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(Submitted drone image of Indian Road landfill)

North Cowichan seeks answers from province on pollution prevention order for massive 'unauthorized' landfill

Leachate from the long-standing Indian Road reserve site is causing environmental concern

(UPDATE: on Mar. 18/2026, council voted unanimously without debate to support the staff recommendations.)

It’s been almost five months since a member of Cowichan Tribes received a pollution prevention order in relation to a massive "unauthorized" landfill.

The order against James Anthony Peter cites large-scale unauthorized dumping of waste material on the Indian Road reserve, upstream of the Allenby Road Bridge.

But so far the BC Ministry of Environment has refused to release any new information on the order, including whether it is being obeyed, and, if so, what progress is being made.

“It is not known to North Cowichan staff whether James Anthony Peter has responded to the PPO or filed an appeal,” says a staff report going to council March 18.

The municipality is now looking for some answers.

The report recommends staff obtain a progress report on the order from the ministry, including an outline of “completed actions and the expected timeline for site remediation.”

The report also recommends Island Health “confirm any steps taken in relation to the drinking water well at 5544 Indian Road” and report on any concerns about drinking water sourced from the Domtar pump site (across the Cowichan River from the landfill) or downstream wells.

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(Domtar pump station on the lower Cowichan River/sixmountains.ca)


The report is signed by Dave Preikshot, senior environmental specialist for North Cowichan, and David Conway, director of subdivision and environmental services.

Read the staff report: https://pub-northcowichan.escribemeetings.com/filestream.ashx?DocumentId=22883

On March 16, the province issued a statement to sixmountains.ca, saying: "The file is with the Ministry's Integrated Environmental Enforcement Unit for investigation, and no further updates can be provided at this time. Our environmental report and recent monitoring show no evidence of leachate reaching the river and/or impacts to the river."

The Environmental Appeal Board said there has been no appeal in the matter.

The pollution prevention order — dated Oct. 2, 2025, and first reported by sixmountains.ca — relates to three lots on the Cowichan Tribes reserve where dumped waste is “likely to release substances that will cause pollution,” says the ministry.

Peter's address is 5544 Indian Road, private property next to the lots and accessed through the reserve.

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(Three lots on Indian Road reserve. BC Ministry of Environment.)


According to the province, the unauthorized waste — construction and demolition debris, residential waste, derelict RV trailers, plastics, metals, and other “unmanaged materials” —  violates the Environmental Management Act.

Peter is required to hire a professional to develop a site pollution prevention and remediation plan that identifies options, including “full removal or engineered closure” of the site.

A report by consultant Sperling Hansen Associates in November 2023 estimated the waste exceeded 290,000 cubic meters.

About 40 per cent involved construction and demolition waste, 25 per cent imported soil (some containing elevated concentrations of copper and zinc), 20 per cent wood and land-clearing debris, and smaller volumes of items such as broken concrete, tires, and household garbage.

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(Landfill on Indian Road reserve. Sperling Hansen report.)


“These materials are known to release substances of concern,” the report said, including heavy metals such as arsenic, cadmium, copper, iron, lead, manganese and zinc, hydrocarbons and polycyclic aromatic hydrocarbons, and volatile organic compounds.

The report also said the site is producing leachate, most of it migrating via groundwater toward the Cowichan River. The leachate is expected to “alter groundwater chemistry, mobilize metals, and potentially impact riparian habitat and a down-gradient residential well.”

A second consultant report by Aura Health and Safety Corporation in April 2022 confirmed the presence of small amounts of waste asbestos and lead-containing paint at the dump site.

The three lots are legally considered Cowichan Tribes reserve land, the order says. Historically, the Peter family claimed the land but did not follow through with the process to be granted a Certificate of Possession for the lots.

While Tribes considers the three lots as land to which the Peter family has access, they do not control its resources, the order says.

Sixmountains.ca earlier reported that 5544 Indian Road — the two hectares of private land wedged between the three lots and the Cowichan River — is owned by Barbara Patricia Paquette, who has an interest in Romeo's pizza in Duncan. (https://www.sixmountains.ca/article/4487fd51-2f06-4b22-a79b-28ca0ec5ce70 )

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(5544 Indian Road outlined in blue, west of Duncan. Ron Usher/ParcelMap BC)


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— Larry Pynn, March 16, 2026.

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Other articles by sixmountains.ca on this issue:

— Federal government says First Nations have ‘limited regulatory tools’ to address pollution on reserve lands https://www.sixmountains.ca/article/6686bfe4-852c-47e6-94b0-e12dfcb38fe2

— Cowichan Tribes releases much-awaited statement on unauthorized dump site https://www.sixmountains.ca/article/110b5870-c18c-42d4-939c-4a8665722ecb

— Canadian government issued two cease-and-desist orders, including to Cowichan Tribes, related to unauthorized landfill https://www.sixmountains.ca/article/e28a3d8c-201c-416c-bf15-ca130a9c7916

— ‘Unauthorized landfill’ on Cowichan Tribes reserve thought to be two decades in the making:  https://www.sixmountains.ca/article/a35e0303-83a9-4242-b398-2b460610ef7d

— Dump truck driver says ‘everything and anything’ went into waste site on Cowichan Tribes reserve: https://www.sixmountains.ca/article/e93bd147-4598-4838-ae9b-3b0166dd4c7e

— Pollution prevention order targets ‘unauthorized’ waste dump site on Cowichan Tribes reserve: https://www.sixmountains.ca/article/fdaaf885-11e9-432e-9041-aa3c4f965a5e

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