ALBERTA ENVIRONMENTAL APPEALS BOARD
2024 ABEAB 5 Appeal No. 23-022
Cite: One Environmental Inc. v. Director, Environmental Investigations Section, Regulatory Assurance Division, Alberta Environment and Protected Areas, re: One Environmental Inc., Lyndon Boychuk and Ryan Smith (12 January 2024), Appeal No. 23-022 (A.E.A.B.), 2024 ABEAB 5
Appellant – One Environmental Inc., Operator – One Environmental Inc., Lyndon Boychuk and Ryan Smith, Location – Rocky View County, Type of Decision and Date – Discontinuance January 12, 2024
A Notice of Appeal was received on June 27, 2023, from One Environmental Inc. with respect to the May 29, 2023, decision of the Director, Environmental Investigations Section, Regulatory Assurance Division, Alberta Environment and Protected Areas, to issue Notice of Administrative Penalty and Economic Benefit No. AP-EPEA-36979 (Penalty) to Mr. Lyndon Boychuk, Mr. Ryan Smith, and One Environmental Inc. for contravening Approval No. 347704-00-03 held by One Environmental Inc., by directing the disposal of hydrovac solids not meeting the limits for reuse at Sarcee Gravel Products Ltd. which is not an approved facility. The Director assessed an administrative penalty of $12,000.00 and a one-time amount for economic benefit in the amount of $123,804.19 for a total assessment of $135,804.19.
In consultation with the parties, the Board held a mediation meeting on October 24, 2023 involving the Director and the persons named on the Penalty. One Environmental Inc. withdrew from the mediation and withdrew their appeal. The Board closed their appeal on January 12, 2024. The Director and the other named persons on the Penalty continued their discussions.
Based upon the withdrawal of the appeal by One Environmental Inc., the Board discontinued its proceedings and closed appeal 23-022 on January 12, 2024.