The City of Richmond has filed a petition in B.C. Supreme Court to shut down Ecowaste’s landfill and recycling operations in 16 months unless they apply to rezone their property.
The demolition waste landfill in east Richmond was pulled out of the Agricultural Land Reserve (ALR) by the provincial government two years ago.
The city argues, in its petition to the court, Ecowaste, also known as Montrose Properties, should apply to rezone its landfill property since it’s no longer under the jurisdiction of the Agricultural Land Commission and all conditions imposed by that body have lapsed.
This includes height restrictions, operating terms and remediation requirements after it permanently ceases operation (remediation included restoring it to farmable land).
Montrose/Ecowaste president and CEO Ken Low told the Richmond News they are “fully cooperating” with the City of Richmond, and their focus is to work collaboratively with city staff to find a resolution “…and we are confident we and the city can resolve any outstanding issues.”
While the property is no longer in the ALR, it is still zoned by the City of Richmond as AG1 (agricultural), which doesn’t allow for landfill operations.
“It is the city’s position that when the land was removed from the ALR, then any temporary immunity Montrose may have had in relation to the city’s regulatory authority over land use ceased to exist, and the land was clearly subject to the city’s zoning bylaw,” reads the city’s petition to the court.
In the petition, the city claims Ecowaste/Montrose “has taken the position” that the zoning bylaw doesn’t apply to its landfill and recycling operation to bring it into compliance.
However, Low said they do plan to submit a “zoning text amendment” as requested by the City of Richmond.
He added Montrose/Ecowaste believes it has been operating “in compliance with permits issued under the Environmental Management Act.”
“Differences of opinion can arise in the normal course of business, but our goal is to work constructively with the city to align the jurisdiction of the governments involved and to continue providing Metro Vancouver’s only private and permitted construction and demolition waste and recycling centre,” Low said in an email to the News.
Low notes Ecowaste/Montrose has always had a “strong and long-standing relationship” with the city and Richmond residents.
In its petition, the city is asking for a declaration that Ecowaste is operating “in contravention of the zoning bylaw.”
The city is also asking for a 16-month suspended injunction to give Ecowaste time to apply for rezoning.
On Saturday, Low said they hadn’t been served with the petition yet although they had been made aware in a meeting with the city about possible legal proceedings.
The petition was filed in B.C. Supreme Court on Wednesday, March 5.
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