Environmental Appeal Board

Cabinet Review of EAB Decisions - Summaries

Date: December 1, 1998

Keywords: Cabinet review

Pursuant to section 12 of the Environment Management Act, Cabinet varied the Environmental Appeal Board's decision in appeal 95/31(b) (May 29, 1998), and varied the terms of an amended permit held by Celgar Pulp Company ("Celgar"). Celgar had appealed the Regional Waste Manager's decision to amend the permit by requiring that Celgar institute a comprehensive monitoring program of emission limits for nitrogen oxides on the #2 Power Boiler and the lime kiln at its pulp mill in Castlegar. The Board allowed the appeal in part, but made several orders concerning allowable emission levels, and ordered Celgar to install a sulphur dioxide scrubber on the #2 Power Boiler by December 1, 1998.

Cabinet rescinded the Board's order that Celgar install a scrubber by December 1, 1998. The Board's orders concerning sulphur dioxide and nitrogen oxide emission levels were rescinded and substituted. Cabinet also repealed and substituted other parts of the amended permit, particularly regarding the amount of time that the lime kiln and #2 Power Boiler may burn concentrated non-condensable gases, and how frequently this is reported to the Regional Waste Manager. Finally, Cabinet added "for greater certainty," that the Regional Waste Manager is fully empowered to exercise his or her statutory authority to consider new information and make new amendments to the permit for the purposes of environmental protection.
 

Order in Council No. 1370 Varying Decision 1997-WAS-010(b) Paddy Goggins and Assistant Regional Waste Manager (MB Paper Limited, Third Party)

Date: December 12, 1997

Pursuant to the authority of section 12 of the Environment Management Act, Cabinet varied the Environmental Appeal Board's decision in Appeal No. 1997-WAS-010(b) dated December 4, 1997 

In its review Cabinet varied the Board's decision. The Board had granted a stay of MacMillan Bloedel's amended permit pending which authorized the additional discharge of contaminants to the air from a new boiler at their pulp and paper mill in Powell River. Cabinet varied the Board's decision and permitted "the operation of boiler 19 pending the hearing of the appeal on its merits."
 

Order in Council No. 1304 Varying Decision 95/46, Nechako Environmental Coalition and Deputy Director of Waste Management (Canadian Forest Products Ltd., Permit Holder)

Date: November 14, 1996

Pursuant to the authority of section 12 of the Environment Management Act, Cabinet varied the Environmental Appeal Board’s decision in appeal 95/46 dated September 4, 1996.

While Cabinet did not vary the ultimate result in the appeal, it did make some notable changes to the Board’s amendments to the permit. In particular, Cabinet varied the date when the permit sections relating to phase 2 take effect and made certain actions of the Regional Waste Manager discretionary which the Board had made mandatory (e.g. ordering the installation of continuous monitoring equipment as the technology becomes available).
 

Order in Council No. 1439 Varying Decision 88/03, Cottonwood Community Association and Director of Waste Management

Date: August 3, 1988

Pursuant to the authority of section 12 of the Environment Management Act, Cabinet rescinded the Environmental Appeal Board’s decision in appeal 88/03 dated June 20, 1988.

In its decision, Cabinet rescinded the Director of Waste Management's decision granting the approval for Gold Ridge Resources Inc. to undertake an in-situ polot scale injection-recovery test at a site near Windgdam, British Columbia.
 

Disclaimer
The summaries provided on this site are an interpretation of the decisions by Board staff and may be subject to different interpretation.