Sydney man given one month to inspect property

A Sydney man has been given one month to comply with a directive from the provincial environment department to inspect his property for possible oil contamination.

Tan Phuc Nguyen, 67, of Green Road, pleaded Thursday to failing to comply with a department directive that he hire a site professional to investigate possible contamination coming from his property.

Through a Vietnamese interpreter, Nguyen, who was self-represented, explained to provincial court Judge Ann Marie MacInnes that he is mistrustful of government officials and checked his property himself and found no presence of oil.

“When I received the directive, I was not fully understanding what was being asked,” he said, adding he’s had bad experiences in the past with government officials and did not trust what department investigators were asking of him.

He did not elaborate on his former dealings with Canadian government officials that resulted in his mistrust.

“I suspected bad things again from government officials,” he said.

Nguyen was scheduled to stand trial on the charge but instead entered a guilty plea.

The department was notified of possible contamination in 2017 when oil began to appear in water sources on the street such as puddles.

Nguyen said he wrote to a Cape Breton Regional Municipality councillor asking for assistance in the matter and later hired a Glace Bay based contractor to clean the property.

He said the councillor advised that the Glace Bay company may not be properly accredited for such work.

The department eventually filed three directives with Nguyen and fined him just over $800 with failing to comply.

Nguyen also admitted the source of the oil could have resulted after he changed engines on his lobster boat in his driveway.

He estimated only about half a litre may have spilled out.

Prosecutor Steve Drake stressed that environment department officials have no indication anything was done to correct the problem and only want Nguyen to bring himself into compliance.

In her ruling, MacInnes said he was not accepting Nguyen’s explanation as a valid excuse noting department officials were only trying to do their job.

She said it is up to investigators to ensure the area is safe for children to play, others to plant gardens and ensure the contamination isn’t seeping into water tables.

“This could have been resolved had you done what was required,” she said, adding the law does not allow an accused to decide what is the appropriate action.

Nguyen agreed to sign an order mandating he comply with the directive by Aug. 26 in accordance with the conditions spelled out in the Contaminated Sites Regulations which also include reporting provisions to department staff.

Drake said the Crown will furnish Nguyen with a list of approved site professionals from which he can choose to hire. The Crown also withdrew the ticket issued for failing to comply.