NEEPAWA, Man. – A local farm family says it got more than it bargained for after accepting manure from a hog processing plant here.
Terry and Carolyn Payjack thought the manure would be ideal fertilizer for their farm on the outskirts of this northwestern Manitoba farm. Their view began to change when they tried to spread the organic fertilizer.
The manure was riddled with an assortment of dead pigs and other garbage, said Carolyn. Rubber boots, hammers, baler twine, cement blocks and a television set were among the trash embedded in the manure, she said.
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“The baler twine was the worst. It was just full of twine.”
The Payjacks began accepting the manure from Springhill Farms in 1994. Springhill, one of the largest hog processing plants in Manitoba, paid to have the manure delivered at no cost to the Payjacks.
Garbage kept coming
But when the Payjacks discovered what was mixed in the manure, they asked Springhill Farms to halt the deliveries. The Payjacks said the deliveries kept coming even after that request and did not stop until the fall of 1996.
About a third of the manure hauled to their farm was still in a pile last year because they say they were unable to spread it. The Payjacks wanted Springhill Farms to remove the pile at the processing plant’s expense. That led to talks between the Payjacks, Springhill Farms, Manitoba Environment and the local municipality.
Carolyn said either the municipality or the province ruled out hauling the waste to the landfill. Due to the high water table at the Payjack farm, the manure could not be buried without violating environmental laws.
There was also mention of moving the manure to a neighbor’s farm, but the Payjacks say that did not seem to be a practical option.
“If it’s not suitable for us to use, why would you dump it on another farmer?” Carolyn asked.
The Payjacks are now suing Springhill Farms for damages, including the extra time spent spreading the manure and gathering garbage from their pasture.
Off to court
Springhill Farms would not comment, since the issue appears headed for the courts. Its lawyer also would not comment, other than to say he just took over the case and does not expect to file statement of defence for several weeks.
Arvyn Gray of Manitoba Environment was surprised last week to learn that the matter may now be fought in court.
Gray agreed last week that “there was quite a lot of debris” that should not have been mixed with the manure. However, he did not remember seeing any pig carcasses in it.
Although he could have used the province’s environment act, Gray said he encouraged the parties to reach a compromise.
If charges had been laid under the environment act, they may have gone against the Payjacks. Gray suggested there was an onus on the farm family to ensure garbage wasn’t in the manure hauled from Springhill Farms.
It is illegal in Manitoba to operate a waste disposal ground without a permit. Although the hog manure would be exempt from that law, the garbage that came with it would not.
A statement of claim has already been filed on the Payjacks’ behalf. Their lawyer, John Krowina, alleges that Springhill Farms breached the environment act by leaving dead pigs in the manure delivered to the Payjacks.
Carolyn said her husband was fired from a construction job last fall at Springhill Farms almost immediately after Springhill discovered that he was working on the expansion project.
