ENVIRONMENT AND PARKS

Enforcement Actions

1 Oct 2020- 31 Dec 2020

February 2021 Regulatory Assurance Division, Compliance Enforcement Actions

1 Oct 2020 - 31 Dec 2020

Decision Date/ Act/ Company/Individual Municipality / LLD Penalty Regulation Comments / Disposition Administrative Penalties Tolko Industries Ltd. 07-Oct-20 AEPEA(R) The Party operates the Wood Processing Plant pursuant to an SW-25-74-18-W5 Assessed: $10,500.00 227(e) approval. It contravened clause 4.1.14 by releasing Methylene Diphenyl NE-26-74-18-W5 Diisocynate into the environment at a rate in excess of the approval limit; clauses SW-36-74-18-W5 4.1.27, 4.3.50 and 4.3.24 with late submission of the annual summary and NW-25-74-18-W5 evaluation report, the annual waste management summary report and the updated landfills operations plan. The Party also contravened clause 4.3.38 by failing to prevent infiltration of leachate from a landfill cell and leachate collection sumps into the soil and groundwater, and; clause 4.5.5 when it failed to sample the domestic wastewater pond in 2018. Penalty paid November 9, 2020.

Sanarov, Ignaty and Sanarov, Paul Plamondon 21-Oct-20 PLA The Parties contravened GRL 850147 by subletting the land without written SW-9-69-15-W4 Assessed: $7,536.01 43(1), 54.01(5) consent of the director, and; by not following the written direction of the director 187/2011; 27 to maintain and/or repair fences bounding or within the land. As per PLAB File No. 19-0007-0008 and Ministerial Order No. 52/20 issued October 14, 2020, $325.00 is assessed against Paul Sanarov and $7,211.01 against Ignaty Sanarov for a global penalty of $7,536.01. Penalty paid December 3, 2020.

JH Drilling Inc. MD of Peace 23-Oct-20 PLA The Party entered into an agreement for the "Assignment of SML 070028 and SE-23-82-13-W5 Assessed: $14,676.00 43(1), 54.01(5) Royal Agreement" without the written consent of the director, and; received NE-14-82-12-W5 money or other consideration, specifically $20,000.00, for the purpose of allowing access to and use of public lands without authority. Penalty paid November 25, 2020.

REPORTING PERIOD: 1 Oct 2020 - 31 Dec 2020 Page 2 of 17 Enforcement Actions

1 Oct 2020 - 31 Dec 2020

Decision Date/ Act/ Company/Individual Municipality / LLD Penalty Regulation Comments / Disposition Administrative Penalties Green Prairie International Inc. County 29-Oct-20 AEPEA(R) The Party operates the Lethbridge forage drying facility pursuant to the Code of NW-1-9-21-W4 Assessed: $8,000.00 227(e) Practice. It contravened clause 4.4.2 of the registration when it released particulate matter into the environment in excess of the approved limit; clause 8.1.1 by failing to immediately report a contravention; clause 8.1.2 when it failed to submit a report within seven days of the contravention, and; clause 4.1.4(a) by failing to record, on a monthly basis, the total hours of operation of each piece of process and pollution abatement equipment and the total hours of shutdown and start-up. Penalty paid November 17, 2020.

Machura, William (Bill) 23-Nov-20 WA The Party failed to provide the required notice to the director prior to the NE-6-62-13-W4 Assessed: $3,500.00 36(2) commencement of the construction of a watercourse crossing on grazing NW-6-62-13-W4 leases. Penalty paid November 26, 2020. SW-6-62-13-W4

Machura, William (Bill) Lamont County 23-Nov-20 PLA The Party constructed a road and watercourse crossing on grazing leases NE-6-62-13-W4 Assessed: $4,500.00 54(1)(a.1) causing loss or damage to public land. Penalty paid November 26, 2020. NW-6-62-13-W4 SW-6-62-13-W4

The Pest Control Guy Inc. 10-Dec-20 AEPEA(R) The Party provided and applied pesticides listed in Schedule 2 of the Pesticide Plan 0511809, Block 24, Lot 136 Assessed: $4,000.00 43/97; 3(1), 7(1) (Ministerial) Regulation without having a service registration for structural 163(1)(a) application and special use-exterior rodent control, and; used and applied pesticides without holding an applicator certificate for special use-exterior rodent control. Penalty paid December 11, 2020.

KGL Constructors, A Partnership 16-Dec-20 WA The Party contravened clause 9.1 of its approval when it allowed sediment and NE-26-23-2-W5 Assessed: $7,500.00 142(1)(e) sediment laden water to enter into Wetland 06 during the construction of the Southwest Calgary Ring Road project. Penalty paid January 8, 2021.

REPORTING PERIOD: 1 Oct 2020 - 31 Dec 2020 Page 3 of 17 Enforcement Actions

1 Oct 2020 - 31 Dec 2020

Decision Date/ Act/ Company/Individual Municipality / LLD Penalty Regulation Comments / Disposition Administrative Penalties Harbour Environmental Group Ltd. Calgary 21-Dec-20 AEPEA(R) The Party operates the Calgary Waste Management Facility pursuant to Assessed: $47,780.65 227€ Approval No. 397593-00-00. It contravened clause 2.1.1 of the approval by failing to report contraventions of the approval; clause 4.2.4 by falling to monitor the produced water as required in Table 4.2-A; clause 4.3.7 by storing waste directly on the ground surface, and; clause 4.3.11 by disposing of waste, being the excess produced water, to the surrounding environment located at the property.

REPORTING PERIOD: 1 Oct 2020 - 31 Dec 2020 Page 4 of 17 Enforcement Actions

1 Oct 2020 - 31 Dec 2020

Decision Date/ Act/ Company/Individual Municipality / LLD Penalty Regulation Comments / Disposition Amended Enforcement Orders Bremner, Richard and Bremner MD of Bighorn 05-Oct-20 PLA Amendment No. 3 issued to PLA-EO-2019/01-SSR deleting "November 29, Engineering and Construction Ltd. NW-4-25-8-W5 56(1)(n), 54(1), 2020" and replacing with "October 31, 2022" in Clause 1 of Amendment No. 2. NE-5-25-8-W5 20(1)(b)

Wanner, Brian; Wanner, Debbie 06-Nov-20 WA Amendment No. 4 issued to WA-EO-2019/07-LAR to extend the completion and J. Lemay Contracting Ltd. Plan 7520949, Block 3, Lot 4 36(1) dates in condition 4(h) and 7 of the EO.

REPORTING PERIOD: 1 Oct 2020 - 31 Dec 2020 Page 5 of 17 Enforcement Actions

1 Oct 2020 - 31 Dec 2020

Decision Date/ Act/ Company/Individual Municipality / LLD Penalty Regulation Comments / Disposition Compliance Order Connacher Oil and Gas Limited Fort McMurray 17-Dec-20 CCEMA The Party is the holder of Approval No. 240008-01-00 for the Algar in situ facility 81-11-W4 255/2017; 6(1) [the "Site"]. The Site had a total regulated emissions of 100,000 tonnes, expressed on a CO2e basis, or more in 2011 through 2018 which means it is subject to the Carbon Competitiveness Incentive Regulation. A compliance report submitted to Environment and Parks ["AEP"] indicated the Site's net emissions for the reporting period was 155,106 tonnes and that 122,635 fund credits were obtained and used in the calculation of the Site's net emissions. Records indicate the Party did not obtain any fund credits for use in calculating the Site's net emissions, therefore the net emissions for the Reporting Period was 277,741 tonnes, which exceeded the output-based allocation for the reporting period by 122,635 tonnes. Under AEP Ministerial Order 58/17 - Climate Change and Emissions Management Fund Credit Amount Order, a person responsible must contribute $30.00 to the Fund to obtain one fund credit for 2018 or a subsequent year, and a fund credit represents one tonne of specified gas emissions, expressed on a CO2e basis under section 18(3) of the Regulation. The Party shall pay $3,679,050.00 into the fund by making payments of $306,587 to the Government of Alberta on or before the last day of each month during the period of January 2021 to December 2021.

REPORTING PERIOD: 1 Oct 2020 - 31 Dec 2020 Page 6 of 17 Enforcement Actions

1 Oct 2020 - 31 Dec 2020

Decision Date/ Act/ Company/Individual Municipality / LLD Penalty Regulation Comments / Disposition Compliance Order Connacher Oil and Gas Limited Fort McMurray 17-Dec-20 CCEMA The Party is the holder of Approval No. 240008-01-00 for the Pod One in situ 81-11-W4 255/2017; 6(1) facility [the "Site"]. The Site had a total regulated emissions of 100,000 tonnes, expressed on a CO2e basis, or more in 2011 through 2018 which means it is subject to the Carbon Competitiveness Incentive Regulation. A compliance report submitted to Alberta Environment and Parks ["AEP"] indicated the Site's net emissions for the reporting period was 107,014 tonnes and that 104,997 fund credits were obtained and used in the calculation of the Site's net emissions. Records indicate the Party did not obtain any fund credits for use in calculating the Site's net emissions, therefore the net emissions for the Reporting Period was 212,011 tonnes, which exceeded the output-based allocation for the reporting period by 104,997 tonnes. Under AEP Ministerial Order 58/17 - Climate Change and Emissions Management Fund Credit Amount Order, a person responsible must contribute $30.00 to the Fund to obtain one fund credit for 2018 or a subsequent year, and a fund credit represents one tonne of specified gas emissions, expressed on a CO2e basis under section 18(3) of the Regulation. The Party shall pay $3,149,910.00 into the fund by making payments of $262,492.50 to the Government of Alberta on or before the last day of each month during the period of January 2021 to December 2021.

REPORTING PERIOD: 1 Oct 2020 - 31 Dec 2020 Page 7 of 17 Enforcement Actions

1 Oct 2020 - 31 Dec 2020

Decision Date/ Act/ Company/Individual Municipality / LLD Penalty Regulation Comments / Disposition Enforcement Orders Aurora Peat Products UCL 10-Nov-20 WA The Party entered into a lease agreement with a landowner allowing them to S-11-62-21-W4 36(1) conduct a peat harvesting operation on a portion of the lands ["Dougan Bog"]. In the winter of 2010, the Party conducted activities in Dougan Bog which included clearing vegetation and removing woody debris, excavating a dugout/sedimentation pond, excavating drainage ditches to lower the water levels in Dougan Bog and harvesting peat. In 2016 the Party sent the department an email outlining all of its current peat operations including those in Dougan Bog, they were subsequently advised of the steps required to come into compliance with the legislation for their peat harvesting operations including the Dougan Bog. The department has never received an application nor issued an approval to any person authorizing any of the activities. The Party shall immediately cease all unauthorized activities on the lands; retain an authenticating professional to submit, for approval, a written reclamation plan, and; submit all plans, reports and correspondence required under the order to the director.

Aurora Peat Products UCL Thorhild County 10-Nov-20 WA The Party entered into a lease agreement with landowners allowing them to SW-15-62-21-W4 36(1) conduct a peat harvesting operation on a portion of the lands ["Koz Bog 1"] and In 2008, they conducted activities in Koz Bog 1 which included clearing vegetation and woody debris, excavating drainage ditches to lower water levels in Koz Bog 1 and harvesting peat. In 2016 the Party sent the department an email outlining all of its current peat operations including those in Koz Bog 1, they were subsequently advised of the steps required to come into compliance with the legislation for their peat harvesting operations including the Koz Bog 1. The department has never received an application nor issued an approval to any person authorizing any of the activities. The Party shall immediately cease all unauthorized activities on the lands; retain an authenticating professional to submit, for approval, a written reclamation plan, and; submit all plans, reports and correspondence required under the order to the director.

REPORTING PERIOD: 1 Oct 2020 - 31 Dec 2020 Page 8 of 17 Enforcement Actions

1 Oct 2020 - 31 Dec 2020

Decision Date/ Act/ Company/Individual Municipality / LLD Penalty Regulation Comments / Disposition Environmental Protection Orders Celanese Canada ULC 12-Dec-20 AEPEA(R) The Party holds Approval No. 1349-03-00, as amended, for the reclamation and 17-53-23-W4 113 environmental monitoring of the former Celanese Edmonton Petrochemical Manufacturing Plant which is located on lands owned by various lot owners. The Party requires access to the lands to maintain the groundwater recovery system and be in compliance with the approval. Lot 11 has denied or unreasonably conditioned them access to portions of the lands creating the potential for release of substances into the environment that may cause adverse effects. The Party shall access the lands for all purposes necessary to comply with the approval including to carry out all activities as set out within the Order.

REPORTING PERIOD: 1 Oct 2020 - 31 Dec 2020 Page 9 of 17 Enforcement Actions

1 Oct 2020 - 31 Dec 2020

Decision Date/ Act/ Company/Individual Municipality / LLD Penalty Regulation Comments / Disposition Order to Vacate Pike, Cheryl Fort McMurray 22-Oct-20 PLA The Party is unlawfully occupying public land. They shall forthwith vacate the NW-28-89-10-W4 47(1)(a)(b) lands and, prior to vacating, remove all personal property, chattels, and all items listed within the Order. They shall provide written notice of completion of the removal.

Carriere, David Allen 29-Oct-20 PLA The Party is unlawfully occupying public land. They shall forthwith vacate the SW-2-60-12-W5 47(1)(a)(b) lands and, prior to vacating, remove all improvements, structures, personal property, chattels, including but not limited to any refuse material on or under the lands, and; all waste and debris. They shall provide written notice of completion of the removal.

Gallivan, Verna MD of Greenview 04-Nov-20 PLA The Party is unlawfully occupying public land. They shall forthwith vacate the NW-26-68-26-W5 47(1)(a)(b) lands and, prior to vacating, remove all improvements, structures, personal property, chattels, and all items listed within the Order. They shall provide written notice of completion of the removal.

Peters, William 16-Nov-20 PLA The Party is unlawfully occupying public land. They shall forthwith vacate the SW-4-105-16-W5 47(1)(a)(b) lands and, prior to vacating, remove all improvements, structures, personal SE-4-105-16-W5 property, chattels, and all items listed within the Order. They shall provide written NE-4-105-16-W5 notice of completion of the removal.

Nelson, Charles Richard Hinton 11-Dec-20 PLA The Party is unlawfully occupying, causing loss and damage and accumulating SE-20-53-22-W5 47(1)(a)(b) waste and debris on public lands. They shall forthwith vacate the lands and, prior to vacating, remove all improvements, structures, personal property, chattels, including but not limited to any refuse material on or under the lands, and; all waste and debris. They shall provide written notice of completion of the removal.

REPORTING PERIOD: 1 Oct 2020 - 31 Dec 2020 Page 10 of 17 Enforcement Actions

1 Oct 2020 - 31 Dec 2020

Decision Date/ Act/ Company/Individual Municipality / LLD Penalty Regulation Comments / Disposition Order to Vacate Wolf, Daniel Kirk Hinton 16-Dec-20 PLA The Party is unlawfully occupying the lands and is a trespasser. They shall NE-31-51-24-W5 47(1)(a)(b) forthwith vacate the lands and, prior to vacating, remove all improvements, structures, personal property, chattels, including but not limited to any material piles on or under the lands, and; all waste and debris. They shall provide notice to the department of completion of the removal.

REPORTING PERIOD: 1 Oct 2020 - 31 Dec 2020 Page 11 of 17 Enforcement Actions

1 Oct 2020 - 31 Dec 2020

Decision Date/ Act/ Company/Individual Municipality / LLD Penalty Regulation Comments / Disposition Prosecutions No Activity

REPORTING PERIOD: 1 Oct 2020 - 31 Dec 2020 Page 12 of 17 Enforcement Actions

1 Oct 2020 - 31 Dec 2020

Decision Date/ Act/ Company/Individual Municipality / LLD Penalty Regulation Comments / Disposition Tickets No Activity

REPORTING PERIOD: 1 Oct 2020 - 31 Dec 2020 Page 13 of 17 Enforcement Actions

1 Oct 2020 - 31 Dec 2020

Decision Date/ Act/ Company/Individual Municipality / LLD Penalty Regulation Comments / Disposition Warning Letters K & T Trucking Ltd. Special Area 2 19-Oct-20 AEPEA(R) The Party conducted an unauthorized activity, the operation of a pit over 5 NW-21-29-16-W4 61 hectares without a Code of Practice registration.

Corliss, David County of 29-Oct-20 WA The Party conducted an activity in or adjacent to a waterbody without SW-30-73-6-W6 36(1) authorization.

Cottageclub Ghost Lake Inc. Rocky View County 29-Oct-20 AEPEA(R) The Party operates a waterworks system pursuant to the Code of Practice for NE-13-26-6-W5 227(e) Waterworks Systems Using High Quality Groundwater. It contravened Clauses 3.1.1.1 and 3.1.5.1 of the registration with late submission of the written operations program and the written drinking water safety plan.

Vavrek, Thomas County of Grande Prairie 29-Oct-20 WA The Party conducted an activity in or adjacent to a waterbody without SW-30-73-6-W6 36(1) authorization.

St. Paul No. 19, County of St. Paul County 30-Oct-20 AEPEA(R) The Party contravened Section 6.1.4 of the Code of Practice for Pits by failing to NE-18-61-11-W4 227(e) submit the 5 year reports as required by the registrations. SE-13-57-6-W4 SW-36-62-11-W4 SW-19-57-7-W4 NW-18-57-7-W4 NW-36-56-7-W4 SE-24-56-7-W4 SW-11-57-6-W4 SW-8-57-5-W4 SE-27-55-4-W4 NE-26-56-7-W4

Highway 2 Family Diner Inc. and County 02-Nov-20 AEPEA(R) The Parties conducted an activity, the burning of prohibited debris, including Engblom, Todd Plan 0125415, Block 1, Lot 1B 61 plastics, various metal objects and construction/renovation materials without authorization.

REPORTING PERIOD: 1 Oct 2020 - 31 Dec 2020 Page 14 of 17 Enforcement Actions

1 Oct 2020 - 31 Dec 2020

Decision Date/ Act/ Company/Individual Municipality / LLD Penalty Regulation Comments / Disposition Warning Letters 1292035 Alberta Ltd. 05-Nov-20 WA The Party conducted an activity, the draining, infilling and depositing of material SW-8-53-22-W5 36(1) in a wetland without authorization.

Contour Construction Ltd. Yellowhead County 05-Nov-20 AEPEA(R) The Party conducted an unauthorized activity, the improper disposal of car wash NE-19-53-16-W5 176, 181 and septic waste.

McPhee Construction Ltd. Yellowhead County 05-Nov-20 WA The Party conducted an activity, the diversion of water into a wetland from SML SW-16-53-19-W5 36(1) 780081 without authorization.

L T Semler Cattle Co Ltd County of Barrhead 12-Nov-20 WA The Party conducted an activity, infilling 1.39 hectares of a 4.058 hectare Class SW-15-58-1-W5 36(1) D grammanoid marsh wetland by placing soil in the wetland from an adjacent property for the purpose of creating vehicle access without an approval.

Verville, Leo Athabasca County 12-Nov-20 WA The Party conducted an activity, the disturbing and infilling of wetlands for the SE-9-65-18-W4 36(1) purpose of creating a subdivision development without an approval. Plan 8121742, Block 2, Lot 17

Berreth, Greg and Berreth, Robin County of Northern Lights 17-Nov-20 PLA The Parties utilized GRL 940035 in a manner that contravenes the conditions 30-85-21-W5 56(1)(n) stipulated in the disposition document. S-25-85-22-W5

Jasper Concrete Ltd. Yellowhead County 17-Nov-20 PLA The Party contravened Condition 2 of SML 080003 with the unauthorized W-8-50-26-W5 56(1)(n) storage of earthen materials. SE-7-50-26-W5

A-1 Quality Belting Ltd. County of Grande Prairie 19-Nov-20 AEPEA(R) The Party failed to report the release of substances into the environment. SW-30-71-7-W6 110(1)(a)

REPORTING PERIOD: 1 Oct 2020 - 31 Dec 2020 Page 15 of 17 Enforcement Actions

1 Oct 2020 - 31 Dec 2020

Decision Date/ Act/ Company/Individual Municipality / LLD Penalty Regulation Comments / Disposition Warning Letters Vertex Resource Group Ltd. Rycroft 19-Nov-20 AEPEA(R) The Party conducted an activity, the unauthorized disposal of car wash sump NW-16-78-5-W6 176 waste on August 23 2020. Plan 4468MC, Lot B

Toews, Lorne County of Grande Prairie 26-Nov-20 AEPEA(R) The Party conducted an activity, the application of pesticides without a service SW-7-73-9-W6 43/97; 7(1), 3(1) registration or applicator's certificate.

Arbor-Tech Utility Services Ltd. Athabasca County 02-Dec-20 AEPEA(R) The Party conducted an unauthorized activity, the over spray of herbicide within NE-8-67-19-W4 110(1), 109(1) 30 meters of a waterbody.

AltaLink LP Athabasca County 02-Dec-20 AEPEA(R) The Party conducted an unauthorized activity, the overspray of herbicide within NE-8-67-19-W4 110(1), 109(1) 30 meters of a waterbody.

Duncan, Ronald Paul MacKenzie County 02-Dec-20 WA The Party conducted unauthorized diversion of water to a dugout from an un- NE-8-111-19-W5 36(1) named creek in 2020.

Peters, Phillip James MacKenzie County 02-Dec-20 WA The Party conducted unauthorized activities, the construction of a dugout NE-8-111-19-W5 36(1) between 2016 and 2019 and the diversion of water to the dugout from an un- named creek in 2020.

Banman, Frank MacKenzie County 04-Dec-20 WA The Party conducted an unauthorized activity, works on a ditch that altered water NE-14-108-14-W5 142(1)(h) drainage on the adjacent lands.

Dvornek, David Big Lakes County 09-Dec-20 WA The Party conducted an activity in an ephemeral draw at a gravel pit without an SW-17-73-12-W5 36(1) approval.

REPORTING PERIOD: 1 Oct 2020 - 31 Dec 2020 Page 16 of 17 Enforcement Actions

1 Oct 2020 - 31 Dec 2020

Decision Date/ Act/ Company/Individual Municipality / LLD Penalty Regulation Comments / Disposition Water Management Orders Sawchuk, Brent County of Grande Prairie 05-Nov-20 WA The Party reported that an activity was undertaken on neighbouring land NW-6-70-11-W6 97 resulting in overland flooding on his property. Inspection of the lands confirmed NE-1-70-12-W6 that the activities conducted have altered the surface water flow resulting in erosion and flooding to the property. The Party shall submit to the director a written remedial plan advising how the ditch and adjacent land will be remediated to return the natural drainage patterns including measures that will be taken to re-establish the pre-existing drainage flow and patterns through the property. Once approved, the party shall implement with work described in the plan and upon completion, notify the director in writing.

REPORTING PERIOD: 1 Oct 2020 - 31 Dec 2020 Page 17 of 17