The Rural Voice, 2000-03, Page 431
Agrilaw
to promote use of new technology so
as to reduce agricultural disturbance,
in dismissing the application, the
Board did comment:
"We have somewhat reluctantly
concluded that the odours created
by the respondent are consistent
with normal farm practice ...
However, the conventional Phase I
process is only marginally
acceptable in 1999. We are
disappointed that the mushroom
industry in Ontario does not •
appear to take a leading role in the
development of technology which
would reduce the production of
anaerobic gases. We strongly urge
the mushroom industry to expend
the money that is necessary to
develop aerated floor and
biofilters in mushroom production
within Ontario. Otherwise, the
entire industry may be adversely
affected by a future ruling of this
board which may conclude that the
standard of normal farm practice
has shifted from conventional
Phase I production to aerated floor
and biofilter technology."
Questions to ponder: does the
Board's decision appropriately
balance the needs of the agricultural
community with the health and
environmental concerns of the
production facility neighbours where
the technology exists and is being
used elsewhere to eliminate this
disturbance? If not, should the
Board's mandate include encouraging
the use of new technology to limit
agricultural disturbance'?0
Agrilaw is a syndicated column
produced by the full service London
law firm of Cohen Highley Vogel &
Dawson. Paul G. Vogel, a partner in
the firm, practices in the area of
commercial litigation and
environmental law. Agrilaw is
intended to provide information to
farmers on subjects of interest and
importance. The opinions expressed
are not intended as legal advice.
Before acting on any information
contained in Agrilaw, readers should
obtain legal advice with respect to
their own particular circumstances.
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MARCH 2000 41