Appeal No. 99-150, 152, 154, 155


Date of Discontinuance of Proceedings - March 13, 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 appeals filed by Mr. and Mrs. Francis Dogterom, Mr. and Mrs. Dwayne Collett, Mr. Brian Anderson and Mr. Harold Collett with respect to Amending Approval No. 67726-00-02 issued to ConAgra Limited on August 17, 1999, by the Director, Prairie Region, Alberta Environment.

Cite as: Dogterom et. al v. Director, Prairie Region, Alberta Environment re: ConAgra Limited.

 

TABLE OF CONTENTS

BACKGROUND 1
DECISION 2

 

BACKGROUND

[1] On August 17, 1999, the Director, Prairie Region, Alberta Environment (Department), issued Amending Approval No. 67726-00-02 to ConAgra Limited for the construction, operation and reclamation of the vegetable processing plant located at 5 section of 15-10-15-4 in the Municipal District of Taber, Alberta.

[2] The Environmental Appeal Board (Board) received Notices of Appeals from Mr. and Mrs. Francis Dogterom on September 16, 1999, Mr. and Mrs. Dwayne Collett on September 17, 1999, Mr. Brian Anderson on September 28, 1999, and from Mr. Harold Collett on October 4, 1999, (Appellants).

[3] The Board acknowledged receipt of the Notices of Appeals from the Appellants on September 16, 20 and 28, 1999, and October 4, 1999, respectively and, at that time requested a copy of all correspondence, documents, and materials relative to the appeals from the Department. On these same dates, the Board also wrote to ConAgra Limited advising of the appeals and providing them with a copy of the Notices of Appeals.

[4] According to standard practice, 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. Replies were subsequently received from the NRCB and from the AEUB stating that they did not hold any hearing or review under their respective legislation.

[5] On November 3, 1999, copies of the documents requested by the Board were provided by the Department and copies were forwarded to the Appellants and ConAgra Limited in letters dated November 3, 1999. In these same letters 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) and if there were any other persons who may have an interest in these appeals.

[6] In consultation with the parties, a mediation meeting was set for March 17, 2000, in Taber, Alberta.

[7] On March 13, 2000, the Board received two letters dated March 10, 2000, from the Appellants. The first letter from the Appellants to ConAgra Limited states:

"We have sincerely appreciated the meetings we have had over the course of the last few months. The serious and professional discussions have been of great benefit to everyone concerned.

Pursuant to the contents of your February 25, 2000 letter we are prepared to drop our appeal to the decision # 67726-00-02.

Should your need for an evaporation pond change in the future we understand from our discussions that we will be part of the consultation process."

The second letter of March 10, 2000, from the Appellants, attached a letter dated February 25, 2000, from ConAgra Limited to Mr. Brian Anderson, Mr. and Mrs. Francis Dogterom, Mr. and Mrs. Dwayne Collett, and Mr. Harold Collett. The letter of March 10, 2000, from the Appellants states:

"Pursuant to Lamb Weston letter of February 25 and our letter to them of March 10, 2000, we hereby withdraw our appeal to the Amending Approval No. 67726-00-02."

 

DECISION

[8] Pursuant to Section 87(7) of the Environmental Protection and Enhancement Act, and based on the letter of March 10, 2000, from Mr. Brian Anderson, Mr. Harold Collett, Mr. and Mrs. Dwayne Collett and Mr. and Mrs. Francis Dogterom, the Board hereby discontinues its proceedings in Appeal Nos. 99-150, 152, 154 and 155, and will be closing its files.

Dated March 13, 2000 at Edmonton, Alberta.

Dr. William A. Tilleman, Q.C.


FOOTNOTES

 

1. AR 114/93.

 

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