1998 ABEAB 34 Appeal No. 98-235-R
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ALBERTA ENVIRONMENTAL APPEAL BOARD
Report and Recommendations
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Date of Report and Recommendations - October 1, 1998
IN THE MATTER OF Sections 84, 85, 87, 91, 92 and 93 of the Environmental Protection and Enhancement Act, (S.A. 1992, ch. E-13.3 as amended);
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IN THE MATTER OF an appeal filed by Mr. Edward W. Grumbach with respect to Approval 1104-01-00 issued to the Town of Rimbey on May 12, 1998 by the Regional Director, Parkland Region, Alberta Environmental Protection.
Cite as: Grumbach v. Regional Director, Parkland Region, Alberta Environmental Protection Re: Town of Rimbey.
MEDIATION MEETING BEFORE Mr. Ron V. Peiluck
APPEARANCES
Appellant: Mr. Edward W. Grumbach
Other Parties: Mr. David Day, counsel, Alberta Justice, representing Mr. Alvin Beier, Alberta Environmental Protection
Mr. Greg Gayton, Town Manager, Town of Rimbey, His Worship Mayor Earl Giebelhaus, Town of Rimbey, Mr. Vern Browne, Public Works Foreman, Town of Rimbey
Mr. Murray Ormberg and Ms. Mhairi Grumbach
TABLE OF CONTENTS
BACKGROUND............................................................................................................................ 1
THE MEDIATION MEETING...................................................................................................... 3
RESOLUTION AGREEMENT...................................................................................................... 4
RECOMMENDATIONS................................................................................................................ 5
ORDER........................................................................................................................................... 6
BACKGROUND
[1] On May 12, 1998, the Regional Director, Parkland Region, Alberta Environmental Protection, issued Approval 1104-01-00 to the Mayor of the Town of Rimbey for the operation of two Class I Wastewater treatment plants (wastewater stabilization ponds and aerated stabilization ponds), a Class II wastewater collection system and a storm drainage system for the Town of Rimbey:
[2] On June 29, 1998, the Environmental Appeal Board (the Board) received a Notice of Appeal dated June 24, 1998 from Mr. Edward W. Grumbach (the Appellant) advising that he objected to the Approval.
[3] The Board wrote to Mr. Grumbach on June 29, 1998, acknowledging receipt of his appeal, and by copy of this letter, requested the Department of Environmental Protection (the Department) provide copies of all related correspondence, documents and materials related to this matter. On that same date, the Board wrote to the Mayor of the Town of Rimbey (Approval Holder) advising him that a Notice of Appeal had been filed by Mr. Grumbach and provided him with a copy of the appeal.
[4] According to standard practice, the Board wrote to the Natural Resources Conservation Board (NRCB) and the Alberta Energy and Utilities Board (AEUB) asking whether this matter had been the subject of a hearing or review under their respective Boards’ legislation. Replies were subsequently received from both the NRCB and the AEUB stating that they did not hold any hearing or review under either of their Boards’ legislation.
[5] In the Department’s July 14, 1998 letter, they raised several preliminary issues and enclosed the documents requested. A copy of these documents were forwarded to Mr. Grumbach and the Town of Rimbey on July 28, 1998.
[6] On July 28, 1998, the Board wrote to the Appellant, and asked that he provide comments. The letter stated:
“In his July 14, 1998 letter, Mr. Day, counsel for the Director, suggests that your appeal was not filed within the time limit required by section 84(c) of the Environmental Protection and Enhancement Act (the “Act”), Chap. E-13.3, as amended. According to that section, a notice of appeal must be filed within “30 days after receipt of the decision objected to or the last provision of the notice appealed from, as the case may be. . . .” Please submit to the Board a written response to Mr. Day’s concern explaining whether, in your opinion, your appeal was filed in time. Your response should be as detailed as possible and should include copies of all documents to which your explanation refers. We are providing you with a copy of Part 3 of the Act to assist you in understanding and responding to Mr. Day’s concerns.”
[7] The Appellant responded to the Board’s letter on August 4, 1998 regarding the timeliness of his appeal.
[8] In the Board’s letter of August 11, 1998, addressed to Mr. Grumbach and copied to the parties, the Board requested that the parties advise whether they wished to have a mediation meeting under section 11 of the Environmental Appeal Board Regulation[1] and if there were any other persons who may have an interest in the appeal. On this same date, the Board wrote to the Department and the Approval Holder asking for their position on whether the Appellant is “directly affected”, as well as comments on participating in a mediation meeting and asking whether there were any other persons who may have an interest in the appeal.
[9] On August 26, 1998, the Board wrote to all parties informing them that a mediation meeting would be held on September 30, 1998. An Notice of Mediation and Public Hearing was placed in the Rimbey Review on September 2, 1998 stating that a mediation meeting would be taking place on September 30, 1998.
THE MEDIATION MEETING
[10] The Board conducted a mediation meeting in Bentley, Alberta on September 30, 1998, with Mr. Ron Peiluck as the presiding Board member.
[11] According to the Board’s standard practice, the Board called the mediation meeting in an attempt to mediate or facilitate the resolution of this appeal, or failing that, to structure procedural arrangements for the oral hearing. The Board invited representatives from each party to participate in the mediation meetings.
[12] In conducting the mediation meeting, Mr. Peiluck reviewed the appeal and mediation process and explained the purpose of the mediation meeting. He then circulated copies of the “Participants’ Agreement to Mediate” in which all parties signed.
[13] Following productive and detailed discussions, the attached resolution evolved at the meeting held on September 30, 1998 and was signed (see page 4 of this report).
(14) RESOLUTION OF APPEAL NO. 98-235 REGARDING APPROVAL NO. 1104-01-00
ISSUED TO THE MAYOR OF THE TOWN OF RIMBEY
All parties to the appeal have agreed to the following terms and conditions:
1. That the Appellant, so long as he is the registered owner of the land, or the other
person whom the registered owner directs in writing, be notified of releases.
2. That when the Town of Rimbey becomes aware of potential or existing flooding
problems related TO the easement on SE 14 42 2 W%, notice be given immediately
to the Appellant.
3. That, where practicable, consultations occur with the Appellant prior to modifications
to the easement on SE 15 42 2 W%.
4. THAT the Appellant, Mr. Edward W. Grumbach, hereby agrees to withdraw his
Notice of Appeal.
RESOLUTION AGREED TO BY:
“original signed by” Date: September 30, 1998
Mr. Edward W. Grumbach
“original signed by” Date: September 30, 1998
Director, Alberta Environmental
Protection
“original signed by” Date: September 30, 1998
Town of Rimbey
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RECOMMENDATIONS
[15] The Board recommends that the Minister of Environmental Protection approve the conditions of the Resolution contained herein.
[16] Further with respect to section 92(2) and 93 of the Environmental Protection and Enhancement Act, the Board recommends that copies of this Report and Recommendations and of any decision by the Minister be sent to the following parties:
• Mr. Edward W. Grumbach;
• His Worship Mayor Earl Giebelhaus, Town of Rimbey; and
• Regional Director, Parkland Region, Alberta Environmental Protection, represented by Mr. David Day, counsel, Alberta Justice.
Dated October 1, 1998, at Edmonton, Alberta.
“original signed by”
Mr. Ron V. Peiluck
ORDER
I, Ty Lund, Minister of Environmental Protection:
yes Agree with the Recommendations of the Environmental Appeal Board and order that they be implemented.
Do not agree with the Recommendations of the Environmental Appeal Board and make the alternative Order set out below or attached.
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Dated at Edmonton this 5 day of October 1998.
“original signed by”
Honourable Ty Lund
Minister of Environmental Protection
Refer to Attachments (only if applicable)