Decafnation archive photo of the Courtenay-Comox sewage treatment plant | George Le Masurier photo
Curtis Road residents threaten legal action over sewage commission failure on odour issues
This article was updated Nov. 6 to add further information from CAO Russell Dyson about financial planning for large expenses.
The Courtenay-Comox Sewage Commission has a sure-fire $8.5 million solution to the raw sewage odours that have plagued the Curtis Road neighborhood for 34 years, but it decided this week to spend another five months looking for a less expensive option.
That didn’t please the Curtis Road Residents Association who want a definitive decision from the commission by Nov. 15 to finally resolve the odour problem or they may pursue a legal recourse.
“While we appreciate that financing can take time, we have not heard, to date, any solid commitment from the commission that they intend to resolve the problem,” wrote Jenny Steel, spokesperson for the residents, in an email exchange after the meeting.
READ MORE: Previous stories on this issue
“That does not give (residents) a warm and fuzzy that you’re particularly committed to resolving the stink.”
Steel told the commission the CRRA plans “to take our campaign to the next level,” which includes lodging formal bylaw complaints and preparing for a new legal action against the Comox Valley Regional District.
Since the commission opened its sewage treatment plant in 1985 on property that borders Curtis Road, residents have suffered noxious odours that at times make their homes uninhabitable. Pleas for relief, including a previous successful lawsuit against the regional district, have made little difference, they say.
In 2018, the commission spent $2 million on a solution to “upgrade existing scrubbers and covering primary clarifiers.” But that did not solve the problem.
The commission now plans to spend $20,000 taking more odour measurements and studying what other BC governments have done to minimize the negative impacts of noxious odours on nearby homeowners.
Liquid Waste and Water Manager Kris LaRose told the commission this week that he’s “not disputing that odours from the plant are unacceptably high.”
And he believes two consultants’ reports are reliable that said covering the sewage plant’s three bioreactors would reduce odours in the Curtis Road area to a level below human detection.
But several factors prevent the commission from deciding to move ahead now.
One of those factors appears to be financial planning. CVRD’s Chief Administrative Officer Russell Dyson said the commission could not make a commitment to spend $8.5 million without an amendment to the regional district’s financial plan, and he said that could not be done before the CRRA’s Nov. 15 deadline.
“The alternative is for it to be considered as part of the 2020 budget which will be approved in March,” Dyson told Decafnation. “Given this level of expenditure, my advice was to follow the staff recommendation to do additional analysis and then consider (it) as part of the 2020 budget. The alternative would be to push through three readings by year’s end for a large expenditure that will have a lasting impact on the service.”
Dyson said the commission needs to find a way to improve the impacts of odour in a manner that respects the capacity of the ratepayers and the many financial challenges the service is facing, which include a new sewer conveyance system and treatment plant upgrades.
That led several commission directors to conclude that whether or not they voted to approve the $8.5 million expenditure now, it couldn’t be formally approved until spring, so that doing further studies would not delay the solution.
Jenny Steel, the spokesperson for the CRRA, said the regional district spends similar amounts with less analysis.
“To put this in perspective,” she told the commission in a prepared presentation, “you just spent $7.6 million to expand the composting facility, you approved $7.1 for the EQ Basin and (the) CVRD provided $9 million for the Cumberland Host Community Benefit.”
Cumberland’s host agreement is with the Comox-Strahcona Solid Waste service.
Steel said spending $8.5 million to finally resolve the sewage commission ongoing odour problem is a 45-year investment that will cost Courtenay and Comox taxpayers less than $5 per year.
“That’s less than two cans of Febreze,” she said.
Another factor is a disagreement over how low odour levels need to go.
Residents want odour levels reduced to one odour unit (OU) at the plant’s property line boundaries under normal operations but will accept five OU (a design limit) only when there are problems at the plant, such as a power outage or mechanical failure.
One OU is the standard used by the province of Ontario. BC has no province-wide odour standards.
The problem, according to LaRose, is that covering the three bioreactors at a cost of $8.5 million might be unnecessary. His data shows the move would reduce odour measurements down to 0.5 OU at sensitive receptors, which he called a “big step.”
“Is there something in the middle? That’s what we want to study further,” he said.
The Curtis Road residents are also disputing CVRD staff reports that claim the 2018 upgrades made a significant reduction in odour from measurements taken 2016.
A CVRD newsletter about the issue claims odour levels declined by 80 percent. But the residents say the CVRD’s own data shows the reduction was only 47 percent.
When Steel asked for the newsletter to be recalled, Dyson said the CVRD stands by the newsletter’s claims
“Interesting — CVRD senior management are content to push demonstrably erroneous and misleading information to the public,” Steel emailed back. “Absent any commitment in writing … you leave us no choice but to pursue other avenues to resolve this issue.”
Comox Commissioner Russ Arnott said he didn’t “take kindly” to be given a mid-November deadline.
“If we’re going to be ostracized in the press, let it happen,” he said. “I will vote in favor of the $8.5 million, but I won’t be scared into making a decision.”
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The article in today’s paper puts the odor in perspective. There is a composting facility near the Airport that is odorous. No one nearby is suing us-the taxpayers and ratepayers of the CVRD.
Canadians are so fortunate. Our Governments spends money, little on wars, but mostly on services. They borrow a lot of money to do this-the 2019 Federal borrowing deficit is $19.5 billions. Hard to imagine what this means to future generations, but someone will pay the Interest on that loan.
We owe more per capita in foreign debt than Greece. I think that stinks.
Phil, a concentration of 1 OU of waste water odour at sensitive receptors (i.e. our properties) is recognized by most jurisdictions as offensive and indicative of pollution. We’re sick of having our day to day lives impacted by the sewage of Comox and Courtenay. It would cost less than two cans of Febreze per person per year to fix this problem.
I respect that the CVRD wants to find a cost effective solution. About time.
I chose to live near the Air Base and the airplane noise can be very irritating. It is the way it is, and was, before I moved here.
The CVRD are investing taxpayers money(there is only one taxpayer who pays local, Provincial and Federal taxes) in a very expensive water treatment plant to treat Glacier fed, Comox Lake. It was not the most cost effective solution.
Two million dollars invested and a 47% reduction in odors seems like due diligence by Comox Valley Rate payers ,represented by the CVRD directors
Good luck with the lawsuit.
You think its OK for the smell from your sewage to wake folks up at night? Guess you’ve never heard of nuisance laws Phil.
Hi Jenny,
How about Glider tow planes-all day.Summer long.Rescue helicopters at night and huge military planes late and early.The Snowbirds -who would complain when Canada’s best are flying.Put in earplugs and move on.Engine testing at 2:00 AM.Not pleasant,And the Harley’s of the skies-the F18’s, letting all know they have arrived,and are leaving -full bore on the noise-deafening.
Nuisance laws do not apply.And they were not here first. On November 11th we will all remember why they are allowed to make noise.
We too hear some airport noise… but it doesn’t make you want to throw up. Are you suggesting we should walk around in gas masks? Nuisance bylaws do apply to odours… you can’t stink up your neighbours property.
Hi Jenny,
If I lived the zone of the sewage plant, I would fight for zero odors as well.
The CVRD, until the last few years was likely the wealthiest local government in the Province with reserves close to $70 millions and few assets or liabilities. Since then, they have committed to extremely expensive options for landfills and water treatment-state of the art, hugely expensive, options.They are the only local Government to invest $12.5millions in a new office building. They are big spenders. No longer the Richest in the Province, likely, anymore.
But I can understand the thinking that money is no object for zero odors, noting the recent spending record of the CVRD.
Here in Little River, we would just like our military neighbors with glider tow planes to invest a few thousand in mufflers for tow planes. Canadians already owe more per capita in foreign debt ,than Greece-what’s a few more thousand.
Well, Jenny Steel is a far more patient taxpayer than I. Were I a Curtis Road resident, I would have been in court a couple of decades ago. I spent about 2 years on one of those solid and liquid waste commissions, and before that I (successfully) completed about 18 courses on waste management for other projects. Comox Valley Nature had a great workshop/conference this month in which the topic of solid waste management popped up twice (I was counting). The solutions were actually indirectly discussed for about 20 seconds. (I don’t think anybody paid attention… too bad – just another case of attention deficit..) The solutions are not very difficult. They are unpalatable because they require that the source actually pay its their share, i.e. “polluter pays.” There are design solutions… or should I say “intelligent design solutions”. This fiasco suggests to me that the difficulty lies in “intelligence” at the commission. The solution is easy, the knobheads are just knobs, and that is why this will end up as yet another $1,000,000 lawsuit for the taxpayer to pay.