Appeal in Otter Lake landfill water quality case dismissed

A Nova Scotia Supreme Court judge has thrown cold water on a bid by the Crown to appeal a lower court ruling that found there was no evidence Halifax breached water-quality standards at its Otter Lake landfill.

In February 2014the city was charged under the Environmental Act, accused of allowing too much sediment inwater being discharged from the landfill into nearby Nine Mile River.

The province's Environment Departmentissued a $693.95 ticket against the city.

• Otter Lake landfill ticket leads to battle between Halifax, province

In January 2015, provincial court Judge Bill Digbytossed the chargeand saidthere was no evidence to support allegationsthe facility had exceededsurface water standards.

The Crown appealed in July 2015 and asked for a new trial, alleging the city breacheda condition of the facility's operations approval.

The condition in questionoutlineshow often surface water samples shouldbe taken and the allowed maximums of total suspended solids or sediment.

In adecision released Tuesday, JusticePatrick Duncan agreed with Digbythere wasn't proof that muddy surface water was entering Nine Mile River.

Duncan also questioned the wording of the condition the Crown had zeroed in on. In his decision, Duncan saidthesection "is not certain and not clear in its meaning."

"The text could support the interpretations offered by either the Crown or the respondent," he wrote.

Duncan dismissed the appeal and saidthe approvalcondition isn't specific enough to support the Crown's appeal.

He saidthe province can regulate Otter Lake's environmental conditions "without affixing quasi-criminal liability."