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Letter to Minister of the Environmentdownload a pdf of this document October 29, 2012 Ministry of Environment Attention: The Honourable Terry Lake, Minister Dear Minister: Re: Contaminated Soil in the Cowichan Valley The Cowichan Valley Regional District (CVRD) would like to thank you for taking the time to come to the Cowichan Valley to obtain a first-hand view of the situation we find ourselves in with soil that is being trucked from the Capital Region to various sites within our Region. We appreciate the effort that you and your staff are devoting to find a resolution to our concerns. In that regard, the Regional District is disappointed that the Ministry approved the recent CSRA to allow contaminated soil to be relocated from CFB Esquimalt to the Evans Redi-Mix property just south of Duncan. As you saw during our site tour, the proximity of that property to the Koksilah River and Kelvin Creek, cannot help but raise questions as to the suitability of that site for such purposes. The possibility of contaminating the water source for 30,000 residents in the Duncan/North Cowichan area, is simply too great a risk to take. As per Regional Board resolution 12-458, passed October 10, 2012, I have been directed to inform you that if the Ministry continues to permit movement of contaminated soils into community watersheds by way of approving CSRA's, such as the one noted above, you and your staff are putting the collaborative arrangement that we presently have in jeopardy. The CVRD is willing to work with the Ministry on alternative sites, but we remain adamantly opposed to the continued contamination of community watersheds. Thank you again for your interest and consideration of our request. Robert Hutchins TRA/jnl October 29, 2012 Ministry of Environment Land Remediation Environmental Management Attention: W. David Lockhart, Senior Contaminated Sites Officer Dear W. David Lockhart: Re: Contaminated Soil Relocation Agreement Further to the above Contaminated Soil Relocation Agreement being approved by the Ministry of "That a letter be forwarded to the Ministry of Environment in response to Contaminated Soil Relocation Application referral (Scansa Construction Ltd.), advising of CVRD Board Resolution #12-379 dated August 1, 2012, and noting appreciation for their collaborative approach but reiterating the Board's stance that it is strongly opposed to the deliberate permitting of the use of contaminated soil for land or mine reclamation or other purposes within the public domestic water supply watersheds of the region; and further, that a similar letter be forwarded to the Minister of Environment including a statement that if the Ministry continues to permit movement of contaminated soils into community watersheds in the Regional District they are putting their collaborative arrangement with the CVRD in jeopardy and that the CVRD is willing to work with them on alternative sites but are adamantly opposed to the continued contamination of community watersheds." Our position on this matter is consistent with our previous Resolution passed on August 1, 2012, which is attached for your information. Rob Hutchins Attachment pc: The Honourable Terry Lake, Minister of Environment Alan McCammon, Manager, Brownfields & Remediation Assurance, Ministry of Environment Eivin Hoy, Assistant Manager, Operations Canadian Forces Base Esquima!t Erin Magee, Quantum Murray LP CVRD Soil Relocation Sub Committee Members Download CVRD Board Minutes August 1, 2012
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Bruce Fraser 250.733.0771 (Office) 250.888.0160 (Cell)
CVRD Regional Director-Shawnigan Lake
Reference: 178038
Received Novwmber 13, 2012
download a pdf of this document
Rob Hutchins, Chair
and Council representatives
Cowichan Valley Regional District
175 Ingram Street
Duncan BC V9L 1N8
Dear Chair Hutchins and Council representatives:
I am writing to follow up on our meeting of September 25, 2012, at the Union of British Columbia Municipalities (UBCM) 2012 convention and your letters of September 25, October 2, and October 10, 2012, regarding the Regional District's ongoing interest and concerns about soil importation and deposit at locations within the jurisdiction, as well as the Ministry's associated consideration and processing of applications for waste discharge authorization and relocation of soil under the provincial Environmental Management Act.
I am pleased to hear that the meetings we have had this year, including at UBCM, and the work ministry staff have undertaken with the Cowichan Valley Regional District (CVRD) have been positively received and have succeeded in creating a collaborative approach on these important issues. The recent tour of soil deposit sites was very informative and has helped me become better acquainted with the issues at hand.
In the CVRD's letter dated September 25, 2012, the Regional District requests that the Ministry
"push the pause button" on approvals of contaminated soil deposition and facilities in the CVRD and makes reference to the relocation of 1450 truckloads of contaminated soils from CFB Esquimalt to the central Cowichan Valley. Let me begin by clarifying that the Ministry's recent co-signing of a soil relocation agreement was for the movement of industrial quality soil from Esquimalt to Duncan, soil that would be acceptable for deposit at a wide range of industrial-use properties across the province. The Ministry does not co-sign soil relocation agreements if the deposit of soil at a receiving site will cause that site to become contaminated above provincial standards.
With regard to the CVRD's request for a "pause'; on the administration of South Island Aggregates' application for a waste discharge authorization, the Ministry is obligated to accept, consult upon arid consider the application before making a decision to issue or not issue the requested authorization. By way of update on the status of the South Island Aggregates · application process, the Nanaimo regional office continues to review the application, including stakeholder submissions and technical reports, and it is unlikely that a decision on the application will be made before the end of the year.
I would like to take this opportunity to provide you with an update on the status of three of the commitments made during our May 8, 2012, meeting in Victoria.
1. Testing of sites to determine if imported soil is contaminated
As you may recall, the Ministry commenced enquiries over a year ago regarding a number of the sites of interest and, since May of this year, has continued to follow up in an effort to determine the availability of pre-existing information regarding fill soil origin and quality. We have received a range of responses to our enquiries but, in general, there remain questions to be answered. This work is now being supplemented by carrying out a site specific soil sampling and analysis program, commencing the week of October 22, 2012. Staff have already undertaken site reconnaissance visits and are finalizing the fieldwork plans.
2. Spot checks of trucks hauling soil via the Malahat highway for deposit in South
Shawnigan
Ministry staff are presently finalizing plans for this work and, after initially identifying limitations in our ability to pull over trucks for interview and inspection/sampling purposes, we have recently liaised with Commercial Vehicle Safety and Enforcement who have indicated their willingness to provide the necessary assistance for spot checks. This work will incorporate associated compliance verification work at soil source and receiving locations. The Ministry's Conservation Officer Service has been providing input and will also partner in the implementation of this commitment.
3. Monitoring of Shawnigan Creek
Since I committed to this follow up item in May 2012, ministry staff have researched available information regarding the quality of the receiving environment in the Shawnigan Creek watershed. We have learned of the work that the Shawnigan Watershed Roundtable is undertaking in collaboration with Fisheries and Oceans Canada and are developing a monitoring plan with environmental quality specialists in the Ministry's Nanaimo regional office.
Thank you again for working collaboratively with stafffrom the Ministry of Environment so that we may continue to better understand the CVRD's concerns regarding soil deposition and waste management facilities. A key aspect of our work together is for us to collectively better understand the current regulatory frameworks (both provincial and local) governing these activities so that we can seek opportunities and avenues for improvement.
Sincerely,
Terry Lake.
Minister of Environment
cc: Jim Standen, Assistant Deputy Minister, Environmental Protection Division, Ministry of
Environment
Randy Alexander, Regional Manager - Vancouver Island Region, Environmental
Protection Regional Operations Branch, Ministry of Environment
Alan McCammon, Manager, Brownfields and Remediation Assurance, Environmental
Management Branch, Ministry of Environment
Warren Jones, Chief Administrative Officer, Cowichan Valley Regional District