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April 15, 2016BC Court of Appeal In Chambers Grants a Limited Stay to Permit South Island Resource Management to Complete Contracts for the Landfilling of Contaminated Soil in Shawnigan Lake
Duncan, BC – On April 15, 2016, Madam Justice Kirkpatrick of the BC Court of Appeal granted a limited stay of certain orders of Mr. Justice Mackenzie regarding the contaminated soil treatment and landfill facility at 640 Stebbings Road, Shawnigan Lake. This will allow the operator to continue landfilling contaminated soil on the site.
“The Shawnigan community is disappointed with the judge's decision to allow more soil to be imported to this site while there is so much uncertainty,” says Cowichan Valley Regional District (CVRD) Director Sonia Furstenau.
In today’s ruling, the judge allowed South Island Resource Management Ltd (SIRM) to complete the contracts for the receipt of contaminated soil required to be permanently encapsulated in engineering cells on the property to which SIRM was already committed as of March 21, 2016. This may result in an additional 106,165.50 tonnes of contaminated soil to be landfilled on the site (subject to the limit in the Ministry of Environment permit).
On March 21, 2016, the BC Supreme Court ruling declared a contaminated soil treatment facility and a landfill facility are not permitted uses on the property located at 640 Stebbings Road. The court ordered the owners and operators to cease importing waste material, including contaminated soil that is required to be permanently encapsulated in engineered cells on the property.
On March 24, 2016, Cobble Hill Holdings/South Island Aggregates and SIRM filed appeals with the BC Court of Appeal of the order of Mr. Justice Mackenzie along with an application to stay certain orders of the court to permit it to continue the use of the property as a landfill facility pending the hearing and determination of their appeals. The stay application was heard in Vancouver on April 6, 2016.
For two days during the week of August 15, 2016 the appeals by CHH/SIA will be heard by the BC Court of Appeal.