Appeal No. 99-127

 

Date of Discontinuance of Proceedings - May 19, 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);

-and-

IN THE MATTER OF Section 84 of the Environmental Protection and Enhancement Act, S.A. 1992 c.E-13.3, filed by Mr. Russell J. Johnston of AT Plastics Inc, with respect to Environmental Protection Order 99-03, issued to AT Plastics on April 29, 1999, by the Manager of Enforcement and Monitoring, Northeast Boreal, Alberta Environmental Protection.

Cite as: AT Plastics Inc. v. Manager of Enforcement and Monitoring, Northeast Boreal, Alberta Environmental Protection

 

TABLE OF CONTENTS

BACKGROUND 1
DECISION 2



BACKGROUND

[1] On April 29, 1999, the Manager of Enforcement and Monitoring, Northeast Boreal, Alberta Environmental Protection (Department), issued Environmental Protection Order No. 99-03 (EPO) to AT Plastics Inc. regarding several decomposition incidents.

[2] On May 6, 1999, the Environmental Appeal Board (Board) received a Notice of Appeal from Mr. Russell J. Johnston of A.T. Plastics Inc. (Appellant) advising that he objected to Clauses 1, 2 and 5 of the EPO. The Appellant sought the following relief:

"Clause 1" - That the May 31, 1999 date be amended to June 30, 1999 to provide AT Plastics Inc. with sufficient time to properly and accurately complete the terms of reference and timetable for completion of the study outlined in Clause 1.

Clause 2 - That the May 31, 1999 date be amended to June 30, 1999 to provide AT Plastics Inc. with sufficient time to properly and accurately complete the terms of reference and timetable for completion of the study outlined in Clause 2.

Clause 5 - That this clause be amended to include a mutually agreed upon process to resolve any potential disagreement with respect to the approval of implementation schedules and/or plans proposed by AT Plastics Inc. This process would be used in the event that the Manager of Enforcement and Monitoring, Northeast Boreal does not approve the implementation schedules and/or plans proposed by AT Plastics Inc. for the study under clause 1, the audit under clause 2, the plan under clause 3 and the study under clause 4."

[3] The Board wrote to Mr. Russell Johnston on May 6, 1999 acknowledging receipt of his appeal and requesting file information from the Director.

[4] On May 11, 1999, the Board received a letter from Ms. Andrea Moen of Fraser Milner, Counsel for the Appellant. Regarding a potential settlement, Ms. Moen stated:

"In particular, I understand that you requested Alberta Environmental Protection to provide you with its file. It appears that we are going to be able to resolve the matter with Alberta Environmental Protection and may not necessarily have to proceed with the appeal.

Therefore, please put the appeal on hold until such time as we advise you that we intend to proceed or that we are withdrawing the appeal."

[5] In response to Ms. Moen's letter, the Board advised the parties on May 12, 1999 that the file would be held in abeyance until May 26, 1999 and at that time AT Plastics was to provide the Board with a status on the appeal.

[6] On May 18, 1999, the Board received a letter via fax stating:

"This is to advise that AT Plastics Inc. is withdrawing the above noted appeal."

 

DECISION

[7] Pursuant to Section 87(7) of the Environmental Protection and Enhancement Act, and based on Ms. Moen's letter of May 18, 1999, the Board hereby discontinues its proceedings in Appeal No. 99-127 and will be closing its file.

Dated May 19, 1999, at Edmonton, Alberta

Dr. William A. Tilleman

 

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