Acute levels of effluent discharged into Baynes Sound by Union Bay shipbreaking operation

The company operating a controversial shipbreaking site in Union Bay received another warning letter from the province after an inspection found that its operations are discharging copper effluent at more than 100 times the province’s allowable limit, and 13 times more than what is allowed for zinc effluent.

Deep Water Recovery received the letter, citing BC Water Quality Guideline levels, on Aug. 23, 2024. It warned that if the company fails to stop discharging acute and chronic levels of effluent into Baynes Sound, it could be subject to an offence of up to $300,000 under the Environmental Management Act, or an administrative penalty of up to $40,000 under the Administrative Penalties Regulation.

If fined, this would be the company’s second administrative penalty. On Oct. 11, 2023, the company was ordered to pay $500 for failing to meet provincially set deadlines for its monthly monitoring reports, which share data on the company’s effluent discharge and its potential impact on the surrounding environment.

The Aug. 23, 2024 letter sent to Deep Water Recovery included a table showing that copper and zinc effluent at three different areas of the shipbreaking site surpassed both chronic and acute levels, as set out by the province. Screenshot/Natural Resources Compliance and Enforcement Database

According to the province’s water quality guidelines, an acute level of a toxin, such as copper, in effluent is an amount that has been determined to cause harm to aquatic life within a short period of time. These measurements are in place to protect the most sensitive species from severe impacts  — such as lethality — due to toxin exposure.

In an area referred to as Sump 1, where effluent is discharged at Deep Water Recovery’s shipbreaking operation, copper was measured at 489 micrograms per litre. The acute level, according to provincial guidelines, is three micrograms per litre.

The acute level for zinc discharge is 55 micrograms per litre, and it measured at 742 micrograms per litre at Sump 1.

The effluent from the Miller Freeman — a former American fisheries and oceanography vessel ship that was brought to the site to be dismantled — was also measured, with both Copper and Zinc surpassing acute levels.

The province’s water quality guidelines also have a maximum amount set for what is labelled as chronic levels, which measure long-term impacts on aquatic life. Copper, lead and zinc all surpassed the chronic levels set out by the guidelines.

Opposition from residents continues

Between April 2022 and August 2024, Deep Water Recovery received several out of compliance warning letters from the province, according to the Natural Resources Enforcement Database. The company also received some recommendations for administrative penalties and a Pollution Abatement Order dated March 15, 2024.

Meanwhile, residents in Union Bay continue the fight to stop the ship dismantling by Deep Water Recovery (DWR).

In Parksville, Sheri Plummer is selling car decals to raise money for Concerned Citizens of Baynes Sound (CCOBS), a group of Union Bay residents who oppose the shipbreaking operation. The group has been researching, organizing and sharing information about the shipbreaking operation since its inception in 2021. It has hosted community information sessions and rallies in the past, and shares information for residents on ways to oppose the operation, such as letter templates.

In an email exchange with The Discourse, Marilynne Manning, one of CCOBS’ founders, said the group is currently awaiting a response on the operation from Mid Island-Pacific Rim MLA Josie Osborne. She was recently in Union Bay to discuss community issues — including the shipbreaking operation — with Courtenay-Alberni MP Gord Johns. The Discourse reached out to Osborne’s office but she was unable to comment at the time of publication. The Discourse is following up and will update the story if a response is received. Sonia Furstenau, leader of the Green Party of B.C., has also raised concerns regarding the shipbreaking operation.

Another Parksville resident, Paul Wisniewski, initiated a petition to the House of Commons on Aug. 6, 2024, urging the federal government to stop the shipbreaking operation and “develop enforceable federal standards to reduce the negative environmental and social impacts of ship recycling that meet or exceed those set out in the Hong Kong and EU Conventions for the safe recycling of ships.”

The petition is open for signing until Dec. 5, 2024. Wisniewski also shared a YouTube video on Sept. 2, 2024 to advocate for the fight against the operation. He used drone footage from Mary Reynolds, who is still monitoring the operation with her drone and recently achieved a partial anti-SLAPP victory case against DWR director, Mark Jurisich, who attempted to sue her for damages related to the drone footage she posted online of the controversial operation.

In a previous email to The Discourse, DWR director Mark Jurisich said the levels of chemicals discharged by the operation aren’t a problem because of the site’s previous history with mining and the former coal industry. He denied that the company is discharging effluent.

Carla Conkin, a lawyer working with CCOBS, told The Discourse that Jurisich’s argument is not valid.

“Just because it’s an industrial area doesn’t mean it’s no holds barred,” she said. “It’s runoff off of your ships. It’s effluent discharge coming out of your sumps. You own them. You’re responsible for them. If there’s some historical issue, you own it. You can go after former players if that’s the case but you’re responsible.”