Appeal No. 00-012


Date of Decision - June 20, 2000

 

IN THE MATTER OF Sections 84, 85, and 87 of the Environmental Protection and Enhancement Act, (S.A. 1992, ch. E-13.3 as amended);

-and-

IN THE MATTER OF an appeal, filed by Mr. Vincent Murphy, Winterburn Oil and Gas Ltd. and Mr. Ted Brownless, Provost Petroleum Ltd., with respect to Environmental Protection Order No. 2000-03 issued, on March 29, 2000, to Winterburn Oil and Gas Ltd. and Provost Petroleum Ltd., by the Manager, Enforcement and Monitoring, Alberta Environment.

Cite as: Winterburn Oil and Gas Ltd. and Provost Petroleum Ltd v. Manager, Enforcement and Monitoring, Alberta Environment.


TABLE OF CONTENTS

BACKGROUND 1
DECISION 2


BACKGROUND

[1] On March 29, 2000, the Manager, Enforcement and Monitoring, Alberta Environment (Department), issued Environmental Protection Order No. 2000-03 to Winterburn Oil and Gas Ltd. and Provost Petroleum Ltd. (Appellants). The Environmental Protection Order was issued with respect to the incomplete remediation of a pipeline release of oil and water.

[2] On April 7, 2000, the Environmental Appeal Board (Board) received a Notice of Appeal dated April 7, 2000 from the Appellants, objecting to the Enforcement Order.

[3] On April 10, 2000, the Board acknowledged receipt of the Notice of Appeal from Mr. Murphy and Mr. Brownless and, on that same date requested a copy of all correspondence, documents, and materials relative to the appeal from the Department.

[4] According to standard practice, on April 10, 2000, the Board wrote to the Natural Resources Conservation Board (NRCB) and the Alberta Energy and Utilities Board (AEUB) asking whether this matter had been the subject of a hearing or review under their respective Boards' legislation. A reply was subsequently received from the NRCB on April 12, 2000 stating that they did not hold any hearing or review under their respective legislation.

[5] On May 1, 2000, copies of the documents requested by the Board were provided by the Department and copies were forwarded to Mr. Murphy and Mr. Brownless with a letter dated May 3, 2000. In the May 3, 2000 letter to the parties, the Board asked the parties if they wished to have a mediation meeting under section 11 of the Environmental Appeal Board Regulation(1), a preliminary meeting or an appeal hearing and if there were any other persons who may have an interest in the appeal.

[6] In this same letter of May 3, 2000, the parties were requested to provide their written representations to the Board by May 23, 2000, and were also cautioned as follows:

"A WORD OF CAUTION

You should be aware that the Board has the ability to dismiss an appeal if you do not provide us with all of the information which we need and which we seek at this time. Accordingly, please answer all of the questions as thoroughly as possible and send them to this office within the deadline. Failure to respond to this request may result in the Board's dismissal of your appeal.

[7] Subsequently, on May 18, 2000, a letter was received from the Department providing their available dates for a preliminary meeting. No response was received from the Appellants.

[8] On May 29, 2000, the Board again wrote to the Appellants requesting that the Appellants provide their written representations, to the Board, by the close of business on June 2, 2000. No response was received.

[9] On June 5, 2000, the Board telephoned the Appellants requesting a response. On June 6, 2000, Mr. Murphy returned the Board's telephone call and was advised that their submission was due by June 9, 2000, or the appeal may be dismissed.

[10] On June 12 and 15, 2000, further attempts were made by the Board to contact the Appellants. No response was received.

DECISION

[11] Pursuant to section 87(5)(a)(ii) of the Environmental Protection and Enhancement Act, the Board may dismiss a Notice of Appeal when the person who submitted the Notice of Appeal fails to comply with a written notice under section 85.

[12] The Board hereby exercises its discretion and dismisses the Notice of Appeal filed by Mr. Vincent Murphy of Winterburn Oil and Gas Ltd. and Mr. Ted Brownless of Provost Petroleum Ltd. for having failed to comply with the Boards written request under section 85 of the Act.

Dated June 20, 2000 at Edmonton, Alberta

 

Dr. William A. Tilleman


 

FOOTNOTES

1. AR 114/93.

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