June 24, 2009 - Order re: 4th Amended Statement of Claim - Wagners

these Contaminants, thereby causing continuing damage to the Plaintiffs and
other Class Members.
(i) The Steel Works Defendants
83. 73. During the period that each of the Steel Works Defendants operated the Steel
Works or a portion thereof, the Contaminants escaped from the Steel Works in
the following ways:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
From the smoke stacks at the Coke Ovens and Steel Plant, as fine
particulate amenable to inhalation;
As dust blown from the Steel Works on the wind;
As effluent escaping from the Coke Ovens washing into the soil on the
Coke Ovens Lands and migrating in the air, soil and water into the
adjoining Neighbourhoods;
Underground into the adjoining Neighbourhoods;
As effluent dumped into the Coke Ovens Brook which carried it to the
Sydney Tar Ponds; from where it has escaped into the air, soil and water
and continued to migrate in the air, soil and water into the adjoining
Neighbourhoods;
In the slag dumped by the Steel Works Defendants on the land
surrounding the Steel Works; and
As effluent dumped onto the lands immediately surrounding the Steel
Plant from where it has escaped into the air, soil and water and continued
to migrate in the air, soil and water into the adjoining Neighbourhoods.
84. 74. None of the Steel Works Defendants has ever taken any steps to clean up the
Operational Emissions and Tar Ponds Contaminants which escaped from the
Steel Works into the Neighbourhoods as described above.
85. 75. The particulates and dust released by the Steel Works Defendants remains in the
Neighbourhoods. The Plaintiffs and Class Members continue to have dermal
contact with it, to inhale it, and to ingest it in the course of their daily lives. It is in
their homes and on their property
86. 76. The Operational Emissions and Tar Ponds Contaminants remain in the water
and soil in the Neighbourhoods. They continue to migrate onto the property of the
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