide odours have not been "a threat to public health, they are public nuisance."

"They can cause people to be nauseous, they can cause sore throats, they can cause asthma, bronchitis and they can certainly cause migraine headaches," he said.

Graham said while some equipment for the testing was donated, residents also donated to cost it, adding to the financial burden some have been feeling as a result of the odours. 

She said many, including herself, have bought air purifiers out of fear for their health, other neighbours have said in the past their bills have gone up due to not being able to open their windows during warmer months.

"We cannot continue to live like this," said Graham.

City staff were given until the end of the second quarter of 2025 to report back to GIC on both motions "with all costs to be funded through the GFL royalties."

Both motions passed unanimously, with 13 councillors and the mayor voting on the first motion, and councillors only voting on the second. The vote will go to council for final approval on Wednesday.