Composter’s appeal rejected by court

Capital Regional District plans to prosecute bylaw offenses

B.C. Supreme Court has upheld the CRD’s suspension of Foundation Organics’ operating license.

On Monday, Supreme Court Justice Steeves dismissed the composting facility’s request for a judicial review of the Capital Regional District’s suspension which was slapped on the business in August of 2013.

The suspension followed hundreds of complaints to the municipality, the Capital Regional District and the Agricultural Land Commission from residents in Central Saanich and numerous warning notices from the CRD regarding foul odours emanating from the facility.

“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,” said a press release from the CRD.

Near the end of October last year, Foundation Organics was directed to remove any remaining compost in the building at the facility and in November the Agricultural Land Commission (ALC) released a report on the operation that deemed it was operating outside of allowable farm use and that it was in contravention of the Agricultural Land Commission Act.

According to the CRD, they plan to begin prosecution against Foundation Organics for bylaw offences pursuant to bylaw 2736.

— With files from the CRD