Facing lawsuit, Polak says she tried to ‘act in accordance’ with all rules
Shawnigan community still focused on site’s cleanup: Green MLA Furstenau
VICTORIA Former B.C. environment minister Mary Polak, who is being sued by the owner of a Shawnigan Lake quarry, says she has always tried not to break the rules.
“In my role as minister of environment, I endeavoured at all times to act in accordance with all relevant statutes and regulations,” she said in a statement. “As this matter is now before the courts, I will not be making any additional comments.”
Cobble Hill Holdings Ltd. has filed suit in B.C. Supreme Court against the province and Polak, who is the Liberal MLA for Langley. The company is seeking damages, special costs and any other relief the court “may deem fit to grant.”
An emailed statement from the Environment Ministry said it was aware the notice of civil claim had been filed. “Once we receive the application materials, they will be reviewed to determine an appropriate response.”
Green party MLA Sonia Furstenau, elected to represent the Cowichan Valley after leading a grassroots fight against the contaminated soil dump, said the suit against the province was unexpected.
“This is a surprising development,” she said in a statement.
“While the ministry stated that it cancelled these permits over a letter of credit, the community of Shawnigan has always maintained that our concern with this project was due to the potential that the facility could introduce contamination to our watershed.”
Furstenau said she will continue to work with the province to ensure the project is cleaned up.
In February, while environment minister, Polak cancelled the permit that allowed Cobble Hill Holdings to receive and store contaminated soil at its former rock quarry upstream of Shawnigan Lake.
Polak said the company failed to meet a government deadline for an irrevocable letter of credit that would serve as a financial security.
In its suit, Cobble Hill Holdings says the government had not specified any form or amount for that credit, and had not approved the plans that would have been the basis of the financial guarantee.
The company’s operating permit, issued in 2013, was suspended in January when the Environment Ministry asked for the financial security as well as a closure plan, including a cost estimate, and water-management review reports.
Cobble Hill Holdings said it submitted updated plans to the ministry for approval on Feb. 20. Three days later, its permit was cancelled. As a result, the suit says, the land is contaminated and Cobble Hill Holdings has suffered financial damages.