Enforcement Actions 1 Jan Mar Compliance Assurance, Operations Division

Transcription

1 Compliance Assurance, Operations Division

2 Administrative Penalties Millar Western Forest Products Ltd. Big Lakes County NE W5 10-Jan-17 Assessed: $7, FRSTA 10 60/1973; 100(1)(b) The Company conducted an unauthorized cutting of forest growth (coniferous timber) on forest land in a watercourse protection area. In addition, the Company failed to comply with the terms and conditions of the timber disposition when harvesting timber on public land; in particular compliance with the Slave Lake Regional Timber Harvest Planning and Operating Ground Rules that require it to classify watercourses according to Table 1, Watercourse Classification, and establish a watercourse protection area of 60 m from the high water mark for a large permanent watercourse. paid January 23, Lac La Biche County Lac La Biche County NW W4 SE W4 01-Mar-17 Assessed: $11, /98; 2(2) The County contravened the Code of Practice for Pipelines and Telecommunication Lines Crossing a Water Body during the installation of a raw wastewater effluent pipeline crossing at Red Deer Brook (the?works?) when it failed to include the scour depth calculations, contingency measures or monitoring measures in the plan for the works at least 14 days before the works were carried out; failed to meet the design and construction standards, the plan for the works and the Code Notification; and failed to report a contravention of the Code of Practice within the time period specified. paid May 8, Kocon, Karl MD Lesser Slave River NE W5 09-Mar-17 Assessed: $2, (1), 142(1)(h) Mr. Kocon commenced or continued an activity without an approval under the Water Act by removing or disturbing ground, construction and operation of a ditch by changing the location or direction of flow of water. Brisco Wood Preservers Ltd. Yellowhead County W W5 14-Mar-17 Assessed: $55, (e) The Company operates the Peers Wood Processing Plant pursuant to an Approval. It contravened its approval on September 8th, October 7th, and November 10th, 2014, when it failed to immediately report to the Director any contravention of the terms and conditions of the approval, in particular, that the monitoring conducted in accordance with Table 4.2-A of the approval exceeded the Surface Water Quality Guidelines for Use in Alberta; it failed to submit a written report within 7 days of reporting and; by failing to submit a proposal to install a surface water collection pond within 90 days of discovering the exceedance. These contraventions were discovered upon the Department receiving the Annual Industrial Wastewater and Industrial Runoff Report March of 2015, resulting in an administrative penalty of $28, and an economic benefit of $27, for a total assessment of $55, paid April 12, Tervita Corporation MD Lesser Slave River SW W5 21-Mar-17 Assessed: $8, (e) The Company operates the Mitsue Class II Industrial Landfill pursuant to Approval No , as amended. It contravened its approval when it failed to monitor and report the weekly leachate level measurements as required Page 2 of 12

3 Administrative Penalties in TABLE 4.2-B of the approval; and failed to immediately report a contravention of the approval. paid March 30, Target Products Ltd. Calgary Plan 2732X, Block Mar-17 Assessed: $5, (j), 110(1) The Company failed to immediately report to the Director, the unauthorized release of a substance, (Flyash) from its facility located at th Avenue, SE, within the City of Calgary, Alberta. paid May 5, 2017 Wenzel, Dale MD of Peace NW W5 31-Mar-17 Assessed: $13, (1)(h), 36(1) Between 2014 and 2015 the Parties commenced and continued an activity without an Approval under the Water Act, being the disturbance of 9 Wetlands and the removal of 2 Wetlands which may change the location, direction level or flow of water. These contraventions were discovered by the Department on April 2, 2015, January 25, 2016, and January 13, 2017, resulting in an administrative penalty of $9, and an economic benefit of $4, for a total assessment of $13, Page 3 of 12

4 Amended Environmental Protection Orders Cherokee Canada Inc., Alberta Ltd. and Domtar Inc. Edmonton Plan , Block 1, Lot 1 27-Jan Amendment No. 1 issued to EPO-2016/05-RDNSR replacing "January 31, 2017" with "February 24, 2017" in Clause 1. Page 4 of 12

5 Enforcement Orders Beiseker EnSolTec Inc. Beiseker NE W4 21-Feb (e) Beiseker EnSolTec Inc. holds Approval No for the operation of a waste management facility for the treatment of waste by incineration on lands legally described as NE W4M, located at 701-5th Avenue, within Beiseker, Alberta. The Company also holds Registration No pursuant to the Code of Practice for Small Incinerators to operate the Facility Alberta Ltd. is the registered owner of the Lands whereas both Companies are separate corporate entities with different shareholders and Directors. In April, 2016, Alberta Environment and Parks ["AEP"] gave written direction to Beiseker EnSolTec Inc. to remove and properly dispose of the biomedical waste in storage at the Facility. After documentation was received confirming the waste had been removed and properly disposed of, a compliance review was conducted and a number of incidents of non-compliance with the terms and conditions of the Approval were found. AEP provided the Company the results of the review and requested an outline of the steps they would be taking to comply. The Company indicated that operations at the Facility had ceased on May 12, 2016 and that they were unable to gain access to the Lands and therefore, could not at present; comply with the Approval or the Registration. The Director is of the opinion that Beiseker EnSolTec Inc. has permanently ceased operations of the Facility and has contravened and continues to contravene the Approval and the Registration. Both the Approval and Registration are immediately cancelled. Lanti, Ernie MacKenzie County SE W5 SW W5 SE W5 NE W5 29-Mar-17 PLA 56(1)(d), 20 During an inspection on September 26, 2014 and Environmental Protection Officer with Alberta Environment and Parks ["AEP"] confirmed that structures, various personal effects, maintained trails and a maintained airstrip were without authorization on public lands located within Mackenzie County, Alberta. Public Notices were posted on buildings as well as on the trails to the buildings requiring the removal of the Structures and Property by December 31, A subsequent inspection in October of 2016 revealed that the Unauthorized Structures and Property were still present on the Crown Lands. AEP met with Mr. Lanti on March 16, 2017 where he confirmed that the Unauthorized Structures and Property are his and he agreed to immediately begin removal as requested. Mr. Lanti shall immediately cease accessing or using the Unauthorized Structures and Property for any purpose other than as set out in paragraph 2 of the Order; Remove all of the Unauthorized Structures and Property by October 31, 2017 and; notify the Director within 15 days of completion of the work. Page 5 of 12

6 Environmental Protection Orders Thompson, Todd Lac La Biche County SE W4 10-Jan In August of 2016 Alberta Environment and Parks ["AEP"] conducted an aerial review around Lac La Biche Lake and observed a surface land disturbance that exceeded 5 hectares in size and appeared to be disturbing ground water. AEP has no record of any authorizations issued under the Environmental Protection and Enhancement Act or the Water Act for the disturbed land legally described as SE W4M located within Lac La Biche County, Alberta. A Land Title search confirmed Todd Thompson to be the owner of the lands and an inspection by AEP observed activities consistent with aggregate mining operations ["the Pit"]. Mr. Thompson was advised that he was in noncompliance and that the unauthorized activity should cease and the relevant authorizations would need to be obtained. Mr. Thompson confirmed he was no longer removing sand and gravel material from the Pit and was planning to commence reclamation. Aerial imagery determined the size of the Pit be 8.63 hectares requiring a registration under the Code of Practice. The Inspector is of the opinion that the suspension of the operation in the Pit and directing the performance of work is necessary in order to conserve specified land. Mr. Thompson shall suspend all work at the Pit; Submit a written reclamation and remedial Plan prepared by a qualified professional authorized to practice reclamation; Implement the work described in the approved plan and; Within 14 days of completion, submit a final report describing the work undertaken to comply with the Order. Page 6 of 12

7 Prosecutions Mantai, Samantha Lynn Sharon 19-Jan-17 : $5, (d) Count 1: "Co-accused Wallace, Clarke Damian" On or between the 1st day of February, 2013, and the 11th day of March 2013, at or near Langdon, in the Province of Alberta, did knowingly contravene a term or condition of an approval; to wit Approval No , Condition which states: The approval holder shall monitor the wastewater system as required in TABLE 6-1and did thereby commit an offence contrary to section 227(d) of the Environmental Protection and Enhancement Act, evidence of the offence having first come to the attention of the Director on March 11, Pled guilty and was sentenced to a fine of $5, on January 19, Mantai is also prohibited from having sole charge of a wastewater treatment facility or supervising anyone in the operation of such a facility for 15 months. Mantai, Samantha Lynn Sharon 19-Jan-17 : $5, (d) Count 3: "Co-accused Wallace, Clarke Damian" On or between the 1st day of February, 2013, and the 11th day of March 2013, at or near Langdon, in the Province of Alberta, did knowingly contravene a term or condition of an approval; to wit Approval No , Condition which states: Collection, preservation, storage, handling and analysis of samples and reporting shall be conducted in accordance with the following unless otherwise specified in writing by the Director: (a) the Standard Methods for the Examination of Water and Wastewater published jointly by the American Public Health Association, American Water Works Association and the Water Environment Federation, as amended; and/or (b) the Methods Manual for Chemical Analysis of Water and Wastes, Alberta Environmental Centre, Vegreville, Alberta, 1996, AECV96-M1, as amended and did thereby commit an offence contrary to section 227(d) of the Environmental Protection and Enhancement Act, evidence of the offence having first come to the attention of the Director on March 11, Pled guilty and was sentenced to a fine of $5, on January 19, Mantai is also prohibited from having sole charge of a wastewater treatment facility or supervising anyone in the operation of such a facility for 15 months. Mantai, Samantha Lynn Sharon 19-Jan-17 : $5, (a) Count 5: "Co-accused Wallace, Clarke Damian" On or between the 1st day of February, 2013, and the 11th day of March 2013, at or near Langdon, in the Province of Alberta, did knowingly provide false or misleading information pursuant to a requirement to provide information contrary to section 227(a) of the Environmental Protection and Enhancement Act, evidence of the offence having first come to the attention of the Director on March 11, Pled guilty and was sentenced to a fine of $5, on January 19, Mantai is also prohibited from having sole charge of a wastewater treatment facility or supervising anyone in the operation of such a facility for 15 months. Page 7 of 12

8 Prosecutions Mantai, Samantha Lynn Sharon 19-Jan (b) Count 6: "Co-accused Wallace, Clarke Damian" On or between the 1st day of February, 2013, and the 11th day of March 2013, at or near Langdon, in the Province of Alberta, did provide false or misleading information pursuant to a requirement to provide information contrary to section 227(b) of Environmental Protection and Enhancement Act, evidence of the offence having first come to the attention of the Director on March 11, Dismissed January 19, Page 8 of 12

9 Tickets No Activity Page 9 of 12

10 Warning Letters Johnson, Charles Ashley and Johnson, Ashley Clear Hills County SW W5 16-Jan-17 PLA 56(1)(d) The Parties were responsible for Unauthorized Grazing on public lands legally described as SW W5M within Clear Hills County, Alberta on November 17, Storm Rentals Ltd. Whitecourt NE W5 18-Jan-17 PLA 54(1)(e) The Company conducted an unauthorized activity, the removing of soil and vegetationl on public land resultng in injury to the bed and shore of the McLeod River on or about May 25, The works were ceased and the site was remediated to the Departments satisfaction. McArthur, Donald Camrose County NW W4 SW W4 26-Jan-17 36(1) Mr. Mcarthur conducted an unauthorized activity, the construction of works (berms) and temporary diversion of water on or about May 31, Compliance was reached when the berms were confirmed breached and rendered ineffective on June 29, 2015 Pentagon Farm Centre Ltd. and Williams, Brian Lacombe NE W4 26-Jan-17 36(1) The Parties conducted an unauthorized activity, the removing or disturbing of ground in wetlands on or about August 31, Penhold, Town of Penhold SE W4 NW W4 27-Jan-17 COPG; (e) The Town holds Code of Practice Registration No for the operation of the Penhold Waterworks System. It contravened its registration by failing to immediately report to the Director any structural malfuntion in the waterworks system that may affect potable water. Normerica Inc. Lethbridge Plan 6570HS, Block D 30-Jan , 110(1), 112 The Company conducted an activity, the unauthorized release of dust from the limestone handling process between the months of March and December, Ledcor Contractors Ltd. Yellowhead County NE W5 08-Feb-17 49(1), 142(1)(n) The Company conducted an unauthorized activity, the withdrawl of water from a waterbody on or about May 19, Kansas Ridge Trucking Ltd. Edson SE W5 15-Feb (1)(a) The Company failed to report a release of a substance on August 24, 2016, 18000L of calcium chloride that may cause an adverse effect. At the time of the release, vacuum trucks were retained, the product was recovered, and remediation commenced; however, the release wasn't reported until September 8, The Company is updating its policy for future spill reporting. Scenic Sands Community Association County of Stettler NW W4 Plan , Block 1, Lot 70ER 24-Feb-17 PLA 56(1)(n) The Association conducted an activity on or about April 15 and 16, 2016, being, the unauthorized removal and placement of sand on vegetated crown land. Page 10 of 12

11 Warning Letters Aquality Environmental Consulting Ltd. Lac La Biche County NW W4 SE W4 01-Mar /98; 2(2) COPPT; 11(1) The Company contravened Section 11(1) of the Code of Practice for Pipelines and Telecommunication Lines Crossing a Water Body during the Red Deer Brook raw wastewater effluent pipeline installation at the Red Deer Brook on or between January 26, 2015 and February 22, MPE Engineering Ltd. Lac La Biche County NW W4 SE W4 01-Mar /98; 2(2) COPPT; 11(1), 6(2) The Company contravened Sections 6(2) and 11(1) of the Code of Practice for Pipelines and Telecommunication Lines Crossing a Water Body during the Red Deer Brook raw wastewater effluent pipeline installation at the Red Deer Brook on or between January 26, 2015 and February 22, Page 11 of 12

12 Water Management Orders Five Pillar Holdings Ltd. and Gill, Mohinder Singh Strathmore Plan , Block 1, Lot 8 12-Jan /98; 40 Five Pillar Holdings Ltd. is the owner and Mohinder Singh Gill is the Sole Director of lands located at Lot 8, Block 1, Plan , in the Town of Strathmore, Alberta, on which the Wheatland Hotel is operating. There is a groundwater well immediately adjacent to the Hotel and Alberta Environment and Parks has observed that the Well is in a location that puts the groundwater at risk for being adversely impacted should the area where the Well is located flood or the Well be tampered with. There is no evidence of any measures in place to protect the groundwater aquifer and on January 12, 2017, the Well was declared to be a Problem Water Well and the Water Act Licence appurtenant to the Land and Well was cancelled. The Director is of the opinion that the Well may cause an adverse effect on the environment or on human health, property or public safety. The Parties shall employ a driller holding a Class A Approval to reclaim the Well; Submit a written report which is to include a statement that the Well has been reclaimed in accordance with all of the requirements of the Order; and provide photographic documentation of the reclaimed Well. Notice of Appeal received by the Environmental Appeals Board February 7, Page 12 of 12