Through the Agency's investigation, it was discovered that the Town of Halifax's road crew replaced a bridge over Tucker Brook with a culvert. This was done without a permit or erosion control measures, and a discharge to the brook resulted.

The matter came to light as a result of a citizen complaint that was investigated by Environmental Enforcement Officer Tim McNamara. His investigation also revealed that the town was issued a Notice of Alleged Violation in 1999 for a similar violation. In it, a compliance directive was issued ordering the town to obtain necessary permits prior to future stream or stream bank work. After this investigation was completed, the town was notified of the violations and agreed to settle the matter.

The settlement was reduced to an assurance of discontinuance and was so ordered by the Environmental Court on July 17, 2002. In it, the Town of Halifax agreed to work with the Agency of Transportation to ensure that the newly installed culvert is properly sized. The town will also consult with a fisheries biologist to ensure that this culvert can accommodate fish movement. If it is not adequate, the necessary permits will be obtained and it will be replaced with a properly sized one. It was also agreed that a $2,450 supplemental environmental project will be funded.

Involved Program: Water Quality Division of the Department of Environmental Conservation

Environmental Enforcement Officer: Tim MacNamara

For Further Information please contact:
Attorney Gary Kessler at 802-241 3820