Resolution Submitted to UBCM 2013

B37 CONTAMINATED SOIL FACILITY – THREAT TO DRINKING WATER WATERSHED Cowichan Valley RD

WHEREAS the Province of British Columbia appears on the verge of approving a contaminated soils facility that would permit the dumping of five million tons of highly contaminated material near the headwaters of the Shawnigan Lake drinking water watershed;

AND WHEREAS the citizens and Board of the Cowichan Valley Regional District have expressed their strong opposition to the proposed facility and the dumping of contaminated material in drinking water watersheds;

AND WHEREAS there are significant conflicting hydrogeological and technical opinions about the risk the facility would pose to the environment and people’s drinking water:

THEREFORE BE IT RESOLVED that the Association of Vancouver Island and Coastal Communities support the residents of Shawnigan Lake, the Cowichan communities and the Cowichan Valley Regional District in calling on the Province of British Columbia to invoke the precautionary principle and deny the Waste Discharge Permit Application for property at 460 Stebbings Road in Shawnigan Lake;

AND BE IT FURTHER RESOLVED that the Province of British Columbia be requested to amend contaminated site regulations to provide for thorough and appropriate consideration of local government input and land use regulations in the contaminated soils permitting process.

ENDORSED BY THE ASSOCIATION OF VANCOUVER ISLAND & COASTAL COMMUNITIES UBCM RESOLUTIONS COMMITTEE

RECOMMENDATION: Endorse with Proposed Amendment

THEREFORE BE IT RESOLVED that the Province of British Columbia be requested to amend contaminated site regulations to provide for thorough and appropriate consideration of local government input and land use regulations in the contaminated soils permitting process.

UBCM RESOLUTIONS COMMITTEE COMMENTS:

The Resolutions Committee notes that the UBCM membership endorsed resolution B120 in 2012 which asked the Province to “enact legislation and develop appropriate enforcement tools to ensure that relocated contaminated soils pose no risk to aquifers or water courses and that local governments be provided a formal opportunity to comment on applications to relocate contaminated soils to and within their jurisdiction.”

The Committee has proposed an amendment to remove the first enactment clause, as it speaks to the specific area in question and asks the Area Association to take specific action, while the second enactment asks the Province to take action that is in keeping with the broader interests of the membership.

The Committee also notes that the UBCM membership has endorsed several resolutions seeking the protection of groundwater in the past (1989-B25; 1991-B15; 1998-B72; 2000-B22; 2001-B28; 2004-B76)