Decision Date: January 31, 2002

Panel: Alan Andison

Keywords: Waste Management Act – ss. 27.1, 43, 44; jurisdiction; preliminary issue; remediation order

Atlantic Industries Ltd. (“Atlantic”) appealed a letter in which the Regional Waste Manager stated that Atlantic was in non-compliance with its obligation under a remediation order to contribute on an ongoing basis to the costs of remediating a site. The Board offered the parties an opportunity to provide submissions on whether the letter constituted a decision that could be appealed to the Board under section 43 of the Waste Management Act (the “Act”).

The Board found that the letter did not constitute a determination under section 27.1 of the Act as to what portion of remedial costs should be allocated to any of the persons subject to the remediation order.

The Board found that the Regional Waste Manager’s finding that Atlantic was in non-compliance with the order did not constitute the “making of an order” under section 43(a) of the Act. Next, the Board found that the findings in the letter did not constitute “an imposition of a requirement” under section 43(b). The Board also found that the letter was not “an exercise of power” under section 43(c). Lastly, the Board noted that sections 43(d) and (e) of the Act did not apply. Therefore, the Board found that it had no jurisdiction under section 44 of the Act to hear the appeal. Accordingly, the appeal was dismissed.