  |
 |
|
|
|
|
|
  |
| |
| Revised: May 10, 2012 |
|
Date, Time, Location |
File Name and Number |
Type of Function |
|
| |
February 2, 2012
Medicine Hat
|
Cypress County
EAB 11-169-172
A Notice of Appeal was received on November 4, 2011 from Cypress County with respect to 4 decisions
of Alberta Environment and Water to issue to Cypress County:
- Water Act Licence No. 00298247-00-00, for the operation
of a works and diversion of up to 36,960 cubic metres of water annually at a maximum
rate of diversion of 0.056 cubic metres per second from the source of water for municipal
purposes from NW 35-012-06-W4M through the works of the City of Medicine Hat and
re-diverted at NE 27-012-06-W4M through the Seven Persons Potable Water Gate, for the
Hamlet of Seven Persons;
- Water Act Licence No. 00298055-00-00, for the operation of
a works and diversion of up to 81,111 cubic metres of water annually at a maximum rate
of diversion of 0-009 cubic metres of water per second from the source of water for
municipal purposes from NW 35-012-06-W4M through the works of the City of Medicine Hat
and re-diverted at NE 11-012-06-W4M through the Southwest Potable Water Gate for the
Hamlet of Dunmore;
- Water Act Licence No. 00298104-00-00, for the operation of a works
and diversion of up to 296,667 cubic metres of water annually at a maximum rate of
diversion of 0.03 cubic metres per second from the source of water for rural residential
purposes from NW 35-012-06-W4M through the works of the City of Medicine Hat and
re-diverted at NE 27-012-06-W4M through the Seven Persons Potable Water Gate, for
Westside Water Co-op Ltd.; and
- Water Act Licence No. 00298106-00-00, for the operation of
a works and diversion of up to 84,445 cubic metres of water annually at a maximum rate
of diversion of 0.046 cubic metres of water per second from the source of water for rural
community purposes from NW 35-012-06-W4M through the works of the City of Medicine Hat
and re-diverted at NE 11-012-06-W4M through the southwest potable water gate, for rural
community in Cypress County between Medicine Hat and Dunmore.
A Mediation Meeting is scheduled for February 2, 2012. Mediation Meetings are not open to the public.
|
Mediation Meeting
A.J. Fox |
| |
 |
| |
February 14, 2012
Edmonton
|
Fife Petroleum c/o Orphan Well Association
EAB 11-175
A Notice of Appeal was received from the Orphan Well Association on October 14, 2011
regarding Alberta Environment and Water's October 14, 2011 decision to cancel Reclamation
Certificate No. 00264135-00-00 that had been issued to Fife Petroleum c/o the Orphan
Well Assoc. for a well located in the County of Grande Prairie. The reclamation
certificate was cancelled as a result of an audit conducted September 1, 2011 that
revealed the vegetation failed to meet criteria and the contouring of the wellsite
does not blend or conform with adjacent land.
A Mediation Meeting is scheduled for February 14, 2012. Mediation Meetings
are not open to the public.
|
Mediation Meeting
C. Macken |
| |
|
| |
February 27, 2012
Edmonton
|
719722 Alberta Ltd.
EAB 10-031
A Notice of Appeal was received on November 19, 2010, from 719722 Alberta Ltd.
with respect to Alberta Environment and Water's November 12, 2010 decision to
issue Environmental Protection and Enhancement Act Environmental Protection
Order No. EPO-2010/48-CR to 719722 Alberta Ltd. in relation to the clean up of a retail
gas station located at 4710-50 Avenue in Calmar.
A Mediation Meeting was held on
July 19, 2011 and a further Mediation Meeting took place on February 27, 2012.
Mediation Meetings are not open to the public.
|
Mediation Meeting
D. Evans |
| |
|
| |
April 11, 12 and 13, 2012
ADJOURNED
Edmonton
|
719722 Alberta Ltd.
EAB 10-031
A Notice of Appeal was received on November 19, 2010, from 719722 Alberta Ltd.
with respect to Alberta Environment and Water's November 12, 2010 decision to
issue Environmental Protection and Enhancement Act Environmental Protection
Order No. EPO-2010/48-CR to 719722 Alberta Ltd. in relation to the clean up of a retail
gas station located at 4710-50 Avenue in Calmar.
The Mediation Meeting held February 27, 2012 is ongoing, however
the Board is moving forward with the hearing process.
The issues to be heard at the Hearing were:
- Should the Order be varied to identify other persons responsible (i.e. previous
owners or adjacent landowners)? The sustances of this issue will necessarily
include a determination as to whether Alberta Environment and Water was correct
in naming only the Appellant in the Order, and will also include the possibility
that the Board may recommend that another person or persons be named in the Order.
- Are the terms and conditions in the Order reasonable (meaning technically and
scientifically sound)?
- Is the Appellant responsible for all of the contamination that is required to
be addressed under the Order?
On March 16, 2011 Alberta Environment
and Water issued Amendment No. 3 to the Order extending the time for completion
of the requirements in the Order.
Alberta Environment and Water and the Appellant have requested that the Hearing
scheduled for April 11-13, 2012 be cancelled.
On March 22, 2012 the Board advised it would not cancel the hearing
sine die (without a new date). The Board has requested the parties and the potential
intervenors (Town of Calmar, Calmar Co-op, and two previous landowners W.W. Importers &
Exporters Ltd. and Country Club Inn Ltd.) provide the Board with
available dates in July and August for a 3-day Hearing by April 2, 2012. Despite granting the
adjournment request, the Board is concerned with the length of time that it is taking
to address this appeal. The correspondence provided to the Board includes a
further amendment to the dates in the Order that appears to have been accepted by
the Appellant. If the Appellant has accepted this amendment, the Board is uncertain
as to what issues are outstanding that could be brought forward to a Hearing. Given
this uncertainty, the parties should note that the Board is unlikely to grant further
adjournments of this matter. Due to scheduling issues, the parties are to advise
by April 30, 2012 if they are available September 24-28, October 15-18, 22-25 and 29-31, 2012.
Any person, other than the parties, who wished to make a representation before the Board
on this appeal, was to submit a request to the Board by March 19, 2012. The Board received
applications to intervene from the Town of Calmar, Leduc/Calmar Co-op, and two previous landowners W.W.
Importers & Exporters Ltd. and Country Club Inn Ltd.
On April 24, 2012, the Board
issued itsDecision
granting full intervenor status to all the applicants because the Appellant intends to
argue that other persons, including the intervenor applicants, should be named
in the Environmental Protection Order. Therefore, the Board determined that all
the applicants have a direct interest in the appeal and should be given the opportunity
to participate in the appeal.
Copies of material filed with the Board up to February 28, 2012 respecting this appeal are
available for viewing at the Calmar Public Library during its normal operating hours,
or by appointment at the Board's office in Edmonton.
The information requested is necessary to allow the Board to perform
its function. The information is collected under the authority of the Freedom of
Information and Protection of Privacy Act, section 33(c). Section 33(c) provides that
personal information may only be collected if that information relates directly to and
is necessary for the processing of this appeal. The information provided will be
considered a public record.
Following the Hearing, the Board will provide the Minister of
Environment and Water with its Report and Recommendations pursuant to the
Environmental Protection and Enhancement Act. The Minister will make the
final decision on this appeal by issuing a Ministerial Order.
|
Hearing
A. MacWilliam,
A.J. Fox,
N. Tywoniuk |
| |
|
| |
May 3, 2012
CANCELLED
Calgary
|
Water Conservation Trust of Canada
EAB 10-056
A Notice of Appeal was received on March 14, 2011 from the Water
Conservation Trust of Canada with respect to Alberta Environment and Water's February 11, 2011
decision to refuse a Water Act application from the Water Conservation Trust
of Canada for a water licence transfer to them to hold an allocation of 100 acre-feet of
water in the Medicine River at SW 02-039-03-W5M, for instream flow in the Red Deer
River for habitat enhancement, recreation, fish and wildlife, and water management.
Alberta Environment and Water advised that section 51(2) of the Water Act states
that only the government can hold a licence that provides or maintains a rate of flow
or water level requirement and only in support of a water conservation objective.
The Mediation Meeting scheduled for May 3, 2012 has been cancelled and
will be rescheduled. Mediation meetings
are not open to the public.
|
Mediation Meeting
A.J. Fox |
| |
|
| |
May 10, 2012
Calgary
|
Eastern Irrigation District
EAB 10-043
A Notice of Appeal was received on December 17, 2010, from Ecojustice on behalf of
Walter Hohloch
with respect to Alberta Environment and Water's November 18, 2010 decision to
issue Water Act Licence Amendment No. 00071066-00-01 to the Eastern Irrigation
District (EID). The licence amendment permits the water to be used for municipal, agricultural,
commercial, industrial, habitat enhancement, and recreational use.
A Mediation Meeting is scheduled for May 10, 2012.
Mediation Meetings are not open to the public. A Hearing is also scheduled
for September 17 and 18, 2012.
|
Mediation Meeting
A. MacWilliam |
| |
|
| |
May 24, 2012
Calgary
|
Fife Petroleum c/o Orphan Well Association
EAB 11-175
A Notice of Appeal was received from the Orphan Well Association on October 14, 2011
regarding Alberta Environment and Water's October 14, 2011 decision to cancel Reclamation
Certificate No. 00264135-00-00 that had been issued to Fife Petroleum c/o the Orphan
Well Assoc. for a well located in the County of Grande Prairie. The reclamation
certificate was cancelled as a result of an audit conducted September 1, 2011 that
revealed the vegetation failed to meet criteria and the contouring of the wellsite
does not blend or conform with adjacent land.
A Mediation Meeting was held on February 14, 2012 and a further
mediation is scheduled for May 24, 2012. Mediation Meetings
are not open to the public.
|
Mediation Meeting
C. Macken |
| |
|
| |
May 29, 2012
8:30 a.m.
Sawridge Inn and Conference Centre,
9510-100 Street,
Peace River
|
Clear Hills County
EAB 11-019
A Notice of Appeal was received on August 20, 2011 from Mr. Mike Rudakewich with respect
to Alberta Environment and Water's June 17, 2011 decision to issue Water Act
Approval No. 00288056-00-00 to Clear Hills County to re-route the flow of
Jack Creek from SE 29-084-04-W6 to NW21-084-04-W6 by installing a culvert
diagonally at a local road intersection (Range Road 44 and Township 844)
and constructing channel re-alignment works upstream and downstream
of the culvert, near Hines creek.
A Hearing is scheduled for May 29, 2012. The issue to be heard at the hearing will be:
Did the Director adequately consider the impct of erosion on Jack Creek and
does the Approval mitigate all potential impacts? The hearing is open to the
public for viewing only.
Any person, other than the parties, who wished to make a representation before the Board
on this appeal was to submit a request to the Board by April 27, 2012. The Board granted
limited intervenor status to Mr. Ed Mierzewski because he owns property on the
southwest corner of the realignment intersection and the realignment will impact the
creek that crosses his property.
Copies of material filed with the Board up to April 10, 2012 respecting this appeal are
available for viewing at the Fairview Public Library during its normal operating hours,
or by appointment at the Board's office in Edmonton.
The information requested is necessary to allow the Board to perform
its function. The information is collected under the authority of the Freedom of
Information and Protection of Privacy Act, section 33(c). Section 33(c) provides that
personal information may only be collected if that information relates directly to and
is necessary for the processing of this appeal. The information provided will be
considered a public record.
Following the Hearing, the Board will provide the Minister of
Environment and Water with its Report and Recommendations within 30 days of the
hearing closing, pursuant to the
Environmental Protection and Enhancement Act. The Minister will make the
final decision on this appeal by issuing a Ministerial Order.
|
Hearing
A.J. Fox
A. Kennedy
J. Barlishen |
| |
|
| |
May 30, 2012
CANCELLED
Edmonton
|
Cleanit Greenit Composting System Inc. and Kirstin Castro-Wunsch
EAB 11-177
A Notice of Appeal and a request for a Stay was received on December 20, 2011 from
Cleanit Greenit Composting System Inc. and Kirstin Castro-Wunsch with respect to the
December 13, 2011 decision of Alberta Environment and Water to issue Enforcement
Order No. EO-2011/03-NR to Cleanit Greenit Composting System Inc. and Kirstin Castro-Wunsch
in relation to a composting facility in Edmonton.
Since the filing of the appeal, the Appellant and Alberta Environment and Water
have been in discussions with regular status reports on those discussions being provided
to the Board. The next status reports are due April 30, 2012.
The mediation meeting tentatively scheduled for May 30, 2012 is cancelled
due to the Board's scheduling conflicts.
Mediation meetings are not open to the public.
|
Mediation Meeting
to be determined |
| |
|
| |
June 7, 2012
Calgary
|
Alberta Foothills Properties Ltd. (Wind Walks)
EAB 11-179
A Notice of Appeal was received on March 6, 2012 from Alberta Foothills Properties
Ltd. (Wind Walk) with respect to the February 9, 2012 decision of Alberta Environment and
Water to refuse to issue a Licence or Preliminary Certificate to them for the
diversion and use of groundwater from the Wind Walk water supply wells located at
NW 16-20-29-W4M in the Municipal District of Foothills.
A Mediation Meeting is scheduled for June 7, 2012. Mediation meetings are not open to the public.
|
Mediation Meeting
E. McAvity |
| |
|
| |
September 4, 2012
|
Advantage Oil and Gas
EAB 11-061
A Notice of Appeal was received from the landowner
on October 7, 2011 regarding Reclamation Certificate No. 00291862-00-00 issued
to Advantage Oil and Gas by Alberta Environment and Water on August 9, 2011,
for a well located near Villeneuve.
A Mediation Meeting via conference call is scheduled for September 4, 2012.
Mediation meetings are not open to the public.
|
Mediation Meeting via teleconference
A. Kennedy |
| |
|
| |
September 17 and 18, 2012
Medicine Hat
|
Eastern Irrigation District
EAB 10-038-043
A Notice of Appeal was received on December 17, 2010, from Ecojustice on behalf of
Walter Hohloch
with respect to Alberta Environment and Water's November 18, 2010 decision to
issue Water Act Licence Amendment No. 00071066-00-01 to the Eastern Irrigation
District (EID). The licence amendment permits the water to be used for municipal, agricultural,
commercial, industrial, habitat enhancement, and recreational use.
Alberta
Environment and Water requested the appeal be dismissed for not being directly affected.
The Board received submissions on various preliminary motions and
issued a Decision
advising that Mr. Hohloch is directly affected and stated it would hear
the following issues:
- Did the Director, in issuing the Licence Amendment, act in accordance with
the Water Act and the applicable Alberta Environment and Water policies,
including the South Saskatchewan River Basin Water Management Plan and the
Water Licence Change of Purpose: Administrative Licencing Criteria?
- What effect will the Licence Amendment have on Mr. Hohloch's water supply
for his cattle?
The Board does not have jurisdiction under the Irrigation Districts Act and cannot
hear arguments on the matters raised by Mr. Hohloch relating to the Irrigation
Districts Act or the contractual arrangements he has with the EID other than how
the issuance of the Licence Amendment may impact his ability to receive water under
the contract.
The Hearing scheduled for April 23 and 24, 2012 was adjourned at the
request of counsel for the EID as he was a candidate in the election on April 23, 2012.
The Board requested dates from the parties for May, June, July and August and there were no
common dates. The hearing has been rescheduled to September 17 and 18, 2012.
The Hearing will be open to the public for viewing only.
On April 25, 2012, the Board wrote to the parties advising that it has reviewed the file
looking for options to expedite the processing of this appeal. It appears that some progress could be made
on the second issue that has been set by the Board, namely the security of Mr. Hohloch's
water supply, at a mediation meeting involving all the parties. If the second issue
is resolved at mediation, the hearing would focus on
the first issue. Parties are to provide their schedules for May by May 1, 2012.
Any person, other than the parties, who wished to make a
representation before the Board on this appeal was to submit a request to the Board
by March 5, 2012. The Board received requests to intervene from Water Matters Society
and the Western Irrigation District.
The Board received comments from the parties on the applications and decided that
it would not permit Water Matters Society and the Western Irrigation District to intervene.
The Board's Decision
was issued on March 29, 2012.
Copies of material filed with the Board up to January 31, 2012 respecting this appeal are
available for viewing at the Brooks Public Library during its normal operating hours,
or by appointment at the Board's office in Edmonton.
The information requested is necessary to allow the Board to perform
its function. The information is collected under the authority of the Freedom of
Information and Protection of Privacy Act, section 33(c). Section 33(c) provides that
personal information may only be collected if that information relates directly to and
is necessary for the processing of this appeal. The information provided will be
considered a public record.
Following the Hearing, the Board will provide the Minister of
Environment and Water with its Report and Recommendations within 30 days after the
hearing closes, pursuant to the
Environmental Protection and Enhancement Act. The Minister will make the
final decision on this appeal by issuing a Ministerial Order.
|
Hearing
D. Perras,
E. McAvity,
J. Barlishen |
| |
|
| |
September 25, 26 and 27, 2012
Environmental Appeals Board office
306, 10011-109 Street,
Edmonton
|
719722 Alberta Ltd.
EAB 10-031
A Notice of Appeal was received on November 19, 2010, from 719722 Alberta Ltd.
with respect to Alberta Environment and Water's November 12, 2010 decision to
issue Environmental Protection and Enhancement Act Environmental Protection
Order No. EPO-2010/48-CR to 719722 Alberta Ltd. in relation to the clean up of a retail
gas station located at 4710-50 Avenue in Calmar.
The Mediation Meeting held February 27, 2012 is ongoing, however
the Board is moving forward with the hearing process.
The issues to be heard at the Hearing were:
- Should the Order be varied to identify other persons responsible (i.e. previous
owners or adjacent landowners)? The sustances of this issue will necessarily
include a determination as to whether Alberta Environment and Water was correct
in naming only the Appellant in the Order, and will also include the possibility
that the Board may recommend that another person or persons be named in the Order.
- Are the terms and conditions in the Order reasonable (meaning technically and
scientifically sound)?
- Is the Appellant responsible for all of the contamination that is required to
be addressed under the Order?
On March 16, 2011 Alberta Environment
and Water issued Amendment No. 3 to the Order extending the time for completion
of the requirements in the Order.
Alberta Environment and Water and the Appellant have requested that the Hearing
scheduled for April 11-13, 2012 be cancelled.
On March 22, 2012 the Board advised it would not cancel the hearing
sine die (without a new date). The Board has requested the parties and the potential
intervenors (Town of Calmar, Calmar Co-op, and two previous landowners W.W. Importers &
Exporters Ltd. and Country Club Inn Ltd.) provide the Board with
available dates in July and August for a 3-day Hearing by April 2, 2012. Despite granting the
adjournment request, the Board is concerned with the length of time that it is taking
to address this appeal. The correspondence provided to the Board includes a
further amendment to the dates in the Order that appears to have been accepted by
the Appellant. If the Appellant has accepted this amendment, the Board is uncertain
as to what issues are outstanding that could be brought forward to a Hearing. Given
this uncertainty, the parties should note that the Board is unlikely to grant further
adjournments of this matter.
Due to scheduling issues, the hearing is scheduled for
September 25-27, 2012.
Any person, other than the parties, who wished to make a representation before the Board
on this appeal, was to submit a request to the Board by March 19, 2012. The Board received
applications to intervene from the Town of Calmar, Leduc/Calmar Co-op, and two previous landowners W.W.
Importers & Exporters Ltd. and Country Club Inn Ltd.
On April 24, 2012, the Board
issued itsDecision
granting full intervenor status to all the applicants because the Appellant intends to
argue that other persons, including the intervenor applicants, should be named
in the Environmental Protection Order. Therefore, the Board determined that all
the applicants have a direct interest in the appeal and should be given the opportunity
to participate in the appeal.
Copies of material filed with the Board up to February 28, 2012 respecting this appeal are
available for viewing at the Calmar Public Library during its normal operating hours,
or by appointment at the Board's office in Edmonton.
The information requested is necessary to allow the Board to perform
its function. The information is collected under the authority of the Freedom of
Information and Protection of Privacy Act, section 33(c). Section 33(c) provides that
personal information may only be collected if that information relates directly to and
is necessary for the processing of this appeal. The information provided will be
considered a public record.
Following the Hearing, the Board will provide the Minister of
Environment and Water with its Report and Recommendations pursuant to the
Environmental Protection and Enhancement Act. The Minister will make the
final decision on this appeal by issuing a Ministerial Order.
|
Hearing
A. MacWilliam,
A.J. Fox,
N. Tywoniuk |
| |
|
| |
|
|
|
| |
|
For details regarding the appeal please go to  Status of Active Appeals.
|
|
|
|
|
|
|
 |
|
