Shawnigan Lake contaminated soil dump to resume operations

Trucks full of contaminated dirt will once again be heading to a landfill in Shawnigan Lake following the latest development in a long legal battle over the soil remediation site.

The operator has won a partial stay of a rulingthat shut the Vancouver Island facility down last month.

TheB.C. Supreme Court ruling on March 21found thecontroversial soil dump wasnot a permitted use for the property.

• Shawnigan Lake contaminated soil dump not allowed, rules B.C. Supreme Court

It said South Island Resource Managementwasusing the property as a landfill,which is not allowed under the regional district's zoning bylaws.

The ruling halted shipments of contaminated soil and was hailed as a victory by opponents.

But South Island Resource Management then appealed andaskedfor astay of the rulinguntil that appeal is heard.

Partial stay granted

A decision released Friday granted a partial stay thatallows South Island Resource Management to resume operations so it can complete existing contracts to accept contaminated dirt.

The ruling said the permission to resume partial operations"protects against the spectre of an orphan site and illegal dumping of contaminated soils" because thecompany would otherwise beatrisk of bankruptcy or foreclosure.

But for opponents of the facility who are concerned it will contaminate their drinking water, the resumption of operationsis a setback.

"To put the stay in place and allow these contracts to be filledis essentially allowing what has been ruled an illegal activity," said Sonia Furstenau,area director for theCowichanValley.

"The amount of soil in those contracts is over 100,000 tonnes."

South Island Resource Management has not said whenshipments of contaminated dirt will resume at the site.

Anappeal on thematter will be heard in August.

The Shawnigan Residents Association is also challenging the dump'sprovincial permit in a separate case that is still before the courts.