Reference to the case before the court: M.O.E. vs TransX, per properties & C.E.O. TransX, Mr. Georges St. Arnaud
As recorded, my name is William Smith Manderson, 72 years of age and currently I am a resident of Geulph, Ontario, at the address indicated above.
As the originator of this complaint and party to the subsequent prosecution, I wish to request permission from the Court to read aloud in Court my Victim Impact Statement.
As is on the record, I first became involved with this TransX site of today during an O.M.B. Hearing, which was held in August 2004, related to a then Applicant named CoPart, who were given approval to build a Car Recovery Business on land at the time owned by Jimmy’D’ Transport. A Ms. Helen Purdy of Puslinch Township had filed an Appeal to Challenge the Township’s approval of the Jimmy’D’ application for permission to build and establish their joint business venture on the Jimmy’D’ site.
Ms. Purdy’s claim, and argument, was prematurity of issuance of permit to proceed without the full environmental adherence to the protocol of pre-requisites identified in the Environmental Act.
At a Pre-Hearing I sought and was granted Full Party Status to be a fully recognized participant at the full O.M.B. Hearing, planned for August 2004. My participation is on public record, which culminated through the mismanagement of the O.B.M. Chair, in me not being permitted to present my evidence which was related to my claim that no Certificate of Approval had been issued by the M.O.E. to any Party, therefore the issuance of Township permission to proceed to Jimmy’D’/CoPart was indeed premature, as it did not address the quality of water leaving the site. With a Pre-Requisite Chemical Analyses conducted and recorded which would identify contaminants being carried through a Storm Water Management System without abatement and removal into a catch pond which depended on natural filtration into the soil, contained then the water borne contaminants into the Aquifer.
This Aquifer is the source of drinking water for adjoining for adjoining businesses and residences including the Village of Morriston to the south.
Your Honour, these life-threatening conditions still prevail today and have been in evidence in ever increasing volume since 1986, the year of the Industrial Development of this quadrant of land on Brock Road in Puslinch. Not only did TransX violate the (2) sections of the Environmental Act identified in these proceedings, their guilty plea, in my submission, constitutes a cover-up of more serious violations, which if left undetected, unidentified and uncorrected, can have a devastating effect on the health and welfare of the residents of that “Oblivious Community”. Men, women, and particularly the children, the innocents who look to we “so-called” adults for assurance and protection form the “Bogey Men.” We all have a huge responsibility here!
I beg the Court to recognize the as yet unknown impacts on potentially many people. One tragic death is one too many to accept, because we responsible people chose not to listen and react! We, all of us, have the evidence to justify a true, accurate and responsible Forensic Audit, and pre-empt the possibility of a repeat of the deadly results of contaminated water being permitted to enter the drinking water supply of a Community. The Storm Water Management System designed by Gambsy & Mannerow to correct the TransX violation, does not address the removal of contaminants from the storm water, and by association through process, ends up as a component of water pollution with potential deadly end results.
I beg the Court to order a Forensic Audit to be conducted and publicly filed, covering all of the unanswered questions, which must be addressed! It would be a criminal act, committed by all of us, not to have the assurance of a Forensic Audit, designed to establish the facts as they are! This will identify the course of action to be taken to correct permanently, the contributing elements of this highly potential devastating disaster! The Investigative Branch of the M.O.E. have accepted my concerns as being valid, and have started their investigative process.
A Forensic Audit, ordered by this Court, would add a higher degree of co-operation sought by the Investigators from all parties.
I beg the Court to consider this additional element to the Judgment before the Court, as being submitted, with conviction, and understanding of responsibility on my part. I am not being Frivolous or Vexatious. We must do this, I respectfully submit to this Court.
I thank you for this opportunity to address with sincerity, and supported evidence, the issues which are, as yet, unaddressed in these proceedings!
Thank you Your Honour/Worship
William Smith Manderson