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Oil spill near Hope 91Ƶa regulatory failure,91Ƶ say area First Nations

91ƵWe are holding Key-West Asphalt accountable for cleaning up waste oil,91Ƶ MOE says after landslide
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The oil tank owned by Key-West Asphalt after it slid down a slope in Herrling Channel on the Fraser River near Hope. (Ram Environmental)

It91Ƶs been almost three months since a potentially disastrous oil spill resulted from a landslide that came down above the Fraser River in Herrling channel, near Hope.

First Nations leaders are going public with their concerns in an attempt to spur immediate action at the spill site.

The landslide caused by heavy rains was reported to CN on Dec. 6. The slide caused an oil tank owned by a paving company to tumble down the slope, spilling an estimated 2,000 litres of waste oil.

The oil tank owned by Key-West Asphalt had a 20,000-litre capacity.

First Nations leadership in the area want provincial and federal agencies to take decisive action before the oil reaches the river.

Overall the spill response to date has been 91Ƶslow and sloppy91Ƶ and the inaction is a 91Ƶclear demonstration of regulatory failure91Ƶ mostly at the provincial level, said Tribal Chief Tyrone McNeil, president of the Stó:lō Tribal Council.

The emergency remediation finally obtained authorizations and got underway in early February. But when it was discovered the required geotechnical reports were not filed, a stop-work order was imposed by WorkSafe BC, causing the cleanup effort to be put on hold.

Spokesperson Ricky Dhatt of Key-West Environmental was briefly reached by phone, and he said that the oil tank in question was almost empty at the time of the spill, and that the waste oil 91Ƶwas not going into the water.91Ƶ

But Indigenous leaders said the urgency arising right now is because spring freshet is on its way, and they want the work to resume. They also want the debris which included 91Ƶmicroplastics91Ƶ to be removed since it91Ƶs a threat to the best sturgeon habitat and spawning grounds on the entire Fraser River.

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Black plastic debris can be seen at the base of the spill site where a slide was reported on Dec. 6, with a dark substance on the surface of the water. (Indigenous Monitor)

They91Ƶve been on conference calls, and fired off letters, and have toured the site.

The waste oil is on the upstream side of the CN right-of-way, pooling in a ditch by a rail bed.

91ƵWe91Ƶre pretty confident that the oil has seeped into the ground, and is likely moving toward the river,91Ƶ McNeil said.

They want test wells dug in to confirm but they need CN approval to do so.

As the lead agency on the oil spill, the B.C. Ministry of the Environment was asked by The Chilliwack Progress when the remediation work will resume, or if the province would take over the remediation process due to the delays.

Ministry officials in an emailed response clarified that MOE91Ƶs role is to: 91Ƶfollow-up on incidents, ensuring the public and our communities are safe, and environmental remediation is completed.91Ƶ

91ƵBritish Columbians expect swift action to protect the environment when spills and landslides occur,91Ƶ according to emailed statement from MOE officials. 91ƵThis is why we are holding Key-West Asphalt accountable for cleaning up waste oil that fell during a landslide.91Ƶ

There is no threat to public safety from the spill, and in this case, Key-West Asphalt 91Ƶwas responsible for the incident,91Ƶ ministry officials confirmed, and that includes management, and environmental restoration of the area.

91ƵKey-West is working with their contracted geo-techs to remedy WorkSafe concerns and deficiencies. It is expected that on-site work will resume soon,91Ƶ the MOE statement said.

The exact date is not known.

91ƵEverything about the recovery has been slow and sloppy,91Ƶ said McNeil. 91ƵI am astounded that DFO is allowing pickups, gravel trucks and machinery to travel through prime sturgeon spawning habitat willy nilly.91Ƶ

McNeil said as soon as it was safe to start the work, he put in a request that DFO place straw bales or other mitigation methods on the ground to soak up the oil. He said 91Ƶswamp mats91Ƶ would help to create a path to minimize harm to the habitat before the equipment rolled in.

But that request not accommodated by DFO officials.

The lack of speedy remediation, and accountability by regulators prompted the Tiy91Ƶt Tribe to declare a state of emergency, with the Pilalt Tribe in support, and have asked the province to take over the site remediation, by invoking Section 87/88, of the Environmental Management Act, McNeil said.

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Equipment working on site remediation at the base of the oil spill site in Herrling Channel on Fraser River near Hope. (Indigenous Monitor photo)

There has been a total lack of cohesion in the response by the agencies.

91ƵI91Ƶm really frustrated about the inability for the Ministry of Mines, Ministry of Environment, Transport Canada or DFO to compel activities,91Ƶ McNeil said.

Seabird Island Chief James Harris said on the conference call that the oil spill site is directly across the river from his community near Agassiz.

91ƵWhen the spill happened it wasn91Ƶt even reported until CN came across it,91Ƶ Harris said.

And since then the spill response has been 91Ƶpushed aside,91Ƶ instead of being made a priority.

91ƵIt should have been a big concern,91Ƶ Chief Harris said.

Skwah First Nation councillor Eddie Gardner said the absence of an effective response all this time has raised 91Ƶserious accountability91Ƶ questions, especially with the spring freshet just around the corner.

It needs to be seen as an emergency given the valuable fish habitat that91Ƶs been put at risk.

91ƵIt91Ƶs been a state of emergency ever since this spill happened, because we91Ƶre all concerned about taking care of our relatives. We consider our salmon and sturgeon our relatives.91Ƶ

Seabird First Nation councillor Sally Hope said Fraser sturgeon should ultimately be recommended for listing under the federal Species At Risk Act, especially since there has been a 91Ƶself-imposed moratorium91Ƶ by the Stó:lō fishers who would have traditionally harvested sturgeon for traditional medicines.

The local leaders have been increasing the pressure on this file since January.

When the remediation finally got underway in early February, only to be shut down for lack of a geotechnical report, it raised their ire.

91ƵNow it91Ƶs time for action,91Ƶ Hope said. 91ƵWe want to see some action on their part, and we want it quick.91Ƶ

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Jennifer Feinberg

About the Author: Jennifer Feinberg

I have been a Chilliwack Progress reporter for 20+ years, covering city hall, Indigenous, business, and climate change stories.
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