Decision Date: October 31, 2002

Panel: Alan Andison

Keywords:  Waste Management Act – ss. 13, 48; air permit; interim stay application; temporary amendment; tire derived fuel

Philip Fleischer applied for a stay of the decision of the Assistant Regional Waste Manager to make a “temporary amendment” to an air permit. The temporary amendment authorized NorskeCanada to complete a tire derived fuel trial for 10 weeks, commencing November 1, 2002.

Mr. Fleischer’s stay application was received less than a week before the temporary amendment was to take effect. Therefore, the Board considered whether to issue an interim stay pending the Board’s final decision on the stay application.

The Board noted that an interim stay is an extraordinary remedy since it is often granted without the benefit of full argument and evidence. The Board found that there was insufficient evidence and information before it to support Mr. Fleischer’s request, and that, since the temporary amendment was in effect until April 2003, there would be sufficient time to receive submissions and decide the stay application.

The application for an interim stay was denied