Peat moss company fined for failing to comply
Charges against Northern Peat Ltd. stem from 2015 inspections by fisheries officer
SUMMERSIDE, P.E.I. – A P.E.I. peat mining company has been fined for failing to comply with an order from a Department of Fisheries and Oceans (DFO) inspector.
Northern Peat Ltd., based in East Bideford, had been scheduled to go to trial Jan. 23. on two charges under the Fisheries Act.
The charges included one count of allowing a deleterious substance (peat moss) to be deposited in water frequented by fish (Shea’s Pond) and one count of failing to follow the direction of an DFO inspector.
However, before the trial could start, the Crown and defence reached a settlement. The charge relating to letting peat moss into Shea’s Pond was dropped, and the company pleaded guilty to failing to comply with an inspector’s directive.
Northern Peat was fined $5,000 and issued a further order under the Fisheries Act to make several upgrades to its water management infrastructure, designed to prevent the future release of peat moss into nearby waterways. The company has until July 31, 2024, to comply with the order and pay the fine.
The money will be credited to the federal environment damages fund, to help with the conservation and protection of fish and fish habitat.
ONGOING ISSUE
Northern Peat Ltd. was charged in 2018, but the original directives from DFO were issued in 2015.
According to the case’s agreed statement of facts, on Nov. 10, 2015, DFO conducted a site inspection of the company’s operations and noted that its water holding ponds were at capacity.
The ponds are used to allow sediment from peat moss extraction to settle before the remaining water flows offsite.
The officer directed the company to excavate the ponds to increase capacity and to retain an expert to develop a site management plan.
The company initially complied. It obtained a site management plan and started excavating the holding ponds.
But during a followup visit by DFO in July 2016, it was noted that the ponds were still at capacity.
There were subsequent visits and directives by inspectors throughout 2016 which found faults with the company’s efforts to comply with previous orders and operational guidelines.
Finally, in early June 2018, DFO ordered the company and its on-site manager to take measures to prevent the release of peat moss into Shea’s Brook.
There were several followup visits throughout the month, but the company was still found to be noncompliant with its operational guidelines and finally was charged.