Decision Date: December 10, 2001

Panel: Alan Andison

Keywords: Waste Management Act – ss. 13(1), 13(4)(i); Public Notification Regulation – ss. 4, 5, 6; controlled open burning; public notice

The Appellant appealed the decision of the Respondent to amend a permit held by the Third Party. The amendment authorized the controlled open burning of coarse wood residue generated by a dry land log sorting operation located at the north end of Powell Lake.

The Board considered three issues. First, it found that the Respondent complied with the applicable statutory notice provisions. Secondly, the Board held that the weight of evidence supported a finding that, on a balance of probabilities, the permitted burning would not have unreasonable adverse effects on human health and the environment. The Board noted that the permit contained a number of conditions designed to ensure that the burning did not result in pollution that could harm the environment or human health. This included numerous restrictions on the timing and duration of burning, and conditions to control the amount of smoke emitted.

Lastly, the Board considered whether there were reasonable alternatives for reducing, reusing or recycling the wood debris, and concluded that neither continued landfilling nor incineration were reasonable alternatives to the permitted open burning. Accordingly, the appeal was dismissed.