Decision Date: July 20, 1999

Panel: Don Cummings

Keywords: Waste Management Act s. 10(1), 11, 33(2); pollution; refuse; waste; pollution prevention order

This was an appeal by Ronald Opp against the February 23, 1999 Order of the Waste Manager requiring that Mr. Opp cease the discharge of waste on to his land and that he remove all of the deposited waste to an approved location by March 15, 1999.

Mr. Opp submitted that the dumping of waste had ceased and he requested that the Board amend the Order by deleting the portion requiring him to remove all deposited waste. In addition, he sought clarification of the impact of the Order on the dumping of non-waste materials such as grass cuttings, wood and twigs.

This appeal arose in relation to a gully on Mr. Opp’s property where Mr. Opp had allowed local contractors to dump rock, dirt, grass clippings, and sand. Sometime before the Order was issued, one contractor dumped demolition waste into the gully. The material consisted of concrete, conduit, roofing, lumber, and miscellaneous debris. Neither the contractor nor Mr. Opp had an approval or permit to introduce waste into the environment.

The Waste Manager was concerned that the unauthorized dumping could result in contamination of the site. However, the Waste Manager also told the Board that the removal of the unauthorized waste would be extremely difficult and cause more damage to the environment than if it were left alone. Consequently, Mr. Opp requested, with the agreement of the Waste Manager, that he be allowed to cover the unauthorized waste with suitable fill in the form of non-waste material. The Waste Manger told the Board that he would be satisfied if Mr. Opp secured the site and restricted the dumping to those materials that do not require a permit.

The Board found that the matter had been resolved by the parties. However, the Board was concerned that the commitments to regulate dumping would be honoured. The Board therefore upheld the requirement in the Order that the discharge of business waste onto the site cease immediately. The matter was sent back to the Waste Manager, with directions, in order to ensure that only acceptable material be discharged.