City sues Samborski Environmental, says it owes $72K in dumping fees
Company previously sued province for allegedly removing compost from land after smell complaints
The City of Winnipeg is suing Samborski Environmental after it says the Oak Bluff, Man. composting company went years without paying thousands in dumping fees.
The city claims Samborski owes more than $72,000 for disposing materials at the Brady Road Resource Management Facility, also known as the Brady Road landfill, between Sept. 13, 2010 and June 7, 2011.
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None of the city's allegations have been proven in court and both Samborski Environmental and the City of Winnipeg declined to comment on this story.
Samborski has yet to file a statement of defence.
The city alleges monthly invoices were issued to Samborski, totalling $95,799. Samborski paid the city $23,777 and the unpaid balance, not including interest, adds up to $72,022.
Samborski entered into a contract with the city to dispose of waste and the city says it has the right to collect any unpaid amounts with interest, according to the statement of claim.
Court documents do not say what materials Samborski dumped at the Brady Road landfill.
Deemed a pollutant
Formerly known as Samborski Garden Supplies, Samborski Environmental describes itself as a 90-year-old, fourth-generation business which creates high-grade compost by diverting organic materials from landfills.
In 2010, residents in Winnipeg's Whyte Ridge neighbourhood, a residential community just east of the company's lot, complained about the smell of its composting operations. The province reported more than 500 negative comments about the odour from 2009 to 2014.
In 2010, one resident told CBC the area smelled "absolutely putrid," similar to garbage.
The company had been collecting organic waste from businesses — including the MTS Centre, Costco and numerous restaurants.
On its website, Samborski says it accepts fruit and vegetable waste along with eggshells, meat and fish, dairy products and bones.
Later in 2010, Manitoba ordered Samborski to cease composting operations due to the odour and a lack of an environmental licence. The company was again ordered to stop composting in 2012.
In 2013, the province hit Samborski with an order to relocate its compost operations to another site.
In 2014, after conducting interviews and inspecting Samborski's operations, the province deemed the compost a pollutant under the Environmental Act.
The province says environmental protection orders are issued to prevent or mitigate the effects pollutants may have on the environment and human health.
After Samborski appealed, the court upheld the province's order and required the company to move its compost operations.
In 2013, the province said both parties agreed to move all new compost to a facility near Winkler, Man. and practice odour suppression on the existing compost. According to Samborski's website, the company moved its compost operation just a few kilometres to the south of its old site, opposite the Brady Road landfill.
In 2015, the province said Samborski had "failed to demonstrate satisfactory progress" in relocating its compost operations, so it hired contractors to move the material away from the site. The province said it would seek funds from the company to cover the costs of removing the compost.
In January 2016, Samborski sued the province of Manitoba for $24,000 in losses after contractors removed 600 cubic metres of compost material from its site — which the company said was worth $40 per cubic yard. The case is still before the courts.
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