Decision Date: August 12, 1996

Panel: David Brown, Elizabeth Keay, M.D., Joan Rysavy

Keywords: Waste Management Act — s. 3, 20, 22; Agricultural Waste Control Regulations B.C. Reg. 131/92 – s. 2; municipal bylaws, void for vagueness

This is an appeal by the Surrey Langley Environmental Protection Society (“SLEPS”) of the June 1995 order issued due to alleged non-compliance with a September 1994 order. The June 1995 order required Money’s Mushrooms to reduce odor emissions by upgrading its manure composting facility and to submit a business plan and progress reports. Money’s submitted plans under the September order, but the Assistant Director was unsatisfied and added new submission requirements and deadlines. SLEPS appealed these amendments on the grounds that they permitted pollution and odors, that the deadlines were lenient and that odor and pollution control methods were unspecified.

The Board held that the composting facility is an agricultural operation and, if it does not pollute, it is exempted from certain Waste Management Act provisions. On the facts, the Board found that the “odours” from Money’s constitute pollution and are therefore not exempt. However, the Board held that the June order was invalid since its requirements are too vague and since the order exceeds GVRD jurisdiction by also regulating odours that are not severe enough to be pollution. The Board found that generally Money’s uses the best proven technology but recommend implementing certain procedures. The appeal is dismissed.