Decision Date: November 27, 1990

Panel: L. Michaluk, H.D.C. Hunter, Heather Michel

The appellant appealed the respondent’s decision to issue a section 22 pollution abatement order. The appellant maintained that a section 22 order is issued where a substance has “escaped, or was emitted, spilled, dumped, discharged, abandoned or introduced into the environment.” The site is an abandoned mine and the appellants stated that they were not emitting anything, but the acid mine drainage was a natural run-off.

The appellants also held that the Regional Manager’s decision was unfair since it was made for an ulterior and unauthorized purpose.

The Board found that the Regional Manager was well within his jurisdiction to issue the section 22 order, finding that the appellant had control of the polluting substance and thus brought them within the definition of that section. The Board found evidence of serious toxicity dangers from the site, and found evidence of unfairness by the Regional Manager in the issuance of the permit.