Enforcement Actions 1 Oct Dec Compliance Assurance, Operations Division

Transcription

1 Compliance Assurance, Operations Division

2 Administrative Penalties Balzac Commercial Campus Ltd. Rocky View County NW W4 14-Oct-15 Assessed: $9, WA 36(1), 142(1)(h) Between August 1, 2013, and October 13, 2013, Balzac Commercial Campus Ltd. and D.A. Watt Consulting Group Ltd. conducted an activity without an approval, being the removal of two wetlands, (Wetland #9 and #11) which may change the location or flow of water. Paid 28 October D. A. Watt Consulting Group Ltd. Rocky View County NW W4 14-Oct-15 WA 36(1), 142(1)(h) SEE DETAILS: "Balzac Commercial Campus Ltd." Alberta Ltd. Lac Ste. Anne County SW W5 30-Oct-15 Assessed: $4, WA 36(1), 142(1)(h) The Company conducted an activity; the removal of aquatic vegetation and the placement of gravel fill on the shoreline of Lac La Nonne without an Approval under the Water Act. Paid 22 January Page 2 of 15

3 Amended Enforcement Orders Diamond H. Farms Ltd. And Hebert, Paul & Hebert, Gabriel MD of Bonnyville NW W4 22-Dec-15 WA 36(1) Amendment No. 1 issued to Enforcement Order No. WA-EO-2015/05-LAR amending Clause 3 by deleting the phrase "October 30, 2015" and replacing it with "January 20, 2016". Clause 3 is further amended by including the phrase "and developed in consultation with AEP" after the phrase "In carrying out the requirements of Clause 2, the Parties shall ensure that the Remedial Plan proposed by the QWSP". All other clauses in the Order remain in force. Page 3 of 15

4 Amended Environmental Protection Orders Alberta Ltd. Vulcan County W W4 02-Oct-15 AEPEA(R) 113 Amendment No. 2 issued to EPO-2015/02-SSR requiring the Company to immediately fully delineate the Substance that remains on and under the Site and on and under all land adjacent to the Site; complete soil sampling and analysis; and submit a written Soil Delineation Report signed by a registered professional Alberta Ltd. Vulcan County W W4 14-Oct-15 AEPEA(R) 113 Amendment No. 3 issued to EPO-2015/02-SSR deleting "October 19, 2015" in clause 4 of Amendment No. 2 and replacing with "October 31, 2015" Leduc County Leduc County NE W4 13-Nov-15 AEPEA(R) 113 Amendment No. 3 issued to EPO-2015/01-UAR deleting the phrase "by October 27, 2015", and replacing it with the phrase "within 21 days after the receipt of the Director's written approval of the Remediation Plan." in Clause 7. All other clauses in the EPO remain in force Alberta Ltd. Vulcan County W W4 27-Nov-15 AEPEA(R) 113 Amendment No. 4 issued to EPO-2015/02-SSR requiring the Company submit to the Director for approval, a written In-Situ Groundwater Delineation Proposal; Implement the In-Situ Groundwater Delineation Proposal within the timeline specified in writing by the Director; Remedy, manage, remove or otherwise remediate the Substance in all soil that remains on or under the Site, including but not limited to the lower bank area, the pit run area; the upper bank area and on and under all land adjacent to the Site; Protect from damage and keep locked, except when being sampled, all groundwater monitoring wells; Clean, repair or replace the groundwater monitoring well and collect and analyze a representative groundwater sample prior to the next scheduled sampling event if a sample cannot be collected because the well is damaged or is no longer capable of producing a representative groundwater sample. Leduc County Leduc County NE W4 10-Dec-15 AEPEA(R) 113 Amendment No. 4 issued to EPO-2015/01-UAR deleting the phrase "within 21 days after the receipt of the Director's written approval of the Remediation Plan" and replacing it with "January 8, 2016" in Clause 7. All other clauses in the EPO remain in force. Page 4 of 15

5 Amended Environmental Protection Orders Leduc County Leduc County NE W4 16-Dec-15 AEPEA(R) 113 Amendment No. 5 issued to EPO-2015/01-UAR deleting the phrase "January 8, 2016" in Clause 7 and replacing it with "January 13, 2016". All other clauses in the EPO remain in force. Page 5 of 15

6 Enforcement Orders Horse Creek Water Services Inc. Rocky View County SE W5 02-Oct-15 AEPEA(R) 61 On July 20, 2004, Alberta Environment and Parks ["AEP"] issued Approval No under the Environmental Protection and Enhancement Act ["EPEA"] to Medallion Cochrane Lakes Land Development Corporation which expired on July 1, The Former Approval was issued for the purpose of construction, operation and reclamation of a waterworks system for the Cochrane Lakes Development, a residential subdivision in the Municipal District of Rocky View, Alberta. The Approval was transferred to Horse Creek Water Services Inc. on January 6, 2015 and they failed to submit a renewal application prior to the expiry date of July 1, Under EPEA, no person shall commence or continue any activity that requires an approval unless the person holds the required approval. The Company requires authorization to operate the Facility in accordance with the terms of the Former Approval until such time that a new EPEA approval can be applied for. Horse Creek Water Services Inc. must continue to monitor and operate the waterworks system according to the guidelines specified within the order with regards to sampling, recording and reporting and; submit a complete application for a new approval under EPEA for the operation of the Facility that is prepared by a professional engineer certified to practice in Alberta. Diamond H. Farms Ltd. and Hebert, Paul & Hebert, Gabriel MD of Bonnyville NW W4 SE W4 9- Oct-15 WA 36(1), 142(1)(h) Diamond H. Farms, Paul Hebert, and Gabriel Hebert ["The Parties"] are the current owners of lands legally described as NW W4M and SE W4M and there is a culvert which runs north to south under Secondary Highway 612 allowing Columbine Creek to flow through the lands. In 2011, Alberta Environment and Parks ["AEP"] received complaints of impacts due to flooding caused by construction equipment used by the Parties. An Investigation on the lands identified the Parties had commenced or continued activities in relation to Columbine Creek without authorization and a Warning letter was issued to the Parties notifying them that they were in Contravention of the Water Act. In 2014, AEP received further complaints and a site inspection confirmed altered drainage, as well as the presence of fill materials within the Creek. AEP has not issued an Approval to any of the Parties for the Unauthorized Activities undertaken in the Columbine Creek on The Lands. The Director is of the Page 6 of 15

7 Enforcement Orders opinion that unless the Creek on the lands is remediated and stabilized prior to the spring 2016 runoff, there is potential for further significant adverse effect to the environment downstream of the Creek due to erosion and sedimentation, and a further potential of the harmful destruction and alteration of fish and fish habitat due to lost ability to navigate the creek for spawning, feeding and refuge activities. The Parties shall immediately cease all activities related to or connected with the Unauthorized Activities; Submit a Remedial Plan prepared by a Qualified Wetland Science Practitioner ["QWSP"]; Implement the work identified in the approved Remedial Plan; Submit written reports confirming that the work identified in the Remedial Plan is being completed and is directly supervised and documented by the QWSP. Notice of Appeal received by the Environmental Appeals Board 16 October Wiebe, John (Jack) MacKenzie County SE W5 10- Nov-15 PLA 20 An Inspection by Alberta Environment and Parks {"AEP"] on April 10, 2014 confirmed the presence of a residential dwelling, various outbuildings and structures, farm equipment, gardens and landscaped areas, utility services and other miscellaneous property as well as unauthorized haying on public lands legally described as the SE W5M, located within Mackenzie County, Alberta. John Wiebe owns approximately hectares of land that is immediately adjacent to the Crown Lands. A subsequent inspection of the Crown Parcel also noted that a second parcel of public lands adjacent to Crown Parcel #1 that is owned by the Crown ["Crown Parcel #2], was being hayed. Department staff advised Wiebe that he was occupying public lands without authority. Wiebe confirmed that he owned the residential dwelling, various outbuildings and structures, farm equipment, gardens and landscaped areas, utility services (including electricity services, phone line, underground gas line and meter) and other miscellaneous personal property located on Crown Parcel #1 [the "Unauthorized Works"]. AEP advised Wiebe that the Unauthorized Works were not permitted and would have to be removed and that any further haying activates would have to immediately cease. To date, the Unauthorized Works are still occupying Crown Parcel #1, Mr. Wiebe has continued unauthorized occupation of Crown Parcel #1, continued to construct additions to Page 7 of 15

8 Enforcement Orders the residential dwelling and out-buildings, and continued the unauthorized haying of Crown Parcel #1 and 2. Wiebe shall immediately cease any further unauthorized activities, unauthorized haying; Remove all the Unauthorized Works from Crown Parcel #1; Reclaim any of the disturbed portions of the public lands in Crown Parcel #1 and 2 back to their pre-disturbance condition, and; Submit a final report detailing all the work conducted to comply with the Order. Sandeman, Ian Thomas MD of Pincher Creek SE W5 Plan , Block 1, Lot 1 12-Nov-15 WA 36(1) Ian Thomas Sandeman is a joint registered owner of the lands legally described as SE W5M located within the Municipal District of Pincher Creek, Alberta. The Oldman River flows in a southerly direction adjacent to the eastern boundary of the lands, and meanders in a south easterly direction toward the Oldman Dam, [the "Waterbody"] which is known to be frequented by various species of fish, including Bull Trout and Westslope Cutthroat Trout which are listed as "Threatened" under the Wildlife Act. Water Act Approval No was issued to Sandeman by Alberta Environment and Parks ["AEP"], effective September 11, 2015, expiring September 30, 2015, and was appurtenant to the removal of alluvial material located within the Waterbody. On September 21, 2015 AEP received a public complaint and a site inspection observed a backhoe was parked within the dry channel of the Waterbody directly adjacent to the lands; an unauthorized berm was being constructed using excavated material from within the bed and shore of the Waterbody; and, other unauthorized excavations [the "Unauthorized Works"] of the bed and shore had taken place near the Berm, some of which were located within the flowing channel of the Waterbody. AEP advised Sandeman that the Berm and Unauthorized Works were not authorized under the Approval and all work must immediately stop. The construction and continued operation of the Berm and Unauthorized Works may alter or become capable of altering the flow or level of water, may change or become capable of changing the location of water, and may cause of become capable of causing siltation of water or the erosion of the bed or shore of the waterbody, and may cause or become capable of causing an effect on the aquatic environment of the Waterbody. Sandeman shall submit to the Director for approval, a written remedial plan proposing either, Option 1, the Page 8 of 15

9 Enforcement Orders complete removal from the Waterbody of all materials used to construct the Berm, or, Option 2, an alternative proposal for the remedial management of the material used to construct the Berm; Include a schedule of implementation ; Have the Remedial Plan prepared, stamped and signed by a Qualified Aquatic Environmental Specialist; Implement the work described in the Remedial Plan as approved by the Director; Provide the Director 3 days notice prior to commencing the remedial work, and; Within 30 days of completion, submit a final report describing the work undertaken to comply with this Order. Notice of Appeal received by the Environmental Appeals Board 18 November Rely-On Ltd. Lac La Biche County NW W4 24-Nov-15 WA 36(1) Rely-On Ltd. is the owner of land legally described as the south halves of legal subdivisions 11 and 12 of section NW W4M, in Lac La Biche County, Alberta [the "Lands"]. An un-named creek flows from the south to the north through the Lands into fishbearing Lac La Biche Lake in NW W4M. On April 7, 2015, Alberta Environment and Parks ["AEP"] received a complaint regarding debris that had been spread over the creek within the lands. Inspection of the Lands observed the removal of riparian vegetation and topsoil next to the creek, stockpiling of both top and sub soil, the re-grading of natural topography and the placement of geotextile material within the disturbed soil strata adjacent to Lac La Biche Lake on the Lands [the "earth work"]. AEP contacted Rely-On Ltd. to inquire into the nature of the earth work and was advised that the earth work being executed entailed the removal of overburden topsoil and stockpiling of clay. AEP advised that Rely-On does not have approval and to stop any further work. The Director is of the opinion that unless the shoreline area of Lac La Biche Lake is remediated and stabilized prior to spring runoff 2016, there is potential for further significant adverse effect to the environment due to erosion and sedimentation as well as the harmful destruction and alteration of fish and fish habitat. Rely-On Ltd. shall immediately cease conducting all activities related to or connected with the unauthorized activities; submit the name and qualifications of a Qualified Wetland Science Practitioner (QWSP); submit the Remedial Plan for review and approval; implement the work identified in the approved Remedial Plan and; submit Page 9 of 15

10 Enforcement Orders written reports confirming the work is being completed and is being directly supervised and documented by the QWSP. Yadlowsky, Ken & Lina and Rely- On Ltd. Lac La Biche County SW W4 24-Nov-15 WA 36(1) Ken and Lina Yadlowsky are the current owners of the lands legally described as SW W4M, in Lac La Biche County, Alberta. An un-named creek flows from the south to the north through the Lands into fishbearing Lac La Biche Lake in NW W4M. On April 7, 2015, Alberta Environment and Parks ["AEP"] received a complaint regarding debris that had been spread over the creek within the lands and an inspection identified the removal of riparian vegetation and topsoil next to the creek [the "earth work"]. AEP contacted Owen Yadlowsky, Owner and Vice President of Rely-On Ltd. and advised him that they did not have approval and to stop any further work. The earth work done adjacent to the creek has exposed bare soil, removed aquatic and riparian vegetation and AEP has never issued a Water Act Approval for the work. The Director is of the opinion that unless the Lands are remediated and stabilized prior to spring runoff 2016, there is potential for further adverse effect to the environment downstream of the creek due to erosion and sedimentation, including fish entrapment and the harmful destruction and alteration to fish and fish habitat due to an inability to navigate the creek for spawning, feeding and refuge activities. The Parties shall immediately cease conducting all activities related to or connected with the unauthorized activities; submit the name and qualifications of a Qualified Wetland Science Practitioner (QWSP); submit the Remedial Plan for review and approval; implement the work identified in the approved Remedial Plan and; submit written reports confirming the work is being completed and is being directly supervised and documented by the QWSP. Page 10 of 15

11 No Activity Environmental Protection Orders Page 11 of 15

12 Prosecutions No Activity Page 12 of 15

13 Tickets No Activity Page 13 of 15

14 Warning Letters Baumann Farms Ltd Wetaskiwin County 14-Oct-15 WA On or between February 14th and 18th, 2015, the Company diverted water SW W5 49(1) from a water well to a dugout without authorization. Oyen, Town of Special Area 3 21-Oct-15 AEPEA(R) The Town contravened its registration with the unauthorized release of NE W4 227(e) wastewater onto SE W4M, on or between December 17, 2014 and January 9, Jespersen, Vernon Parkland County 19-Nov-15 WA Mr. Jespersen conducted an activity, the placement of fill into a peatland type Plan , Block 1 36(1) wetland between November 19, 2014 and May 8, 2015 without the proper authorization. Brazeau County Brazeau County 04-Dec-15 WA The County constructed a water containment pond at its Salt and Storage Plan , Block 1, Lot 1 36(1) Facility without authorization under the Water Act. This activity occurred on or 1-1-W5 between September 16, 2013 and October 17, 2013 and was reported to the Department on December 12, The County has since applied to Environment and Parks for operation and maintenance of the pond and was granted Water Act Approval No on December 9, Dunes Golf & Winter Club Inc., The County of Grande Prairie 04-Dec-15 AEPEA(R) The Company conducted an unauthorized activity, the application of pesticides NE W6 43/97; 3(1) by an uncertified applicator on or between October 17 and October 19, Langlois, Jocelyn County of Grande Prairie NE W6 04-Dec-15 AEPEA(R) Mr. Langlois conducted an unauthorized activity, the application of pesticides 43/97; 3(1), 11(1) by an uncertified applicator and failing to have the required documentation on or between October 17 and October 19, Stonehouse, Bruce Summer Village of Ross Haven 07-Dec-15 WA Mr. Stonehouse conducted an unauthorized activity, the construction and 36(1) maintenance of a retaining wall without authorization under the Water Act, in PLA addition, no authorization was held under the Public Lands Act for this 20(1) retaining wall to occupy public land. The necessary authorizations have since been obtained and the shoreline has been reclaimed. Page 14 of 15

15 Water Management Orders No Activity Page 15 of 15