Environmental Protection Review Canada
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Reasons regarding Compliance Order Number 5008-2009-10-23-004 - May 3, 2010

In the matter of a Request for Review of Environmental Protection Compliance Order Number 5008-2009-10-23-004 issues to Enviro West Inc., Ron Fehr, Garrett Grant, John Powell and Glen Dueck

Reasons for Decision

On February 9, 2010, an Environmental Protection Compliance Order was issued to Enviro West Inc. and the individuals named above by CEPA 1999 Enforcement Officer Pia Rasmussen. This Order required Enviro West and the named individuals (hereafter “Enviro West”) to take certain measures with respect to PCB contaminated oil, as required by the PCB Regulations issued under the Canadian Environmental Protection Act, 1999. Specifically, Enviro West was required:

  1. To send for destruction all PCB laden oil located at 156 Tilley Rd in Kelowna, BC, to an authorized destruction facility.
  2. [To] provide the undersigned officer [Pia Rasmussen] with a written signed report no later than April 30th, 201l indicating the measures you have taken to comply with subsection 23 of the Regulation and to provide verbal monthly updates to the undersigned officer until the final report is received.

The Order was to be effective until April 30th, 2010.

On March 9, 2010, Enviro West, through its counsel, Mr. Ron Skolrood of Lawson Lundell LLP in Vancouver, B.C., filed a request for review pursuant to section 256 of the Canadian Environmental Protection Act 1999. A motion for a stay was also filed at the same time. Since the Chief Review Officer determined that a hearing could be held before the end of April, 2010, the request for a stay was put aside.

The grounds for the application for review were that it was impossible to comply with the Compliance Order since the only Canadian PCB treatment center, the Swan Hills Treatment Centre in Swan Hills, Alberta, was closed for repairs and would not be open until after April 30, 2010.

The Chief Review Officer heard the matter in Vancouver on April 20, 2010 in the boardroom of Heenan Blaikie. Present were:

  1. Mr. Ron Skolrood, Lawson Lundell LLP, counsel for the applicant
  2. Ms. Lauren Cook, Lawson Lundell
  3. Ms. Marja Bulmer, Justice Canada, counsel for Minister (Environment Canada)
  4. Ms. Pia Rasmussen, CEPA 1999 Enforcement Officer
  5. Mr. John Heaney, Heenan Blaikie, counsel for Environment Protection Review Canada

Certain facts had been agreed upon; namely, that there was PCB laden oil in the care and control of Enviro West; that the PCB Regulations required the destruction of this PCB laden oil; that the Swan Hills Treatment Centre was the only treatment centre available in Canada; and that the Swan Hills Treatment Centre was closed for repairs until some time in May.

The Chief Review Officer determined that the Compliance Order required amendment to take into account the delays caused by the repairs at the Swan Hills Treatment Centre. Both parties agreed that extending the Order until July 2, 2010 would allow sufficient time for compliance since conversations between the applicant and Swan Hills indicated that the Centre would be in operation around mid-May. Additional reporting provisions were added to the amended Order to add incentives for disposal as soon as the Centre was able to handle the delivery of the Enviro West oil and to assist Environment Canada’s monitoring of the situation. The amended Order was sent to the parties on April 29, 2010 by fax and is also attached to these reasons.

Margot Priest
Chief Review Officer
May 3, 2010