28.01.2015 Views

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

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

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

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

(iii) Have lived within the Class Boundaries for a minimum <strong>of</strong> th<strong>re</strong>e (3)<br />

continuous years during the Class Period; or<br />

(iv)<br />

If not <strong>of</strong> the age <strong>of</strong> majority have lived within the Class Boundaries<br />

for 50% or mo<strong>re</strong> <strong>of</strong> their lives or for th<strong>re</strong>e (3) continuous years<br />

whichever is less.<br />

(aa) (t) "Steel Plant" means the facility within the Class Boundaries at which steel<br />

was manufactu<strong>re</strong>d until 2000, the location <strong>of</strong> which is located within the<br />

<strong>re</strong>d boundaries shown on Schedule "A" he<strong>re</strong>to.<br />

(bb) (u)"Steel Works" means the Steel Plant and the Coke Ovens.<br />

(cc) (v) "Steel Works Defendants" means Canada, Nova Scotia, Ispat Sidbec,<br />

Hawker Siddeley, and Sydney Steel Corporation.<br />

(dd) (w)"Sydney Tar Ponds" means the former tidal flats adjacent to Sydney<br />

Harbour at the mouth <strong>of</strong> Muggah C<strong>re</strong>ek whe<strong>re</strong> the run<strong>of</strong>f from the Coke<br />

Ovens Brook and other proximate watercourses or brooks has<br />

accumulated, which is marked as “Muggah C<strong>re</strong>ek”, “North Pond” and<br />

“South Pond” on Schedule "B" he<strong>re</strong>to.<br />

(ee) (x)"SYSCO" means the Defendant Sydney Steel Corporation.<br />

(ff) (y) "Tar Ponds Contaminants" means the contaminants that have<br />

accumulated in the Sydney Tar Ponds, including oils, heavy metals<br />

(including lead, arsenic and cadmium), polychlorinated biphenyls (PCB's),<br />

and polycyclic aromatic hydrocarbons (PAH's, including benzo[a]py<strong>re</strong>ne,<br />

benzchphenanth<strong>re</strong>ne, benz(a)anthracene, a benzfluoranthene isomer, a<br />

bezfluoranth<strong>re</strong>ne isomer, and clolanth<strong>re</strong>ne).<br />

I. OVERVIEW<br />

2. For many years, Sydney, Nova Scotia was home to a steel plant, and coke ovens<br />

and by products operations that operated in the heart <strong>of</strong> the city with no<br />

emissions controls. Throughout that period, those operations spewed hund<strong>re</strong>ds<br />

<strong>of</strong> thousands <strong>of</strong> tonnes <strong>of</strong> Contaminants into Sydney's air, water and soil.<br />

5

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!