Farm Odours

4:30 pm

Delta has been receiving a great many residential complaints from the East Ladner area recently about obnoxious odours emanating from a composting operation on a farm located on 72nd Street near the East Ladner residential area. In that regard, there is information below that summarizes the issues related to that farm which may be helpful to you. Lately, likely in an attempt to try to minimize the odours in East Ladner, we understand that farmer has relocated some of his compost material to other farm fields in the Delta area. As a result, the compost material may be distributed to fields closer to your vicinity and the odours may be apparent in residential areas that have not previously experienced those types of odours. We have been advised the farmer is nearing completion of a composting building on his property on 72nd Street and we are hopeful that the current odour problems will not continue once his new facility becomes operational.

An alternative explanation for the odours is that other farmers around the Ladner area are spreading manure, as this kind of activity may occur at any time during the growing season depending on the crop to be grown. However, given the intensity of the odours that residents are describing, it is suspected to be more likely due to the relocation of the material from the composting operation on 72nd Street. In any event, both manure spreading and composting are activities that are protected under Provincial legislation if they are considered to be normal farm practices. Although Delta has no jurisdiction to regulate such farm practices, there are several other government agencies that have specific roles in the regulation of these types of activities and you may wish to contact them.

Normal farming activities are protected from nuisance complaints under the Provincial Farm Practices Protection (Right to Farm) Act and the B.C. Farm Industry Review Board (FIRB) has the authority to determine what constitutes "normal farm practices". As a result of many complaints we received from residents in the East Ladner area and businesses at Boundary Bay Airport during the summer of 2003, Delta filed a formal complaint with the FIRB in 2003 concerning the composting odours from the turf farm on 72nd Street. The FIRB conducted a 3 day hearing in September 2004 and issued their decision in October 2005. The FIRB's decision included their determination that the odours were considered to be a result of normal farm practices. Due to the long process and ultimately disappointing result, we are not currently pursuing another formal complaint through the FIRB.

At this time, we are pursuing the odour issue with the following regulatory agencies. The Provincial Ministry of Environment has the authority to enforce the composting regulations, which are contained in the Organic Matter Recycling Regulation. The Greater Vancouver Regional District may have authority over odours coming from a farm, if the Air Quality District Director for the GVRD determines the odours constitute "pollution" as defined under the Environmental Management Act.

In response to the complaints we have received, Delta's Chief Administrative Officer has written to the Deputy Minister of Environment, requesting the Ministry staff be directed to enforce the composting regulations on the farm producing the odours. He has also written to the GVRD Air Quality District Director requesting the odours be investigated to determine if pollution is being caused and for enforcement action to be taken if it is deemed to be pollution. So far, we have not received a reply from the Deputy Minister, but the GVRD are currently investigating the matter under their authority. See the August 3rd, 2007 Farming Odour Complaints Council Report.

If you would also like to contact the agencies referred to above, the following is provided for your information:

B.C. Farm Industry Review Board - Phone: 1 (250) 356-8945 (Their office is located in Victoria, but you can reach them toll-free by calling Enquiry BC at (604) 660-2421 and asking them to put your call through) or visit http://www.firb.gov.bc.ca/.

B.C. Ministry of Environment - Phone: (604) 582-5200 website: http://www.env.gov.bc.ca/epdiv/

GVRD Air Pollution Line - Phone: (604) 436-6777 website: http://www.gvrd.bc.ca/air/index.htm