Cassidy Aquifer

BY KERITH WADDINGTON

Area residents concerned with land use practices and an application for rezoning by a local auto-wrecking and scrap-metal recycling plant situated directly above the Cassidy Aquifer and adjacent to several farms are invited to voice their concerns at a public information meeting being held June 19 from 6 to 8 p.m. at Aggie Hall in Ladysmith.

Schnitzer Steel Canada Inc. has been operating in Cassidy for over ten years. Prior to that, Can-Am Recycling operated on the site. Under CVRD Electoral Area H Zoning Bylaw No. 1020, the lands on which Schnitzer Steel operates are zoned I-1 (Light Industrial); I-1 zoning does not permit vehicle and metal recycling. Schnitzer Steel has made a rezoning application to the Cowichan Valley Regional District (CVRD) that would establish a new I-4 (Industrial Recycling) zone, thus making vehicle and metal recycling lawful conforming uses under the zoning bylaw.

It is noted that industrial uses, including auto-wrecking, occurred on the lands prior to the introduction of the zoning bylaw in 1986. The Local Government Act permits land uses that were lawful when the bylaw was established to continue uninterrupted, so long as they retain the same scale and scope, even if the landuse regulations later remove the permitted use from the zoning bylaw.

Asked why the CVRD has not enforced bylaws at the Schnitzer site, Ann Kjerulf, General Manager of Land Use Services with the CVRD, says, “It is typical for local governments like the CVRD to have policies regarding the suspension of bylaw enforcement activities while there is an in-stream development application.”

All of this horri fies June Ross, chairperson of the Vancouver Island Water Watch Coalition (VIWWC). “Many who have been involved with this issue over the years believe the scale and scope of Schnitzer has increased ten-fold,” says Ross. “Schnitzer does not belong on top of our aquifer! The CVRD says this is a land-use issue, but they cannot separate the land from the water or vice versa.”

The Cassidy Aquifer is a very large underground network of fresh water that provides drinking water, agricultural water and water for homes and businesses in the Cedar, Yellow Point, Cassidy and North Oyster area south of Nanaimo. This aquifer has been designated as highly vulnerable to contamination because the soil upon which it sits is composed of sand and gravel, and there are areas where the soil upon the aquifer is in a thinner layer than others.

A civil suit was filed June 23, 2022, in the Supreme Court by Ladysmith residents with support from Vancouver Island Water Watch Coalition (VIWWC). The VIWWC, along with North Oyster Diamond Rate Payers Association (NODRA), supports this litigation as part of efforts to protect the Cassidy aquifer from harm by industrial land use.

This civil suit alleges that Schnitzer Steel’s recycling plant located south of the airport is committing ongoing flagrant violations of CVRD zoning bylaws, and that the CVRD has failed to enforce its bylaws that prohibit heavy industrial activities, including specifically metal recycling and the outside storage of materials since at least 2012. Schnitzer Steel’s

Pauline Hunt and June Ross are concerned about Cassidy Aquifer.

Photo: Kerith Waddington

auto-wrecking facility includes multi-story piles of used metal and huge stockpiles of tires visible throughout the area.

The plaintiffs in this litigation own property on agricultural reserve land adjacent to Schnitzer Steel. They allege that they have experienced losses as a result of nuisances, including pollution of groundwater, destruction of crops, loss of use of property and loss in property value caused by Schnitzer Steel. They also allege negligence on the part of the CVRD in not enforcing their bylaws.

The public information meeting being held June 19 is intended to provide Schnitzer Steel with an opportunity to present their rezoning application and for community members to become more familiar with the proposal and ask questions, prior to further consideration by the CVRD Board.

Tony Belot, Government and Public A ffairs Manager, Northwest Region for Schnitzer Steel Industries Inc., forwarded this statement.

“Schnitzer Steel is driven by our Core Values of Safety, Sustainability and Integrity, which serve as the foundation for all our operations. We look forward to the upcoming public meeting where we can collectively advance responsible and essential recycling services for the Cowichan Valley community”.

The application for rezoning of the Schnitzer site, which is located in the CVRD’s North Oyster/Diamond electoral area, was fi rst initiated in 2016 as a result of the CVRD receiving complaints about the site, including the fact that the operation is not permitted under the current zoning of the area, and that the operation has raised aesthetic concerns and may also have environmental impacts upon the Cassidy Aquifer.

Ross says a resident who lives near the site recently dug a well and found it was full of contaminants.

Pauline Hunt, president of NODRA, says Schnitzer Steel should relocate to an area that isn’t situated upon an environmentally sensitive aquifer. “This is about protecting our drinking water now and for future generations!” she adds.

Ross is of the understanding that Schnitzer Steel recently added hard surfacing to one area of their site. “I think whatever they have done is of no value in terms of protecting the aquifer,” she says.

Ross sums up her feelings on the issue. “Water is the key to life. When are we going to wake up and start protecting it?”