This appeal is with respect to the decision of Alberta Environment to issue Environmental Protection Order No. EPO-2005/11-SR to Walter Construction Corporation for the reclamation of a sand and gravel pit within SE 1/4 10-7-29-W4M near Pincher Creek. The Hearing scheduled for November 30, 2005 in Lethbridge was adjourned as the parties were in discussions to resolve the appeal. Walter Construction and Alberta Environment subsequently reached an agreement and work was to be completed in 2006. Alberta Environment advised that a detailed site assessment is to be completed in March 2008 and remedial work is to take place during the 2008 construction season. Regular status reports were required from the parties. A meeting was held February 2, 2009 in Lethbridge, with Board Counsel facilitating the meeting. Monthly status reports will be provided by Alberta Environment, as well a reclamation plan by September 30, 2009.

Eight Notices of Appeal were received with respect to the August 25, 2005 decision of Alberta Environment to issue Environmental Protection and Enhancement Act Approval No. 00209177-00-00 to the Town of High River authorizing the construction of the Golf Course Dyke, and Baker Creek Dyke on the floodplain and/or floodway of the Highwood River. Nine Notices of Appeal were received in relation to the Amending Approval issued to the Town of High River on October 12, 2005. Mediation Meetings were held on November 25, 2005, June 20, 2006, and January 31, 2007, in High River, and the mediation is now closed. The Town of High River will be making application to Alberta Environment for an approval for additional flood control works (tight wrap dyke). The appeals will be held in abeyance until the new approval is processed. The Appellants are free to ask the Board to proceed with their appeals at any time and the Board will then decide how to proceed. As of January 31, 2007, regular status reports are to be provided by the Town of High River on its application it intends on making to Alberta Environment for the tight wrap dyke. The Town provided their technical report prepared by Golder, and comments to that report were due from the participants by May 30, 2008. Alberta Environment will not be providing comments on this report at this time. On June 2, 2008, the Board provided all the participants with the comments received on the Golder Report. On June 25, 2008 the Town advised that Golder has commenced drafting the application. The draft Alberta Environment application will be circulated to the participants for comments. A conference call took place on September 9, 2008 with Board counsel and the Town of High River to discuss the progress of their Alberta Environment application. The Town advised easements need to be completed before technical drawings for the application can be completed. Once the easements are complete it may take a further 2 months to complete the Alberta Environment application. Golder Associates provided the Town's Alberta Environment application and the Board has provided it to the participants for their comments by March 27, 2009. Golder has also sent the application to Alberta Environment and will consider the comments when received and if necessary make an amendment to their application. Comments received from the participants were sent to the Town and the Town reviewed and advised that it would not be altering the designs for either the Beachwood tight wrap dyke or the Vista Mirage project. The Town of High River placed an advertisement in the local paper on May 27, 2009, and Alberta Environment placed the notice on their website, advising that Statements of Concern for the application for the approval of the Beachwood tight wrap dyke are to be submitted to Alberta Environment by June 3, 2009. The notices were for the Beachwood tight wrap dyke only and not the Vista Mirage project.

These appeals are with respect to the November 24, 2005 decision of Alberta Environment to issue Environmental Protection and Enhancement Act Amending Approval 1190-01-13 to the Town of Strathmore for the construction, operation and reclamation of a wastewater system. The Amending Approval is an amendment to an existing approval to construct a wastewater pipeline and associated outfall to the Bow River. The treated wastewater pipeline will originate at the Strathmore wastewater storage cells located in the SE 1/4 11-24-25-W4M. The effluent conveyed by the pipeline is treated at the Strathmore wastewater treatment facility to tertiary standards. Treated wastewater will discharge from an armoured outfall into an existing surface channel running along the toe of the embankment approximately 100 metres to the secondary channel at the confluence with the Bow River.

In consultation with the participants, the Board held a Hearing on February 12, 13 and 14, 2007, in Strathmore and received final written closing comments on March 22, 2007. The Board issued its Report and Recommendations to the Minister of Environment and on May 18, 2007, the Board released its Report and Recommendations, and the Minister's Order varying the terms and conditions of the Amending Approval.

The Siksika Nation, the Siksika Nation Elders and the Town of Strathmore reserved their right, at the Hearing, to apply for costs. Cost applications were received from the Siksika Nation and the Town of Strathmore, and comments to those applications were received September 14, 2007. On April 22, 2008 the Board issued its Costs Decision awarding costs of $16,948.69 to Siksika Nation payable by the Town of Strathmore. The Board found the evidence provided by the Siksika Nation's consultants furthered the purposes of EPEA and assisted the Board in its preparation of its recommendations. The award of costs are for the Siksika Nation's consultants.

These appeals are with respect to the October 12, 2006 decision of Alberta Environment to issue Environmental Protection and Enhancement Act Environmental Protection Order No. EPO-2006/11-CR to SP79 Investments Ltd., Petro-Canada and Gulf Canada Limited with respect to the clean up of a former service station located at 5010-50 Street, SE 34-50-24-W4M, in Beaumont. SP79 Investments has also made application for a Stay of the Order. On November 9, 2006 Alberta Environment advised the Board that they have agreed to an interim Stay of the Order. In consultation with the participants, the Board had scheduled a Mediation Meeting for December 18, 2006, however, SP79 requested the Mediation Meeting be rescheduled to allow for one of their experts to attend. Mediation Meetings were held on January 19, June 26 and June 27, 2007, October 10 and 22, 2007, February 25, 2008, March 17, 2008, April 28, 2008, March 13, 2009 and an interim agreement has been reached. The Mediation Meeting is between identified participants only. The Director has closed the Order and the appeals have been withdrawn. The Board issued a Discontinuance of Proceedings on May 25, 2009 and closed its file.

The Board received Notices of Appeal from 17 Appellants with respect to 6 Amending Approvals (listed below) issued by Alberta Environment on April 30, 2007 that incorporate the Lakeland Industry and Community Association (LICA) Air Quality Monitoring Program Network.

• Imperial Oil Resources Limited Amending Approval No. 73534-00-06 authorizing the construction, operation and reclamation of the Cold Lake enhanced recovery in-situ oil sands or heavy oil processing plant and oil production site.
• EnCana Corporation Amending Approval No. 68492-00-10 authorizing the construction, operation and reclamation of the Foster Creek enhanced recovery in-situ oil sands or heavy oil processing plant and oil production site.
• EnCana Corporation Amending Approval No. 68023-00-04 authorizing the construction, operation and reclamation of the Foster Creek enhanced recovery in-situ heavy oil plant.
• Canadian Natural Resources Limited Amending Approval No. 11115-03-02 authorizing the construction, operation and reclamation of the Primrose and Wolf Lake enhanced recovery in-situ oil sands and heavy oil processing plant and oil production site.
• Husky Oil Operations Limited Amending Approval No. 147753-00-02 authorizing the construction, operation and reclamation of the Tucker enhanced recovery in-situ oil sands or heavy oil processing plant and oil production site.
• Blackrock Ventures Inc. Amending Approval No. 78161-00-01 authorizing the construction, operation and reclamation of the Hilda Lake enhanced recovery in-situ oil sands or heavy oil processing plant and oil production site.

1. Is the monitoring program, and any associated conditions or reporting activities required by the Amending Approvals, properly designed to monitor ambient air quality in relation to human health and environmental safety, including substances monitored, monitoring locations, and monitoring equipment?
2. Is the monitoring program, and any associated conditions or reporting activities required by the Amending Approvals, properly designed having regard to the potential for facility upset conditions?
3. Does the LICA Air Quality Monitoring Network have an appropriate, adequate, and fully documented audit, quality assurance, and quality control program?
4. Do personnel responsible for the operation of the LICA Air Quality Monitoring Network have appropriate training, qualifications, and accountability?

A Notice of Appeal was received on October 4, 2007 regarding the August 29, 2007 decision of Alberta Environment to issue Environmental Protection and Enhancement Act Approval No. 0020754-01-00 to the Beaver Regional Waste Management Services Commission (BRWMSC) authorizing the construction, operation and reclamation of the Beaver Regional Class II landfill where more than 10,000 tonnes per year of waste is disposed of, located in Ryley, Alberta. On November 14, 2007, the Board advised the participants that BRWMSC sees no merit or benefit to pursuing mediation and requested the Board set a written submission process to determine the issues for a Hearing and set a date for a Hearing.

Following a written submission process and the Preliminary Motions Hearing held June 16, 2008, on July 24, 2008 the Board advised the participants that the following issues will be heard at the Hearing on December 17 and 18, 2008:

1. the appropriateness and adequacy of the conditions in the Approval with respect to the abandoned wells, (a) that have been identified, and (b) that have not been identified, which may yet be encountered during construction, in the area where the expansion of the landfill is approved;
2. the effects of the expansion of the landfill on the surface water regime in the area, including but not limited to Bible Creek;
3. the appropriateness and adequacy of the conditions in the Approval with respect to the development and operation of special cells; and
4. the operation of the expanded landfill as it relates to litter, odour, noise, operating hours, and aesthetics.

A Notice of Appeal was received on February 8, 2008 from Mr. Patrick J. McCarthy with respect to the February 1, 2008 decision of Alberta Environment to refuse to issue an Approval under the Water Act to Mr. McCarthy for infilling a water body located at SW-5-47-20-W4M, near Camrose. On March 13, 2008, in consultation with the participants, the Board held a Mediation Meeting on June 2, 2008. The Mediation Meeting was between identified participants only. Following the Mediation Meeting, the Board requested the Appellant provide regular status reports. The next status report is due May 29, 2009.

On February 1, 2008, Alberta Environment wrote to Westridge Utilities Inc. advising that its application filed in 2004 for a water licence was incomplete, and because the Crown Reservation had taken effect, even if the application was completed, it could not be processed and no priority number could be issued. The application for the licence was for a diversion of water at NE 6-24-2-W5M. The Board held a Preliminary Motions Hearing on August 26, 2008 to hear submissions on whether the Board had jurisdiction to hear the appeal and the request for document production by Westridge. On October 22, 2008, the Board issued its Decision. The Board found that no decision had been made by the Director, Alberta Environment regarding the application for the water licence because the application was deemed incomplete by the technical staff of Alberta Environment. As a designated Director under the Water Act did not make a decision on the application, there was no decision that could be appealed to the Board. All of the correspondence from Alberta Environment to Westridge from the time the application was received until February 2008 reaffirmed that the application was incomplete. Westridge did not provide the additional information requested by Alberta Environment's technical staff to complete the application. The Board dismissed the appeal because it did not have jurisdiction. Because the appeal was dismissed on jurisdictional grounds, the Board did not consider the document production motion.

On December 12, 2008, Westridge filed 2 Originating Notices in the Court of Queen's Bench in Calgary (0801-15719 and 0801-15729) regarding the water application filed with Alberta Environment and the Board's October 22, 2008 Decision. The respondents in both actions are the Minister of Environment, the Attorney General, and the Regional Director, Southern Region, Alberta Environment. The matter is to be scheduled.

A Notice of Appeal was received on August 21, 2008 in relation to the August 12, 2008 decision of Alberta Environment to issue Water Act Approval No. 00236132-00-00 to the Municipal District of Rocky View No. 44 for the construction and maintenance of flood protection works within the flood plain of the Elbow River, near Bragg Creek. In consultation with the participants, a Mediation Meeting was held November 24, 2008. The Mediation Meeting is between identified participants only. An interim agreement was reached and a further mediation meeting will be held on June 16, 2009.

A Notice of Appeal was received on September 19, 2008 from the Municipality of Crowsnest Pass in relation to the August 18, 2008 decision of Alberta Environment to refuse the Municipality of Crowsnest Pass' application for a Water Act licence in relation to the proposed Sentinel water well located at SW-16-08-05-W5M. The Board has scheduled a Mediation Meeting for January 14, 2009, in Lethbridge. The Mediation Meeting is between identified parties only. On January 8, 2009, the Municipality and Alberta Environment advised they were in discussions and they were unable to compile additional technical information in time for the January 14, 2009 Mediation Meeting, and therefore, requested an adjournment of the Mediation Meeting for 6 months. On January 9, 2009, the Board granted the abeyance and requested the parties provide monthly status reports commencing January 30, 2009. The Board also advised that in light of the length of time for discussions, the Board did not see the usefulness of using further resources for a mediation meeting. The Board has requested that on or before June 1, 2009, the parties provide available dates for a Hearing in August 2009. The next monthly status report is due June 1, 2009, along with dates for a hearing in August 2009, should the appeal not be withdrawn at that time.

A Notice of Appeal was received on September 22, 2008 from the landowner appealing Alberta Environment's January 24, 2008 decision to issue Reclamation Certificate No. 00241333-00-00 to Husky Oil Operations Limited for the Husky Wainwright NW-13-27-45-06 well. The Board will set a date for a Mediation Meeting upon receiving further comments from Husky and the landowner. The issues in the Notice of Appeal relate to crop performance, as well the Appellant has requested an assessment of the site. Alberta Environment and Husky agree that an evaluation of the site is required in order to respond to the Appellant's concerns and further advised they will not proceed to a mediation meeting or hearing until the assessment is completed. The Appellant has advised the site will be in summer fallow in 2009 therefore an evaluation will not be possible. In the Board's October 31, 2008 letter, the Board advised the participants that it strives to address the appeals in the most effective manner without delay to any of the participants involved. In this case, there appears to be 2 options: 1. a site visit and mediation meeting can be scheduled in the summer of 2010; or 2. the Appellant can plant the field (ensuring representative controls are in place) and a site assessment and mediation meeting can be scheduled in the summer of 2009. Alberta Environment and Husky advised the Board they would like to proceed with option 2. On December 30, 2008, the Board requested the Appellant advise by March 9, 2009 if he will be proceeding with option 2. On March 19, 2009 upon review of correspondence from counsel for the landowner and no commitment to plant, the Board advised it will proceed to a mediation meeting and parties are to provide their schedules for July and August by March 31, 2009. On April 22, 2009, the Board scheduled the mediation meeting and site visit for August 5, 2009. The mediation meeting is between identified participants only.

A Notice of Appeal was received on October 30, 2008 with respect to EPEA Approval 1242-02-00 issued on September 30, 2008 by Alberta Environment to the Town of Turner Valley for the construction, operation and reclamation of a waterworks system for the Town of Turner Valley. Alberta Environment's record along with the participants' schedules are due November 27, 2008. Alberta Environment provided their records in relation to this appeal on December 9, 2008. They also requested the Board dismiss the appeal, citing:

• Standing - The Appellant is not directly affected as the approval will not cause a direct effect on the Appellant's interest that is actual or imminent, that the Appellant's isues are speculative and she will not be affected in a different way than any other resident.
• Not properly before the Board - The Appellant refers to perceived information gaps with respect to contaminated sites on lands not owned or under the control of the Town, that the adjacent lands do not form part of the Approval, the perceived impacts referred to by the Appellant are speculative, and responsibility for, containment of and reclamation of contaminated sites within the Town are issues beyond the scope of the Approval, and these are matters of legislation, policy and compliance and should not be considered by the Board; and the Board should decline to hear issues that are fundamentally aimed at challenging legislation and policy.
• Vague - The Appellant's concerns are vague.
• Without merit, vexatious and impractical - The Appellant has objected to the Approval in its entirety, the suggestion that the Approval Holder is incapable of following the terms and conditions in the Approval is vexatious; and requiring the relocation of wells or reconfiguration of the treatment plant in the absence of evidence of actual contamination or immitigable risk is punitive and impactical; the Town's potential future participation in a regional water system is not the subject of the Approval, is speculative and should not form part of the appeal.

A Notice of Appeal was received on November 5, 2008 with respect to Water Act Licence Nos. 00248178-00-00 and 00248186-00-00 issued on September 22, 2008 by Alberta Environment to the Hutterian Brethren of Sky Light. Licence 00248178-00-00 authorizes the operation of a works and the diversion of up to 24,257 cubic metres of water annualy for a feedlot near Milo. Licence 00248186-00-00 authorizes the operation of a works and the diversion of up to 3,982 cubic metres of water annually for municipal purposes (community water supply) near Milo. In consultation with the participants, a Mediation Meeting was held on February 10, 2009, in High River. The Mediation Meeting is between identified participants only. An agreement was reached at the Mediation Meeting with additional information required from the Appellant and Approval Holder by May 12, 2009. As of May 12, 2009 the Board has received information and is reviewing.

Three Notices of Appeal were received on February 2 and 4, 2009 with respect to to the December 30, 2008 decision of the Director, Alberta Environment, to issue to Evergreen Regional Waste Management Services Commission EPEA Approval 248406-00-00 for the construction, operation and reclamation of the Evergreen Regional Landfill (Class II) near St. Paul, where more than 10,000 tonnes per year of waste is disposed of. A stay of the Approval was also requested by the Appellants, and on March 12, 2009 after reviewing submissions, the Board decided that a stay would not be granted. Although preliminary motions were received from Alberta Environment and the Commission, on March 13, 2009 the Board requested the participants provide their schedules by March 31, 2009 for a Mediation Meeting in May or June. On April 7, 2009, the Board scheduled a mediation meeting for April 23, 2009. The mediation meeting held April 23, 2009 is ongoing.

A Notice of Appeal was received on February 10, 2009 from the landowner with respect to Alberta Environment's March 18, 2008 decision to issue Reclamation Certificate No. 00245872-00-00 to ARC Resources for the Esso Unit Pembina 2-28-49-6 well, located near Drayton Valley. On March 19, 2009 the Board requested the participants provide their schedules by March 27, 2009 for a Mediation Meeting and site visit during June 18-22 and June 24-30. The mediation meeting and site visit is scheduled for June 9, 2009. The Mediation Meeting is between identified participants only.

A Notice of Appeal was received on February 10, 2009 from the landowner with respect to Alberta Environment's May 23, 2008 decision to issue Reclamation Certificate No. 247302-00-00 to Husky Oil Operations Limited for the Renaissance 11C Berry 11-22-27-12 well, located near Sunnynook. On May 22, 2009 the Board held a mediation meeting and site visit. The mediation is ongoing and status reports are due October 30, 2009. The Mediation Meeting is between identified participants only.

A Notice of Appeal was received on May 22, 2009 from Alberta Diluent Terminal Ltd. with respect to Alberta Environment's April 22, 2009 decision to issue EPEA Approval No. 11510-02-00 to Chemtura Canada Co./CIE for the chemical manufacturing plant in northeastern edge of the City of Edmonton. On May 26, 2009, the Board requested Alberta Environment provide their records related to the Approval, and the participants provide their schedules between July 6, 2009 through to August 31, 2009 for a mediation meeting, preliminary hearing, or hearing, by June 23, 2009.