The New Brunswick government is allowing Coastal Shell Products to continue operating in Richibucto, a decision that has disappointed residents who've complained for years about a smell comparable to that of rotting seafood mixed with burned wires.

"My community is just absolutely devastated," said Maisie Rae McNaughton, founder of the "Stop the stink" campaign in Beaurivage — the governing entity that includes Richibucto — and a member of the Kent Clean Air Action Committee. 

"I wish I could show you the hurt that is happening in my community. I wish I could let you hear the phone calls and the messages that I received because people are just dismayed, they're heartbroken, they are just feeling completely uncared for."

Maisie Rae McNaughton, spokesperson for the Kent Clean Air Action Committee, said her community is disappointed with the province's renewal of the plant's operating licence. (Jon Collicott/CBC)

Formerly known as Omera Shells, the company has been operating in Richibucto since 2016 and describes itself on its website as a "crustacean shell drying facility." The plant heats and dries old lobster and snow-crab shells and shrimp skins that are then ground into a powder that's used for fertilizer and animal feed.

But since 2017, residents have filed hundreds of complaints, held protests, signed petitions, talked to politicians, and launched seven separate lawsuits against the company and its four owners.

McNaughton said she held out hope their concerns would be heard, and the province would not renew the company's operating licence, which expired Monday.

She said she thinks the company should be required to move the plant to another area where the smell won't affect nearby residents.

Instead she received an email from Environment Minister Gary Crossman on Monday afternoon, informing her his department was renewing Coastal Shell Products's operating licence but with conditions.

The first condition is it install new emissions technology before Nov. 30, or have its licence revoked.

The second condition will be that the company install new "odour control technology" at the plant before July 31, 2024.

It's unclear from the email whether the installation of new technology will in any way address the odour residents have complained about.

CBC News requested an interview with Crossman on Tuesday.

In his email to McNaughton, Crossman said department staff will continue to monitor odours from the plant through frequent site visits and odour surveys.

"While it is evident that some residents remain displeased with the facility operating in the region, Coastal Shells will continue to operate under an approval issued by [the department] as of August 1, 2023," Crossman said in his email.

Environment Minister Gary Crossman said in an email to McNaughton that department staff will continue to monitor odour from Coastal Shell Products. (CBC News file photo)

Crossman said the plant will continue to be restricted to operating only between 8 p.m. and 8 a.m., but suggested this could change once new equipment is installed and is effective in addressing the odour.

He said based on the results of numerous odour surveys, the department has not been able to "validate" odour concerns when the plant is not operating — a statement McNaughton strongly takes issue with.

"This past Sunday we couldn't even go outside all day because it was that bad," she said.

Company creating 'remediation plan'

Coastal Shell Products declined to do an interview with CBC News on Tuesday.

In an emailed statement attributed to its management team, the company avoided making any specific references to odours, but said it will be meeting new operating requirements by putting forward a "remediation plan to resolve the ongoing issue raised by some area residents."

"Coastal Shell Products wishes to work with the community towards a harmonious solution to current issues," the company said.

The company said it is willing to share how it plans to handle emissions with groups and individuals interested in listening to the plans.

"We're not interested in spending time with groups whose only goal is to shut our plant down and put all of our 26 local
employees out of work while leaving the seafood processing facility without a solution for their shell by-products."

As far back as 2017, residents were worried the smell may be harmful to their health. 

By 2019, one resident said it was bordering on "the edge of what is criminal and what is neglect. We have residents who have letters from their physicians stating the plant poses a health threat. With years to resolve the plant issues we have seen little in way of investment to improve the air quality."

In August 2019, someone wrote, "We had tourists from Quebec leave our area due to the smell last evening. I guess the six jobs are more important than an entire industry."

Promised jobs never materialized

In a government announcement in 2016, the company, then called Omera Shells before it relaunched as Coastal Shell Products, said it would create up to 74 jobs, but those never materialized. 

At the time, Opportunities NB said it was contributing $2.9 million in the form of a $440,000 payroll rebate and $2.5 million in term loans. 

The company report obtained by the Kent clean air group reveals that there are only six permanent staff, although more are hired temporarily during the drying season.

The package of information released by the province includes an internal email between government officials that revealed concerns for École Soleil Levant, the school on the same street as the plant.

T"And some teachers are strongly considering calling their union over this issue," the message said, "I think the recurrence of this issue and the impact on the school warrant returning the plant to [its] pre fall 2021 operating window. It would seem that it is a matter of time before the school is forced to close over this problem."

The Coastal Shell Products plant can be seen in the distance, beyond a stand of trees, from École Soleil Levant. Both are located on Morgan Street in Richibucto. (Google Street view)

Another resident wrote, "We cannot keep living like this. This is madness and a direct attack on human rights."

In a June 1 email to government officials, including Premier Blaine Higgs and Environment Minister Gary Crossman, a resident said it's time to shut down the plant. 

"The stigma the community is now receiving from this poorly planned infrastructural nightmare has and will continue to affect community growth, property values and the mental health of those who have to live with it," the resident wrote. 

Another complained that they were unable to sell their house because of the smell.

Another complainant said, "It's about time the environment does something about this or else Richibucto is going to be a ghost town."

"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 joins concerned citizens from Richibucto at the legislature in Fredericton on Tuesday. (Jon Collicott/CBC)

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." 

Claudette Robichaud, co-chair of the Kent Clean Air Action Committee, is one of seven Richibucto residents suing Coastal Shell Products and its owners. (Submitted by Claudette Robichaud)

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.

JoAnne Robichaud, chair of the Kent Clean Air Action Committee, said if the company wants to remain in business, it should move away from residential areas. (Submitted by JoAnne Robichaud)

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." 

Coastal Shell Products has been operating on Morgan Street in Richibucto since 2016. (Alexandre Silberman/CBC)

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."