Appeal No. 99-001


Date of Discontinuance of Proceedings - April 26, 1999


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);


IN THE MATTER OF Section 84 of the Environmental Protection and Enhancement Act, S.A. 1992 c.E-13.3, filed by Mr. Ronald Pernarowski, with respect to Amending Approval No. 1651-01-01, issued to Suncor Energy Inc. on December 31, 1998, by the Director of the Northeast Boreal Region, Alberta Environmental Protection.

Cite as: Pernarowski v. Director, Northeast Boreal Region, Alberta Environmental Protection re: Suncor Energy Inc.






[1] On December 31, 1998, the Director of the Northeast Boreal Region, Alberta Environmental Protection (Department), issued Amending Approval No. 1651-01-01 to Suncor Energy Inc. (Approval Holder), approving the operation and reclamation of the Burnt Lake in-situ heavy oil recovery plant.

[2] On January 15, 1999, the Environmental Appeal Board (Board) received a Notice of Appeal from Mr. Ronald Pernarowski (Appellant), advising that he objected to the issuance of Amending Approval No. 1651-01-01, pursuant to the Environmental Protection and Enhancement Act ("EPEA")(1). The following statement outlines the relief the Appellant seeks:

"The Act [sic]should be amended to include a regional air quality monitoring system to measure short/long term cumulative effects . . . per day/week/monthly/year to AEP. That total should therefore determine the acceptable levels. . . "

[3] The Board wrote to Mr. Ron Pernarowski on January 15, 1999, acknowledging receipt of his appeal and requesting information relating to this appeal from the Director. The Board also advised Suncor Energy Inc. on this same date that an appeal had been filed and provided them with a copy of Mr. Pernarowski's appeal.

[4] On February 16, 1999, the Board wrote to the Director again, and asked for information relating to this appeal. On March 5, 1999, the Board again wrote:

"Further to our letter of January 15, 1999 wherein the Board initially requested all related materials, your letter of January 27, 1999, and finally, the Board's letter of February 16, 1999, please provide all materials by the close of business on Friday, March 12, 1999."

[5] On March 12, 1999, the Board received the information from the Department and forwarded it to the Appellant and the Approval Holder.

[6] On March 16, 1999, the Board wrote to the Appellant, the Department and the Approval Holder seeking, among other things, comments on the following:

"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 April and May 1999. What would you contemplate to be the agenda for that meeting?"

[7] The Board received an email dated March 30, 1999, from the Appellant. Mr. Pernarowski states:

"Ple3ase (sic) be advised that I WILL be meeting with the AEP TEAM in Bonnyville on April 7th to discuss the above mentioned file. Please consider my appeal in abeyance until my meeting with AEP officials. In the event, that there is not a resolution on this file, I would like to have the option to continue with the appeal process and possible future mediation. . ."

[8] A letter was received by the Board on March 30, 1999, from the Department that stated:

"...We have no objects [sic] or concerns with Mr. Pernarowski's request to hold his appeal in abeyance until we can conclude our informal mediation discussions."

[9] On April 8, 1999, an email was received by the Board from the Appellant. He states in this email:

"... The meeting with the principals in Bonnyville was informative and helpful. Based on our discussions, it appears that my concerns regarding the cumulative long and short term effects of all the oil producers in the immediate area should be addressed at another forum. Therefore, I regret to inform you that baring any additional information or developments, I will be asking for a withdrawal of my appeal, effective the day after the tour of the Suncor operation..."

[10] On April 22, 1999, the Board received a letter dated April 21, 1999, from Mr. Pernarowski withdrawing the appeal. He stated:

"Please be advised that I wish to withdraw the above noted appeal.

I can advise you that I have met with Mr. Jay Nagendran, Regional Director, Northeast Boreal Region and staff from Alberta Environmental Protection. They have noted my concerns and have agreed to work to promote better relations with Suncor and local stakeholders. AEP has also to raise this issue of cumulative effects with Suncor.

. . ."



[11] Pursuant to Section 87(7) of the Environmental Protection and Enhancement Act, and based on Mr. Ronald Pernarowski's letter received on April 22, 1999, the Board hereby discontinues its proceedings in Appeal No. 99-001 and will be closing its file.

Dated April 26, 1999, at Edmonton, Alberta

Dr. William A. Tilleman



1. S.A. 1992, ch. E-13.3 as amended.

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