Boundary-Similkameen MLA John Slater (left) stands beside B.C.’s Solicitor General Michael de Jong as he addresses reporters at a media conference in Oliver following the release of a report on the investigation into the June 13 mudslide. Photo by Paul Everest - Click on picture for larger image

OSOYOOS TIMES-July 21, 2010

By Paul Everest - Osoyoos Times

An investigation by the provincial government into the June 13 mudslide in Oliver has concluded that “more could have been done to avert the disaster caused by the debris torrent and mudslide.”
A report on the investigation released on July 14 from the B.C. Ministry of Public Safety and Solicitor General found that there was a “consistent pattern of concerns and warnings about the state” of the earthen dam on the man-made reservoir on Testalinden Creek that failed and caused the mudslide dating back to at least the 1960s.
The report states, however, that “there is no indication that actions had been taken to remedy the situation that has persisted for decades.”
Two days before the mudslide happened, a hiker from Osoyoos noticed that the Testalinden reservoir was full and that water was overflowing onto the road.
He passed this information on the Osoyoos Visitor Information Centre, which informed the RCMP.
The RCMP contacted the B.C. Forests and Range Ministry which passed the information along to the Ministry of Forests Compliance and Enforcement Technician.
The information was left on a voice mail for the technician, however, which was not retrieved until after the dam breached.
Because the relayed information concerned a road washout on a “non-status road,” as opposed to a forest service road, the information was not described as a priority.
The report therefore states that communication protocols between different government agencies need to be improved and providing the public with information about who to call when they observe such a situation should be a priority.
To address these findings, the report lays out 12 recommendations.
They include recommendations that the B.C. Environment Ministry review its record keeping practices when it comes to dams and install signage at all dam locations to inform passersby that the structure is a dam while providing emergency contact information.
It was recommended that Emergency Management BC work with local officials, police and first-response agencies to provide a quick reference list of key contact numbers focused on “who to call when.”
The same day the report was released, B.C. Solicitor General Mike de Jong spoke at a media conference at Oliver Town Hall after government officials met with the residents affected by the mudslide to discuss the investigation and its findings.
He told reporters that, in addition to Disaster Financial Assistance offered by the government, where affected property owners could claim up to $300,000, the government is looking at additional compensation for the residents affected by the mudslide.
The government is prepared to have conversations with the affected residents about compensation, de Jong said.
It will look at the cost of cleanup at the site of the mudslide but if the costs are too high, he added, the government will consider buying the affected properties from the owners at the value of the land prior to the mudslide.
Right now, neither the projected value of the cleanup costs nor the value of the damaged properties is known, de Jong said, so assessments will have to begin.
The mudslide has sparked a review of the province’s 2,000 dams and between June 15 and June 29, Environment Ministry staff assessed more than 600 dams across B.C.
According to the ministry, three of the assessed dams required “immediate attention” and 142 require “follow-up” attention.
As part of the province’s “Rapid Dam Assessment,” 48 dams were looked at in the South Okanagan and surrounding area and the ministry stated that “one dam required immediate attention and nine others were identified for further follow-up later this season.”
“The owner of the one dam requiring immediate attention has been drawing-down the level in the reservoir to reduce the immediate risk,” the ministry stated in response to questions from the Osoyoos Times about local dam assessments. “Additional long-term actions to address less urgent concerns are anticipated.”
During the media conference, de Jong said the investigation into the responsibilities of the Testalinden reservoir’s licence holder, Elkink Ranch Ltd., is ongoing.
The owner of Elkink Ranch Ltd. is Ace Elkink.
The investigation is being carried out by the Environment Ministry’s Conservation Officer Service.
Environment Minister Barry Penner said under B.C. Water Act regulations relating to dam safety, people are required to properly maintain dams on their properties.
Not following such regulations, he said, could mean a $200,000 fine or six months in jail.
Liability laws will also apply, de Jong said.
Kathy Mercier, who owned a home with her husband Gene that was wiped out in the mudslide, said one recommendation that should have been included in the report is for succeeding governments to be briefed on what outstanding non-compliance issues they inherit.
Problems with the Testalinden reservoir dam were reported as far back as the 1940s, she said, but there have been several successive governments that have come into power over the years.
Mercier said incoming leaders, department heads and government officials should get a full rundown on any issues they inherit from an outgoing government to prevent this kind of problem from happening again.
As for compensation, Mercier said she wants what she had before the slide took place including a house, the 2.9 hectares of prime, mature grape plants and a hydro pole near her home.
She said she’s willing to negotiate some of the details, but she doesn’t care about how much it cost the government because they are partially to blame for the disaster.
“A succession of people knew this was a ticking time bomb and no one did anything,” she said.
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