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Rigaud Moratorium: A Class Action Lawsuit Under Consideration

durée 17h00
12 novembre 2024
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Jessica Brisson
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Par Jessica Brisson, Éditrice adjointe

A group of entrepreneurs and citizens in Rigaud is considering filing a class action lawsuit against the City regarding a moratorium that suspends the issuance of certain permits and certificates in the urban perimeter due to the sewer network reaching capacity.

Although the regulation is set to be officially adopted this Tuesday, November 12, the moratorium has been in effect since October 8.

Under the condition of anonymity, the spokesperson for the group argues that the lack of information on the remaining capacity of the municipal sewer system should prompt councilors to rescind the regulation. "On the municipal council, Charles Meunier (councilor for District 1) has voiced concerns about insufficient information, and Councilor Lapointe (Alain Lapointe - District 6) has said the City delayed addressing the issue. We believe that before imposing such a regulation, the City should ensure all accurate information is at hand," he told Néomédia.

This suspension of certain permits and certificates—an exceptional and temporary measure called the Interim Regulation—follows the most recent report from FD Expert Conseil, which the City received in July 2024. This report concluded that the treatment plant has no remaining capacity based on the latest calculations approved by the Ministry of the Environment, the Fight against Climate Change, Wildlife and Parks (MELCCFP).

The length of the suspension will depend on the time needed to bring the plant and its ponds up to standard, to adequately meet Rigaud's current and future needs in the best interests of taxpayers. The interim regulation has a maximum duration of two years and may be renewed, if necessary, until the wastewater treatment system is fully compliant.

"Since the ponds have reached their maximum capacity and several construction projects submitted before the suspension are underway, which will increase wastewater inflow, the City must take concrete actions now to meet its environmental protection obligations. These actions include purchasing and installing three new surface aerators, costing nearly $43,000, to improve pond efficiency, as well as annual sludge removal, which is typically required only every ten years. Additionally, during underground infrastructure rehabilitation work in the older parts of the City, all combined sewers will be separated into sanitary and stormwater lines," stated the City in a press release on October 9.

14 Years of Waiting

In 2010, the City conducted a preliminary study to assess the capacity of its ponds. However, after being denied funding under the Municipal Water Infrastructure Fund (FIMEAU), the project was put on hold until 2016, as the lifespan of this type of facility was considered potentially longer.

In a press release, the municipal administration indicated that several studies and analyses had been ordered since 2016.

“Successive administrations have commissioned various studies and analyses; issued tenders; requested clarifications; obtained reports, plans, and specifications; and received cost estimates for upgrading the plant and ponds, ranging from $3.5 million (in 2016) to $12.2 million (in 2019), $15.4 million (in 2019), and finally $23.7 million (in 2021). To date, these variations have not allowed the elected officials to make a fully informed decision, despite the promise of a provincial government grant of just over $10 million in 2020,” the press release stated.

"This is where we struggle to understand, and we want explanations. In 2020, the City received a $10 million grant. I assume they had to submit an engineer’s report, plans, and specifications to secure the grant, right? Once the City had all this, it decided to terminate the contract with the engineers and commission a new study. Suddenly, the new study indicates no remaining capacity. At the public presentation on October 29, we were told that the standards had changed, and it doesn’t necessarily mean we have no residual capacity; it’s just that the ministry's requirements are now stricter. But if the grant was awarded based on the old standards, the new requirements shouldn’t apply, as I understand it," the spokesperson tried to explain.

The group hopes the municipal council will reconsider implementing the moratorium, at least until accurate data on the sewer system’s remaining capacity is available.

City councilors are set to hold their monthly meeting on Tuesday, November 12, and are expected to officially adopt the interim regulation unless there is a last-minute change.

 

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