ONTARIO
NORMAL FARM PRACTICES PROTECTION BOARD
Vivian v Riar
1998 ONNFPPB 53
DATE OF DECISION:
1998-07-22
FILE NO.:
98-01
STATUTE:
Farming and Food Production Protection Act 1998
HEARING:
BETWEEN:
Diana Vivian -- Applicants
and
Balarj Singh Riar -- Respondents
REASONS FOR DECISION
This complaint by Ms. Vivian involves odours emanating from an incinerator utilized by the Respondents to dispose of dead hens. The barn owned by the Respondent Goldcrest Poultry Farms Limited ("Goldcrest") and the incinerator are located about three hundred feet west of the home rented by Ms. Vivian and her family. The complaint alleged that the manner in which the incinerator was used by the Respondents created odours which did not arise from a normal farm practice.
Goldcrest is the corporation which owns the poultry business. Mr. Riar is the president of Goldcrest and consented to the addition of Goldcrest as a party at the commencement of the hearing.
The Board heard the evidence presented by the parties in Clarington on July 17, 1998. Ms. Vivian and Mr. Riar testified. Additionally, the Board heard evidence from Robert Stone, and agricultural engineer employed by the Ontario Ministry of Agriculture, Food and Rural Affairs who had attended at the Goldcrest farm in response to an odour complaint.
The parties discussed their positions at the conclusion of the evidence and were able to negotiate a consent which is satisfactory to them. Within the consent, the parties came to an agreement as to the method through which the incinerator could be used without creating excessive odours. The Board agreed that the consent arranged between the parties was appropriate in the circumstances.
Accordingly, the Board concludes that the practices formerly utilized by Goldcrest and Mr. Riar for the operation of the incinerator were not normal farm practices.
In accordance with the consent executed by the parties, the Board orders Goldcrest and Riar to modify their practices as follows:
Goldcrest and Mr. Riar will use the freezer recently purchased by Goldcrest for the storage of dead birds on a day to day basis.
Goldcrest and Mr. Riar will incinerate birds only when a sufficient quantity of dead birds has accumulated to warrant the use of the incinerator. The incinerator shall not be used on more than three occasions each month.
Goldcrest and Mr. Riar are not to utilize the incinerator when the wind is blowing from west to east.
A copy of the consent executed by the parties is annexed to this decision as Schedule "A".
The Board commends Ms. Vivian and Mr. Riar for their willingness to compromise and to arrive at a solution to the odour issue on a consensual basis.