The applicant, a neighbouring property owner, brought an application under the Farm Practices Protection Act complaining of dust and noise from the respondent's grain handling and storage operation.
The Board found that while the noise level was reasonable, the quantity and type of dust emitted, specifically 'red dog', constituted an unacceptable nuisance.
The Board determined that several of the respondent's practices, including the lack of a containment area for dust and the failure to use flexible sleeves on augers and downspouts, did not represent normal farm practices given the unusually close proximity of the operation to the applicant's residence.
The Board ordered the respondent to undertake remedial work to reduce dust emissions.