• Delbert Secord v. Deputy Director of Waste Management

    Decision Date:
    File Numbers:
    Decision Numbers:
    Third Party:
    Noranda Mining and Exploration Inc., Third Party


    Decision Date: September 1, 1999

    Panel: Toby Vigod

    Keywords: Waste permit; mine site; effluent; molybdenum; drinking water contamination; consent order

    This was an appeal of the July 28, 1998 decision of the Deputy Director confirming the July 15, 1997 decision of the Assistant Regional Waste Manager to amend a waste permit held by Noranda. The amended permit authorized and set conditions for the discharge of molybdenum-bearing effluent into MacDonald Creek from a closed mine site (the Brenda mine) near Peachland, B.C. Mr. Secord appealed the decision, submitting that the concentrations of molybdenum authorized by the amended permit were too high and that the permit as amended did not adequately protect human health and the environment.

    During the course of the appeal process, the parties commenced discussions relating to the hearing and possible settlement of the appeal. Mr. Secord proposed amendments to the amended permit and advised that he would be prepared to conclude the matter by way of a Consent Order by the Board if those amendments were made to the permit. Noranda responded that it agreed with the decision of the Deputy Director to the effect that the permit as amended was fully protective of human health and the environment, but that in the interests of enhancing an atmosphere of cooperation and trust, it would agree to the proposed amendments.

    The Board subsequently ordered, by consent of the parties, that the proposed amendments would be added to the permit and that the decision of the Deputy Director was otherwise upheld.