• Alfred Harry Penner v. Regional Waste Manager

    Decision Date:
    File Numbers:
    Decision Numbers:
    Third Party:
    Linda Geddes, Applicant Husky Oil Operations Limited, Mohawk Oil Company Limited, Race Trac Fuels Ltd., Third Parties


    Decision Date: January 10, 2002

    Panel: Alan Andison

    Keywords: Environment Management Act – ss. 11(12), 11(13); standing; application; party status; remediation order; Turnagain Holdings Ltd. v. Environmental Appeal Board., 2001 BCSC 795

    The Applicant asked the Board to add her as a party to these appeals regarding the issuance of a remediation order. The Applicant resides adjacent to a gas station which is alleged to be the source of the contamination described in the order, as well as the contamination which rendered the Applicant’s domestic well unusable.

    In considering whether to grant the Applicant full party status, the Board considered whether she had a valid interest in participating, and whether she could be of assistance in these appeals. The Board found that in addressing questions raised in the Notice of Appeal with respect to the origins and migration of the contamination at the gas station, it could reach conclusions about whether and when the Applicant’s well became contaminated as a result of activities at the gas station. Similarly, since any remediation measures taken pursuant to the order could ultimately affect her ability to resume using her domestic well, the Applicant had an interest in ensuring that the order names responsible persons who have sufficient resources to complete the remediation within the time frame specified by the Regional Waste Manager.

    The Board also found that the Applicant could be of assistance in the appeals. Although any relevant personal testimony she could offer could be presented as witness evidence on behalf of another party, the Board noted that there was no indication that any of the existing parties intended to call her as a witness. Additionally, the Board noted that the Applicant was the only affected landowner seeking to participate in the appeals and that her complaint led to the investigation which resulted in the remediation order. Finally, the Board noted that the Applicant could have a unique perspective as a neighbour who had observed operations at the gas station.

    Accordingly, the Applicant was granted full party status in these appeals.