After finding toxic chemicals in his home’s well water, a Torbay resident is slamming Transport Canada for being too slow to act — even as the agency expands the area it is testing in.

Kenneth Baird knew the nearby neighbourhood of Pine Ridge had tested positive for toxic substances called perfluoroalkyl and polyfluoroalkyl (PFAS) in its water.

Court documents allege the problem stems from firefighting training carried out at the nearby St. John’s International Airport, which used a foam that contained so-called “forever chemicals” that can cause a number of negative health effects on humans, including cancers.

Transport Canada is responsible for the site, and it’s one of 80 federal sites contaminated with PFAS.

“Transport Canada really doesn’t seem to be proactively managing this issue,” Kenneth Baird told CBC News.

Baird initially thought his home, which was built in 2017, was safe.

“I had notionally thought to myself, well, that’s not going to affect us. It’s too far away. There’s a series of hills and valleys between us. It’ll never reach us,” he said.

That changed in the summer when he learned the class-action lawsuit filed on behalf of affected residents had expanded to two defined groundwater catchment areas in the Town of Torbay and the Town of Logy Bay–Middle Cove–Outer Cove, including where he lives.

The suit was filed by McInnes Cooper partner J. Alex Templeton. It has not been certified and the allegations have not been tested in court. 

In September, CBC News reported chemistry professor Karl Jobst, who is also a Torbay resident, tested wells outside where Transport Canada was testing and found PFAS was present.

‘It floored me’

On legal advice, Baird contacted Transport Canada twice to request water testing, but was refused.

Baird decided to get his water tested privately and a sample was sent off. It came back that his sample had more than twice the levels Health Canada considers safe for drinking water.

“It floored me that it indeed is reaching me this far away from the airport,” said Baird.

With this information, he asked Transport Canada to include his home on its bottled water program, which it had for Pine Ridge residents, but this was also refused.

He said he’s contacted federal, provincial and municipal politicians, but he hasn’t received much support.

“I know my home drinking water is not safe. What am I going to do? Do I wait for Transport Canada? I’ve got no faith they’re going to give me a solution, and so I decided to look into filtration systems for the home,” said Baird.

WATCH | Transport Canada expands testing of contaminated wells:

Transport Canada expands testing of contaminated Torbay wells

Transport Canada is expanding its testing of wells in Torbay that are contaminated with forever chemicals. The CBC’s Heather Gillis reports.

All told, he said he spent about $4,300 on testing and getting a filtration system installed. He said Jobst also tested his water and found similar levels as the test he’d paid for.

Three weeks ago, Transport Canada officials were at Baird’s home to take water samples, before he’d installed his own filtration system. He’s still waiting to hear back on those results.

Baird said the federal agency is relying on one test per well, but he wants to know if they’re aggregating data to understand how PFAS is spreading through groundwater, and if there are plans to remove PFAS from the water.

Testing expands

Templeton, the lawyer who filed the proposed class action lawsuit, said residents like Baird have installed filtration systems and bought bottled water at their own expense because Transport Canada isn’t taking a proactive approach.

He said Transport Canada is now testing for PFAS in more areas, like where Baird lives, as well as Mahons Lane, Quigley’s Lane and other locations.

Man in dark suit seated at a table. Behind him there's a window that shows trees.

Lawyer Alex Templeton says Torbay residents have paid for filtration systems and bottled water. (Curtis Hicks/CBC)

“It’s much more extensive testing than was originally undertaken over the past two years,” Templeton said.

He said Transport Canada is soon expected to file a statement of defence in response to the proposed class action lawsuit.

The proposed class action area includes an estimated 700 homes. If it is certified, residents will have the option to join the class action or opt out of it.

In an emailed statement to CBC News, Transport Canada spokesperson Flavio Nienow said because the matter is before the courts, the agency would not comment.

“Transport Canada is working with Public Services and Procurement Canada to provide drinking water sampling to residents in the area, and residents to be sampled will be contacted by letter,” wrote Nienow.

The statement added the department is working with the local authorities.

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