Group of Yankee Flats and Silver Creek residents threaten lawsuit over lack of oversight of compost facility

A group of residents in the Yankee Flats and Silver Creek area have announced plans for a lawsuit naming the province and the Columbia Shuswap Regional District, citing a lack of oversight and regulation of a compost facility in the area.

At the April 18 CSRD board meeting, Pat Peebles gave a presentation as a representative of a concerned community group upset about Spa Hills Farm Compost.

In her presentation, Peebles said she had collected 70 statements from residents in the area. She also said the group had water from an aquifer adjacent to the facility tested by CARO Analytical Water Services and the water tested extremely high in E. Coli, coliform bacteria and other unnamed toxic elements.

She further stated they had water tested from where that aquifer drains into the Salmon River, and this sample also had high levels of E. Coli and coliform bacteria.

Parts of the presentation, including resident statements gathered by Peebles, were removed from the presentation by the CSRD Privacy Officer “to avoid unauthorized disclosure of personal information,” according to a note on the presentation package.

Peebles' presentation also alleged birds are flying into the composting area and flying away with partially decomposed animal parts.

The presentation claimed some of the outdoor compost piles spontaneously combust and pose a fire risk to the area.

Some of the chemical reactions that occur during composting can cause combustion of the compost material under certain conditions.

The written presentation concluded with a statement that the group plans to take legal action over the issue.

“In summary, we are currently seeking legal advice and are preparing to pursue this issue with the local and the provincial government for the lack of oversight (ie: permits and inspectors for composting facilities),” the presentation reads. “We are also seeking legal advice pertaining to the CSRD for allowing this to happen (ie: manipulating zoning and not creating oversight for so many years, leading to the current disaster for Area D we face today).”

In 2014, the CSRD board passed a bylaw to amend the rural zone to allow the Spa Hills Farm Compost property to run both a classic auto restoration shop and an organic matter compost facility. This decision is what the group's report refers to as manipulating zoning.

The presentation also claimed Splatsin and the Okanagan Indian Band are in full support of their initiative. It’s unclear if that support included the potential lawsuit.

Once it was revealed that the residents were planning to file a lawsuit, John MacLean, chief administrative officer, advised directors to receive the report, thank the presenters for their time and refrain from further discussion.

'It has come to a head'

Dean Trumbley, director of Electoral Area D, said this facility has been one of the things he’s heard the most about in his time as director.

“As the area director, I just do want to state a little bit of preface that when I was elected, this was one of the biggest issues I heard about in area D and for the two years I have been in, I continue to hear that this is one of the biggest issues that's happening and I hear it from multiple fronts,” Trumbley said.

“First of all, you know, I hear the complaints against the facility, but I also get the people that are for the facility. I do know of hostile actions that have happened, signs have been posted. And this isn't the first time as your director I have brought this to the table.”

He said he wished the province had been able to step in before things went this far.

“Everybody knows that I brought up the Spa Hills issue and said that it's too bad that at some point, the province couldn't step in before this comes to a head, and unfortunately, it has come to a head,” he said.

“The one thing I want to reiterate, in talking to the constituency in the area, the one thing that everybody has said to me, those for and against it, have all recognized the absolute importance of composting in this day and age.

“The issue isn't so much the composting, the issue is the impact that the composting is having on the surrounding community.”

Trumbley added he’s sad the issue has become an “us versus them” situation instead of one where the community can come together to solve the problem.

“It's at the point now where I understand the direction they're taking, because I just don't see there being any sort of resolution,” he added. “We're frustrated too, because the province does hold the jurisdiction. We have met with the minister, bringing this right to the top levels, and unfortunately right now our hands are tied.”

Owners say residents 'misinformed'

Josh Mitchell, one of the co-owners of Spa Hills Farm Compost, said the residents who gave the presentation are misinformed.

“They're really misinformed, that's all I can say is they don't understand certain things and the necessity of things,” Mitchell said. “I don't know what else to say about it. …It's sad that they feel that way."

Mitchell also alleged the citizen’s group illegally took photos of his facilities with a drone.

“Those pictures were taken by a drone, our facilities are in the middle of our property, and they’re legally not allowed to be doing what they're doing.”

He went on to say he’s proud of his compost company.

“I'm not ashamed of what I do, I'm very proud of what I do,” he added. “We deal with a very nasty product, and we do the best we can.

“And there's always room for improvements, which is what we do all the time and we are getting better and better.”

Mitchell emphasized the benefits of composting.

“Composting is definitely a benefit to the earth, a benefit to the world, a benefit to society. A benefit to everybody around us."

Non-compliance letter

Peebles' presentation also included a non-compliance advisory letter from the ministry of the environment that related to an inspection conducted by an environmental protection officer on Jan. 3, 2024.

This report found while the facility's receiving, curing and processing areas were properly roofed and located on an impermeable surface to prevent leachate from discharging into the environment, the storage facility did not meet those required standards.

The officer conducting the inspection found them to be out of compliance in their storage area under six different requirements. This included findings that leachate from their storage area was being discharged directly into the environment.

Leachate is a term for contaminated water that travels through a waste pile and picks up bacteria and pollutants.

The non-compliance report also stated the facility didn't take measures to prevent vector attraction.

Vectors in a composting or waste facility are defined as any insect, rodent or other organism capable of spreading infectious agents.

The CSRD board will receive a briefing from staff on the issue and have further discussion at another venue. When municipal director and current board chair Kevin Flynn closed the discussion, he said, “I would urge everybody to respect everybody else moving forward.”