If you look closely at almost any major environmental controversy in B.C. in the past decade, you’ll find one common denominator: industry-paid “professionals” were trusted with our province’s environmental protection.

This, folks, is what is often called leaving the fox to watch the hen house. But, if you’re the B.C. government, you come up with one of the greatest euphemisms of our age for it: “professional reliance.”

This system, implemented under the BC Liberals in the early 2000s, means “professionals” hired and paid for by mining, logging, natural gas and other industries, have been trusted with B.C.’s environmental protection.

Most people would call that a conflict of interest. But in B.C. this is called business as usual.

Until now … maybe.

The B.C. government is currently conducting a review of this system and is giving citizens an opportunity to weigh in until Friday Jan. 19.

Before getting super geeky about the review, let’s look at a few quagmires caused by outsourcing environmental protection to people paid by industry.

‘This is what is often called leaving the fox to watch the hen house. But, if you’re the B.C. government, you come up with one of the greatest euphemisms of our age for it: ‘professional reliance.’ ” https://t.co/4XyajCyqTk pic.twitter.com/pskySaOpEW

— DeSmog Canada (@DeSmogCanada) January 19, 2018

Shawnigan Lake waste dump fiasco

Take the case of Shawnigan Lake. The permit for a contaminated waste dump in that community was revoked after a a judicial review found extensive misrepresentation during the approval process.

It turned out that Active Earth Engineering, the firm hired by the proponents, Cobble Hill Holdings, had also signed a secret agreement giving them a share of profits from the facility.

The judge found that the permit was approved after relying on a technical report that “was prepared by engineers who were not independent and who stood to profit from the continued operation of the facility.”

“An important element in assessing any technical or scientific opinion is knowing whether the professional producing the opinion has any reason to be biased. The existence of a financial benefit to the Qualified Professional from a particular outcome is a clear example of a reasonable apprehension of bias in the person preparing the opinion,” wrote Justice Robert Sewell.

Mount Polley mine disaster

Moving right along to another fiasco. In her report on the causes of the Mount Polley mine disaster, the auditor general flagged “professional reliance” as a key issue.

The ministries’ “compliance and enforcement activities of the mining sector are inadequate to protect the province from significant environmental risks,” the report read.

The Ministry of Energy and Mines “allowed inconsistencies within the intended dam design to persist” and relied too heavily on “qualified professionals.”

Put simply: the ministry didn’t even carry out its own inspection to ensure the tailings dam was built in accordance with the approved design. Hint: it wasn’t.

Instead, British Columbians’ safety was outsourced to someone hired by the mining company itself. And, well, we’ve all seen how that one turned out.

As Wildsight explains:

Suppose you’re opening a mine. Before professional reliance, you’d be subject to rules and regulations, enforced by professionals in government and designed to keep our environment safe from the potentially disastrous impacts of your mine. But now, you’d hire a bevy of consultants who’d prepare reports on how you’d keep the environment safe, aiming for the vague objectives outlined in our laws.

These consultants, though they are regulated through professional bodies, work for you. If you suggest measures that are a little cheaper, but might have a higher environmental risk, your consultants have to make a decision about how much risk is acceptable. These decisions are tricky. These are often grey areas.

But there’s always a bias because you’re paying these professionals. They know that if you aren’t happy with their decision, you can always hire someone else. Word gets around about which firms make life easier for a mining company. There’s a bit of a race to the bottom. And the finish line in that race? Maybe things are a little bit worse — or maybe you end up with the Mount Polley disaster.

What’s the alternative?

A 2015 review of professional reliance by the University of Victoria’s Environmental Law Centre found that “professional reliance” was undermining the public interest.

The report concluded “that much of B.C.’s deregulation goes too far in handing over what are essentially matters of public interest to those employed by industry. Proponents should not be decision makers for matters involving the weighing and balancing of multiple, often competing, environmental and societal values.”

The solution is to actually staff the public service with professionals whose only job is to protect the public interest.

According to Wildsight, government capacity in this area has been cut by about 25 per cent since the early 2000s.

What can you do?

Until Friday January 19th, you can fill out the government’s survey on professional reliance (be warned: this might qualify as the least enticing-looking survey of all time).

If you’d like to some more detailed information before submitting, check out what the smart folks at West Coast Environmental Law or Wildsight have to say.

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B.C. Environment Minister Mary Polak announced today she is revoking a permit granted to Cobble Hill Holdings for the disposal of 5 million tonnes of contaminated waste in a local quarry in the Shawnigan Lake watershed, roughly 40 kilometres north of Victoria on Vancouver Island.

“Effective immediately, I am cancelling the waste discharge permit for Cobble Hill Holdings because the company has failed to meet the requirements outlined in my Jan. 27 letter,” the minister stated in a press release.

Polak said the company did not provide B.C. with proof of financial security in the form of a letter of credit by a determined deadline.

“Cobble Hill Holdings has been given multiple opportunities to respond to outstanding non-compliance and has repeatedly missed deadlines with respect to its permit requirements,” the minister stated.

The company was cited for non-compliance both this fall and last for failing to control water runoff from the waste site, a fact that heightened concerns of Shawnigan Lake residents who felt that the project would contaminate their drinking water.

Project Pushed Ahead Without Community Support

“We’re ecstatic about the permit being cancelled,” Shawnigan Lake resident and municipal official with the Cowichan Valley Regional District, Sonia Furstenau, told DeSmog Canada.

“I’ve never doubted for a second that we would win because this project was so outrageous.”

Fursteanu, who is now running for the region’s provincial Green Party seat in the upcoming election, says the fact that such an ill-fitting project could be forced on a community is what pushed her into politics.

“I’ve learned over the last two years how broken things really are at the provincial level.”

Furstenau said she can still remember an early public consultation meeting about the project where 299 out of 300 residents in attendance said they did not want hazardous waste in their community.

The permit granted the company the permission to dispose of industrial waste contaminated with furans, dioxins, chlorinated hydrocarbons, glycols, polycyclic aromatic hydrocarbons, benzene, toluene, xylene and other materials know to cause cancer, brain damage, and birth defects in humans.

“At that point the government should have said, ‘okay, this is not what the community wants.’”

Furstenau said the waste disposal project is emblematic of other major projects in B.C. where local community voices are left out of the decision-making process.

“We’re the canary in the coalmine. We’re what’s happening everywhere,” she said.

“It’s the story of the government that chose a business over the community, despite — and this is the part that drives me crazy — despite the overwhelming evidence that showed we were right.”

A report by independent experts found local drinking water aquifers had not been adequately mapped by the B.C. Ministry of Environment and that the movement of groundwater within rock formations surrounding the quarry was underestimated.

Torrance Coste, campaigner with the Wilderness Committee, said at both the provincial and federal level, environmental reviews of projects push community concerns aside.

“There is a purposeful exclusion of communities in environmental assessments and project assessments,” Coste told DeSmog Canada.

“The B.C. Environmental Assessment Office is a big culprit for this. The reviews really prioritize the needs of the proponents, of the company, over the needs of the community.”

Coste said there are obvious parallels with the Raven coal mine proposed for a small community on Vancouver Island.

“It was a no-brainer, stupid project with no community support but lots of support from the government. The company throughout that process was always given the benefit of the doubt.”

He said with the coal mine, as with the waste disposal site in Shawnigan Lake, community organizing and opposition eventually won out, but despite seemingly blind government support.

“You have two companies that are glaring incompetent, not following the rules, winning zero trust, zero social licence from the community and the government is sticking by them until the eleventh hour.”

“That’s not how government should operate.”

B.C. Cancels Controversial Hazardous Waste Disposal Permit in Shawnigan Lake Watershed https://t.co/iV6Kcx7vOu @SRA_INFO #bcpoli pic.twitter.com/mAeY38snwc

— DeSmog Canada (@DeSmogCanada) February 24, 2017

Pulled Permit Could Be Used for Political Benefit

Coste said it’s also worth noting the B.C. government’s decision comes close to the provincial election.

“This is something the community has been working around the clock on since 2012 and now a couple of months before an election we see a move that ‘s going to be popular in the community.”

“That should be noted.”

Shawnigan Lake resident Georgia Collins also said the timing of the decision is notable given the importance of the Shawnigan Lake riding in the next provincial election.

“The B.C. government is clearly acting in their best interest. It’s just common sense not to have contaminated soil above a source of drinking water.”

“It’s hard to swallow because all along minister Polak said she absolutely could not interfere politically. It’s hard to swallow but of course we’ll take the win,” Collins said.

She added, “I really hope in all of this that people are able to see that it is the product of a community effort. I do fear that it’s one of those things you could take and spin for your own political benefit.”

Coste said it’s ultimately the government that holds the keys to major projects, meaning they always have the capacity to pull permits.

“That goes for Site C, for Kinder Morgan, old-growth logging and all sorts of activities that are occurring without social licence.”

The government has been preoccupied with delivering on it’s “getting to yes” tagline, but “it should be about doing what’s right for communities,” he said.

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The steady stream of trucks filled with contaminated waste that have been making their way to the small community of Shawnigan Lake on Vancouver Island for the last 10 months will come to a stop today after the B.C. Supreme Court ruled the province erred in granting a waste disposal permit for 460 Stebbings Road.   The B.C. Supreme Court ruled “a contaminated soil treatment facility is not a permitted use on the property” after finding the provincial Ministry of Environment granted a waste discharge permit to South Island Aggregates in August 2013 that violated local bylaws.   The court ordered an immediate injunction preventing South Island Aggregates from dumping more contaminated material.   “I’m just ecstatic,” Sonia Furstenau, elected representative of Shawnigan Lake with the Cowichan Valley Regional District (CVRD), told DeSmog Canada about the ruling.   “I’m overjoyed.”   In 2015 the CVRD filed a lawsuit against the permit, which granted the company permission to dump 5 million tonnes of contaminated soil in a local gravel quarry.

According to the permit, the waste could contain furans, dioxins, chlorinated hydrocarbons, glycols, polycyclic aromatic hydrocarbons, benzene, toluene, xylene and other materials known to cause cancer, brain damage and birth defects in humans.

The quarry is located approximately five kilometres uphill from Shawnigan Lake, a source of drinking water for 7,500 year-round residents. The population swells to 12,000 in the summer months. 

Residents of Shawnigan Lake aggressively opposed the project since it was first proposed in 2012, citing concerns over the potential contamination of drinking water.   “From the very beginning nobody thought the provincial government would approve this. It just seemed too crazy,” Fursteanau, a resident of Shawnigan Lake and organizer with the Save Shawnigan Water campaign, said.   She added today’s decision comes just over one year after the community lost its case with the B.C. Environmental Appeal Board (EAB).   “It’s ironic,” Furstenau mused, “I studied medieval history and it’s a year and a day today since the EAB decision and that was the period of punishment in the middle ages — you’d be exiled for a year and a day.”   “So our exile in Shawnigan is over.”

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The community of Shawnigan Lake is awaiting an additional decision from the B.C. Court of Appeal that seeks to overturn the Environmental Appeal Board ruling. In that case the CVRD and the Shawnigan Residents Association are arguing the permit approval process was corrupted due to a leaked profit sharing agreement between the company and the engineering firm hired to provide geotechnical analysis of the project.   “I’m hoping for another successful outcome,” Furstenau said.   “We are on the side of light and justice, on the side of truth and on the side of protecting drinking water, which all governments should protect.”

In an e-mailed statement the B.C. Ministry of Environment said "staff will need to review the decision to fully understand its impacts before we can provide further comment."*   Shawnigan Lake resident Georgia Collins said the Supreme Court’s decision has her “over the moon.”   “It’s literally the best day of my life,” she said over the phone. “I don’t know what to do with my self. I just went outside and screamed in the happiest way possible.”   Collins said the ruling is important because it upholds local bylaws and zoning restrictions over and above permits granted by provincial ministries.   “I have very little faith in the provincial government now,” Collins said. “There was such a failure of process”   Collins added she would still like to see the Ministry of Environment’s permit overturned by the B.C Court of Appeal.   “I think it needs to be shown that the process was faulty, that there was fraud and that the community was right in what it was fighting for.”   She added: “I know all kinds of appeals can be made, but right now I’m going to celebrate this.”   Andrew Weaver, leader of the B.C. Green Party and MLA for Oak Bay-Gordon Head, congratulated the community, saying the court decision “is a vindication of their concerns.”   "I want to recognize the hard work of Shawnigan Lake residents in coming together as a community and standing up for their rights in the face of government inaction.”

"I look forward to reviewing the ruling and working with local politicians and residents to ensure that we continue to move this issue forward in a way that protects the rights of the Shawnigan Lake community," Weaver said in a statement.   The B.C. Supreme Court did not order the company to remove contaminated soil already deposited at the site but indicated such matters will be handled by the Ministry of Environment and the Environmental Appeal Board.

*Updated to include comment from the Ministry of Environment.

Image: Protesters block trucks loaded with contaminated soil. Photo by Laura Colpitts.

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Earlier this month, we wrote about the escalating conflict over a contaminated waste disposal site in Shawnigan Lake, on Vancouver Island. Now we’ve released a short video on the controversy. In less than a week, it’s been viewed more than 170,000 times. Check it out and let us know what you think! 

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Residents of Vancouver Island’s Shawnigan Lake are currently in B.C.’s Supreme Court fighting a waste discharge permit that will allow five million tonnes of contaminated soil to be dumped in their watershed over the next 50 years.

The ongoing case marks the third legal challenge the community has brought against the B.C. Ministry of Environment for granting the hazardous waste disposal permit to company South Island Aggregates.

The feeling of betrayal in the community is palpable, where frustrations with B.C.’s permit granting process and seeming close connection with industry are running at an all time high.

Sonia Furstenau, Cowichan Valley Regional District elected official for Shawnigan Lake, said people in the community have voiced their opposition to the project since day one.

Shawnigan Lake residents fought to prevent the original permit from being granted in 2013 and, when it was granted, challenged it through the Environmental Appeal Board (EAB). The community is now in the B.C. Supreme Court where a judicial review of the EAB’s ruling, which was favourable to the project proponent, is currently underway.

The Cowichan Valley Regional District is also fighting a separate legal battle, arguing the region’s zoning rules don’t allow for the dumping of hazardous waste.

Furstenau said she hopes the judicial review will out the community on a new trajectory.

“So we have a judge looking at all that evidence which was weighed so heavily against this site going forward,” she said. “I hope the judge is going to give us the ruling this community deserves to have.”

She said a win like that could really “help us keep the momentum moving forward.”

“There’s no relenting until the permit is revoked and the soil that’s been dumped already is removed. That cannot sit in our watershed. We are not going to let it stay.”

“I’m an advocate for justice and I always have been,” Furstenau said, “but it’s always been global issues, or climate change, or hunger or poverty — things that are a little bit removed.”

“To have it be so personal is very different and yet I’m motivated by the same things: justice, fairness and what’s right, what’s wrong.”

Right to Healthy Environment Proactive, Provides Access to Justice

Alaya Boisvert, lead for the David Suzuki Foundation’s Blue Dot movement, said if communities like Shawnigan Lake had a more definite right to clean water, it could change the way they engage with government permitting processes.

“We believe all Canadians have the right to a healthy environment which means — in addition to having the right to breathe fresh air, eat safe food, enjoy a stable climate — they fundamentally have the right to clean water,” Boisvert said. “It’s of critical importance that we have laws to substantiate those rights.”

Boisvert said currently Canada has a disconnected patchwork of environmental laws and regulations, “which do not recognize, fulfill and protect Canadians’ right to a healthy environment.”

“That’s a problem at all levels of government,” she added.

The David Suzuki Foundation, along with legal partner Ecojustice, is currently campaigning for a legislative change that would embed the right to a healthy environment within the Canadian Charter of Rights and Freedoms.

Boisvert said giving Canadians substantive environmental rights could change the way decisions are made about things like hazardous waste disposal.

“This would mean Canadians have access to adequate and safe waste management, which is an issue that is front and centre in the Shawnigan Lake situation.”

“It will also give Canadians procedural rights that include the right to know if there is pollution or contaminants being released in your environment.”

If that were the case, a fundamental right to a healthy environment would mean you would have the right to participate in environmental decision-making about those contaminants, Boisvert said.

“This is also relevant to the Shawnigan Lake situation where citizens have had long-standing concerns about the environmental impact assessment, about the quality and stability of … the infrastructure that is handling the waste disposal.”

A fundamental right to clean water might also give communities more legal standing to challenge decisions after the fact. “It’s also about access to justice,” Boisvert said.

“If there are cases where the environmental rights of citizens are being violated, it’s critically important that citizens are able to seek legal recourse for that, have their rights protected, fulfilled and respected.”

The Cowichan Valley Regional District is one of the more than 100 municipalities in Canada that have passed resolutions recognizing a citizen’s right to a healthy environment.

Legal Challenges Costly

Celine Trojand, community organizer with democracy-advocacy organization Dogwood Initiative, said the right to a healthy environment could compliment the battle for community self-determination that is currently being waged across the province in places like Shawnigan Lake, near the Site C Dam, or in the Walbran Valley’s old-growth forests.

“I think at the municipal, provincial, or federal level it would give communities something to point to that could back up their advocacy work,” Trojand said.

She added, however, that legal protections may not be enough without “boots on the ground” activism that ensures those rules are actually enforced.

“The policy is good if there is political will or a constituency organizing around seeing that law or policy enacted and enforced, because otherwise there are loopholes and it will be back to business as usual.”

Trojand said the way B.C. handles resource and development decisions is somewhat “backwards.”

“A company comes in and their sense of accountability is not to people who live in that community,” she said. “When they have a proposal to put forward they advance it, get the support of government and, if they’re able to, go through the hoops to get the support of the community.”

“If the process were that the community needed to be part of the proposal creation first, then we wouldn’t run into this cycle of communities feeling like their interests aren’t being represented at the government level — or anywhere really.”

Trojand said legal challenges — like those currently ongoing against the Site C Dam, Northern Gateway pipeline, the Kinder Morgan Trans Mountain pipeline, and waste disposal in Shawnigan Lake — are expensive and time consuming.

“It’s a long road to walk,” she said.

“However if a legal approach is backed up by a political approach in terms of applying pressure on decision makers and building a grassroots constituency that can organize and mobilize in key moments on an issue — in combination those things are really effective.”

Trojand added whether you’re fighting legal battles in the courts or working on developing stronger policies, like the right to a healthy environment, community participation “hasn’t been made very easy.”

“It’s not often clear to the average voter or citizen how to engage with either of those institutions.”

She added: ”That’s really what’s exciting, I think, about all of these very local community concerns really starting to take centre stage in B.C. as people are seeing that if they become activated on those issues and activated in their local communities they can see the change.”

“Local people are catalyzing around an issue, trying to trigger both legal and political processes, to combat the industry-driven status quo,” she said.

Image:  Shaw Creek near Shawnigan Lake, located below South Island Aggregates sites 21 and 23.* Photo provided by the Shawnigan Residents Association.

* Caption updated January 15, 2016 10:25am.

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As 2015 drew to a close and families across the country planned for New Year festivities, Sonia Furstenau was busy trying to figure out how many officials, journalists and photographers she could get up in a helicopter on January 6 if she divided the day into 30-minute departure times.

Furstenau, an elected representative for the Cowichan Valley Regional District, is a resident of Shawnigan Lake where a protracted battle to keep contaminated waste out of a local watershed is gaining new momentum.

Along with other members of the Shawnigan community and the Save Shawnigan Water campaign, Furstenau arranged to get elected representatives and media up in the air above Shawnigan Lake and, a mere five kilometres uphill, above a nearby contaminated waste site.

If it was going to take a day’s worth of helicopter rides to generate media attention for her community’s plight, then, well, “get to the choppa.”

Four years ago, Furstenau agreed to fill a one-year teaching position at Dwight School Canada, a prestigious international boarding school located on a sprawling 23-acre campus on Shawnigan Lake. The alpine lake setting and small, friendly community won her family over immediately.

“We moved here by accident,” Furstenau said with a laugh, adding her family agreed to give the school one year before returning to Victoria. During that first year in Shawnigan, however, her blended family of seven began to put down permanent roots.

“We fell in love with the lake, with the community and the Cowichan Valley.”

But as Furstenau was eyeing Shawnigan as the perfect place to settle down and raise her children, the B.C. government and waste disposal company South Island Aggregates (SIA) had identified the area for something entirely different.

Shawnigan Lake. Photo: Jayce Hawkins/DeSmog Canada.

In 2012, SIA, owned by parent company Cobble Hill Holdings Ltd., applied for a permit to dump 100,000 tonnes of contaminated waste soil into a local quarry located in the headwaters of Shawnigan Lake, a local source of drinking water for the 7,500 permanent residents of Shawnigan Lake. During the summer months, that number balloons to 12,000.

The B.C. Ministry of Environment granted SIA a 50-year permit, allowing the company to dump a total of 5 million tonnes of industrial waste containing furans, dioxins, chlorinated hydrocarbons, glycols, polycyclic aromatic hydrocarbons, benzene, toluene, xylene and other materials know to cause cancer, brain damage, and birth defects in humans.

The landfill site is flanked by streams that flow downhill into the Shawnigan Lake watershed.

SIA maintains the site is cradled in a 75-foot layer of nearly impermeable bedrock. The company estimates it would take approximately 103,000 years for contaminants to reach local groundwater and migrate into Shawnigan Lake.

South Island Aggregates' landfill site. Photo: Jayce Hawkins/DeSmog Canada.

SIA based these estimates on the geotechnical work of Active Earth Engineering. In the summer of 2015 a document was anonymously provided to the Shawnigan Residents Association that showed SIA and Active Earth Engineering signed a profit sharing contract for the 50-year lifespan of the landfill. SIA maintains the agreement was never acted on and eventually abandoned.

Yet the community is arguing the project review process was corrupted and that the B.C. Ministry of Environment, as well as the Environmental Appeal Board through which the community sought to have the permit pulled, relied too heavily on the expertise of Active Earth — a company they say had a clear conflict of interest.

A judicial review in the B.C. Supreme Court began on Monday, January 11 in Victoria. The review is expected to take two weeks to complete.

“It doesn’t take long to understand why this community is up in arms and so determined to fight what is going on here,” Furstenau said.

“Putting a contaminated landfill on a mountain at the headwaters of your drinking watershed above the lake that is the heart of your community is insanity. We do not accept this and we never will.”

Up on the mountain during the January 6 protest Furstenau’s sentiment seemed widespread.

On that cold morning nearly 500 residents gathered outside the gates of SIA’s private facility to prevent the latest shipment of contaminated soil from reaching the landfill site. Protesters held signs that read “pull the permit” and “Save Shawnigan Water” and children built snowmen in front of a line of blockaded work trucks.

“I think almost anyone can tell you this doesn’t on the surface seem to be logical,” Steve Housser, Shawnigan resident and former CBC journalist, said outside the landfill site.

Protesters at the landfill site, January 6, 2015. Photo: Jayce Hawkins/DeSmog Canada.

“The government says the science says it’s okay,” Housser said. “Unfortunately that science was bought and paid for by SIA.”

Housser who ran as a BC Liberal candidate in the Cowichan Valley riding during the last provincial election said revelations about the profit-sharing agreement between SIA and Active Earth engineers “completely undercuts their independence, their professional integrity and almost makes a mockery of the word science.”

He added the community does not feel it had a legitimate role to play in the decision-making process.

A "Save Our Shawnigan Water" sign sits on the site of the contaminated soil landfill, January 6. Photo: Jayce Hawkins/DeSmog Canada.

“Any say we had was ignored,” Housser said, adding the community has sent in a 15,500 signature petition, demonstrated at the legislature and held multiple rallies. “I don’t know what the hesitation is to stop this thing.”

“If it can be done to us, if somebody thinks they can dump toxic, contaminated waste into a watershed in Shawnigan, who’s next?” he said.

Dwight Canada School student Dimitri Monti-Browning also attended the protest along with a handful of classmates.

“I feel that a lot of the Shawnigan Lake community and a lot of people in B.C. and on Vancouver Island really care about Shawnigan Lake and don’t want to ruin this beautiful place,” Monti-Browning said.

He added the night before the event he was with his grandmother, who owns a home on Shawnigan Lake Road. “I went over to her house last night and she was crying because we don’t want to lose our water and as I said before this beautiful place.”

“We want to save our water,” he said.

Dwight School Canada student Dimitri Monti-Browning, centre right, at the protest with classmates. Photo: Jayce Hawkins/DeSmog Canada.

Calvin Cook, president of the Shawnigan Resident’s Association, said the community has a lot of legitimate concerns about the risk of seismic events, like the December 29 4.7 magnitude earthquake that shook houses in Victoria, or what happens over time when the plastic liners used in the pits begin to break down.

“The quarry itself is 15 per cent dug. Still 85 per cent remains to be blasted,” Cook said. “We’ll have containment cells next to and adjacent to an active blasting site. That is unprecedented. That has never occurred before.”

“Shawnigan Lake and its citizens are being used as a test laboratory for this facility.”

On January 6 South Island Resource Management, the company managing the disposal site since June 2015, release a statement, saying, "We are fully compliant with the Ministry of Environment Waste Discharge Permit and with the Ministry of Mines Permit.There is no quantifiable risk from the site to human health in the Shawnigan Lake watershed and we continue to hope that reasonable debate will prevail.”

In November a breach of surface runoff from the site prompted the Vancouver Island Health Authority to issue a no-used water advisory to Shawnigan lake residents. 

Cook said despite what he sees as “unacceptable risks,” years of community opposition has fallen on deaf ears.

“Our minister [Mary Polak] and our Premier have steadfastly refused to act,” he said. “All we are asking them to do is put a stay in place to prevent further contaminants being brought to this site until a complete judicial review has been heard.”

During the ongoing judicial review, B.C. Supreme Court Justice Robert Sewell will hear evidence the permit holder lacks credibility and relied on faulty engineering advice. 

Cook said while that review was waiting to hit the courts in November, new contaminated industrial waste was being trucked in from Port Moody.

“When we win, the site will have to be remediated,” Cook said. “Those costs will be borne by every citizen in B.C. Why further increase those costs? Let the judicial review take place. Let all the facts be heard by a judge.”

From an ad hoc helicopter landing pad one the shore of Shawnigan Lake, Port Moody city council member, Zoe Royer said she is “very concerned” about industry from her riding shipping contaminated waste to this community.

“I’m not here representing the city of Port Moody,” Royer said. “I’m here because I’m deeply concerned about the situation in Shawnigan Lake, about the contamination that is happening in this community.”

“My heart goes out to the people in this community. This was a pristine watershed and many, many people depend on it for their drinking water and their livelihood.”

“We have to stand together and help to stop this,” Royer said before boarding the helicopter for an aerial view alongside two other Port Moody city councilors.

Georgia Collins. Photo: Jayce Hawkins/DeSmog Canada.

Shawnigan resident Georgia Collins, who lives on the lake beside the makeshift helicopter pad, said when the company first came to the community they said the landfill site would benefit everyone.

“They said it was something that would be very helpful to the community, that it would be cleaning up contaminated sites that are in the watershed already,” Collins said. “But it turns out that it’s a permit to dump 5 million tonnes of contaminated soil over 50 years and that soil can come from anywhere.”

Collins’ young son played around her legs as we spoke. “We do have elected representatives and we expect them to protect our water,” she said. “We expect them to protect our livelihoods. What we’ve seen is them constantly ignoring our community.”

She added that since 2012 the company and the provincial government tried to manage the community to limit public backlash.

“But we’re not going away.”

“It’s hard to see this going on, that this is possible in any community,” she said. “There is the beautiful silver lining that this has galvanized the people and I love the people here. They’re my community and I want to protect them.”

Collins said Environment Minister Mary Polak has the authority to place a hold on the permit at any time.

“We’re a community in unrest and we deserve to have this put on hold. We deserve to have trucks stopped while we wait for judges to make the right decision.“

Images by Jayce Hawkins for DeSmog Canada.

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