Report and Recommendations

Transcription

1 Appeal No R ALBERTA APPEALS BOARD ENVIRONMENTAL Report and Recommendations THE MATTER OF sections 91, 92, and 95 of IN Protection and Enhancement Act, R.S.A. 2000, c. Environmental THE MATTER OF an appeal filed by Mike Richard with IN to Approval No issued under respect Region, Environmental Management, Alberta Norrn Environment. as: Richard v. Director, Norrn Region, Environmental Management, Alberta Cite re." Newalta Corporation (29 July 2011), Appeal No R Environment, Date of Report and Recommendations July 29, 2011 E-12; -and. Environmental Protection and Enhancement Act by Director, (A.E.A.B),

2 Approval Holder: Mike Richard; and Eric Deegan, Pride Regulatory Services Ltd. Alberta Gary Sasseville, Director, Norrn Environmental Management, Alberta Region, and Okey Obiajulu, Alberta Environment, represented by Ms. Meagan Environment, Bryson, Alberta Justice. Gilbert Van Nes General Counsel and Officer. Settlement Ms. Christine Macken, Board Member. MEDIATION MEETING BEFORE: PEARANCES: Appdlant: Rhonda Newalta Corporation, Rud ski, Richardson, Newalta Mike Ms. and Corporation. Director: Board Staff:

3 Mike Richard, a EXECUTI SUMMARY Alberta Environment issued an Approval to Newalta Corporation authorizing construction, operation and reclamation of Spirit River Hazardous Recyclab!e Facility. property owner, filed an appeal expressing concerns about neighbouring discharging from facility onto his farmland, odour, and air quality. water Board held a mediation meeting on July 15, 2011, following which a resolution was r eached participants. Board recommends that Minister of Environment accept by varying conditions in Approval. resolution

4 TABLE OF CONTENTS II, MEETING IiI, t,..ecomme_ndations,,,. 2 W, SOLUTION 3,-.

5 On November 30, 2010, Environmental Appeals Board ( "Board") [2] a Notice of Appeal from Mike Richard ( "Appellant") appealing Approval. received On January 14, 2011, Board received a copy of Record from Director, [4] on January 18, 2011 forwarded a copy to Appellant and Approval Holder. and -1- I. BACKGROUND On October 29, 2010, Director, Norrn Region, Environmental [1] Alberta Environment ( "Director"), issued Approval No ( Management, under Environmental Protection and Enhancement 4ct, R.S.A. 2000, c. E-12 "Approval") to Newalta Corporation ( "Approval Holder") authorizing construction, ("EPEA"), operation, and reclamation of Spirit River Hazardous Recyclable Facility. Richard is a neighbouring property owner, and expressed concerns about water discharging from facility onto his farmland, odour, and air quality. On December 6, 2010, Board wrote to Appellant, Approval Holder [3] Director ( "Participants") acknowledging receipt of Notice of Appeal, and and Director and Approval Holder of appeal. Board also requested notifying provide Board with a copy of records ( "Record") relating to this appeal, and Director that Participants provide available dates for a mediation meeting, preliminary motions hearing, or hearing. On February 9, 2011, in consultation with Participants, Board scheduled [5] mediation meeting for April 18, 2011, in Grande Prairie, Alberta. On April 8, 2011, Board received a letter from Director advising he may [6] be able to attend mediation meeting due to flooding predicted for Peace River area. not Board contacted Appellant and Approval Holder and both agreed to reschedule mediation meeting. On May 31,2011, in consultation with Participants, Board rescheduled [7] mediation meeting for July 15,2011.

6 114/93, Board conducted a mediation meeting in Grande Prairie, Alberta, on July 15, Reg. with Ms. Christine Macken, Board Member, as presiding mediator ( "Mediator"). 2011, Norrn Region, Environmental Director, Environment. on July 29,/, at Edmonton, Alberta. Dated J / -2- MEDIATION MEETING Pursuant to section 11 of Environmental Appeal Board Regulations, Alta In conducting mediation meeting, Mediator reviewed appeal and [9] process and explained purpose of mediation meeting. She n circulated mediation of Participants' Agreement to Mediate. All those in attendance signed copies Agreement to Mediate. Participants' Following productive and detailed discussions, a resolution evolved at [10] meeting and is attached as pages 3 and 4. mediation III. RECOMMENDATIONS In accordance with section 99 of Environmental Protection and Enhancement [11] Board recommends that Minister of Environment vary Approval No Act, in accordance with resolution reached by Participants. Furr, with respect to sections 100(2) and 103 of EPEA, Board recommends [12] copies of this Report and Recommendations, and of any decision by Minister, be sent to that following Participants: Mike Richard; Ms. Jill Schmeichel, Newalta Corporation; and Ms. Meagan Bryson, Alberta Justice, on behalf of Gary Sasseville, Management, Alberta Chair

7 RESOLUTION APPEALS BOARD ENVIRONMENTAL matter of mediation of appeal of October 29, 2010 decision of Director, In Region, Environmental Management Services, Alberta Environment, to issue Approval No. Norrn participants will work toger to build a better relationship, including by improving communications. Corporation ("Newalta") agrees that its preferred method of disposing of water Newalta Spirit River Hazardous Recyclable Facility ( "Site") is trucking water from 48 hours prior to discharge. notice to Richard will be provided by of and . In particular, Newalta agrees to: telephone provide Richard with a copy of sampling results report that is obtained from b. independent third party laboratory; in ir weekly inspection a requirement to make sure re are no blockages include, ditch into which water will be discharged such that any release will not of impact Richard's land; and Richard is free to contact Alberta Environment to review sampling results water discharge, and Alberta Environment will make best efforts to respond regarding IV. RESOLUTION EAB File No ( "Approval"), under Environmental Protection and Enhancement Act, R.S.A c. E-12, to Newalta Corporation authorizing construction, operation and reclamation of 2000, Spirit River Hazardous Recyclable Facility. All participants to appeal have agreed to following terms and conditions: Site and preferably using it in anor process at a different facility or, if or from do not exist, disposing of it by deep-well injection. options event that Newalta must discharge water from its Site, it will notify Mike In prior to discharge, and make best efforts to notify Richard at a minimum Richard a. notify Richard before Newalta samples water that will be released; explain sampling results to Richard in person or by telephone, including c. sampling results are in compliance with Approval requirements; wher allow Richard escorted access to Site, upon reasonable notice, to take his e. samples of water. own to Richard's questions.

8 Environment will provide Richard with copies of all correspondence relating Alberta Fugitive Emissions Management Plan and a copy of approved Fugitive to Management Plan. Newalta will provide Richard with a copy of Emissions Emissions Management Report on an annual basis. Fugitive Approval will be amended to require Newalta to undertake a continuous air quality program for H2S, BTEX, and total hydrocarbons, based on a plan ( monitoring "Plan") that is steps that will be taken to ensure that monitoring program collects appropriate b. samples. representative and Alberta Environment each agree to meet with Richard and explain Newalta and Report. Plan Richard will make best efforts to notify Newalta of all.dour incidents that occur to Newalta representative on Site and/or Newalta head office in Calgary. In consideration of foregoing, Appellant, Mike Richard, withdraws his Notice 10. Appeal. of RESOLUTION AGREED TO BY: "' " " lke gac ar M -4- satisfactory to Alberta Environment, for a three month period in June, and August 2012, and n prepare a report ( "Report") correlating activities July, have taken place on Site during this time with results of monitoring that Plan will include: program. a. locating monitoring trailer in NW portion of LSD 9 on Site; and agrees to provide Richard with a copy of Plan for continuous air Newalta monitoring program and a copy of Report correlating activities and quality results. Newalta also agrees to notify Richard when monitoring monitoring starts. program Date: July 15, 2011 Date: July 15, 2011 kudnis i tq' alta ;rporation ' l 0n d a / N _/9@ _ Date: July 15, 2011 Norrn Region, Gary( evil,// irector, Services, Alberta Environment Environmentgt/Management by Meagan Bryson, Alberta Justice Represented

9 ALBERTA ENVIRONMENT of Minister Office Medicine Hat MLA, Order Ministerial / Respecting Environmental Appeals Board Order No Appeal Rob Renner, Minister of Environment, pursuant to section 100 of Environmental I, and Enhancement Act, make order in attached Appendix, being an Order Protection Respecting Environmental Appeals Board Appeal No Renner Rob Minister Legislature Building, Avenue, Edmonton, Alberta T5K 2B6 Canada Telephone I Fax Street, S.E., Medicine Hat, Alberta TIA 0H5 Canada Telephone Fax recycled paper Protection and Enhancement Act Environmental 2000, c. E,12 R.S.A. at City of Edmonton, in Province of Albeaa, this 30 day of Dated Printed

10 respect to decision of Director, Norrn Region, Environmental Management, With Environment ( "Director"), to issue Approval No ( "Approval") Alberta Environmental Protection and Enhancement Act, R.S.A. 2000, c. E-12, to Newalta under ( "approval holder"), I, Rob Renner, Minister of Environment, order that Corporation approval holder shall submit a Director in writing. Continuous Air Quality Monitoring Program shall include, at a minimum: air quality monitoring for H _S, BTEX, and total hydrocarbons continuous three month period of June, July, and August 2012; for and recording of all activities at facility for three month monitoring of June, July, and August 2012 in sufficient detail that it will be period to correlate se activities with data collected by possible air quality monitoring; continuous locating monitoring trailer in NW portion of LSD 9 in NE ¼ of (c) 15, Township 78, Range 7, West of 6 th Meridian; Section a detailed description of steps that will be taken to ensure that (d) Air Quality Monitoring Program collects representative Continuous samples of what is any amendments to Fugitive Emission Management Proposal and (e) Emission Management Plan that are necessary to incorporate Fugitive or information specified by Director in writing. any Continuous Air Quality Monitoring Program is found deficient by If approval holder shall submit a report detailing results of Continuous Quality Monitoring Program to Director on or before October 31, 2012, Air Appendix Order Respecting Environmental Appeals Board Appeal No Approval is varied as follows: 1. Approval is amended by adding following conditions immediately after : " Continuous Air Quality Monitoring Program to Director on or before October 31,2011, unless anor date is authorized by (a) (b) occurring at and adjacent to facility; Continuous Air Quality Monitoring Program; and (f) approval holder shall correct all deficiencies identified in writing by Director, Director by date specified in writing by Director. to , approval holder shall implement Continuous Air Quality Subject Program as authorized in writing by Director. Monitoring unless anor date is authorized by Director in writing.

11 report detailing results of Continuous Air Quality Monitoring shall include, at a minimum: Program correlation between continuous air quality monitoring data that were a and activities that occurred at facility during three collected period of June, July, and August 2012; month consider all information available in relation to odour complaints during (b) three month period of June, July, and August 2012; an analysis of all information obtained as a result of Continuous (c) Quality Monitoring Program; Air recommendations to address any air quality issues identified as a result of (d) Continuous Air Quality Monitoring Program; recommendations for any changes to Fugitive Emission Management (e) or information specified by Director in writing. any report prepared by approval holder detailing results of If approval holder shall correct all deficiencies identified in writing by by date specified in writing by Director." Director Approval is amended by deleting phrase " Fugitive Emission Management must" in condition and replacing it with phrase " Fugitive Emission Proposal Management Proposal shall" (a) Plan as a result of Continuous Air Quality Monitoring Program; and (f) found deficient by Director, Continuous Air Quality Monitoring Program is This amendment corrects a clerical error found in Approval.