Enforcement Actions

Enforcement Actions

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. Big Lakes County 07-Oct-20 AEPEA(R) The Party operates the High Prairie 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. Lethbridge 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) Lamont County 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. Calgary 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 Rocky View County 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 Lac La Biche County 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 Alberta 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.

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