OLT upholds City’s cost recovery order for Ssonix hazardous waste spill

A recent ruling by the Ontario Land Tribunal (OLT) will allow the City of St. Catharines to recover nearly $3.7 million from Ssonix Products 2010 Inc. and its officers and directors for emergency environmental cleanup costs following a 2023 explosion and fire at a hazardous waste facility in St. Catharines.

The OLT delivered its ruling Friday, Nov. 21, after hearing an appeal to the City’s Municipal Cost Recovery Order from Ssonix and its directors, Sharon Baker, Steve Baker, and Tyler Baker. The City issued the order to recover $4.2 million spent by the City to the prevent, eliminate, or ameliorate the adverse effect of pollutants spilling from the Ssonix facility after the explosion and fire at the 20 Keefer Rd. hazardous waste facility January 12, 2023. 

“We welcome the ruling as confirmation that the steps the City took to manage the Keefer Road incident were reasonable, appropriate and necessary. We responded to a challenging and complex emergency with quick and decisive action, ensuring the safety of our residents and minimizing impacts to the environment,” said Mayor Mat Siscoe. “We recognize that this incident left a lasting impact on the Port Weller community. As time has passed, our thoughts remain with the family of Ryan Konkin, the Ssonix employee who tragically lost his life that day, and with all who were affected by that day’s events.”

In its written decision, the OLT states that as a result of the explosion and fire, several containers of hazardous waste were released and spilled at the Ssonix property and beyond to neighbouring properties and the natural environment. Between 100 and 200 people were evacuated from the area while firefighters worked for more than 8 hours to extinguish the fire. The City retained an emergency response contractor to assist with cleanup and investigation.

The OLT’s ruling adjusted the order by deducting certain legal and labour costs and other fees not directly tied to the prevention, elimination, or amelioration of the effects of the spilled pollutants, while still upholding almost 90 per cent of the City’s costs as recoverable.

“This ruling is significant for the City and municipalities across Ontario,” said City Deputy Chief Administrative Officer Erin O'Hoski. “It’s heartening to see support for municipalities to take appropriate actions to protect their communities and the environment while holding those accountable for the hazardous incidents on their properties.”