Pursuant to the authority of section 12 of the Environment Management Act, Cabinet varied the Environmental Appeal Board’s decision in Appeal No. 95/46 dated September 4, 1996.

While Cabinet did not vary the ultimate result in the appeal, it did make some notable changes to the Board’s amendments to the permit. In particular, Cabinet varied the date when the permit sections relating to phase 2 take effect and made certain actions of the Regional Waste Manager discretionary which the Board had made mandatory (e.g. ordering the installation of continuous monitoring equipment as the technology becomes available).