Judge hearing case on whether federal agency should order removal of mining waste from Elliott Lake properties

Three Elliott Lake homeowners are being represented in federal court today and tomorrow by the Canadian Environmental Law Association. They're asking a judge to order the Canadian Nuclear Safety Commission to compel the clean-up of mining waste from their properties.

The three all own properties where waste rock from Rio Algom uranium mines was used as fill under and around their homes when they were built in the 1970s.

The homes all have higher than acceptable levels of radon gas and require special mitigation to keep them safe.

Radon gas is produced during the decay of elements such as uranium and radium, and is often naturally occurring, but the homeowners feel the mining waste is responsible for their problems.

It's a leading cause of lung cancer.

Jennifer Carling is almost 75 years-old.

She says the radon came as a surprise to her years after she and her late husband purchased the home, and they've had to install equipment to eliminate it.

Carling says an expert also found higher than acceptable gamma radiation in spots outside her home.

As time passes, Carling yearns to sell her home and move on, but says she can't in clear conscience sell the home to somebody else.

"I keep thinking about future generations of children playing on that property and being exposed to radioactivity up to about 15 millisieverts a year, which is 15 times the government norm," said Carling.

Another homeowner, Lisa Speck bought her property for her retirement.

She says the home is built on a swampy area and the only source of radon could be the mining waste brought in as fill beneath her foundation.

To bolster her case, she says she has a signed agreement from the previous owner and  Atomic Energy Canada committing to lifting the house and removing the waste, however she says her follow-up with the federal government has been met with silence for years.

Speck says she shouldn't have to be responsible for radon mitigation and neither should any other property owner where mining waste was used as fill.