Decision Date: July 15, 1999

Panel: Toby Vigod

Keywords: Consent order

Quinsam filed an appeal against the decision of the Assistant Regional Waste Manager to issue amended Waste Management Permit PE-07008 to Quinsam, which authorizes the discharge of coal mining waste.

Quinsam was seeking an order to release it from the nutrient monitoring requirements of the Permit and the biological river and lake monitoring requirements at all locations. Quinsam also sought to amend the Permit to add the phrase “upon commencement of operations in Block 242” to all sections relevant to Block 242, to ensure that costly equipment and work need not be done as block 242 remains “on hold.” Quinsam also sought to change the wording of section 4.4.3, which referred to a study being done under the direction of Environment Canada.

The Board held that it has no jurisdiction to deal with the request for the deletion of the nutrient monitoring requirements and that the appeal on this ground is premature.

At the request of the Board, a recess was taken to discuss a possible resolution to the other two grounds for appeal. On the consent of the parties, the Board ordered that the Assistant Regional Waste Manager vary the Permit with regard to composite sampling and flow monitoring in the iron river.

The appeal was allowed, in part, by consent.