Soil dumping to resume at Shawnigan Lake, B.C., following court ruling
Appeal court overrules previous decision by B.C. Supreme Court
A B.C. Court of Appeal ruling has cleared the way for dumping to continue at a Vancouver Island contaminated soil facility.
The decision overturns a B.C. Supreme Court ruling that previously gave the Cowichan Valley Regional District the authority to prohibit soil dumping under its local bylaws.
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The Shawnigan Lake soil facility is categorized as a mining activity because the operation involves filling an old quarry.
The site has drawn controversy for years. Many residents say they're concerned that contaminated dirt could taint the water of Shawnigan Lake, which thousands of people in the area north of Victoria rely on for drinking water.
The soil dump has received several warnings from the Ministry of Environment over water escaping the property. But the ministry has been satisfied with fixes made, allowing it to continue operating under a provincial permit.
The court decision was welcomed by the quarry's owners, Cobble Hill Holdings.
Ruling sets precedent, says owner
Its lawyer, John Alexander, said the ruling sets a precedent across the province by putting mining-related activity squarely under provincial jurisdiction.
Alexander said the mining industry as a whole will be relieved that it will not have to adapt to local regulations in different districts across the province.
South Island Resource Management, which operates the facility, says it's pleased with the decision and that it plans to continue to operate in compliance with the provincial requirements.
Some residents expressed disappointment with the decision.
A sad day for Shawnigan Lake residents. <a href="https://twitter.com/hashtag/SaveShawniganWater?src=hash">#SaveShawniganWater</a> <a href="https://twitter.com/hashtag/bcpoli?src=hash">#bcpoli</a> <a href="https://twitter.com/hashtag/WaterIsLife?src=hash">#WaterIsLife</a><br> <a href="https://t.co/agNySRB4Fe">https://t.co/agNySRB4Fe</a>
—@water_momma"The community of Shawnigan Lake has been abundantly clear that we don't accept this risk and we never will," said Sonia Furstenau, an area director for the Cowichan Valley who is running for the Green Party next election.
"This is just a nightmare that will not end for our community."
The Shawnigan Residents Association is also trying to get the soil dump shut down through a separate court case that is reviewing how the provincial permit was issued.
That decision is expected in the coming months.
With files from Megan Thomas