Decision Date: December 4, 2007

Panel: Alan Andison

Keywords: written hearing; Environmental Appeal Board Regulation – s. 8; public interest

In 1999, a permit authorizing the discharge of contaminants from a rock wool manufacturing facility located in Grand Forks, BC (the “Permit”) was issued to Roxul (West) Inc. (“Roxul”).  In 2007, the Director, Environmental Management Act, amended the Permit to facilitate upgrades at the facility and to include a number of additional requirements.  Mr. Pharand appealed the amendments on the basis that the requirements imposed were not sufficiently stringent.

Roxul applied to the Board to have the appeal heard by way of written submissions.

The Board found that an oral hearing was required to fully and fairly decide the issues in this case.  As the appeal raised technical and factually complex issues, and the parties were likely to adduce conflicting evidence, the Board determined that it would be beneficial to hear witnesses testify regarding technical or expert reports and to observe their cross-examination.  The Board also took into consideration the fact that there was a high degree of public interest in the appeal, and that many people from Grand Forks had written letters requesting a public oral hearing.

Accordingly, Roxul’s application for a hearing by way of written submission was denied.