City of Kelowna Sues Local Metal Recycler over Soil Contamination

Beginning in February 2023, the city excavated the contaminated area and disposed of the materials.

SEATTLE (Scrap Monster): The City of Kelowna is looking to recoup the more than $100,000 it spent cleaning up soil and groundwater contamination at the base of Knox Mountain that it says was caused by a local metal recycling company.

In a lawsuit filed last week, the city says it was forced to excavate a city-owned area below Royal View Drive to remove and dispose of soil that had been contaminated with hydrocarbons, lead, molybdenum, iron, copper, chromium, zinc, metallic debris and other garbage.

Additionally, the city says it was forced to investigate and treat the groundwater in the area as well, as it had also become contaminated.

The suit claims the work has so far cost about $110,000, which will continue to increase as further environmental monitoring and possible remediation work will be required.

The City points the blame at Knox Mountain Metals, located at 930 Bay Avenue, and its subsidiary Active Metal Traders, saying they are responsible for the leeching of the contaminants into the nearby soil.

“The Defendants ... failed to keep the Contaminants from entering, carelessly introduced, or in the alternative, carelessly handled, used or disposed of metals and electronics, which allowed or caused the Contaminants to enter the soil and groundwater of neighbouring properties,” the city's lawsuit claims.

The suit says Knox Mountain Metals, which also offers battery and appliance recycling services, has been licensed as a metal recycling business in Kelowna since about 1995.

The contamination in the area was first suspected in November 2022, shortly after stabilization work began on the slope below Royal View Drive. Sampling was conducted in December 2022 and the results showed a number of contaminants.

The area was determined to be a “contaminated site” under the Environment Management Act and B.C.'s Contaminated Site Regulation.

Beginning in February 2023, the city excavated the contaminated area and disposed of the materials.

The city claims that the negligence of Knox Mountain Metals led to the contamination and the company should be held liable for the cost of the cleanup. Additionally, the city is seeking damages for the interference with the use and enjoyment of the city's land and the diminution in value of the property.

Neither Knox Mountain Metals nor Active Metal Traders have filed formal responses to the City of Kelowna's lawsuit. The city's allegations have not been tested in court.

 Courtesy: www.castanet.net

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