Tue | Aug 22, 2017

Appleton attorney to continue submissions in injunction case

Published:Friday | March 4, 2016 | 3:40 AMBarbara Gayle, Justice Coordinator

Attorney-at-law Patrick Foster is to continue his submission in the Court of Appeal this morning at the hearing into the injunction which has halted operations at the Appleton Estates in St Elizabeth.

The order, which was granted to fish producer, Algix Jamaica Limited, bars Appleton Estates from discharging effluent that does not meet trade standards into two rivers, including the Black River, in the parish pending the resolution of the lawsuit.

Algix has argued that effluent from Appleton Estates was entering its fish farm and that this has affected its business.

But, in court yesterday, Foster, who is representing J Wray and Nephew, the operators of Appleton, argued that there was no evidence to indicate that effluent entered Black River from Appleton Estate.

He further said there are other businesses along the river that put organic material in the water and therefore the court should not have granted the injunction to Algix.

He said J. Wray and Nephew conducted tests at the time Algix claimed that there was a fish kill in the river and the tests showed that the dissolved oxygen level in the river could sustain fish and other aquatic life.

The attorney pointed out that the injunction requires Appleton to immediately comply with environmental standards set out in the Waste Water Regulations adding that this has caused the closure of its production facility.

Foster said Appleton was working on a compliance plan with the National Environment and Planning Agency to gradually meet the standards.

He argued that Appleton could not meet them over overnight and would need time.