in this case, ground x combined non-waste soil with water, thereby creating a new substance containing liquid fractions that meet the definition of effluent and samples from the hydrovac pond exceeded contamination and freshwater aquatic life standards, the ministry said in its decision.
“these exceedances demonstrate that the material is capable of injuring life forms or damaging the environment,” the ministry said.
the ministry notes that the pitt river is a major tributary of the fraser river, and both are home to a rich diversity of wildlife and fish species, including culturally important pacific salmon species, which have undergone substantial decline over the past 125 years.
samples collected from the pond included high levels of benzo(a)pyrene and pyrene, which can cause harm to aquatic plants, algae, invertebrates and fish, the ministry said.
in considering the fines, the ministry said ground x has derived economic benefit by avoiding properly designing the hydrovac pond, including a pond liner that would prevent effluent from discharging to the ground.
ground x has been in operation since 2010 and has been registered in b.c. since 2016.
it also received
a pollution abatement order in february 2024 after it was found to be contaminating the river in 2023. at that time, officials found contaminants exceeding guidelines included aluminum, arsenic, beryllium, cadmium, chromium, cobalt, copper, iron, lead, zinc, mercury, nickel, silver, vanadium, zinc, anthracene, benz(a)anthracene, benzo(a)pyrene, fluoranthene, phenanthrene, pyrene, and chloroform.