Abbotsford, B.C., contractor wins appeal over foam in creek

A contractor in Abbotsford, B.C., has won an appeal with the province's Environmental Appeal Board (EAB) after its use of laundry detergent on roofs led to foam forming in a nearby creek.

In April 2021, MKY Holdings used powdered laundry detergent on the roofs of multiple homes in Abbotsford's Auguston neighbourhood in order to control moss.

The detergent blew off the roofs and ended up in residents' yards and gardens as well as nearby Clayburn Creek, prompting an investigation by authorities after concerns over wildlife and fish populations.

One of those authorities, the provincial Ministry of the Environment, fined MKY $8,900 after it ruled that the contractor had contravened the Integrated Pest Management Act (IPMA) by using an unregistered pesticide in the form of laundry detergent.

But the EAB panel found the detergent cannot be classified as a pesticide under the act, meaning the penalty is null and void.

"I find it is more likely than not that the [detergent] is a widely distributed product that is advertised for use as a laundry detergent, and there is insufficient evidence to show that it is marketed or sold as a pesticide or pest control product," reads a decision by EAB panel chair David Bird.

The panel disagreed with the province's argument that the amount of detergent used in April 2021, as well as its use to remove moss, meant it could be categorized as an unregulated pesticide.

"Were the interpretation of the [province] followed here, it would result in the absurdity of a substance, which is not a pesticide, briefly becoming a pesticide during its use before ceasing to be a pesticide once that use was complete," the panel wrote.

The panel found that MKY used approximately 290 kilograms of the common laundry detergent to remove moss from the roofs of a strata complex located close to Clayburn Creek on April 23 and April 26, 2021.

In the decision, the panel says MKY's proprietor expected rainfall to "activate" the detergent and kill the root system of the moss.

The anticipated rainfall caused residue to flow into the nearby creek and large piles of foam to form — some of them described as being nearly eight feet (2.4 metres) tall.

MKY attempted to mitigate the impact of the foam in the days after the detergent use, according to the decision, hiring a septic tank service vehicle to vacuum the residue from the strata complex's drain systems.

The foam led to major concerns for the fish population in Clayburn Creek, with both municipal and federal authorities also saying at the time that they would look into the case.

The EAB panel says the IPMA was not the only regulation that the province could have used in order to fine MKY, with the contractor also potentially running afoul of the Environmental Management Act and Water Sustainability Act.