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Province balks at details release

There were 46 "dangerous or unusual occurrences" at tailings ponds at mines across B.C. between 2000 and 2012, according to annual reports of B.C's chief inspector of mines.

There were 46 "dangerous or unusual occurrences" at tailings ponds at mines across B.C. between 2000 and 2012, according to annual reports of B.C's chief inspector of mines.

The inspection reports provide a yearly breakdown of the numbers, but no details of what occurred at the tailings ponds, used to store mine waste.

The number of dangerous tailings ponds incidents range from a high of nine in 2003 to a low of one (2005, 2006). In 2012, there were three dangerous occurrences, and two each in 2010 and 2011. There were five in 2009.

In a written statement, mines ministry spokesman David Haslam simply pointed to the definition of dangerous occurrences in the province's mine safety code.

"Providing details on all dangerous and unusual occurrences related to tailings ponds for the past 12 years will require ministry staff to sort through all of the records and determine whether any information needs to be omitted pursuant to the Freedom of Information and Protection of Privacy Act, as some of the records may contain personal or financial information," Haslam said.

Despite the heightened interest in tailings pond safety following the collapse of Imperial Metals' Mount Polley tailings dam on Aug. 4, the ministry refused to provide any further details.

NDP mines critic Norm Macdonald said the public needs that detailed information on incidents such as dangerous occurrences at tailings ponds.

"I think it's fair to say that very consciously the Liberals have removed the ability of the broader population to keep track of things on public lands," Macdonald said.

The B.C. Freedom of Information and Privacy Association (BCFIPA) has launched a complaint to privacy commissioner Elizabeth Denham, who announced last week her office would investigate whether the provincial government should have notified the public about potential risk connected to the Mount Polley tailings pond.

BCFIPA executive director Vincent Gogolek said provincial laws require the release of government information if there's risk of significant harm to the environment, health or safety.

"If any of those 46 (dangerous occurrences at tailings ponds) fall into that category -- and I think the commissioner's office will be very interested in looking at some of those occurrences -- then they do have to release it," said Gogolek.

The definition of dangerous occurrences in the province's mine health, safety and reclamation code includes events that "might adversely affect the integrity" of dams and dikes. That includes cracking or caving in of a dam or dike, and unexpected seepage or appearance of springs on the outer face of a dam or dike.

It also includes the loss of adequate freeboard (the distance between the water level and top of dam), and washout or significant erosion of a dam or dike.

The province has said that in May 2014, the water level in Mount Polley's four-square-kilometre tailings pond was too high, and that the company was ordered to reduce the level by pumping into adjacent pits.

Dangerous occurrences also include events such as major cave-ins and unexpected inrushes of water, mud or slurry. Also on the list are premature explosions, mine vehicles out of control and fires that endanger people.

The Mount Polley tailings dam collapse has generated significant scrutiny on the B.C. mining sector, with the provincial government, mining industry and Imperial Metals all acknowledging they must regain public trust.

The collapse released 10 million cubic metres of water used in the mill, and 4.5 million cubic metres of tailings comprising finely ground rock containing potentially toxic metals.

No one was injured or killed and water tests have passed drinking-water hurdles. But area residents, First Nations and environmental groups have continuing concerns about the long-term effects on the environment, particularly for fish.

On Monday, B.C. Mines Minister Bill Bennett announced the chief inspector of mines ordered "extraordinary independent inspections" of about 60 mine waste sites, which must be competed by Dec. 1.

The chief inspector reports also provide information on the number of geotechnical inspections carried out for some years between 2000 and 2012.

The number of geotechnical inspections range from 17 (2002) to 41 (2003). In 2012, there were 26 inspections.

No information is provided for the number of inspections in 2001 or between 2007 and 2011.

Asked why there is no information on the number of inspections for some years, the mines ministry said the format changes from year to year.

The mine ministry's geotechnical section is responsible for the inspections at operating and closed mines with the focus on performance of tailings dams, waste-rock dumps, open-pit slopes, and underground openings.

Mining projects are reviewed for the health and safety of the public and mine workers, as well as protection of the environment, says the chief inspector's report from 2012.