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Snuneymuxw First Nation is calling for a temporary closure and environmental investigation of a hazardous waste services company following a January oil spill on Duke Point near Nanaimo, B.C.
City of Nanaimo staff were informed of oily residue near a storm drain close to the Duke Point Ferry Terminal on Jan. 5.
Staff said the spill originated from a business in the nearby industrial park, and a B.C. Ministry of Environment spokesperson said there was an estimated 350 to 1,600 litres of oil sheen on the water between Duke Point and Mudge Island.
Bill Yoachim, an elected councillor for Snuneymuxw First Nation, said the amount of oil spilled into the area was 1,800 litres.
The First Nation, along with a Feb. 19 statement from the Ministry of Environment, said the industrial park business Environmental 360 Solutions was responsible for the spill.
Yoachim said Environmental 360 Solutions did not immediately notify the First Nation of the spill, and denied any involvement.
“Pretty much basically saying, ‘We don’t know what you’re talking about.’ So it’s quite confusing and perplexed when they had come out and admitted it to government,” said Yoachim.
“It saddens me in how a business would think it’s not very important to notify and work with the nation.”
In a Feb. 19 statement to CBC News, a spokesperson for Environmental 360 Solutions said the company has provided third party validation the spill “did not originate from E360S site,” and the company is working with the Ministry of Environment.
Oil sheen following January oil spill. (Submitted by Jackie Wasyluk)
Snuneymuxw Chief Michael Wyse sent a letter Feb. 6 to municipal, provincial and federal leaders addressing the oil spill.
Wyse said the First Nation incurred $12,000 in costs for its response to the spill, and was directed by the Department of Fisheries and Oceans to close its commercial and ceremonial shellfish harvesting affected area, which cost its fisheries $30,000 a week.
The closure was issued Jan. 8, and lifted Feb. 13.
Sawmill effluent
A second letter from Wyse Feb. 6 urged governments to take action to address polluting activities in their territory.
Wyse called effluent from a sawmill at the Duke Point industrial area “yet another example of systemic failure by government and industrial operators to prevent, identify and address long-standing environmental harm in our territory.”
He said the nation “has been misinformed” by the Western Forest Products sawmill on the “scale and severity” of effluent and now understands there to be a “high likelihood of severe ecological damage.”
Western Forest Products said in a statement the company has implemented multiple measures to manage “wood and wood particle water discharge.”
“For the past four years, we have also been progressing through the standard regulatory approval process to install stormwater infrastructure upgrades,” said the statement.
“These environmental upgrades have been made at other Western facilities on much shorter timeframes, but permitting has been delayed at Duke Point.”
Western Forest Products said the province is obligated to consult with First Nations as part of the process, which “could be expedited with support from Snuneymuxw.”
B.C.’s Environment Ministry said in a statement Western Forest Products submitted an initial application to treat and discharge stormwater effluent in 2021.
“Since then, the company has undertaken studies to characterize the effluent and determine the best course of treatment. Both the company and the ministry engaged with the Snuneymuxw First Nation throughout the process,” said the statement.
‘Isn’t a theoretical harm’
Yoachim said pollution from the industrial park is in direct opposition to Snuneymuxw’s treaty rights, and “undermines basic respect for your neighbours.”
“This isn’t a theoretical harm. This affects livelihoods, food security, cultural practices, and constitutional rights,” said Yoachim.
Yoachim said Snuneymuxw First Nation’s fisheries are protected under the Snuneymuxw Sarlequun Treaty of 1854 and its Aboriginal title to lands and waters surrounding Duke Point.
“This is definitely not a way of protecting fisheries,” said Yoachim.
Yoachim said Snuneymuxw First Nation had not yet received a response to its letters by any levels of government.
The Ministry of Environment said in a statement the province is committed to an enforcement regime that holds polluters accountable and ensures the waters remain a resource everyone can rely on.
The federal Department of Fisheries and Oceans said it was not directly involved in the investigation of the oil spill, as spill response and enforcement fall under the responsibility of the Province of British Columbia.