1998 ABEAB 41 Appeal No. 98-002-DOP
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ALBERTA ENVIRONMENTAL APPEAL BOARD
Discontinuance of Proceedings
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Date of Discontinuance of Proceedings - November 6, 1998
IN THE MATTER OF Sections 84 and 87 of the Environmental Protection and Enhancement Act, (S.A. 1992, ch. E-13.3 as amended);
-and-
IN THE MATTER OF an appeal filed by Mr. Jason Krips on behalf of Mr. Glen and Ms. Debra Pashniak with respect to Approval No. 964-01-00 issued on December 22, 1997, by the Director, Northeast Boreal and Parkland Regions, Alberta Environmental Protection.
Cite as: Pashniaks v. Director, Northeast Boreal and Parkland Regions, Alberta Environmental Protection.
TABLE OF CONTENTS
BACKGROUND............................................................................................................................ 1
DECISION...................................................................................................................................... 3
BACKGROUND
[1] On December 22, 1997, the Director of Northeast Boreal and Parkland Regions, Alberta Environmental Protection, issued Approval No. 964-01-00 for the operation of a Class I wastewater treatment plant (wastewater stabilization ponds) and a Class I wastewater collection system for the Village of Marwayne.
[2] On February 3, 1998, the Environmental Appeal Board (Board) received a Notice of Appeal from Mr. Jason Krips of Wilson and Company, on behalf of Mr. Glen and Ms. Debra Pashniak (Appellants) advising that they objected to the issuance of Approval No. 964-01-00.
[3] The Board wrote to Mr. Krips on February 3, 1998, acknowledging receipt of the appeal, and by copy of that letter, requested the Department of Environmental Protection (the Department) provide copies of all related correspondence, documents and materials related to this matter. The Board also advised the Mayor of the Village of Marwayne on February 3, 1998, that an appeal had been filed.
[4] On February 25, 1998, copies of the documents requested by the Board were provided by the Department and a copy was forwarded to all parties on February 27, 1998.
[5] 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 they did not hold any hearing or review under either of their Boards’ legislation.
[6] On March 5, 1998, the Board wrote to the Appellant, the Department and the Village of Marwayne requesting further information. The Board also requested the parties advise whether they wished to have a mediation meeting under section 11 of the Environmental Appeal Board Regulation.[1]
[7] The Board wrote to all parties on March 30, 1998, advising that a mediation meeting would be held on April 30, 1998. A Notice of Mediation and Public Hearing advertisement was placed in the Lloydminster Meridian Booster on April 8, 1998, stating that a mediation meeting would be taking place on April 30, 1998 and a hearing on June 29, 1998.
[8] On April 28, 1998, Mr. Krips wrote to the Board requesting “an adjournment sine die of the Environmental Appeal Board (“EAB”) mediation meeting set for April 30, 1998". The adjournment was requested “to allow the Village of Marwayne time to collect information regarding a proposed settlement of the appeal”. The adjournment request was granted by the Board on April 29, 1998.
[9] Additional correspondence was received from the parties in June, July and August 1998 agreeing to further adjournments of this matter in order to reach the possibility of settlement.
[10] In a letter dated November 2, 1998, Mr. Krips advised the Board that the “Village of Marwayne and the Pashniaks are in the final stages of closing a settlement agreement regarding the appeal filed with the Environmental Appeal Board on February 3, 1998.”
[11] On November 6, 1998, the Board received a letter from Mr. Jason Krips on behalf of the Appellants stating:
“Further to our correspondence of November 2, 1998, this letter serves as formal notice to the Environmental Appeal Board (“EAB”) that Debra and Glen Pashniak (the “Pashniaks”) have finalized a settlement agreement with the Village of Marwayne regarding EAB Appeal No. 98-002 the Pashniaks filed on February 3, 1998.
As a result, the Pashniaks hereby formally withdraw EAB Appeal No. 98-002 filed February 3, 1998 and confirm that this matter is now at a conclusion.”
DECISION
[12] Pursuant to section 87(7) of the Environmental Protection and Enhancement Act, and based on Mr. Krips’ letter of November 6, 1998, the Board hereby discontinues its proceedings in appeal 98-002 and will be closing its file.
Dr. William A. Tilleman