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A whole pile of trouble in my backyard

O'Brian Roberts discovered this massive collapsed oil tank buried in his back yard (amongst numerous other debris) after purchasing the property and building a house on it.

A home-owner who discovered a heap of potentially hazardous waste buried just ten-feet beneath his backyard is demanding stricter environmental laws and warning others who purchase land to beware of what they’re buying.

Three 20-foot rusted oil tanks, steel beams, truck and bulldozer parts and concrete pumping hoses are among the debris discovered by O’Brian Roberts, 42, when he started excavating his newly-purchased property, a part of the South Whale Estate development, in Southampton.

Now nearly completed, the development consists of a mixture of lots which buyers could build on as well as 14 lots with completed houses.

The area offered a rare opportunity to purchase three-bedroom houses for under $900,000 and lots for under $300,000 when it went up for sale in 2001.

Mr. Roberts has been battling the previous owners as well as Government ever since, seeking compensation to remove the metals, which he describes as an environmental danger for everyone.

He is now demanding compensation for the substantial amount of money he is paying to remove the materials and questions why he should be responsible for “illegally” dumped waste, which can be found buried throughout the area.

He contacted The Royal Gazette to highlight the issue after failing to settle the matter, which has been ongoing since 2005.

“This is about health and safety,” said Mr. Roberts. “When I first purchased the land, the backyard was neatly covered up with grass and a thin layer of sand, I had no idea what was really there.”

Mr. Roberts built a house on the lot in 2002 and while excavating his backyard for another project, he made the unwelcome discovery.

He added: “When I first raised this issue with the previous owners, South Pro Ltd., I was told verbally that they would help me with the situation but they later denied liability through their attorneys.

“All it takes is someone who is walking across the eroding embankment above and the foundation can give way with someone easily falling into one of these giant oil tanks and never be heard from again. The Planning department and Ministry of Environment told me it’s a private matter. And, because of the environmental issues, Planning refused me a permit to rent out my house, therefore, I’m losing a lot of money for my investment.

“It’s sad that my wife and daughter are not able to enjoy the property we purchased or even have a backyard barbecue or swimming pool like my neighbours, because of this.”

No one from South Pro Ltd. could be contacted for comment on the matter, however, their attorney, Christian Luthi of Conyers, Dill and Pearman, told The Royal Gazette, South Pro had no knowledge of buried debris at the time of the sale.

Furthermore, South Pro Ltd. has denied making any promises over the matter, as alleged by Mr. Roberts.

Mr. Roberts claims other area residents have uncovered similar unwanted items on their properties.

Quinton Stovell, who managed an excavation project on a lot in the same neighbourhood, said he discovered buried metallic barrels — that were too difficult to dig up — and said the area was an industrial dumping-ground before it was sold for residential development.

He also claims that then-owners, South Pro Ltd. — decided to pursue the development — despite his warnings that the land was unsuitable for housing.

Officials from the Department of Planning and Ministry of Environment did not return phone calls and emails on the matter.

O'Brian Roberts at his house