Decision Date: December 21, 2001

Panel: Alan Andison

Keywords: Waste Management Act – ss. 13(1), 21; leachate testing, landfill, operational certificate

Mr. Culos appealed the decision of the Respondent to amend section 6.1 of the operational certificate authorizing the Third Parties to operate a municipal solid waste landfill. The amendment reduced the frequency of leachate testing within the landfill, for the period from June through September of each year, from monthly to quarterly testing. Mr. Culos submitted that quarterly testing of leachate within the landfill would provide inadequate protection of the environment, and requested that the amendment be overturned.

The Board found that the amendment was reasonable, and adequately protected the environment. The Board accepted that the leachate samples collected to date had not revealed any appreciable trends in the composition of leachate, which would justify continuing monthly sampling during the summer. Further, the Board found that Mr. Culos provided insufficient evidence to establish that the reduction of leachate testing within the landfill, from monthly to quarterly, posed any risk to the environment. Accordingly, the appeal was dismissed.