Date of Mediation: December 9, 1996
Date of Report and Recommmendations: February 10, 1997
IN THE MATTER OF Sections 84, 85, 86 and 87 of the Environmental Protection and Enhancement Act, (S.A. 1992, ch. E-13.3 as amended);
IN THE MATTER OF an appeal filed by Land Petroleum International Inc., with respect to Environmental Protection Order No. 96-11 issued by Mr. David Lloyd, Inspector of Land Reclamation Division, Alberta Environmental Protection.
Cite as: Land Petroleum International Inc. v. Inspector of Land Reclamation Division, Alberta Environmental Protection
MEDIATION MEETING BEFORE
Dr. M. Anne Naeth
Appellant: Land Petroleum International Inc., represented by Mr. Robert Steinborn and Mr. Gable Bruiners
Other Parties: Inspector, Land Reclamation Division, Alberta Environmental Protection, represented by Mr. William McDonald (counsel);
Mr. David Lloyd and Mr. Bob Onciul, Land Reclamation Division, Alberta Environmental Protection
Land Owner: Mr. Fred Wegewitz
On September 23, 1996, Mr. Robert Steinborn, on behalf of Land Petroleum International Inc., (the Appellant), filed a Notice of Appeal with the Environmental Appeal Board regarding Environmental Protection Order No. 96-11 issued to Land Petroleum International Inc.. The Environmental Protection Order (EPO) was issued on September 16, 1996, by Mr. David Lloyd, Land Reclamation Division, Alberta Environmental Protection. Mr. Lloyd ordered that Land Petroleum International Inc. undertake the following to his satisfaction:
- The Operator shall reclaim the Road and the Pipeline according to the directions given in the Letter dated September 6, 1995 and the Notice dated May 18, 1994.
- The Operator shall complete the reclamation work on the Site no later than October 15, 1996.
- The Operator shall contact the Inspector at (403) 427-5701 at least two (2) working days prior to starting work on the site.
- The Operator shall contact the Inspector at (403) 427-5701 immediately upon completion of the work to arrange for an on-site inspection of the work.
- The Operator shall provide a written report to the Inspector detailing the work done on the Site with respect to the Order within 30 days of completion of the work.
The Board wrote to the Department of Environmental Protection on September 24, 1996, asking for a copy of all related correspondence, documents and material. On that same date, the Board wrote to the Natural Resources Conservation Board (NRCB) and the Alberta Energy and Utilities Board (AEUB) requesting both advise whether the matter was the subject of a public hearing or review under either of their Boards. The NRCB and AEUB both advised that this appeal did not deal with a matter that had been the subject of any hearing or review under their Boards.
The Board wrote to all parties on October 11, 1996, requesting written representations due by October 21, 1996. Written representations were subsequently received by all parties.
On October 30, 1996, the Board advised all parties that it would be conducting a mediation on December 9, 1996. The Board also advised that if the meeting did not result in the resolution of the issues in the appeal of Land Petroleum International Inc., the Board would determine those issues set out in Section 13 of the Environmental Appeal Board Regulation with respect to the (forthcoming) oral hearing.
THE MEDIATION MEETING
The mediation meeting was held on December 9, 1996, in Edmonton, Alberta and the facilitator from the Board was Dr. M. Anne Naeth.
According to the Board's standard practice, the Board called the mediation in an attempt to mediate or to facilitate the resolution of this appeal or, failing that, to make arrangements for the oral hearing. The Board invited representatives from each party to participate.
In conducting the mediation, Dr. Naeth provided a review of the appeal and mediation process and explained the purpose of the mediation meeting. She then circulated copies of the "Participants' Agreement to Mediate". In reviewing the document, all parties presented a willingness to enter into mediation, signed the agreement and the mediation continued.
The Appellant's agent expressed his client's concerns which were the basis of their appeal.
Following the discussion of several terms and conditions of mediation, the parties agreed to the following resolution of this appeal (see page 5 and 6 of this report). It was requested, however, by Land Petroleum International Inc. (LPII) that the agreement be held until December 20, 1996, while they review all financial obligations that may arise from this exercise.
On December 19, 1996, Mr. R. Steinborn wrote the Board requesting that the file be held in abeyance until May 1, 1997. The Board indicated that it would grant his request on the condition that there were no concerns from the other parties involved. On January 8, 1997, counsel for the Department wrote that the Director could not agree to placing the file in abeyance. LPII was advised of the concerns of the Department on January 10, 1997 and also told that the file would proceed to a hearing.
On January 20, 1997, Land Petroleum International advised that they would be willing to proceed to the agreement that was originally scheduled to be issued on December 20, 1996, if there were no concerns from the other parties. A new document was drafted and forwarded to the other parties. All parties agreed with the original resolution and the proper signatures were obtained.
The Board recommends that the Minister of Environmental Protection confirm the decision of the Inspector of Land Reclamation in Environmental Protection Order No. 96-11, subject to all of the conditions of the Resolution contained herein.
Further, with respect to section 92(2) and 93 of the Environmental Protection and Enhancement Act, the Board recommends that copies of this Report and Recommendations and of any decision by the Minister be sent to the following parties:
- Land Petroleum International Inc.
- Mr. William McDonald, Environmental Law Section, Alberta Justice, representing the Inspector, Land Reclamation Division, Alberta Environmental Protection, and
- Mr. Fred Wegewitz
Signed and Dated February 10, 1997, at Edmonton, Alberta.
Dr. M. Anne Naeth
I, Ty Lund, Minister of Environmental Protection, agree with the Recommendations of the Environmental Appeal Board and order that they be implemented.
Dated at Edmonton this 17th day of March, 1997.
Signed, Honourable Ty Lund
Minister of Environmental Protection