Toxic unauthorized landfill on Cowichan reserve raises health concerns

The Cowichan Tribes, which is currently seeking to claim a large part of the City of Richmond, is already dealing with a huge, illegal toxic dump on its own reserve.

Source: Wikimedia Commons

The Cowichan Tribes, which is currently seeking to claim a large part of the City of Richmond, is already dealing with a huge, illegal toxic dump on its own reserve that environmental reports warn is a serious threat to both public health and the vital Cowichan River.

The estimated 290,000 cubic metres of waste sits on three lots on the Cowichan Tribes reserve near Duncan, B.C., forming an “unauthorized landfill.” A technical report ordered by the provincial government confirmed the waste pile contains asbestos and that pollutants are leaching into the groundwater and migrating downstream.

The City of Duncan confirmed Thursday that its drinking water wells are downstream from the dump and expressed concern about the situation.

In a media statement released earlier this week, the Cowichan Tribes blamed the federal government for the toxic waste dump, stating they believe the federal government “possesses the tools to combat the pollution of reserve lands” which are “primarily under federal jurisdiction.”

The Cowichan Tribes further claims its authority is limited because the parcels fall under federal jurisdiction and the provisions of the Indian Act.

“The authority for enforcement and remediation of these parcels of land where the dumping has occurred has always been under Canada and the Indian Act,” the nation said in its statement.

“There have been significant limitations to the actions Cowichan Tribes has been able to take without the support and enforcement of senior levels of government.”

The federal government says it has handed down at least two cease and desist letters to the presumed offenders but has so far been unsuccessful in cleaning up the mess.

The province has also attempted to intervene. The Environment Ministry has ordered James Anthony Peter, who lives on one of the lots and controls access to all three, to halt dumping and submit a remediation plan by November 17.

The order requires him to hire a qualified professional and propose either full removal of the waste or an engineered closure. Failure to comply could result in fines of up to $300,000 or six months in jail under B.C.’s Environmental Management Act.

The unauthorized landfill has received renewed attention as the nation’s Richmond Aboriginal title claim draws broader scrutiny to Cowichan Tribes. However, the problem itself is not new: news reports about a large fire at the site first surfaced in 2013, and recent satellite images show the dump has expanded significantly in the past several months.