Decision Date: October 2, 2019

Panel: Darrell Le Houillier

Keywords: Environmental Management Act – s. 14; Administrative Tribunals Act – s. 16; permit; air emissions; odour; compost facility; consent order

Coast Environmental Ltd. (“Coast”) owns and operates a composting facility near Chemainus, BC. In February 2019, Coast received a permit under the Environmental Management Act (the “Act”) authorizing the discharge of effluent and air emissions from its composting facility. The permit also set a limit of 18,500 wet tonnes per year for the total volume of compostable material that the facility could accept. The facility’s previous permit had a limit of 13,200 wet tonnes per year.

The Municipality of North Cowichan (“North Cowichan”) appealed the Director’s decision, and requested that the Board either rescind the permit or reduce the total volume of compostable material per year that the facility could accept, to 13,200 wet tonnes per year. Among other things, North Cowichan was concerned about the expansion of the facility given that it was already a source of offensive odours that local citizens had complained about.

Before the appeal was heard, the parties negotiated an agreement to resolve the appeal.

By consent of the parties, the Board ordered that the permit was amended by reducing the maximum amount of compost material allowed to 16,500 wet tonnes per year, and the appeal was dismissed.