Date of Report and Recommendations - August 26, 1997
IN THE MATTER OF Sections 84, 85, 87, 91, 92(2), 93, 213(e) and 223 of the Environmental Protection and Enhancement Act, (S.A. 1992, ch. E-13.3 as amended);
IN THE MATTER OF an appeal filed by Mr. Ian Macdonald of AT Plastics Inc. against an administrative penalty issued on May 2, 1997, by the Director of Pollution Control, Alberta Environmental Protection to AT Plastics Inc. for the contravention of Section 213(e) of the Environmental Protection and Enhancement Act.
Cite as: AT Plastics Inc. v. Director of Pollution Control, Alberta Environmental Protection
On May 29, 1997, Mr. Ian Macdonald of AT Plastics Inc. (the Appellant) filed a Notice of Appeal dated May 8, 1997, with the Environmental Appeal Board (the Board). The appeal relates to an administrative penalty assessed on May 2, 1997, for the contravention of Section 213(e) of the Environmental Protection and Enhancement Act (the Act). According to the Notice of Administrative Penalty, the contravention was that:
AT Plastics Inc. failed to conduct fish bioassay tests in the manner and frequency as required by their Licence-to-Operate.
In result, AT Plastics Inc., received a preliminary assessment from the Pollution Control Division of Alberta Environmental Protection (the Department) of $28,675.00, and a final assessment of $28,175.00. The Appellant appealed pursuant to Section 84 of the Act for a reduction of the administrative penalty.
The Board wrote to the Department on May 29, 1997, to request copies of all related correspondence, documents and materials. All requested correspondence was received from the Department and a copy was sent to the Appellant on June 13, 1997. Along with the information sent, the Board requested comments to the following procedural issues from the Appellant and the Department:
1. In the event that the Board decides to proceed with this appeal, do you wish to have a mediation meeting under section 11 of the Environmental Appeal Board Regulation? If so, please provide your available dates for July 1997, and what you would contemplate to be the agenda for that meeting?
2. In your opinion, are there any other persons who have an interest in this matter?
On June 20, 1997, the Appellant requested an extension to the filing of written representations and advised the Board that a tentative meeting has been arranged with the Department where discussions would be taking place. The Board granted an extension and requested the parties to provide information on the status of the appeal by July 28, 1997.
The Department advised the Board on July 28, 1997, of the following:
"Further to your letter of June 25, 1997, I am instructed to advise that officials of AT Plastics Inc. (AT) met with officials of Alberta Environmental Protection (AEP) on July 2, 1997. At that meeting, AT provided further information which is being evaluated.
. . .
Tom Dickson, Compliance Analyst for AEP advises that I.S. McDonald [sic] of AT has consented that the matter go over to August 18, 1997 to advise of the current status and to set a date for hearing, if necessary."
On July 28, 1997, the Appellant advised the Board that a meeting was held with the Pollution Control Division of Alberta Environmental Protection, where additional information and data was submitted. A request was made by the Appellant for a further extension to the filing of written representations to August 18, 1997. An extension was granted and the Board requested the parties to provide information on the status of the appeal by August 18, 1997.
The Department advised the Board on August 18, 1997, of the following:
"I am instructed to advise that this matter appears to be close to resolution and would ask that the appeal be held in abeyance until August 22, 1997.
. . .
Please advise if an extension to August 22, 1997 is acceptable to the Board."
The Board granted the extension and requested the parties to provide information on the status of the appeal by August 22, 1997.
On August 22, 1997, the parties provided the Board with a resolution of the appeal (see pages 4 to 7 of this report).
The Board recommends that the Minister of Environmental Protection confirm the decision of the Director of Pollution Control in Administrative Penalty No. 97/06-PCD-97-10, 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:
- Mr. Ian Macdonald of AT Plastics Inc.
- Mr. Stan Rutwind, Environmental Law Section, Alberta Justice, representing the Director, Pollution Control Division, Alberta Environmental Protection
Dated August 26, 1997, at Edmonton, Alberta.
Dr. William A. Tilleman, Chair
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 02 day of September 1997
Honourable Ty Lund
Minister of Environmental Protection