Westmount filing suit over Turcot noise
City council approves plan to file for injunction enforcing sound limits
The city of Westmount will take Transport Quebec and the consortium in charge of the rebuilding of the Turcot Interchange to court over fears new plans for the rebuilt Ville-Marie Expressway will lead to excessive noise.
The city council on Monday evening approved a motion to file an injunction in Quebec Superior Court demanding the transport ministry guarantee noise levels from the expressway, used by 300,000 vehicles daily, will stay within reasonable limits so as not to hamper the quality of life of residents living near the highway, slated to be rebuilt in 2019.
“According to the study released by Transport Quebec Feb. 23, the inhabitants living in proximity to the future Highway 136 will be strongly disturbed by the level of intolerable noise pollution, resulting in several consequences to their health, their comfort and well-being, as well as the freedom to enjoy their residence,” reads the injunction to be submitted Tuesday, against Transport Quebec and the KPH Turcot consortium.
The city is demanding the ministry and consortium put in place, at their cost, measures to ensure noise levels from the rebuilt highway do not exceed 65 decibels on their territory stretching between the MUHC superhospital at Décarie Blvd. and Atwater Ave.
The transport ministry sent a letter last week suggesting it split the costs of any noise-reduction barriers 50-50 with Westmount.
The issue arose after the transport ministry and consortium released a revised version of the reconstruction plan in February.
Contrary to the initial plan submitted by the transport ministry in 2008 to the provincial environment department and to Westmount that promised the stretch of highway bordering the municipality would be lowered by five to six metres compared to the current one, cutting noise levels in the municipality, the new plans indicate the highway will remain at roughly the same levels as before.
“In consequence, the anticipated reduction in noise levels in this sector will be either non-existent or insufficient as compared to what was promised … to the city of Westmount and the Ministry of the Environment, and again in 2010, when the decree 890-2010 by the government of Quebec was emitted,” lawyers for the city of Westmount wrote to the transport ministry and KPH Turcot in late March.
The provincial decree approving the reconstruction stipulates noise levels should not be higher than current levels, and should not exceed 65 decibels. Above that level, government guidelines note, sounds cause significant disturbance to residents. The new report deposited in February notes noise levels will be similar to current levels and above 65 decibels in several zones.
“What we want is for the Transport Ministry to respect the authorization they received in 2008, and follow the decree adopted by the Quebec government and the conditions therein,” said Martin St-Jean, director of legal affairs for Westmount.
“Instead they have unilaterally changed construction plans without going back to the ministry of the environment or us, or without any form of approval.
“There is a reason the process was put in place in 2008 — to make sure that citizens can have an environment without that sort of noise pollution.”
St-Jean said Westmount does not know why the transport ministry and KPH-Turcot changed plans to lower the highway. Reached late Monday afternoon, Transport Quebec spokespeople were unable to provide a response.
But in a letter to Westmount, the ministry said it is continuing its efforts to come to an agreement with Westmount and find ways to limit noise through the use of noise barriers, with the cost shared equally between the ministry and Westmount. The price of the anti-noise walls could be in the millions, StJean said.
Westmount contends the transport ministry is well aware of the conditions to be followed under the provincial environment quality act regarding noise levels, but is not following them.
“They’re building from scratch — can’t they do it without creating a source of pollution?” St-Jean said. “And without having us pay for it on top of it?”