Foundation Organics Ltd. Composting Facility Charged with Offences Due to Odour Issues

Dec 19, 2013

Victoria, BC –- As a result of the odour issues in September of this year and the additional increase in odours in early December, the Capital Regional District has charged Foundation Organics Ltd. composting facility with public nuisance offences under the Composting Facilities Regulation Bylaw (Bylaw 2736). 

On Aug. 16, the facility’s licence was conditionally suspended following the issuance of a number of warning notices for odours. At that time, the CRD conducted a hearing with the facility operator and after careful consideration of all parties concerns and views, it was determined that the Foundation Organics facility was non-compliant with Bylaw 2736 and the terms of its Recycler Licence. These same odours continued in September despite the licence suspension. The licence suspension was upheld in October following an appeal by facility operators. The current suspension is under judicial review with the BC Supreme Court and a decision is expected in the New Year. 

Despite the suspension, there has been a significant increase in composting process odours detected beyond the facility’s property boundary over the past several weeks. Continuing odour issues, combined with significant odour complaints from area residents, have resulted in public nuisance charges being laid under the composting bylaw. These issues will be reviewed by the courts, in addition to the suspension appeal.

The Composting Facilities Regulation Bylaw (Bylaw 2736) regulates the operation of composting facilities in the region. The purposes of licensing composting facilities include ensuring that the facilities do not contaminate ground or surface water, or generate unacceptable levels of nuisance odour, vectors, litter or dust. In addition to complying with the bylaw, composting facilities must also comply with the BC Organic Matter Recycling Regulation, BC Agricultural Land Commission Act, BC Agriculture Waste Control Regulation, the host municipality’s bylaws, Workers’ Compensation Board regulations and other applicable regulations.

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Andy Orr, Senior Manager Corporate Communications,
Office: 250.360.3229 | Cell: 250.216.5492