The Appellants applied for a stay of the decision of the Assistant Regional Waste Manager to make a “temporary amendment” to an air permit. The temporary amendment authorized NorskeCanada to complete a tire derived fuel trial for 10 weeks, commencing November 1, 2002.
The Board found that the Appellants failed to establish that they would suffer irreparable harm to human health or the environment should the stay be denied. In particular, the Board found there was no evidence that the tire derived fuel emissions from the power boiler would cause irreparable harm to humans or the environment. Further, the Board noted that granting a stay would not result in zero emissions from the power boiler because pollutants would continue to be emitted from the power boiler even if tire derived fuel was not used.
In balancing the respective harms that may flow from granting or denying the stay, the Board noted that the Appellants would not suffer irreparable harm, but that, conversely, NorskeCanada would suffer unrecoverable financial losses if the stay was granted.