Compliance Assurance, Operations Division
Administrative Penalties Northland Forest Products Ltd. Regional Municipality of Wood Buffalo 03-Oct-16 FRSTA The Company installed a low profile crossing on a water course classified as a SW-21-100-11-W4 Assessed: $2,000.00 60/1973; 100(1)(i) Transitional Small Permanent on or before June 16, 2015. Contrary to the Timber Management section 100(1)(i), the Company failed to ensure that the disposal of any debris was in a place and in a manner that did not impede the natural flow of water in the watercourse when it pushed debris and soils into the channel of the water course that caused an obstruction and when it permitted the obstruction to continue until March 2016. paid October 24, 2016. Kinniburgh South Limited Partnership, by its General Partner 1290765 Alberta Ltd. and Chestermere Lake Land Enterprises Inc. Chestermere 2-24-28-W4 05-Oct-16 Assessed: $15,000.00 142(1)(h), 36(1) Between 2008 and 2009, Kinniburgh South Limited Partnership, by its General Partner 1290765 Alberta Ltd. and Chestermere Lake Land Enterprises Inc. conducted an activity without an approval under the Water Act, being the removal of three wetlands within the Town of Chestermere which may change the location or flow of water as identified by the Department on October 6, 2014. Notice of Appeal received by the Environmental Appeals Board on October 31, 2016 from Chestermere Lake Land Enterprises Inc. and on November 25, 2016 from Kinniburgh South Limited Partnership. Kinniburgh South Limited Partnership, by its General Partner 1290765 Alberta Ltd. and Golden Triangle Construction Management Inc. Chestermere 2-24-28-W4 05-Oct-16 Assessed: $35,000.00 36(1), 142(1)(h) Between 2011 and 2013, Kinniburgh South Limited Partnership, by its General Partner 1290765 Alberta Ltd. and Golden Triangle Construction Management Inc. conducted an activity without an approval under the Water Act, being the removal of seven wetlands within the Town of Chestermere which may change the location or flow of water as identified by the Department on October 6, 2014. Notice of Appeal received by the Environmental Appeals Board on behalf of the Parties November 25, 2016. Wardley, Kayla Marie Zama City SW-5-106-16-W5 07-Oct-16 Assessed: $6,000.00 227(e), 227(b) Kayla Wardley is the certified primary Level 1 Water Treatment Operator for the Zama Water Treatment Plant operated under Approval 9764-02-00 held by Mackenzie County No. 23. On or between September 29th and October 5, 2014, she failed to conduct the required daily manual testing of water for iron and manganese at the Zama Water Treatment Plant as required by Condition 6.1.1 of the Approval and; recorded and submitted false information for the facility's monthly and annual report. paid November 3, 2016. Warkentin Bros. Farms Inc. Warkentin, Peter and Warkentin, Don MD of Greenview SW-35-75-1-W6 SE-35-75-1-W6 NW-27-75-1-W6 SE-34-75-1-W6 21-Oct-16 Assessed: $29,269.10 PLA 20, 56(1)(d) The Parties entered on and occupied public land for the purpose of cultivating, seeding and harvesting on October 22, 2014 and September 10, 2015 and for the purpose of cultivating and seeding wheat on June 13, 2016 without being the holder of a disposition or authorization resulting in an administrative penalty of $9,500.00 and a receipt of proceeds in the amount of $19,759.10 for a total Page 2 of 14
Administrative Penalties SW-34-75-1-W6 assessment of $29,269.10. Notice of Appeal dated November 21, 2016 and received by the Public Lands Appeal Board November 23, 2016. Northland Maintenance Inc. Hotte, Maurice and Hotte, Janet Hinton Plan 0222274, Block 4, Lot 4 28-Oct-16 Assessed: $6,600.00 227(j), 61 Between June 16, 2014 and October 30 2014 the Parties operated an unauthorized waste management facility resulting in an administrative penalty of $5000.00 and an economic benefit of $1,600.00 for a total assessment of $6,600.00. paid November 25, 2016. TELUS Communications Inc. Hinton Plan 0222274, Block 4, Lot 4 28-Oct-16 Assessed: $634,315.00 176, 227(j) Between June 16, 2014 and October 31, 2014 the Company disposed of waste other than at an approved waste management facility without authorization resulting in an administrative penalty of $4,500.00 and an economic benefit of $629,815.00 for a total assessment of $634,315.00. Notice of Appeal received by the Environmental Appeals Board November 25, 2016. Idland, Brian and Future Oilfield Investments Ltd. Red Deer County NW-12-36-2-W5 03-Nov-16 Assessed: $18,000.00 39, 142(1)(e), 142(1)(h), 36(1) The Parties hold Water Act Approval No. 295061-00-00 for the purposes of constructing erosion protection works and carrying out maintenance of the works. On or between October 31, 2014 and November 6, 2014 they failed to produce a copy of the Approval upon request; commenced an activity without the required authorization for that activity; failed to provide notification in regards to the maintenance event as required by the Approval; undertook activities in a manner which may cause an adverse effect on the aquatic environment; conducted activities within the Red Deer River during the restricted activities period; failed to ensure the equipment entering the River was free of oil and/or fuel; and failed to have erosion control measures in place while the work was being conducted. paid November 25, 2016. Wood Buffalo, Regional Municipality of Regional Municipality of Wood Buffalo Plan 1897TR, Block 1, Lot 2 16-Nov-16 Assessed: $50,000.00 227(j), 61 Between April 2nd and November 17th, 2014, the Regional Municipality of Wood Buffalo commenced and continued an activity that is designated by the regulations (construction of a wastewater treatment plant) as requiring an Approval resulting in an administrative penalty of $10,000.00 and an economic benefit of $40,000.00 for a total assessment of $50,000.00. Notice of Appeal received by the Environmental Appeals Board December 16, 2016. Page 3 of 14
Amended Enforcement Orders A & T Construction and Transit Mix Ltd. Tkachuk, Brian and Tkachuk, Wade Lac La Biche County SW-1-67-14-W4 04-Nov-16 36(1), 142(1)(h) Amendment No. 1 issued to -EO-2016/01-LAR to reflect new timelines and the approach in the Approved Wetland Restoration Plan, Clauses 1-9 of the EO are hereby deleted and replaced. Direct Horizontal Drilling Inc. and Ella Mae Energy Services Ltd. Regional Municipality of Wood Buffalo SW-20-89-9-W4 16-Nov-16 178, 176 Amendment No 1 issued to EPEA-EO-2016/02-LAR deleting reference to the lands legally described as "SW-20-89-90-W4" and replacing with "SW-20-89-09- W4". Order complied with, file closed February 2, 2017 A & T Construction and Transit Mix Ltd. Tkachuk, Brian and Tkachuk, Wade Lac La Biche County SW-1-67-14-W4 21-Nov-16 36(1), 142(1)(h) Amendment No. 2 issued to -EO-2016/01-LAR deleting "December 31, 2016" and replacing with "July 31, 2017" in Clauses 1 and 2 of Amendment No. 1; deleting and replacing Clause 3 of Amendment No. 1 and; deleting "July 31, 2017" and replacing with "September 30, 2017" in Clause 4 of Amendment no. 1. Weder, Christoph and Weder- Birch Hills County 25-Nov-16 PLA Amendment No. 1 issued to PLA-EO-2016/01-PR to reflect new timelines in Bueschi, Erika SW-31-79-3-W6 54(1)(f), 47(1)(b), regards to the reclamation activities. 54(1)(a.1), 54(1)(a.2), 54(1)(c), 54(1)(e) Page 4 of 14
Enforcement Orders Direct Horizontal Drilling Inc. and Ella Mae Energy Services Ltd. Regional Municipality of Wood Buffalo SW-20-89-9-W4 09-Nov-16 178, 176 Direct Horizontal Drilling Inc. ["DHD"] is a contractor retained by the Regional Municipality of Wood Buffalo to undertake horizontal drilling to install the SW water supply line at the Athabasca River Crossing for the Municipality ["the Project"]. DHD was responsible for the permanent disposal of all waste drilling fluids (liquids and solids) in conformance with all environmental regulations under the contract for the Project. DHD subcontracted with Ella Mae Energy Services Ltd. the responsibility to dispose of all drilling fluids and solids from the Project. On October 4, 2016, it was reported that DHD had discovered an unknown volume of bentonite drilling fluid (clay form) buried in soil by the Athabasca River just east of 1 Silin Forest Road within the Municipality. The 7 day report submitted to Alberta Environment and Parks ["AEP"] indicated that DHD discovered the release on September 9, 2016 and attributed the release to Ella Mae who was informed of the release on September 13, 2016. DHD estimated the volume of the release to be 750 cubic meters and that the concentration and characterization of the release was unknown. AEP met with DHD at the site October 28, 2016 and observed the deposit of unidentified material consistent with the report. The site is public land owned by the Crown and is located approximately 70 meters from the Project, and 130 meters from the Athabasca River. AEP has not issued an approval or authorization to either DHD or Ella Mae for the disposal of waste at or on the site. The Director is of the opinion that the Parties have contravened the Act by disposing of Waste at a place other than an approved waste management facility. The Parties shall immediately contain the Waste and put in place or maintain measures to prevent migration of the Waste from the site; Submit for approval, a written delineation and remedial plan prepared and signed by a qualified professional; Implement the Plan as approved by the Director and; Submit a final written report describing the work undertaken to comply with the Order. Order complied with, file closed February 2, 2017. Aurora Heights Management Ltd. Will, Garry and Henschel, Ronald Blackfalds SE-34-39-27-W4 SW-35-39-27-W4 16-Dec-16 36(1), 142(1)(h) Aurora Heights Management Ltd. is the registered owner and Ronald Henschel and Garry Will are Directors of the lands located within the Town of Blackfalds, Alberta. Prior to the incidents that are the subject of this Order, the lands contained a wetland of approximately 8.59 Hectares, which is classified as a semi-permanent class IV Wetland. The Parties intend to develop the lands for a residential subdivision and on or between August 27 and September 8, 2014, they caused or directed the infilling of 3.45 hectares of the Wetland without authorization under the Water Act. Inspection of the Lands and the Wetland observed significant amounts of soil had been deposited in the eastern portion of the Wetland. A consultant, contracted by Aurora, submitted an application for a Water Act approval, which included a proposal to fill in one portion of the Page 5 of 14
Enforcement Orders Wetland and deepen another portion. The Parties proceeded to conduct the proposed activity of filling in the Wetland without first having received the required approval. The Director is of the opinion that restoration and remedial work, as determined by a qualified Wetlands specialist is required to restore the Wetland. The Parties shall submit a Remedial Plan prepared by a qualified environmental professional; Include a proposed Schedule of Implementation and provide the Director 5 days notice of commencement of the work in the Remedial Plan; Prepare and implement the Monitoring and Restoration Plan; Submit an Annual Report each year during the implementation of the Plan and; Within 30 days of completion of the remedial work, submit a Final Report signed by the qualified environmental professional. Notice of Appeal received by the Environmental Appeals Board 17 December 2016. Cherokee Canada Inc. and 1510837 Alberta Ltd. Edmonton Plan 1321679, Block 1, Lot 1 Plan 4677CL, Block X Plan 1012AY, Block C 16-Dec-16 192/96; 13(1) From 1924 to 1987 a wood processing plant was in operation on lands located at 44 Street and 127 Avenue within the City of Edmonton [the "Site"], during which time they treated wood with creosote, pentachlorophenol and to a lesser extent chromated copper arsenate and ammonium copper arsenate. Following the sale of the Site in 2010, an approval was issued jointly to Cherokee Canada Inc. and 1510837 Alberta Ltd. [the "Parties"] for the "construction, operation and reclamation of the Edmonton Wood Processing Plant" located on the Site. As a result of the historical wood processing operations, certain contaminants such as creosote, polycyclic aromatic hydrocarbons, pentachlorophenol, volatile organic compounds, dioxins/furans and non-aqueous phase liquids [the "Substances"] were released into the soil, groundwater and surface water to both on and off- Site areas. The Site is proposed for residential development and on March 21, 2011, the Parties submitted a Decommissioning and Land Reclamation Plan which included plans for a proposed 30 m wide by 900 m long berm to be constructed along the southern boundary of the Lands. The Parties were advised that the Berm project could not proceed as the risk assessment information submitted was not acceptable. The Berm was constructed without authorization using contaminated materials from the Site. Sampling of materials in the berm found hazardous waste characteristics and numerous requests for characterization of soil materials and sampling results for the berm have not been acted upon. The Parties must submit a written sampling and delineation plan, prepared by an independent third party qualified environmental professional, for the constructed berm and area surrounding the berm by January 10, 2017; Implement the approved sampling and delineation plan by, or under the supervision of, a qualified environmental professional certified to practice in the Province of Alberta; and, submit a remedial action plan by June 1, 2017, which addresses the constructed berm and any areas adjacent to the Page 6 of 14
Enforcement Orders berm if hazardous waste or contamination above provincial criteria is found. Notice of Appeal filed on behalf of the Parties dated and received by the Environmental Appeals Board on December 23, 2016. Page 7 of 14
Environmental Protection Orders Cherokee Canada Inc., 1510837 Alberta Ltd. and Domtar Inc. Edmonton Plan 1321679, Block 1, Lot 1 Plan 1012AY, Block C Plan 4677CL, Block X 20-Dec-16 113 Domtar was the previous registered owner of a parcel of lands located at 44 Street and 127 Avenue in the City of Edmonton, [the "Site"] and was in operation of a wood processing plant from 1924 to 1987. In 2010 the Site was purchased from Domtar and an approval was issued jointly to Cherokee Canada Inc. and 1510837 Alberta Ltd. [the "Parties"] for the "construction, operation and reclamation of the Edmonton Wood Processing Plant" located on the Site. The Site is proposed for residential development but as a result of the historical wood processing operations, certain contaminants such as creosote, polycyclic aromatic hydrocarbons, pentachlorophenol, volatile organic compounds, dioxins/furans and non-aqueous phase liquids [the "Substances"] were released into the soil, groundwater and surface water to both on and off-site areas. The Site was partially remediated in the early 1980's and contamination was left insitu on site in an unauthorized landfill disposal area ["Parcel X"], and at the site of a former wastewater treatment pond [the "Greenbelt"]. The Parties shall submit a written sampling and delineation plan, prepared by a qualified environmental professional; Implement the approved sampling and delineation plan by, or under the supervision of, a qualified environmental professional certified to practice in the Province of Alberta; submit a remedial action plan which addresses Parcel X, Greenbelt and any other affected off-site areas if hazardous waste or contamination above provincial criteria is found; and, provide opportunities for the public who may be directly affected to comment on the proposed plans. Notice of Appeal dated and received by the Environmental Appeal Board on behalf of the Parties December 22 and 23, 2016. Federated Co-operatives Limited 22-Dec-16 113 Federated Co-operatives Limited ["FCL"] is a Registered Extra-Provincial Cooperative at the Alberta Corporate Registry with its head office located in Saskatoon, Saskatchewan. On June 9, 2016 a tractor unit and two trailers had a single motor vehicle accident when it lost control negotiating a curve on Highway 21, leaving the roadway, rolling and entering Tail Creek, on lands legally described as SW 34-38-22-W4M within the County of Stettler No. 6., Alberta. FCL reported the release of a Substance, namely diesel fuel to Alberta Environment and Parks ["AEP"] and it is estimated that approximately 16,100 litres of diesel fuel had been released into the Creek. FCL and its consultants conducted containment, mitigation and remediation measures in response to the spill, and a site assessment on July 19, 2016 found a visible sheen and hydrocarbon odour in the waters of Tail Creek. The release of the substances into Tail Creek have caused, and may continue to cause an adverse effect on the environment, including the death of and damage to aquatic and terrestrial vegetation and life, fish, amphibians, mammals and birds and the degradation of water quality. The Director is of the opinion that further remedial work is Page 8 of 14
Environmental Protection Orders required in order to delineate the extent of the release and their impacts, and to restore the aquatic environment of Tail Creek. FCL shall submit a Comprehensive Remedial Plan, to be prepared and implemented by a qualified environmental professional; provide weekly written site status reports to the Director; and provide a Final Summary Report. Page 9 of 14
Prosecutions No Activity Page 10 of 14
Tickets No Activity Page 11 of 14
Warning Letters ISL Engineering and Land Services Ltd. Calgary NW-3-23-4-W5 12-Oct-16 142(1)(e) The Company contravened the terms and conditions of Water Act Approvals 366879-00-00 and 366879-R002, as amended, by failing to immediately report five turbidity exceedances while conducting work in the Fish Creek River on April 5 and 6, 2016. Ironclad Earthworks Ltd. Calgary NW-3-23-4-W5 12-Oct-16 142(1)(e) The Company contravened the terms and conditions of Water Act Approvals 366879-00-00 and 366879-R002, as amended, by failing to immediately report five turbidity exceedances and failing to stop activities to allow sediment to dissipate below the exceedance criteria while conducting work in the Fish Creek River on April 5, 2016. Boyer, Bruce and Yeatman, Joy Saddle Hills County SE-16-78-13-W6 19-Oct-16 142(1)(h) The Parties conducted an unauthorized activity, the construction of a dugout with a capacity greater than 2500m3, without an approval on May 5, 2015. Drew Communications Ltd. Hinton Plan 0222274, Block 4, Lot 4 28-Oct-16 176, 227(j) The Company transported and disposed of hydrovac waste to a property which was not an authorized waste management facility during the period of October 1, 2014 and October 31, 2014. D.G.C. Contracting Inc. Hinton Plan 0222274, Block 4, Lot 4 28-Oct-16 176, 227(j) The Company transported and disposed of hydrovac waste to a property which was not an authorized waste management facility during the period of June 16, 2014 and October 31, 2014. FNS Fibre Network Services Inc. Hinton Plan 0222274, Block 4, Lot 4 28-Oct-16 176, 227(j) The Company transported and disposed of hydrovac waste to a property which was not an authorized waste management facility during the period of September 1, 2014 and October 31, 2014. Valard Construction Ltd. Hinton Plan 0222274, Block 4, Lot 4 28-Oct-16 227(j), 176 The Company transported and disposed of hydrovac waste to a property which was not an authorized waste management facility during the period of October 1, 2014 and October 31, 2014. Zilinski, Edward Athabasca County NW-4-68-19-W4 SW-3-68-19-W4 NW-3-68-19-W4 01-Nov-16 142(1)(h), 36(1) Mr. Zilinski failed to obtain an approval prior to commencing an activity, ditching on November 4, 2014, that may become capable of changing the location, or the direction of flow of water. An Application under the Water Act has been submitted for this activity. Parkland County Parkland County NW-23-51-7-W5 15-Nov-16 36(2) COPOS; 3(1) The County failed to provide written notification to the Director at least 14 days prior to any outfall structure activity that occurred on August 8, 2016. Page 12 of 14
Warning Letters Steffen, Faron C. and Wanchuk, Bonnie MD of Peace SW-5-83-22- W5 NW-36-82-23-W5 SW-6-83-22-W5 SE-6-83-22-W5 15-Nov-16 PLA 56(1)(d) Mr. Steffen and Ms. Wanchuk contravened the Public Lands Act with the unauthorized grazing of cattle on Crown Land on September 10, 2015. Kidco Construction Ltd. Calgary NE-16-22-1-W5 12-Dec-16 142(1)(h), 36(1) Investigation undertaken at the Yorkville Development Site on or about July 9, 2015 found the Company had infilled a portion of a Class III wetland (NE-L) without authorization. The infilled portion of the wetland was removed proactively and the site was delineated to prevent further impacts. Ronmor Holdings Inc. Calgary NE-16-22-1-W5 12-Dec-16 36(1), 142(1)(h) Investigation undertaken at the Yorkville Development Site on or about July 9, 2015 found the Company had infilled a portion of a Class III wetland (NE-L) without authorization. The infilled portion of the wetland was removed proactively and the site was delineated to prevent further impacts. AECOM Regional Municipality of Wood Buffalo NE- 35-99-8-W4 16-Dec-16 61, 227(j) The Company conducted an unauthorized activity, the burning of prohibited debris without an approval during construction of the Firebag River Bridge on or around March 30, 2015. Compliance has since been achieved through remedial clean-up of the site. Alberco Construction Ltd. Regional Municipality of Wood Buffalo NE-35-99-8-W4 16-Dec-16 61, 227(j) The Company conducted an unauthorized activity, the burning of prohibited debris without an approval during construction of the Firebag River Bridge on or around March 30, 2015. Compliance has since been achieved through remedial clean-up of the site. Wood Buffalo, Regional Municipality of Regional Municipality of Wood Buffalo NE- 35-99-8-W4 16-Dec-16 61, 227(j) The Municipality conducted an unauthorized activity, the burning of prohibited debris without an approval during construction of the Firebag River Bridge on or around March 30, 2015. Compliance has since been achieved through remedial clean-up of the site. Page 13 of 14
Water Management Orders No Activity Page 14 of 14