Richibucto residents filed lawsuit against company they say is stinking up their town

Residents of Richibucto have been patient long enough, it's time to shut down Coastal Shell Products, says Kent North MLA Kevin Arseneau. 

"They've had the chance to fix it," he said of the company that operates in the small community, around 80 kilometres north of Moncton.

"They've been saying that they're gonna fix it for the past six years and I think they've had their time to do it. And so yes, at this point, I think the solution is that they need to close."

Arseneau made the case in the legislature on Tuesday, while a group of affected residents from the town looked on. They made the trip from Richibucto to hold a protest and to present a petition to have the company shut down. 

Arseneau said he will continue to work with government officials and with residents "to continue to put pressure" on the government. He said he'd like to see a stop-work order issued for the site. 

"And once they're gone, it's important to rezone that property." 

At the heart of the issue is "a planning error," said Arseneau. He said the property should never have been zoned for an operation with such a huge impact on its neighbours. 

Claudette Robichaud is one of those neighbours. She lives 400 metres from the plant and struggles to adequately convey how much it stinks when the plant is in operation, which is nightly from 8 p.m. to 8 a.m.

"It's so rotten, you can't stay outside, you'll vomit … in the space of maybe two or three minutes — it's that disgusting. It's like rotten shells mixed in with chemicals and almost like burning materials all mixed together." 

Residents got a two-day reprieve from the smell after the Environment Department shut the plant down last week. After the company submitted a plan to mitigate emissions, it was given the green light to resume operations Saturday.

Lawsuit alleges loss of enjoyment of property

Robichaud is one of seven Richibucto residents who filed a lawsuit in February against Coastal Shell Products and its four owners, Denis Albert, Stephane Boudreau, Louis Bourgeois and Omer Gaudet. 

The plaintiffs allege the company is emitting "noxious and offensive smells" and excessive noise and light that interfere with their ability to use and enjoy their property. 

"The matters complained of have caused annoyance, discomfort, distress and loss of amenity and the Plaintiff has thereby suffered and continues to suffer loss and damage," according to the statement of claim.

No one from Coastal Shell Products has responded to several interview requests, but they did file a statement of defence in March. 

In it, the company denies all accusations against it, including releasing any "noxious or offensive smells." 

They also deny emitting excessive noise and light and challenge the plaintiffs to prove any ill effects. 

Like lobster shells 'rotting in the sunshine'

JoAnne Robichaud, chair of the Kent Clean Air Action Committee and another plaintiff in the lawsuit against the company and its owners, has become adept at describing the smell, but says anyone who hasn't experienced it in person probably can't grasp how bad it is. 

"It's a combination of rotting shells on the lobster, crab or shrimp shells, rotting in the sunshine, with a mixture of rotten eggs." 

JoAnne, who is no relation to Claudette Robichaud, said several people have also complained to the Department of Public Safety. 

She said an investigator has visited the town and interviewed several people. A spokesperson for the department confirmed an investigation but declined further comment on Wednesday afternoon.

Initially the company promised dozens of good-paying jobs, but JoAnne said those jobs never materialized. 

"That never came to fruition. Never. There was never 70 people working there." 

She says she's never seen more than six or eight vehicles in the parking lot when the plan is in operation. 

Mayor Arnold Vautour believes there are about seven employees. He said the town "tried everything" to resolve the issue, but nothing has worked. 

"At the municipal level, we have no power to act," said Vautour. 

He said he receives calls and emails every day from citizens complaining about the smell. 

Vautour said the company has been given until the end of June to come up with a plan to mitigate the smell. He said he looks forward to hearing what it intends to do.

Residents such as Claudette Robichaud say there's only one solution and that's to stop operating in its present location.

"We've been so impacted by this industry that we can't live anymore. We can't enjoy our property, we can't do anything outside, we can't sell our house."

Robichaud said they would like to sell, but a real estate agent told them that even if they could sell their house, it would likely be far below its assessed value. 

"So we're stuck here even though we want to move, we can't."