Fort Simpson (Apr 08/05) - A mound of contaminated soil temporarily being held at the Fort Simpson landfill triggered anger around the village council table on Monday evening.

Deputy Mayor Dennis Nelner said the village failed to charge Enbridge Pipelines (NW) Ltd. tipping fees for the contaminated earth it transported to the landfill last month. Xah Ndah Resources, the village's landfill contractor, was therefore denied a source of revenue, according to Nelner - at least $10,000, he later estimated. As well, sand was taken from the landfill for clean up at Enbridge's July oil spill site just outside Fort Simpson. Another fee should have been charged for the sand, Nelner argued.

The village "bends over backwards" for its other contractors but not for an aboriginal business, Nelner charged.

Mayor Raymond Michaud said he took offence to the remark. By removing the sand, Enbridge opened up a new landfill pit, which is a benefit to the village, Michaud noted.

Senior administrative officer Bernice Swanson explained that no tipping fees were charged because no costs were incurred by Xah Ndah Resources for the storage of the estimated 1,100 cubic metres of oil-laced soil - about 100-110 dump truck loads.

Enbridge has committed to removing the mound of earth by June, Swanson said. Enbridge has also reinforced the berm lining and has tested the soil around the berm. The energy company will test the surrounding soil again afterwards to ensure no oily dirt is left behind, according to Swanson.

Nelner further asserted that Enbridge should have hired Nogha Enterprises to transport the contaminated soil because the spill occurred on Liidlii Kue First Nation's traditional lands.

"That's one of the few benefits we enjoy," said the deputy mayor, who is also an LKFN band councillor.

Rowe's Construction was contracted to move the oily dirt.

Asked if charging tipping fees would have made the village legally responsible for the contaminated earth, Nelner replied, "Well, isn't possession nine-tenths of the law?"

Eric Menicoche, owner of Xah Ndah Resources, couldn't be reached for comment prior to press deadline.

Coun. Norm Prevost criticized the mayor and SAO for acting on the contaminated soil without council's input.

"We should make the decision," Prevost said.

"All of a sudden we have a hazardous waste site out there, and it's major."

Coun. Betty Hardisty concurred.

"You should have had the courtesy to let us know," she told Michaud and Swanson.

Swanson responded that the hazardous waste bylaw authorizes the village's manager to make decisions on such matters.

She said she consulted with Michaud and got approvals from the Department of Indian Affairs and Northern Development and the Mackenzie Valley Land and Water Board.

Michaud reminded council that Enbridge readily assisted the village when a bulk tank sprang a leak along Antoine Drive last year.

"I didn't think it was that big an issue," Michaud said of his consent.

Prevost countered that the village is doing Enbridge a bigger favour than providing a few spill kits.

"They have financial capabilities of helping us out," he said.