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

Various Victoria locations were hit with a slew of anti-bylaw graffiti Wednesday. This image has been altered to cover up profane language. (Submitted photo)
UPDATED: Slew of anti-bylaw graffiti an ‘unacceptable’ form of communication says Victoria mayor, police

Downtown businesses, bylaw office and Ministry of Finance vandalized Wednesday morning

The Gordon Head Recreation Centre stands in as the Quimper Regional Hospital on Feb. 23 for filming Maid, a 10-part Netflix series. (Greg Sutton/District of Saanich)
Netflix transforms Saanich recreation centre into hospital for filming

Facility was closed to public Feb. 23 for filming of Maid

Greg Chow is the 2021 Local Hero of the Year. (Don Denton/Black Press Media)
Fighting fire a family affair for Colwood Assistant Chief Greg Chow

With 38 years of service, Greg Chow is the 2021 Hero of the Year

This rendering shows plans for the new “flyover”overpass connecting northbound traffic on Highway 17 heading west on Keating Cross Road. Plans currently seeking public input propose two options for the median along Keating Cross Road. Option 1 will prevent left turns onto Tamany Drive and Buena Vista Road. Option 2 (seen here)will allow for left turns onto Tamany Drive and Bujena Vista Road. (Screencap/Ministry of Transportation and Infrastructure)
Public asked for comment on proposed overpass for Pat Bay in Central Saanich

New flyover overpass proposed for Highway 17 and Keating Cross Road

Dr. Bonnie Henry talk about the next steps in B.C.'s COVID-19 Immunization Plan during a press conference at Legislature in Victoria, B.C., on Friday, January 22, 2021. THE CANADIAN PRESS/Chad Hipolito
456 new COVID-19 cases in B.C., 2 deaths

Since January 2020, 78,278 have tested positive for the novel coronavirus in B.C.

Anyone with information on any of these individuals is asked to call 1-800-222-TIPS (8477) or visit the website victoriacrimestoppers.ca for more information.
Greater Victoria Crime Stoppers wanted list for the week of Feb. 23

Greater Victoria Crime Stoppers is seeking the public’s help in locating the… Continue reading

(Black Press Media File Photo)
POLL: Are you struggling with Greater Victoria’s cost of housing?

While Victoria remains one of the most expensive cities in the country… Continue reading

A health-care worker prepares a dose of the Pfizer-BioNTech COVID-19 vaccine at a UHN COVID-19 vaccine clinic in Toronto on Thursday, January 7, 2021. (THE CANADIAN PRESS/Nathan Denette)
Vaccinating essential workers before seniors in B.C. could save lives: experts

A new study says the switch could also save up to $230 million in provincial health-care costs

Photograph By @KAYLAXANDERSON
VIDEO: Lynx grabs lunch in Kamloops

A lynx surprises a group of ducks and picks one off for lunch

When his owner had knee surgery, Kevin, 2, was able to continue to go for walks thanks to volunteers from Elder Dog Canada. (Contributed photo)
B.C. woman has nothing but praise for Elder Dog Canada

National organization has a fleet of volunteer walkers ready, but needs more clients to serve

Two women were arrested in Nanaimo for refusing to wear masks and causing disturbance on a BC Ferries vessel. (File photo)
B.C. ferry passengers arrested and fined for disturbance, refusing to wear masks

Police said woman threatened their pensions in Feb. 21 incident aboard Nanaimo-bound boat

A Nanaimo RCMP vehicle in the Woodgrove Centre parking lot. (News Bulletin file photo)
Woman groped by stranger in mall parking lot in Nanaimo

Incident happened near bus loop Saturday, Feb. 20, at about 4:45 p.m.

The late Michael Gregory, 57, is accused of sexually exploiting six junior high students between 1999 and 2005. (Pixabay)
Former Alberta teacher accused of sexually assaulting students found dead in B.C.

Mounties say Michael Gregory’s death has been deemed ‘non-suspicious’

Most Read