• North End Lumber Ltd. v. Deputy Director of Waste Management

    Decision Date:
    File Numbers:
    Decision Numbers:
    Third Party:


    Decision Date: January 9, 1997

    Panel: Christie Mayall, Harry Higgins, Elizabeth Keay

    Keywords: Waste Management Act – s.8, s.9; air assisted open burning; trench burning

    North End Lumber (‘NEL’), appealed a decision of the Deputy Director of Waste Management denying NEL an air assisted open burning permit for the mill’s waste wood. The Deputy Director indicated, however, that he would recommend issuance of a permit for a commercially available trench burner for a 5 year period. NEL appealed on the grounds that air assisted open burning would adequately protect the environment, and that the cost of setting up a trench burner would be too expensive, forcing the mill to shut down.

    On the evidence presented, the Board found that a trench burner system would protect the environment better than the proposed air assisted open burning. The Board noted that, since the mill was first built adjacent to the town, society has learned more about pollution and its effects on human health. The expense of a trench burner is one of the consequences of adapting to the new reality of reducing the effects of pollution. The appeal was dismissed.