Decision Date: September 7, 2010

Panel: Alan Andison

Keywords:  Environmental Management Act – s. 81; pollution prevention order; consent order

Farmers’ Fresh Mushrooms Inc. appealed a pollution prevention order issued in November 2008 by the Director, Environmental Management Act, Ministry of Environment.  The order was issued to Farmers’ Fresh Mushrooms Inc., H.V. Truong Ltd., and A-1 Mushroom Substratum Ltd. in relation to an escape of agricultural and compost waste from a mushroom composting and growing facility located in Langley, BC.  The order required the three companies to cease all activities that were producing leachate at the facility, and to take a number of steps to prevent the escape of waste from the facility before mushroom composting and growing operations could resume.

H.V. Truong Ltd. and A-1 Mushroom Substratum Ltd. filed a separate joint appeal of the order.  The Board decided to hear all of the appeals together.

Before the appeals were heard, H.V. Truong Ltd. and A-1 Mushroom Substratum Ltd. requested that the appeals be held in abeyance for a period of time, to allow them time to make upgrades to the facility and complete other work required by the order.  The Board granted that request, along with two further requests from them to extend the period of abeyance.

In April 2010, Farmers’ Fresh Mushrooms Inc. advised the Board that it had not been involved in the mushroom composting and growing operations at the facility, and it was not involved in work being done to comply with the order.  It submitted that it should be removed from the order, so that the order would only apply to H.V. Truong Ltd. and A-1 Mushroom Substratum Ltd.  The Director did not oppose that request.  Subsequently, the parties negotiated an agreement to remove Farmers’ Fresh Mushrooms Inc. from the order.

By consent of the parties, the Board ordered that Farmers’ Fresh Mushrooms Inc. be removed from the order.

Accordingly, the appeal of Farmers’ Fresh Mushrooms Inc. was allowed, by consent.