Decision Date: February 19, 2003

Panel: Alan Andison

Keywords: Waste Management Act – s. 48; contaminated site; stay application

The Applicants requested a stay of an Amended Remediation Order issued by the Assistant Regional Waste Manager on December 9, 2002.

The issue in this application was whether the Board should grant a stay of the Amended Remediation Order pending a decision on the merits of the appeals.

The Board held that there were serious issues to be tried.  However, the Board found that the Applicants did not demonstrate that they would suffer irreparable harm if a stay was not granted.  The Board further found that, on a balance of convenience, harm to the Third Parties, the Assistant Manager, and the public interest if a stay was granted outweighed any potential harm to the Applicants if a stay was denied.

The application for a stay was denied.