CRD Licence Suspension at Composting Facility Upheld by B.C. Supreme Court

Jan 21, 2014

Victoria, B.C. - The Capital Regional District’s suspension of a Central Saanich composting facility’s licence has been upheld by the Supreme Court of British Columbia.

In a judgment released on Monday, Jan. 20, 2014, the Hon. Mr. Justice Steeves dismissed Foundation Organics Ltd.’s request for judicial review of the CRD’s decision. The CRD originally suspended the licence issued to Stanhope Dairy Farm and applicable to the Foundation Organics Ltd. composting facility on Old East Road in August 2013. The suspension followed the issuance of a number of warning notices for odours. After a formal appeal hearing, the CRD upheld the licence suspension in October 2013.

During the initial licence suspension, 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. The licence suspension was upheld by the CRD in October following an appeal by facility operators.

The Composting Facilities Regulation Bylaw (Bylaw 2736) regulates the operation of composting facilities in the region. The purpose of licensing composting facilities includes 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 Agricultural Waste Control Regulation, the host municipality’s bylaws, Workers’ Compensation Board regulations and other applicable regulations.

The Capital Regional District is also proceeding to commence prosecution against Foundation Organics Ltd. for bylaw offences pursuant to Bylaw 2736.

Foundation Organics has the right to file an appeal within 30 days of yesterday’s decision.

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