Comox Mayor Russ Arnott adamantly opposes Area B representation on the sewage commission / George Le Masurier file photo
Comox Valley sewage issue pushed, Arnott comments called “out to lunch”
Comox Mayor Russ Arnott feigned little knowledge this week of how the Comox Councillors that he appointed to the Comox Valley Regional District Board are voting, and why.
The only item on the Courtenay-Comox Sewage Commission Tuesday, Aug. 13, was a reconsideration of its “no decision” last month, a tie vote that technically defeated a motion to allow Area B representation on the commission.
This week, the commission, with CFB representative Major Guerard in attendance, delayed taking any action on the matter until after CVRD staff present their recommendations from a year-old study on how best to restructure the regional district’s water and sewer commissions.
But the issue launched Arnott off on an opening diatribe about why the board had sent the issue back to the commission.
“Why did they send it back?” Arnott asked. “We made a decision. What’s to say whatever decision we make today won’t come back. When does this end?
“I find it disrespectful, and it leads me to wonder where the integrity of the Town of Comox votes lay when we’re a paying member and (deference is shown) to a special interest group,” he said, referring to the Curtis Road Residents Association.
That caused Courtenay Director Wendy Morin to ask for a voting record of the CVRD Committee of the Whole, which comprises the full board.
“If I recall Comox directors voted to send it back,” she said.
Comox Director Ken Grant jumped in to say he could settle the question.
“Yes, Comox did vote to send it back. It was clear we (Comox directors) were going to lose the vote, so we voted in favour to deal with it here (at the sewage commission),” he said. “We were outmuscled.”
FURTHER READING: Our archive of stories about the sewage commission
Comox is the outlier on this issue. There is support for Area B representation on the sewage commission from Courtenay and some of the electoral areas.
Comox has two directors on the CVRD board, while Courtenay has four and Cumberland and the three electoral areas each have 1. Weighting the votes based on population gives Courtenay 18 votes to 10 for Comox.
Pushing a decision on the issue didn’t sit well with the Curtis Road Residents Association, who have been battling with the regional district over noxious odours emanating from the Brent Road wastewater treatment plant since 1985.
Jenny Steel, the spokesperson for the residents, said the CVRD Board had ordered the commission to further consider the appointment of the Area B director as a non-voting member for a temporary period of time.
“The Commission today failed to follow that direction, there was no substantive discussion at all,” she told Decafnation. “ Instead, they decided to wait for Comox and Courtenay bureaucrats to come up with their “governance study” recommendations — without any input at all from Area B.”
Steel said “the writing is on the wall … Comox councillors will continue their vendetta against any voice for Area B at the table.”
The Curtis Road residents had requested that the Area B director be permitted to participate in the discussion at the Aug. 13 commission meeting, but Steel says the CVRD did not even acknowledge that request.
Steel said the CRRA would now seek out other avenues within the government to resolve their concerns.
“We will formally lodge complaints with the provincial Ombudsperson and the Inspector of Municipalities, as well as expand our outreach to the public and press,” she said. “We do not believe Comox commissioners have acted responsibly on this issue.”
Steel went on to say that Comox Mayor Arnott’s statement that there’s a good relationship with the Curtis Road Residents was “completely out to lunch.”
“Since our first delegation in April there has been no commitment whatsoever to fix the odour problems or to improve governance moving forward,” she said. “In an earlier meeting, Comox reps had proposed that one of the existing commissioners be our voice at the table – clearly an admission that Area B does need a voice.
“However, they are dead set against that voice being Director Arzeena Hamir, our democratically elected representative. Go figure.”
Hamir told Decafnation that she’s extremely frustrated by the situation and that she feels for the Curtis Road residents.
“They have put so much time and energy into resolving their problem. They read the reports more intensely than some of the elected directors,” she said. “To have the issue punted back and forth (between the CVRD board and the sewage commission) is frustrating.”
Steel echoed that comment.
“It is indeed frustrating to go round in circles on what would seem such a straight-forward and reasonable request,” she said. “Until we get this resolved we have no choice but to continue with our delegations.”
They have several outstanding issues, including the location of a new holding pond, agreement on an odour standard and covering the bio-reactors, which cause most of the odour issues.
“A Good Neighbour Agreement between Area B and Comox/Courtenay is something we’ve been working on and will bring forward to the Commission soon for consideration,” she said.
SUBSCRIBE TO OUR NEWSLETTER
CVRD commission takes “historic” step toward Comox Valley-wide wastewater system
The Courtenay-Comox Sewage Commission has taken the first step toward a Comox Valley-wide sewerage system by agreeing to receive and treat wastewater from the fast-growing Royston and Union Bay portions of Electoral Area A.
New Courtenay-Comox sewage master plan process to restart after virus lockdown delays
Delayed by this spring’s COVID-19 virus lockdown, public consultation on the region’s new Liquid Waste Management Plan will begin later this summer
Curtis Road residents threaten legal action over sewage commission failure on odour issues
Rural Comox Valley residents have threatened legal action against the Courtenay-Comox Sewage Commission over noxious odours emanating from the treatment plant near their homes on Curtis Road
Good Neighbor Agreement could help resolve sewage plant problems
Curtis Road residents have tried protests and lawsuits to eliminate the problem of noxious odours from the Courtenay-Comox sewage treatment plant. Now, they’re trying a collaborative Good Neighbor Agreement
Major changes coming to Courtenay-Comox sewage commission
The Courtenay-Comox Sewage Commission approved five staff recommendations this week that may result in major changes to the utilities’ governance
Cumberland gets $7 million infrastructure funding for wastewater treatment
Work will begin soon on Cumberland’s new wastewater treatment system after the Village received a $7 million grant from federal and provincial governments
Comox manipulates sewage commission vote, residents cry foul on ‘repugnant’ tactic
In a move one observer called “repugnant,” Comox Councillor Ken Grant and Comox Mayor Russ Arnott moved a motion at the regional sewer commission Tuesday that they intended to vote against
CVRD assures Curtis Road residents, who seek BC intervention
Letters are flying between the “fed up” Curtis Road residents and the Comox Valley Regional District over odour, drinking water wells and other issues emanating from the Brent Road sewage treatment plant
Mistrust still evident between residents, sewage commission
Plagued by the odours of sewage from Courtenay and Comox residents for 34 years, the residents of Curtis Road returned to the regional sewage commission this week hoping for resolutions to their concerns, which they say now includes a threat to their drinking water wells and a visual blight on their neighborhood
“Stinking” sewage plant wafts back onto CVRD agenda
The Curtis Road Residents Association will press the Courtenay-Comox Sewage Commission again next week, this time on policy issues related to their decades-long battle to eliminate unpleasant odours from the system’s sewage treatment plant
I encourage anyone with an interest in this issue to read the following November 2013 CVRD document, “Odour issues – Comox Valley water pollution control centre”
https://www.comoxvalleyrd.ca/sites/default/files/docs/20131112_oakman_sr_cvwpcc_odour_issues.pdf
The document describes the CVRD response to a lawsuit launched by the Curtis Road Residents Committee 1985-1991. Following a lengthy legal battle, the CVRD settled out of court with the Curtis Road residents. As part of the settlement it was agreed that:
a) The regional district will cease composting at the CVWPCC and to this end agrees that it will cooperate with MOE and will avail itself of all reasonable means at its disposal to:
a. expedite approval by MOE of a plan to permanently remove composting from the plant; and
b. fund and construct the facilities thereby approved;
b) The regional district will install additional odour control systems at the plant on all influent channels, headworks, pre-aeration grit tanks, primary clarifier effluent weirs, aerated sludge holding tanks and the dewatering building, consisting of an odour control system which is at least as effective as a bio-filter and a packed tower wet chemical scrubber using sodium hypochlorite and sodium hydroxide, and of a design and capacity consistent with good engineering practice…
The settlement also included compensation to residents totaling more than $600,000.
Further, in recognition of the funds spent to date and in an effort to control any additional spending related to reducing odour, the regional district board adopted policy 5340-00 on June 26, 2006. This policy states that:
1) The regional district will not spend any further public funds in relation to odour control at the CVWPCC or the Comox Valley biosolids composting facility unless:
a) Staff become aware of new technology or enhancements to current technology that would result in a reduction in odours for a reasonable cost;
b) Staff become aware of new operating procedures that could result in a reduction in odours for a reasonable cost;
c) The level of odour emission is increasing beyond current levels to an extent that creates a materially increased odour level; or
d) There are modifications to the odour control system required as a result of an amendment to a statute or other enactment.
Given that:
1. The Comox Valley Regional District is currently undertaking a comprehensive Liquid Waste Management Plan;
2. The plan will likely result in changes to the waste treatment plant;
3. Those changes are likely to affect residents in the area;
4. The history of litigation involving the waste treatment plant; and
5. The commitment by the CVRD to manage odors from the plant and implement any new technologies that can reduce or eliminate odors.
It seems reasonable and prudent that those residents that are affected should have the voice of their elected representative on the Sewage Commission.
By refusing to include Area B representation on the Sewage Commission, the representatives from Comox are encouraging future litigation by the Curtis Road Residents. Also, if the legitimate concerns of Area B residents are not fairly considered, the Ministry of Environment may not approve the Liquid Waste Management Plan until they are dealt with, adding further delays and costs to the process.
The representatives from the Town of Comox are applying a double standard. Rules that govern nuisance odors in the Town of Comox don’t seem to apply to residents in Area B. The following is an excerpt from Town of Comox Public Nuisance Bylaw 1652.
PART THREE: NUISANCE
General Prohibitions
No person shall do any act, or cause or permit any act to be done, which constitutes a nuisance at law.
No person shall make or cause, or permit to be made or caused, any:
(a) vibration;
(b) odour;
(c) illumination;
(d) dust; or
(e) other matter
(f) in the Town, which disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort or convenience of any person or persons in the neighbourhood or in the vicinity.
Offence and Penalties
Any person who contravenes any provision of this bylaw is guilty of an offence and is liable upon summary conviction to a minimum fine of $200.00 and a maximum fine not exceeding $10,000.00 and the cost of prosecution.
Every day during which there is an infraction of this bylaw shall constitute a separate offence.
I shudder to consider what the cost to taxpayers would be if the Curtis Road Residents were able to apply the same fines to the Town of Comox. If they were to pursue litigation, they might use those fines as an appropriate formula for determining damages.
My sense is that it would be best for all concerned if the Sewage Commission included representation by Area B and make a sincere effort to deal with the concerns of the Curtis Road Residents.