Harrietsfield resident to file ‘private prosecution’ against companies for polluting drinking water

For the first time ever in Nova Scotia, a resident is heading to court Wednesday to file a private prosecution against two companies accused of contaminating drinking water in the area.

Represented by lawyer Jamie Simpson and East Coast Environmental Law, Harrietsfield’s Marlene Brown is laying the charges under the Nova Scotia environment act.

READ MORE: Harrietsfield residents still waiting for safe drinking water

“It’s a means of last resort when government doesn’t act to enforce either criminal laws or environmental laws,” Simpson told Global News.

Papers are being filed to lay charges against two numbered companies and two individuals for “releasing substances causing an adverse effect into the environment” and for failing to comply with two ministerial cleanup orders.

Simpson said the government’s failure to enforce its own cleanup orders on the contaminated RDM Recycling demolition site has forced Brown’s hand.

“Residents have been waiting for a long time here, years and years,” Simpson said. “We just keep getting the same answer that the government is looking at all options and they’re taking it very seriously and yet nothing has happened.”

Tweet This Click to share quote on Twitter: "Residents have been waiting for a long time here, years and years," Simpson said. "We just keep getting the same answer that the government is looking at all options and they're taking it very seriously and yet nothing has happened."

WATCH: After years of living with unsafe drinking water, Harrietsfield residents ‘forced’ to lay charges – Alexa MacLean reports

2:07 After years of living with unsafe drinking water, Harrietsfield residents ‘forced’ to lay charges

In particular, Simpson said the failure to monitor residents’ wells for almost two years and a two-year limitation period on evidence that can be used in the case is forcing the group to act now.

‘We have moved forward’: environment minister

Environment minister Margaret Miller though said, unlike previous governments, hers has acted to bring potable water to residents affected by the pollution and is going through the process to enforce the cleanup orders issued by her department.

“We have moved forward,” Miller said Tuesday. “I certainly can’t be telling the public prosecution service how fast they need to move, it is a process, it’s with them and we will wait to hear from them.”

READ MORE: Advocacy group using social media to highlight Harrietsfield water issues

Asked if her government has let down residents in the area, Miller said no.

“This government certainly hasn’t. We’ve really paid attention. We actually have water, potable water is going to be in all these homes for the first time in 20 years. We are actually taking action on this, it’s positive, it’s not the end, we’ll keep moving forward.”

Last year the government announced it would purchase water filters for eight wells affected by the contamination. Last week a contract was signed with EcoWater Systems in Hammonds Plains. The cost will be $209,000 for the systems, installation and water monitoring for five years.

There is no timeline for when the water filters will be installed.