Waste from a mine in British Columbia has traveled downstream to the Columbia River in Washington. Here, slag mixes with sand along the shoreline of Upper Columbia River. Photo: Environmental Protection Agency

Canada | Environment | Law | National

Colville Tribes upset by release of toxic mining chemicals into river

Friday, April 15, 2016

A Canadian company that claims it is above U.S. law has once again released toxic chemicals into the water system that the Confederated Tribes of the Colville Reservation depend on for their economic, cultural and spiritual livelihood.

Teck Resources said the spill at its smelting and refining plant in British Columbia lasted about 15 to 20 minutes on Wednesday. While Canada's environmental agency has estimated only about 24 gallons of metal-contaminated waste entered the Columbia River system, the tribe pointed out that the company has been polluting the waters for more than a century.

"Teck’s disregard for the land, air and water it impacts must be stopped," Chairman Jim Boyd said in a statement on Wednesday. "Our tribes have taken action to force Teck to step up to its responsibility and the spill this week unfortunately highlights Teck’s ongoing failure to stop polluting and start cleaning up decades of waste in the U.S."

Teck has admitted it has been releasing mine waste into the Columbia River system since 1896, an amount that the tribe put at more than 10 million gallons. But the company claims it cannot be forced to clean up the mess because it is a Canadian company that doesn't fall under U.S. law.

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In 2006, the 9th Circuit Court of Appeals concluded that the company must answer to a lawsuit filed by individual tribal members in 2004. The tribe itself and the state of Washington have since joined the case but it has not reached a conclusion amid continued opposition from Teck.

A portion of the case in fact went before the 9th Circuit again last week. The company is trying to overturn yet another victory won by the tribe and its members.

"The river is the natural resource and cultural lifeblood of the Colville Tribes and must be protected and restored," Boyd's statement read.

The Environmental Protection Agency has conducted studies on the Upper Columbia River and results have shown that metal contaminants are present in the water and sediment, which affects tribal fishing rights. Some of it is visible in the so-called "black sand" beaches along a 150-mile stretch of the river between Canada and the Grand Coulee Dam.

A close-up of a "black sand" beach along the Upper Columbia River in Washington. Photo from Environmental Protection Agency

Teck, however, argues that the river is safe and that fish are safe to eat. The company reached a settlement with the EPA in 2006 that disclaims any liability under the Superfund law, one of the major issues in the ongoing Colville case.

The mine is located about 10 miles north of the U.S.-Canada border.