Province begins forfeiture of Shawnigan contaminated soil site

Province begins forfeiture of Shawnigan contaminated soil site

The forfeiture proceedings do not impact the closure plan for the landfill site

The province announced Wednesday afternoon that it was beginning the procedure to take over the controversial contaminated soil site at Shawnigan Lake due to non-payment of taxes on the part of the owner, Cobble Hill Holdings.

The forfeiture proceedings do not impact the closure plan for the landfill site, the province said in a press release from the Ministry of Environment and Climate Change Strategy. It also does not affect the Spill Prevention Order.

The site has been under litigation for years. Site owners Cobble Hill Holdings and South Island Aggregates were issued a permit by the provincial government in 2013 to receive and store up to 100,000 tonnes of contaminated soil per year at their quarry. This drew the ire of the Shawnigan Lake community, which argued that the location above the Shawnigan watershed was innapropriate for contaminated soil, as the possibility of contaminants leaking into the water was too high.

After legal wrangling the site was ordered shut down in 2017, when the operating permit was pulled. Closure plans call for the contaminated soil already there to stay at the site. Opponents have turned their sights to demanding its removal.

In the Wednesday press release the province said despite the forfeiture proceedings the parties named on the spill prevention order remain responsible for implementing the closure plan.

Cowichan Valley MLA, and longtime opponent of the contaminated soil site in Shawnigan, Sonia Furstenau was unimpressed.

“This is yet another example that demonstrates how the Ministry of Environment needs greater powers within the Environmental Management Act. Government must consider the history of operators when making these sorts of decisions, akin to the fit and proper clause used in other acts.

“We keep coming back to the same place — government is forced to take increased risks and costs because it simply doesn’t have the power to act decisively to protect a community’s drinking water,” she said.

“Ensuring the protection of clean, accessible, and healthy drinking water should be the first priority when development is proposed in a watershed. And yet the current approach shows that we seem to have our priorities backwards. Why would a community have confidence that a Spill Prevention Order or a closure plan would be followed through to the letter if a basic step like paying property taxes cannot be fulfilled?” she asked.

The ministry press release said that to date, the named parties have followed the plan and its approval conditions:

• Two new shallow monitoring wells and a new seepage blanket well were installed Nov. 4 and Nov. 6, 2019, in advance of the Nov. 18 deadline.

• The objective of those installations is to improve the groundwater monitoring network next to the landfill.

• The comprehensive pre-winter inspection under the supervision of a qualified professional was completed on Nov. 12 in advance of the Nov. 18 deadline. No upgrades or maintenance were found to be required.

• The named parties have submitted the draft quality management plan, the pre-winter inspection report and the slope stability report. The ministry is reviewing these documents.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Jimmy Seymour was recognized for his outstanding work as the solid waste operator for Stz’uminus First Nation. (Submitted photo)
‘He has a way with the community’, Jimmy Seymour recognized for his dedication to Stz’uminus First Nation

Jimmy Seymour uses his job as solid waste operator to spread kindness through Stz’uminus

A boat caught fire in Ladysmith Harbour on Saturday morning. (Photo submitted)
Missing woman’s remains recovered from Ladysmith harbour

The remains of a 60 year old woman were recovered after a boat fire took her life on Feb. 27

Ladysmith Secondary School. (File photo)
Ladysmith Secondary reports another COVID-19 exposure

This makes LSS the school with the most exposure days in the Island Health region currently

Plantitude’s ‘Stargazer Bubbles’. (Plantitude photo)
Plantitude offers ‘stargazer bubble’ dining experience

The 10 foot by seven foot bubbles can seat up to six people

It’s been almost a year since the last public performance inside the Chemainus Theatre. (Photo by Don Bodger)
Lead donors pledge $60,000 in matching campaign at the Chemainus Theatre

Perrys, Hiltons and Duncan Iron Works help to Bridge the Gap during COVID shutdown

Health Minister Adrian Dix looks on as Dr. Bonnie Henry pauses for a moment as she gives her daily media briefing regarding COVID-19 for British Columbia in Victoria, B.C. THE CANADIAN PRESS/Jonathan Hayward
7 additional deaths and 542 new COVID-19 cases in B.C.

Provincial health officials reported 18 new COVID-19 cases linked to variants of concern

One person is dead after a camper van caught fire Thursday morning in Victoria’s Beacon Hill Park. (Nina Grossman/News Staff)
One person dead after vehicle fire in Beacon Hill Park

Victoria firefighters were already extinguishing the fire when police arrived on scene

(Government of B.C.)
Chelsea Harry was last seen Feb. 21. Photo via Comox Valley RCMP
Vancouver Island RCMP seeking help locating a missing woman

Missing person last seen in Courtenay on Feb. 21

Backcountry skiers are dwarfed by the mountains as they make their way along a mountain ridge near McGillivray Pass Lodge located in the southern Chilcotin Mountains of British Columbia, Tuesday, Jan. 10, 2012. Avalanche Canada has issued a special warning to people who use the backcountry in the mountains of western Alberta and eastern British Columbia. THE CANADIAN PRESS/Jonathan Hayward
Avalanche Canada special warning for mountains in western Alberta, eastern B.C.

Avalanche Canada also says everyone in a backcountry party needs essential rescue gear

A recently finished $4.3-million taxiway extension at the Victoria International Airport (not pictured) is unusable because of a blind spot. (Black Press Media file photo)
Blind spot leaves Victoria airport’s new $4.3-million taxiway extension unusable

Solution has been put on hold by COVID-19 pandemic, says airport authority

Chief Justice Christopher Hinkson (Office of the Chief Justice)
Judge questions whether B.C.’s top doctor appreciated right to religious freedom

Lawyer for province says Dr. Henry has outlined the reasons for her orders publicly

The City of Duncan will implement a new pilot project targeting vandalism this spring. (File photo)
Graffiti trouble? Duncan will give you the brush and the paint to remove it

Initiative based on a successful project to protect Port Alberni from unwanted spray paint

A sample of guns seized at the Pacific Highway border crossing from the U.S. into B.C. in 2014. Guns smuggled from the U.S. are used in criminal activity, often associated with drug gangs. (Canada Border Service Agency)
B.C. moves to seize vehicles transporting illegal firearms

Bill bans sale of imitation or BB guns to young people

Most Read