WHEREAS the deposition of relocated contaminated soils poses a risk to drinking water and habitat when deposited above aquifers or adjacent water courses; AND WHEREAS local governments do not have the legislative authority to regulate where contaminated soils may be deposited: THEREFORE BE IT RESOLVED that the Province of British Columbia 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.
Ministry of Environment Soil relocation agreements were instituted to provide province-wide consistency on the movement and deposit of soil originating from contaminated sites and to support the sustainable reuse of soils at suitable deposit location, instead of these soils taking up valuable landfill capacity. The standards used to assess these soil relocation agreements are conservative and are intended to prevent contamination at deposit sites. They take into consideration the protection of groundwater and surface water resources. The Ministry of Environment is currently reviewing the existing provisions to ensure they continue to be protective and appropriate and we will be consulting further as we progress. The Ministry requires soil relocation to meet provincial remediation standards at the receiving site location. The existing regulatory framework governing soil relocation under the Environmental Management Act EMA and Contaminated Sites Regulation CSR is designed and implemented to ensure protection of both human and environmental health, including protection of drinking water and ecosystems. Local governments are the primary authority regulating land use in British Columbia. When specific reference is made to contaminated soils, local government and the Province have concurrent authority. Soil that is legally authorized for relocation under EMACSR, and does not require risk management at the receiving site, would not be considered contaminated. The Ministry of Environment intends to continue its present dialogue with local governments, such as the Cowichan Valley Regional District, regarding opportunities for improvement of the provincial soil relocation authorization process, including consideration of options related to consultation and notification.