Varying Decision 95/31(b) Celgar Pulp Company v. Deputy Director of Waste Management

Council Numbers:
Pulp Paper and Woodworkers of Canada, Third Party

Keywords: Cabinet review

Pursuant to section 12 of the Environment Management Act, Cabinet varied the Environmental Appeal Board’s decision in Appeal No. 95/31(b) (May 29, 1998), and varied the terms of an amended permit held by Celgar Pulp Company (“Celgar”). Celgar had appealed the Regional Waste Manager’s decision to amend the permit by requiring that Celgar institute a comprehensive monitoring program of emission limits for nitrogen oxides on the #2 Power Boiler and the lime kiln at its pulp mill in Castlegar. The Board allowed the appeal in part, but made several orders concerning allowable emission levels, and ordered Celgar to install a sulphur dioxide scrubber on the #2 Power Boiler by December 1, 1998.

Cabinet rescinded the Board’s order that Celgar install a scrubber by December 1, 1998. The Board’s orders concerning sulphur dioxide and nitrogen oxide emission levels were rescinded and substituted. Cabinet also repealed and substituted other parts of the amended permit, particularly regarding the amount of time that the lime kiln and #2 Power Boiler may burn concentrated non-condensable gases, and how frequently this is reported to the Regional Waste Manager. Finally, Cabinet added “for greater certainty,” that the Regional Waste Manager is fully empowered to exercise his or her statutory authority to consider new information and make new amendments to the permit for the purposes of environmental protection.