Decision Date: November 5, 2008

Panel: Alan Andison

Keywords:  consent order; air emissions, expert witness, costs

Don Dickson and three other people (the “Appellants”) appealed two separate amendments of an air emissions permit held by West Coast Reduction Ltd., which operates a rendering plant in Vancouver, BC.  The amendments were issued by the District Director of the Greater Vancouver Regional District (the “District Director”). In both amendment decisions, the District Director imposed various requirements, conditions, criteria, standards, guidelines and objectives in relation to odour emissions from the rendering plant.  West Coast Reduction Ltd. also appealed the amendments (2007-EMA-007 & 2008-EMA-005), arguing that they were too restrictive.

During the appeal hearing, the Appellants applied to the Board for an order requiring the District Director to pay the Appellants’ costs associated with two expert witnesses that the Appellants called at the hearing.  Before the hearing concluded, the Appellants and the District Director reached an agreement regarding the Appellants’ application for costs.

By consent of the parties, the Board ordered the District Director to pay the Appellants $8,267.53, representing the disbursements of one expert witness and 40 percent of the fees and disbursements of the other expert witness.

Accordingly, the application for costs was granted, in part.