Eco Waste Solutions to demonstrate WTE technology under US Department of Defense ESTCP Program

The US Department of Defense’s Environmental Research Programs has announced that Eco Waste Solutions has been approved to move forward with its Deployable Waste-to-Energy Convertor for Expeditionary Bases (DWECX) with Thermal Energy to Electrical Power System (TEEPS); a project in collaboration with Ethosgen and their teammate Rockwell Collins. Ethosgen will provide project management and system engineering while Rockwell Collins will provide detailed design and hardware for the integrated TEEPS.

“We’ve known for a long time that one of the major environmental challenges facing the Department of Defense is dealing with solid waste on expeditionary bases,” says Jean Lucas, President of Eco Waste. “Military installations often use open burn pits, which pose significant risks to the health of military troops, local populace, and the environment. Our containerized waste systems can solve this problem, as they are easily deployable, operate in extreme climates, and don’t create airborne health hazards. The ESTCP project gives us an opportunity to take this further and demonstrate a practical approach to small-scale power generation from waste.”

Jean Lucus, President and CEO for Eco Waste Solutions

“This is a tremendous opportunity for the US military to position itself on the cutting edge of waste-to-energy technology,” says James Abrams, founder and President of EthosGen. “Successful small-scale waste-to-energy simply hasn’t been done like this before, and it could transform the way all expeditionary forces deal with waste.”

The ESTCP’s goal is to identify and demonstrate the most promising innovative and cost-effective technologies and methods that address the DoD’s high-priority environmental requirements. To ensure that demonstrated technologies have real impact, ESTCP collaborates with end-users and regulators throughout the process of development and execution. Demonstration results are subject to rigorous technical reviews to ensure that conclusions are well-supported by data.

The DOD has committed to addressing burn pit issues and meeting its operational energy objectives, but solutions need to meet requirements for mobility, simplicity and efficiency. Eco Waste’s partnership with EthosGen solves these challenges.

“Our containerized waste systems have been used on military bases around the world for more than 10 years,” notes Lucas, recognized for her work on small-scale waste-to-energy. “However, the challenge has been finding an appropriate energy recovery technology to integrate with them. Our Deployable Waste-to-Energy Converter for Expeditionary Bases (DWECX) with Thermal Energy to Electrical Power System (TEEPS) can do both – while still maintaining a footprint no larger than the 20-foot ISO container required by expeditionary forces.”

About Eco Waste Solutions

Eco Waste Solutions (EWS) is a world leader in delivering modular thermal waste conversion solutions for military, industry and communities.  EWS delivers proven, bankable, waste management and energy-from-waste technologies. With clients as varied as Canadian Department of National Defence, the Swedish Armed Forces, and mining companies with projects all over the world, EWS continues to set the standard for waste management technology in North America and worldwide.

About EthosGen

EthosGen has established itself as an emerging global leader in deploying modular utility-grade systems to meet onsite electrical power and heating/cooling needs.  EthosGen offers scalable, flexible, packaged mechanical systems that convert heat from otherwise wasted sources such as waste streams, industrial processes, or geothermal heat to produce valuable energy at double-digit efficiencies.  EthosGen contributes to our clean energy future through its packaged solutions that are within reach of nearly anyone, anywhere.

About Rockwell Collins

Rockwell Collins (NYSE: COL) is a leader in aviation and high-integrity solutions for commercial and military customers around the world. Every day we help pilots safely and reliably navigate to the far corners of the earth; keep warfighters aware and informed in battle; deliver millions of messages for airlines and airports; and help passengers stay connected and comfortable throughout their journey. As experts in flight deck avionics, cabin electronics, cabin interiors, information management, mission communications, and simulation and training, we offer a comprehensive portfolio of products and services that can transform our customers’ futures.

Proper Sampling of a Waste Pile

The TDJ Group, Inc. is a manufacturer of proprietary chemicals, which are used to stabilize heavy metal wastes for a wide range of industry, including soil remediation and industrial waste recycling recently prepared a YouTube® video demonstrating the proper method

Regardless of waste type, all of TDJ Chemistries have been performance tested & validated for long-term stability by the U.S. EPA, U.S. Federal Highway Administration and the US Department of Defense.

The video demonstrates the proper sampling method referencing ASTM Standard D75 – Standard Practice for Sampling Aggregates and U.S. EPA Manual SW-846 Compendium, Chapter Nine: Sampling Plans.

The video emphasizes that collecting a single grab sample from a waste pile is insufficient and is not representative.  It discusses sampling strategies and equipment.

Canada-based GFL Acquires Accuworx Inc.

GFL Environmental Inc. (“GFL”) recently announced the closing of the acquisition of the Canadian operations of Accuworx Inc. including Sure Horizon Environmental Inc., based in Brampton, Ontario.  Since its founding in 1989 by Jason Rosset, Accuworx has grown to be a leading provider of “cradle to cradle” environmental solutions for a broad base of liquid waste customers throughout Ontario.  Accuworx’s services include industrial cleaning, emergency response, soil and groundwater remediation and liquid waste management which will complement and extend the service offerings of GFL’s existing liquid waste business in Ontario.  Jason Rosset will remain with GFL working to further develop the customer base of our combined operations.

Patrick Dovigi, GFL’s Founder and CEO said: “Started by its founder, Jason Rosset, the key to Accuworx’s success has been its core entrepreneurial values: creating solutions that allow it to be a single source provider for all of its customers’ service needs.  This aligns with GFL’s core values and strategy. Accuworx and Sure Horizon also have a committed, passionate employee base that bring the same level of commitment to service excellence for our customers as GFL’s employees.  We are confident that this common commitment will make the integration of our service offerings seamless and allow us to continue to grow and serve our customers.  We are excited to have Jason Rosset and employees of Accuworx in Canada join the GFL team.”

Jason Rosset, Founder of Accuworx said: “Accuworx has traveled a long way as an independent, trail-blazing company, and I am confident that this strategic fit with GFL represents an ideal opportunity for Accuworx and our employees to accelerate to the next chapter of growth while maintaining the entrepreneurial culture in which we have thrived.”

GFL, headquartered in Toronto, ON, is a diversified environmental services company providing  solid waste, infrastructure & soil remediation, and liquid waste management services through its platform of facilities across Canada and in Southeastern Michigan.  GFL has a workforce of more than 5,000 employees.

Arsenic found to control uranium contamination

As reported by World Nuclear News, an international team led by the University of Sheffield has discovered that the toxic element arsenic prevents uranium from an abandoned mine in the UK migrating into rivers and groundwater.  The discovery could help in the remediation of former uranium mines and other radioactively contaminated areas around the world, the scientists believe.

The team of scientists – led by the Department of Materials Science and Engineering at the University of Sheffield – studied the uranium and arsenic in the topsoil at the abandoned South Terras uranium mine in Cornwall, England.

The researchers used some of the world’s brightest synchrotron X-ray microscopes – the Swiss Light Source and the USA’s National Synchrotron Light Source – to unearth what is believed to be the first example of arsenic controlling uranium migration in the environment.  These microscopes use intense X-ray beams to focus on a spot just one-millionth of a metre in diameter.

“We use synchrotron X-rays to identify and isolate the microscopic uranium particles within the soils and determine their chemical composition and mineral species,” said co-author of the study, Neil Hyatt.  “It’s like being able to find tiny uranium needles in a soil haystack with a very sensitive metal detector.”

Source: © Claire Corkhill
The abandoned South Terras mine in Cornwall where uranium was mined until 1930

According to the study – published on 14 December in Nature Materials Degradation – ore extraction processes and natural weathering of rock at the South Terras mine has led to the proliferation of other elements during degradation, particularly arsenic and beryllium, which were found in significant concentrations.  The arsenic and uranium were found to have formed the highly insoluble secondary mineral metazeunerite.

“Significantly, our data indicate that metazeunerite and metatorbernite were found to occur in solid solution, which has not been previously observed at other uranium-contaminated sites where uranyl-micas are present,” the study says.

Claire Corkhill, lead author of the study, said: “Locking up the uranium in this mineral structure means that it cannot migrate in the environment.”

The researchers concluded that this process at South Terras – which operated between 1873 and 1930, producing a total of 736 tonnes of uranium – is the result of a set of “rather unique” geological conditions.  “To identify this remediation mechanism at other sites, where arsenic and uranium are key co-contaminants, further detailed mineralogical assessments are required,” they said.  “These should be considered as an essential input to understand the ultimate environmental fate of degraded uranium ore.”

“The study has far-reaching implications, from the remediation of abandoned uranium mines across the world, to the environmental clean-up of nuclear accidents and historic nuclear weapons test sites,” according to the scientists.  “It also shows the importance of local geology on uranium behavior, which can be applied to develop efficient clean-up strategies.”

Ontario Environment Industry Day – December 12th 2017

Register now:

With a provincial election coming in June 2018, this year’s Environment Industry Day at Queen’s Park will feature a unique afternoon program and panel!

  • Join representatives from a range of environment and cleantech firms as we discuss what policies we need from Ontario’s major political parties in the coming election.  What does your firm need to grow?
  • What regulatory and legislative barriers are holding you back?
  • What do politicians of all stripes need to know about running and growing an Ontario environment and cleantech business?

We will hold a series of roundtable discussions, followed by our annual industry political panel that will feature:

  • Trish Nixon, Chief Impact Investing Officer, ‎CoPower Inc
  • Brandon Moffatt, cleantech entrepreneur and VP, Development & Operations, Stormfisher Environmental
  • Michele Grenier, Executive Director of the Ontario Water Works Association (OWWA)

Moderated by Sandra Odendahl, President & CEO, CMC Research Institutes

AGENDA for Tuesday, December 12, 2017:

1:30 PM                Registration and networking
2:00 – 2:45 PM     Roundtable discussions of industry issues
2:45 – 4:00 PM     Tables report back and panel responds
4:00 – 4:30 PM      Political and policy response
4:30 PM                 Networking and walk to Queen’s Park reception

LOCATION: Charbonnel Lounge of St. Michael’s College at the University of Toronto, 81 St Mary Street, Toronto, ON M5S 1J4

Please visit link

Register now to secure your seat as space is limited!

Consider becoming a sponsor of EID for as little as $750 – and all sponsorships include tickets to the event.  Please contact Sonia Zorzos at / 416-531-7884 and she can put you in touch with the sponsorship committee.

U.S. EPA reaches settlement with Hazardous Waste Facility over Environmental Violations

The U.S. Environmental Protection Agency (U.S. EPA), Region 10, recently reached a settlement with Emerald Services, Inc., a hazardous waste storage and treatment facility in Tacoma, Washington, over violations of the Resource Conservation and Recovery Act (RCRA) and violations of the facility’s RCRA permit. This enforcement action was coordinated with the Washington Department of Ecology. The facility is located within the boundaries of the Puyallup Tribe’s reservation.

Emerald Services manages large volumes of hazardous waste, solvents, and antifreeze and re-refines used oil at the Tacoma facility. Emerald was purchased by Safety-Kleen Systems, Inc. on July 8, 2016, and both Emerald and Safety-Kleen are owned by parent holding company, Clean Harbors, Inc. Ensuring that funds will be available if the company’s operations harm people or damage property is an essential element of the “cradle to grave” RCRA hazardous waste management program.

Emerald Services Inc. Facility, Washington State, U.S.A.

This settlement resolves several RCRA violations at the Tacoma-area facility. Specifically, the company failed to maintain adequate third-party liability insurance coverage of the facility for the past six years.  As part of the settlement, Emerald Services agreed to pay a $125,800 penalty and amended its current insurance policy to comply with its RCRA permit.

“Having adequate insurance coverage for your business, especially one that stores and handles hazardous waste, isn’t an option, it’s the law,” said Ed Kowalski, Director of EPA’s Region 10 Compliance and Enforcement Division in Seattle. “Liability insurance is a key requirement of the hazardous waste permitting system, ensuring that commercial hazardous waste handlers operate in a safe manner to protect people’s health and the environment.”

There is a history of spills and incidents at Emerald’s Tacoma facility. In 2013, a 1,900-gallon spill of a highly dangerous fuel oil/asphalt mixture injured a worker. Emerald’s pattern of spills and releases suggests the facility may have a higher probability of future accidents, underscoring the need to have liability coverage for possible bodily injury, property damage and environmental restoration.

Violating environmental laws puts public health and the environment at risk. EPA protects communities by ensuring compliance with federal environmental laws. By fairly enforcing environmental laws, we level the playing field by deterring violators and denying companies an unfair business advantage over facilities and businesses that follow the rules.

CHAR Technologies Ltd. LOI for Acquisition of The Altech Group and Private Placement to Support Advanced Biomass Fuel

CHAR Technologies Ltd. (“CHAR“) (TSX VENTURE:YES) recently announced that it has signed a non-binding letter of intent (“LOI“) to acquire the Altech Group (“Altech“), which is comprised of Altech Environmental Consulting Ltd. and Altech Technologies Systems Inc. Altech provides solutions to environmental engineering challenges.  Founded in 1986, Altech has 12 employees and a diverse and stable client base.  Under the terms of the LOI, CHAR would acquire all issued equity in Altech.  Altech shareholders would receive $950,000 in common shares of CHAR, with the number of common shares anticipated to be determined using the 30-day volume weighted average price of the CHAR common shares prior to November 17th, 2017, as well as $150,000 in cash.  In connection with closing, CHAR will institute an employee retention plan where current non-shareholder Altech employees will be issued an aggregate of $100,000 of common shares (the “Equity Grant“) at a price determined in accordance with the policies of the TSXV over a period of 13 months with any unvested grants to terminate should the relevant employee cease to be employed by Altech. Closing is anticipated to take place on or before December 31, 2017.

Bill White, Chairman of CHAR stated that, “The acquisition of the Altech Group would add over 30 years of experience in environmental technologies and professional engineering consulting” and that “Altech would provide CHAR with a growth catalyst to move much of our engineering design in-house, while at the same time would allow us to greatly expand our technology solutions offering for industrial clean air and clean water.”

CHAR brings the shareholders of Altech a succession plan and an opportunity to realize value at an optimal time. According to Alexander Keen, Founder and CEO of Altech, “CHAR would bring an exciting new technology and a corporate development team. Our joint efforts going forward would bring tremendous opportunities”.

It is anticipated that the new joint enterprise will have a tremendous advantage in commercialization of a new cleantech solid fuel branded “CleanFyre”. This new product is a GHG neutral coal replacement, generically referred to as biocoal. CleanFyre will allow large industrial customers the ability to greatly reduce their GHG emissions without significant capital expenditures. According to Andrew White, CEO of CHAR, “CleanFyre would leverage both Altech’s experience and expertise, and CHAR’s platform pyrolysis technology, the same technology used to create SulfaCHAR, to create a solution with strong market pull and significant growth opportunity.”

The completion of CHAR’s acquisition of Altech is subject to the satisfaction of various conditions, including the negotiation of a definitive agreement and the completion of the parties respective due diligence. Although CHAR anticipates that the transaction with Altech will be consummated, the LOI is non-binding and there is no certainty that the transaction will be consummated.

CHAR is also launching a non-brokered private placement of common shares that will raise capital to support the continued commercialization of SulfaCHAR as well as CleanFyre. The offering will consist of a minimum of $250,000 and a maximum of $1,000,000. Pricing will be $0.21 per common share or, $0.25 per share for investors who wish to acquire flow-through common shares pursuant to the offering. The private placement is anticipated to close on or about December 31st, 2017.

About CHAR

CHAR is in the business of producing a proprietary activated charcoal like material (“SulfaCHAR“), which can be used to removed hydrogen sulfide from various gas streams (focusing on methane-rich and odorous air). The SulfaCHAR, once used for the gas cleaning application, has further use as a sulfur-enriched biochar for agricultural purposes (saleable soil amendment product).

When Is a Discharge to Groundwater Subject to the U.S. Clean Water Act? Can You Say “Significant Nexus”?

By Seth Jaffe, Foley Hoag LLP

Whether the United States Clean Water Act regulates discharges to groundwater has been a topic of significant debate.  At this point, there seems to be something of a trend in the cases towards concluding it does, but it remains true that all of the courts of appeal that have addressed the issue have concluded that it does not.  As I have noted, the problem with the “yes” answer is that pretty much all groundwater eventually discharges to surface water, making all such discharges subject to the CWA.  How can that be, given that groundwater is not considered to be “waters of the United States?”

Chief Judge Waverly Crenshaw recently addressed the issue in Tennessee Clean Water Network v. TVA.  Judge Crenshaw’s solution was creative – meaning he pretty much made up out of whole cloth.  That doesn’t necessarily mean that it’s wrong, however.

The case involves coal ash management at the TVA’s Gallatin plant.  Some of the – unlined – ponds directly abut the Cumberland River.  The plaintiff citizen groups brought claims under the CWA, alleging that TVA was discharging pollutants to the River – via groundwater – without an NPDES permit.  They requested an injunction requiring that the TVA remove the coal ash from the ponds, at a cost of $2 billion.

Gallatin power plant, operated by the Tennessee Valley Authority in mid-Tennessee on the north bank of the Cumberland River. Location of the main coal-burning facility is indicated by the icon and label.

Judge Crenshaw was clearly frustrated by an absolutist position on either side.  Clearly, he does not think that any link between groundwater and surface water, no matter how attenuated, can be enough for jurisdiction to attach.  On the other hand, he was also trying to reckon with the specific case in front of him.  As he saw it, the Gallatin ash ponds were a complete environmental mess.  They immediately abut the Cumberland River, clearly a water of the United States.  Can the outcome really be different if the ponds discharge directly to the River than if they discharge to groundwater 10 feet from the River, where that groundwater then discharges to the river?

His solution?

the Court concludes that a cause of action based on an unauthorized point source discharge may be brought under the CWA based on discharges through groundwater, if the hydrologic connection between the source of the pollutants and navigable waters is direct, immediate, and can generally be traced.

I confess I like this solution, because it is practical and will generally yield reasonable results.  It avoids either effectively regulating all groundwater under the CWA or having to conclude that the CWA can’t reach situations such as the Gallatin ash ponds.

The problem?

There’s no textual support for this solution in the CWA.  To me, this test sounds a lot like Justice Kennedy’s “significant nexus in Rapanos.  There too, his position received a lot of support at a practical level, while many commentators noticed that the CWA says nothing about a “significant nexus.”

We all know how well that’s worked out.

This article was first published in Law and the Environment, a blog from Foley Hoag LLP.


About the Authors

Seth D. Jaffe

A partner at Foley Hoag, Seth Jaffe is recognized by Chambers USA, The Best Lawyers in America and Massachusetts SuperLawyers as a leading… MORE

Kathleen Brill

Kathleen Brill is an Associate practicing in the Administrative Department of Foley Hoag’s Boston office. Before joining Foley Hoag, Kathleen had considerable experience…MORE


The Ninth Circuit Reiterates That “Knowingly” Handling Hazardous Waste Without a Permit Is a General Intent Crime Under RCRA

By Richard E. Stultz

Max Spatig was convicted of knowingly storing and disposing of hazardous waste without a permit and sentenced by the U.S. District Court for the District of Idaho to 46 months in prison under 42 U.S.C. § 6928(d)(2)(A). See U.S. v Spatig (2017) 2017 WL 4018398.  At trial, Spatig had sought to introduce evidence on his diminished capacity arguing that he did not have the required state of mind for the offense.  The district court, however, granted the government’s motion in limine to exclude all such evidence because § 6928(d)(2)(A) under the Resource Conservation and Recovery Act (RCRA) only required general intent and diminished capacity was not a defense to a general intent crime.

For years, Spatig had operated a business which used paint and paint-related materials.  Over time Spatig had accumulated several used containers of this material, some of which ended up on his residential property in Idaho.  In 2005, the county discovered the several containers and reported it to the Idaho Department of Environmental Quality (DEQ). Working with Spatig, DEQ collected and destroyed most of the containers.  In 2010, Spatig was again found to be storing used containers of paint and paint related materials on another of his properties.  This time the job was too big for local or state authorities so the U.S. Environmental Protection Agency (EPA) was notified.  The U.S. EPA determined that the waste was hazardous and that a cleanup was necessary. The U.S. EPA removed approximately 3400 containers and spent $498,562 on the cleanup.  The EPA charged Spatig with violation of § 6928(d)(2)(A) for knowingly storing and disposing of a hazardous waste without a permit from either DEQ or the U.S. EPA.

Paint cans at a property off the Archer-Lyman Highway near Rexburg, Idaho

Spatig appealed his trial conviction and argued on appeal that § 6928(d)(2)(A) required specific intent.  He also took issue with the district court’s enhancement of his base sentence arguing that the cleanup did not result in a “substantial expenditure.”  The Ninth Circuit Court of Appeals, however, disagreed with Spatig and affirmed the district court.

Under § 6928(d)(2)(A), a person may not “knowingly” treat, store or dispose of a hazardous waste without a permit.  According to the U.S. Supreme Court, “‘knowingly’ merely requires proof of knowledge of the facts that constitute the offense.”  The Ninth Circuit had also held that “knowingly” generally does not require specific intent.  In other words, a defendant’s particular purpose or objective is not required.  The Ninth Circuit previously rejected the argument that § 6928(d)(2)(A) required that a defendant know there was no permit for disposal.  The court held there that “knowingly” only required “that a defendant be aware that he is treating, storing, or disposing of something that he knows is hazardous.”  The court found that RCRA was a public-welfare statute and that “§6928(d)(2)(A) fits within a class of general-intent crimes that protect public health, safety, and welfare.”  Because § 6928(d)(2)(A) only requires general intent, the Ninth Circuit upheld the district court’s exclusion of evidence at trial of Spatig’s state of mind.

Spatig argued that his sentence enhancement was error because the cleanup did not constitute a “substantial expenditure” required under the federal sentencing guidelines (U.S.S.G. § 2Q1.2(b)(3)).  The Ninth Circuit refused to establish a bright-line rule but noted that sister circuits had found that expenditures under $200,000 were “substantial.”  In upholding the district court, the Ninth Circuit noted that in the instant case the $498,562 underestimated the total cost because it did not include the local agencies’ expenditures.

This holding underscores the long-standing general purpose of environmental laws to protect the public welfare. These statutes do not generally require specific intent—only knowing of the act is required.

This article was first published on the Clark Hill website.


About the author

Richard E. Stultz brings over eighteen years of experience in the environmental, land development and petroleum industries to bear in his practice of law. In addition to his law degree, he also earned a Bachelor of Science in Petroleum Engineering. Richard’s practice is currently focused on environmental litigation.

Richard is experienced in law and motion filings and hearings. He is practiced in written discovery and legal research. Richard has even co-written a First Amendment argument submitted before the California Court of Appeal. He is familiar with California’s environmental laws and regulations.

While in law school, Richard interned at the Los Angeles City Attorney’s Office in the Real Property/Environment division. He researched and prepared a key memorandum regarding good will compensation in eminent domain.

Former B.C. Environment Minister Sued for Shutting Contaminated Soil Landfill

As reported in the Vancouver Sun, The owner of a Shawnigan Lake quarry that was used as a landfill for contaminated soil is suing the provincial government and the former minister who ordered it shut down.

Cobble Hill Holdings Ltd. recently filed suit in B.C. Supreme Court against the Province of British Columbia and Mary Polak, who was the B.C. Liberal environment minister and is still the MLA for Langley.

(Image: Shawnigan Lake, Canada. 6 Dec 2015. The containment system currently employed at the
SIA/SIRM Contaminated-Soil dumpsite, designed to prevent contaminants from travelling
into the Shawnigan Lake watershed. c Laura Colpitts)

The company said it is seeking general damages, special damages, aggravated damages, punitive damages, special costs and any other relief as the court “may deem fit to grant.” No amounts were specified other than “to be assessed.”

No statement of defence has been filed, either by Polak or the province.

In February 2017, while still 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 had 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, had been 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.

Cobble Hill Holdings had decided to lease the lands to South Island Resource Management and notified the ministry that that company would be the primary operator of the permit, the suit says.

Cancellation of the permit resulted in the termination of the lease, which had required South Island Resource Management to pay Cobble Hill Holdings $50,000 a month.

The permit issued in 2013 allowed Cobble Hill Holdings to receive and store up to 100,000 tonnes of contaminated soil a year at its quarry.

It was upheld by the Environmental Appeal Board in 2015, but faced multiple court challenges before it was cancelled in February.

Much of the contaminated soil was from construction sites in Greater Victoria.

Shawnigan Lake residents expressed concern about contaminants leaching into their water supply, and packed open houses to voice opposition.

Demonstrators at the landfill were arrested for blocking trucks delivering the soil. They also went to the legislature to complain to the government.

Polak said repeatedly that the issue was a matter between the company, Environment Ministry technicians and the courts.

When the permit was cancelled in February, the government stressed the decision had nothing to do with any pollution detected or any legal issue being contended.

“To be clear, the permit was not cancelled due to pollution occurring, nor was it directly related to anything before the courts,” the Environment Ministry said in a statement.

“The decision was made on the principle of escalating enforcement and repeated failure by the company to meet deadlines and comply with permit requirements.”