The environmental contravention occurred at GFL Environmental Inc.’s Brackendale facility, according to a decision recently released from B.C.’s Ministry of Environment and Parks.

Located near the Squamish Landfill, the facility takes in, stores and processes municipal compost from the Resort Municipality of Whistler. That process produces concentrated liquid waste, known as leachate, that’s stored in ponds.

According to ministry data, in the year leading up to Feb. 14, 2024, GFL was found to be in continuous violation of provincial environmental regulations as leachate leaked into the nearby environment.

The decision from Kelly Mills, a director with the B.C. ministry, points to samples taken at an unlined settlement pond in 2023 showing copper levels in excess of contaminated sites regulation for drinking water.  “Acute exposure to copper can cause mortality in fish, amphibians and invertebrates while chronic exposure can affect growth, reproduction and survival,” states Mills.

The director also pointed to water samples taken during a 2018 environmental impact assessment that showed organic runoff from the site could negatively impact aquatic wildlife, especially salmon within the Cheekye River.

However, the company has argued that the leaked waste only posed a “limited and localized” impact on the environment. GFL said the nearest receiving water body, the Cheeky River, was 250 metres away, and that the penalty should be re-classified from a “major” to a “moderate” contravention.

The company also disputed the ministry’s reliance on tests that showed heavy metal levels in excess of Canadian drinking water standards. “These results do not support a finding of any ‘actual significant impact or very serious threat to the environment,’” said the company in submissions.

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The company also said the $22,0000 penalty was “too high” and should be reduced by $10,000.

Mills agreed there was no evidence of actual damage to the environment, and reduced the penalty to a “medium” contravention.

GFL said it has taken “considerable measures to improve the quality of stormwater at the site” but that “some metal exceedances” are still prevalent. As a result, the company said it would apply for a water discharge permit by Jan. 17, 2025. GFL has 30 days to either appeal the decision or pay the $22,200 penalty.

GFL, headquartered in Vaughan, Ont., is the fourth-largest environmental services company in North America, employing more than 20,000 people. The organization provides solid and liquid waste management, and soil remediation services throughout Canada and in more than half of American states.

Earlier this month, on January 7, GFL entered into a equity purchase agreement with several investment firms, limited corporations, limited partnerships and their subsidiaries — based in Delaware, Alberta, the United Kingdom and the Cayman Islands — to sell its environmental services business for $8 billion.