Enforcement of the Environmental Protection and Enhancement … · 2016-12-22 · The C om pany pe r ates the Pai nea Cl ss I L dfill us to an Ap prov al. ... compared against 0.015

Enforcement Actions 1 Apr 2016 – 30 Jun 2016

Compliance Assurance, Operations Division

Sep 2016

Sep 2016 Enforcement Actions 1 Apr 2015 – 30 Jun 2016

© 2016 Government of Alberta

Page 2 of 14

Company/Individual Municipality / LLD Decision Date/

Penalty Act/

Regulation Comments / Disposition

Bremner Engineering and Construction Ltd.

MD of Bighorn 14-24-10-W5 13-24-10-W5 12-24-10-W5

Administrative Penalties

01-Apr-16 PLA 56(1)(n)

SEE DETAILS: "Bighorn No. 8, Municipal District of"

Bighorn No. 8, Municipal District of

MD of Bighorn 14-24-10-W5 13-24-10-W5 12-24-10-W5

01-Apr-16

Assessed: $55,000.00

PLA 56(1)(n)

The Municipal District of Bighorn No. 8 contracted Bremner Engineering and Construction Ltd. to design, construct and obtain all required authorizations to build water and wastewater servicing pipelines on Public Lands located between the Town of Canmore and the Hamlet of Dead Man’s Flats. On certain dates in the months of April, May, June, August, September and October 2014, construction activities were conducted in adverse ground conditions; activities were undertaken in a Key Wildlife and Biodiversity Zone, and, within a Mountain Goat and Sheep Area during the restricted activity period; the Company failed to install sediment and erosion control measures to prevent the release of sediment from entering six drainages within the Project area; failed to notify the Department upon initial entry onto the disposition; failed to install swamp mats for vehicle crossings over the drainages; failed to salvage and store the topsoil separately from the subsoil; stored small woody debris, topsoil, rocks, trench material, gravel padding material and grade material within the drainages; prevented the natural flow of water specifically at drainages 2 and 3 and; failed to take all precautions and safeguards necessary and to install erosion prevention measures, to prevent soil and surface erosion within the project area.

Alberta Whitewater Association

Kananaskis Improvement District 26-24-8-W5

23-24-8-W5 14-24-8-W5 15-24-8-W5

15-Apr-16

Assessed: $5,000.00

WA 142(1)(e)

The Alberta Whitewater Association is an active Alberta Society that operates a facility for recreational activities on the Kananaskis River. On April 16, 2014, it contravened Clause 3.1 of Approval No. 320828-00-00 for failure to comply with Report No. 320828-R001, for the use of concrete blocks in the construction activity not authorized under the Approval; Clause 4.1 and 4.2 for failure to develop, write and implement a Siltation and Erosion Control Plan; and Clause 2.0 for the failure to immediately report a contravention of the Approval. Notice of Appeal and request for a stay received by the Environmental Appeal Board 22 April 2016.

Secure Energy Services Inc. MD of Greenview SW-5-64-20-W5

32-63-20-W5

22-Apr-16

Assessed: $2,000.00

AEPEA(R) 227(e)

The Company operates the Fox Creek Class II Industrial Landfill pursuant to an approval. It contravened its approval on April 24, 2014 by failing to immediately report to the Director any contravention of the terms and conditions of the approval. Paid 5 May 2016.

Sep 2016 Enforcement Actions

1 Apr 2015 – 30 Jun 2016 © 2016 Government of Alberta

Page 3 of 14

Company/Individual Municipality / LLD

Decision Date/

Penalty Act/

Regulation

Comments / Disposition

Administrative Penalties

Progressive Waste Solutions Canada Inc.

County of Paintearth NE-34-36-11-W4

06-May-16

Assessed: $3,500.00

AEPEA(R) 227(e)

The Company operates the Paintearth Class II Landfill pursuant to an Approval. It contravened its approval by failing to take all necessary measures to establish and maintain litter controls to minimize the escape of waste from the Landfill site, by not conducting adequate repairs and maintenance to the litter control and other fencing and permitting windblown litter to escape from the Landfill in March and April of 2014; and, failing to report a contravention of the Approval. Paid 27 May 2016.

West Fraser Mills Ltd. MD of Big Lakes NE-21-72-14-W5

19-May-16

Assessed: $5,639.19

FRSTA 10 60/1973; 100(1)(b)

The Company failed to comply with the Forests Act by conducting unauthorized cutting of forest growth (coniferous and deciduous) on forest land within the buffer zone of a small permanent water course. In addition, the Company failed to comply with the Timber Management Regulation that requires compliance with the Forest Management Agreement 9000028 (O.C. 260/2012), which requires timber harvesting and reforestation operations to be conducted in accordance with the approved groundrules. The Company contravened the Slave Lake Regional Timber Harvest Planning and Operating Ground Rules ("OGRs") when it failed to comply with the Watershed Protection requirements identified in section 6.0 of the OGRs for the failure to provide riparian protection in areas that are established in Table 2 to the unmapped unnamed watercourse encountered during operations. Paid 7 June 2016.

Terry's Lease Maintenance Ltd. Mountain View County SE-3-34-4-W5

10-Jun-16

Assessed: $4,500.00

AEPEA(R) 163(1)

The Company applied pesticides, being Karmex DF and Vantage XRT in a concentration exceeding the specified label directions. Notice of Appeal dated and received by the Environmental Appeals Board 12 July 2016.



Page 4 of 14


Decision Date/

Penalty Act/

Regulation


Amended Enforcement Orders

Motkoski, Ron and Motoski Holdings Ltd.

Yellowhead County SW-23-52-19-W5

3- Jun-16 WA 36(1)

Amendment No. 1 issued to WA-EO-2015/04-UAR striking out "September 4, 2015" and replacing it with "June 29, 2016" in Clause 3; striking out "a Professional Biologist with a minimum MSc or PhD in a Fisheries or related field" and replacing it with "a Qualified Aquatic Environmental Specialist, or other professional with equivalent or greater qualifications, wth experience in fisheries or related field and approved by the Director (the "QAES")" in Clause 4(b), and; adding "and the QAES" following "the Qualified Professional" in Clause 5(b).



Page 5 of 14


Decision Date/

Penalty Act/

Regulation


Amended Environmental Protection Orders

1370996 Alberta Ltd.

Vulcan County W-11-14-23-W4

4- ay-16 AEPEA(R) 113

Amendment No. 7 issued to EPO-2015/02-SSR deleting "May 9, 2016" in clause 3 of Amendment No. 5 and replacing with "July 15, 2016"

1370996 Alberta Ltd. Vulcan County W-11-14-23-W4

31-May-16 AEPEA(R) 113

Amendment No. 8 issued to EPO-2015/02-SSR removing Clauses 1(d), 6, 7, 8 and removing and replacing Clause 3 of Amendment No. 1 to EPO-2015/02- SSR.

Millar Western Industries Ltd. Woodlands County NW-24-60-14-W5

24-Jun-16 AEPEA(R) 113

Amendment No. 1 issued to EPO-2016/02-UAR implementing Sections 3.1, 3.2, 4.0, 4.1 and 6.0 of the 2016 Surface Water and Sediment Monitoring Plan submitted to the Director on June 20, 2016, in accordance with the timelines set out in each section; Implementing Section 5.0 of the 2016 Surface Water and Sediment Monitoring Plan, except the words "Phenol parameters will be compared against 0.015 mg/L, the identified concentrations of phenols in background monitoring wells", are removed and replaced by, "Phenol parameters will be compared against the Environmental Quality Guidelines for Alberta Surface Waters (July 14, 2014)".; Adding ", Association of Professional Engineers and Geoscientists of Alberta (APEGA) or Alberta Institute of Agrologists." to the end of clause 5 of EPO-2016/02-UAR; Deleting "June 25, 2016" in clause 6(f) of EPO-2016/02-UAR and replacing with "June 30, 2016"., and; Deleting clause 8 of EPO-2016/02-UAR and replacing with: "Millar Western shall include in its 2017 Annual Groundwater Monitoring Program Summary Report, which is due on March 31, 2017, a section entitled "Surface Water and Sediment Report."



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Decision Date/

Penalty Act/

Regulation


Amended Water Management Order

Skoreyko Crushing Ltd., Skoreyko, Travis & Williams, Brian Keith and Shelly

Lac La Biche County SW-10-65-14-W4

01-Apr-16 WA 99(1), 97(1)(c)

Amendment No. 2 issued to WMO-2016/01-LAR deleting "April 1, 2016 at 4:00PM" and replacing it with "April 6, 2016 at 4:00pm" in Clause 2.



Page 7 of 14


Decision Date/

Penalty Act/

Regulation


No Activity

Enforcement Orders



Page 8 of 14


Decision Date/

Penalty Act/

Regulation


Environmental Protection Orders

Millar Western Industries Ltd.

Woodlands County NW-24-60-14-W5 SE-26-60-14-W5 SW-25-60-14-W5

20-Apr-16 AEPEA(R) 113

Millar Western Industries Ltd. holds a miscellaneous lease ["DML 950087"] on public land located in Woodlands County, Alberta, [the "Lands"] and is the owner and operator of the Chickadee Creek Wood Waste Incinerator, which was authorized under the Environmental Protection and Enhancement Act Approval 9835-02-00, as amended, on the Lands. The Approval required Millar Western to submit a Decommissioning and Land Reclamation Plan within six months of the plant, including the incinerator, ceasing operation. On or about May 28, 2015, Millar Western advised Alberta Environment and Parks ["AEP"] that it would like to redesignate the incinerator site for a new purpose. The Decommissioning and Land Reclamation Plan was submitted to AEP on December 22, 2015, however, the approval renewal application was not received prior to its expiry on January 1, 2016. The expired approval resulted in there being no authority for Millar Western to conduct any activity on the Lands. Millar Western cannot implement its 2015 Decommissioning and Reclamation Plan as the approval has expired and the Director is of the opinion that a release of one or more substances into the environment has occurred and may occur, and that the release of one or more of the substances may cause or is causing an adverse effect. Millar Western shall carry out its monitoring, reporting, and decommissioning and reclamation requirements as set out within this Order until the new approval can be issued.

728106 Alberta Ltd. and Wendrich, Wolfgang

Crowsnest Pass NW-12-8-5-W5

30-Jun-16 AEPEA(R) 241, 150(1)

728106 Alberta Ltd. operates the Crowsnest Mountain Resort and Wolfgang Wendrich is the sole Director of Company. The Resort is composed of a campground with 132 sites which include 14 year round sites for recreational vehicles, 36 seasonal sites for recreational vehicles, 82 camp sites, a banquet hall, an acupuncture treatment centre, and 5 rental cabins [the "Resort Facilities"]. The Company holds an approval for the construction, operation and reclamation of a waterworks system for the Resort and the raw water source for the waterworks system is a groundwater well under direct influence of surface water located on the Lands. On July 14, 2015, Alberta Environment and Parks ["AEP"] received a public complaint about the water quality at the Resort. Inspections of the Resort found the waterworks system had not been constructed for the treatment of potable water, the Resort was delivering raw water from the water well without treatment from the approved waterworks system and Alberta Health Services had placed the Resort under a Boil Water Order since December 14, 2012. Mr. Wendrich was advised to immediately cease the provision of water through the non-compliant water delivery system and to provide steps taken and proposed alternatives for the immediate and future provision of potable water at the Resort. An inspection confirmed the Parties were continuing to operate in non-compliance and the Director is of the

Aug 2016 Enforcement Actions


Page 9 of 14


Decision Date/

Penalty Act/

Regulation


Environmental Protection Orders

opinion that the non-compliant water delivery system is being operated or maintained in a manner that may cause or is causing the potable water supplied by that system to be unfit for its intended uses. The Parties shall immediately cease operation of all parts of the non-compliant water delivery system. Notice of Appeal and request for a stay dated June 30, 2016 and rec'd by the Environmental Appeals Board July 4, 2016.



Page 10 of 14


Decision Date/

Penalty Act/

Regulation


Carmacks Industrial Ltd.

Fort McMurray SE-4-92-10-W4

Order to Vacate

03-May-16 PLA 47.1, 47(1)(a)(b)

Carmacks is unlawfully occupying public lands legally described as SE Section 4, Township 92, Range 10, West of the 4th Meridian near Fort McMurray, Alberta [ the "Crown Lands"]. Section 20 of the Public Lands Act states that no person shall enter on and occupy any public land unless authorized by Alberta Environment and Parks ["AEP"]. AEP has never authorized Carmacks to enter and occupy the lands for any purpose. The Company shall forthwith vacate the Crown Lands and prior to vacating, remove all chattels and any buildings or other improvements erected or created by, or on behalf of Carmacks on or under the Crown Lands including but not limited to; quonset huts, generators, Sea-Can containers, waste, debris, and; provide written notice to AEP upon completion of the removal.



Page 11 of 14


Decision Date/

Penalty Act/

Regulation


Prosecutions

Western Air Spray Inc.

08-Jun-16

Penalty: $12,500.00

AEPEA(R) 61

Count 1: "Co-accused Hnatko, Bobby Fred" On or between June 1, 2013 and September 30, 2013, both dates inclusive, at or near Falher, in the Province of Alberta, did commence or continue any activity that is designated by the regulations as requiring a registration without holding the required registration, to wit: did offer or provide a service involving the use or application of a pesticide listed in Schedule 2 for hire or reward without being the holder of a valid pesticide service registration as required by section 7(1)(a) of the Pesticide (Ministerial) Regulation, contrary to section 61 of the Environmental Protection and Enhancement Act and did thereby commit an offence contrary to 227(j) of the Environmental Protection and Enhancement Act, evidence of the said offence having first come to the attention of the Director on January 3, 2014. Pled guilty and was sentenced to a fine of $12,500.00.



Page 12 of 14


No Activity

Decision Date/

Penalty

Tickets

Act/

Regulation




Page 13 of 14


Decision Date/

Penalty Act/

Regulation


Chemisphere Solutions Ltd.

St. Albert Plan 8021833, Block 4, Lot 11

Warning Letters

06-Apr-16 AEPEA(R) 109(2)

The Company had an unauthorized release of a substance into a storm drain on or around May 2, 2015.

Lacombe County Lacombe County SE-28-39-27-W4

06-Apr-16 AEPEA(R) 61

The County conducted an activity, the operation of two Water Distribution and Wastewater Collection Systems without authorization on or between May 1, 2014 and October 28, 2014. Registrations were issued for both systems on October 28, 2014 to ensure the systems are required to operate in accordance with their respective Codes of Practice.

Sylvan Bay Resort Inc. Sylvan Lake SE-32-38-1-W5

15-Apr-16 WA 36(1)

The Company conducted unauthorized activities within a water body on or between April 14 and October 17, 2014. These activities were a requirement of DLO 811245 and though a Water Act approval application had been submitted, it had not been issued. Application 001-00350174 should be withdrawn and a new approval application should be submitted for maintenance events that will run concurrent to DLO 811245.

Tervita Corporation MD of Greenview SW-29-62-20-W5

09-May-16 WA 142(1)(e)

The Company contravened its Water License by failing to measure the water levels in the production well on a monthly basis while water was being diverted and, failed to report a contravention of the terms and conditions of the license between the dates of September 1, 2014 and May 31, 2015. The Contravention was reported to the Department on November 17, 2015, repairs were made to the well casing and water levels can now be measured.



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Decision Date/

Penalty Act/

Regulation


No Activity

Water Management Orders

Documents

Enforcement of the Environmental Protection and Enhancement … · 2016-12-22 · The C om pany pe r ates the Pai nea Cl ss I L dfill us to an Ap prov al. ... compared against 0.015