Decision Date: May 7, 2009

Panel: Alan Andison

Keywords: consent order; air emissions; permit

Delta Cedar Products Ltd. (“Delta”) appealed a decision by the District Director of the Greater Vancouver Regional District (the “District Director”) to amend Delta’s permit that authorizes the discharge of particulate emissions from a wood-fired boiler at Delta’s sawmill located in Delta, BC. In the amendment, the District Director required Delta to reduce certain emission levels, undertake certain works, and submit certain reports, all by specific dates. Delta appealed on the grounds that the amendments were unreasonable, that the District Director failed to consider the financial impacts of the amendments on Delta, and that the District Director failed to give reasons for the amendments.

Before the appeal was heard by the Board, Delta and the District Director reached an agreement to settle the appeal.

By consent of the parties, the Board ordered that the amendments were confirmed with certain exceptions. Most of the exceptions pertained to the dates for compliance with the amendments, such that Delta was given additional time before it was required to comply with the amendments.

Accordingly, the appeal was allowed, in part.