These appeals are with respect to the decision of Alberta Environment to issue 16 Enforcement Orders on September 19, 1994 to Sarg Oils and Sergius Mankow in Lethbridge, Alberta. The Board held a hearing on November 5 and 6, 1996 and forwarded its Report and Recommendations to the Minister of Environment on December 5, 1996. The Minister agreed with the Board, upholding the 16 Enforcement Orders and dismissing the appeal on December 16, 1996. Sarg Oils and Sergius Mankow filed a judicial review in the Court of Queen's Bench on May 12, 1997 and it was heard on October 25, 2004. On July 18, 2005, the Court of Queen's Bench issued a Memorandum of Judgment of the Honourable Mr. Justice J.H. Langston stating that the Board's Report and Recommendations dated December 5, 1996 and the Order of the Minister dated December 16, 1996 are set aside and referred the matter back to the Board for a new hearing. The Attorney General and Alberta Environment filed a Notice of Appeal to the Court of Appeal on October 7, 2005 in Calgary. The issues cited in the Notice of Appeal are the proper role and scope of the Environmental Appeals Board and the proper application of the standard of review of the Board's decision. It will be heard in the Court of Appeal on May 8, 2007. The Board will hold this appeal in abeyance pending the Court of Appeal decision.

These appeals are with respect to the December 18, 2002 decision of Alberta Environment to issue Water Act Enforcement Order No. 2002-WA-03 to Laurence Marketing Group Ltd. and Allan Blomme. The Enforcement Order alleges that Laurence Marketing Group and Allan Blomme conducted an activity without an approval at the Wilderness Campground in Okotoks, Alberta. The Board held a Preliminary Meeting in Calgary on April 3, 2003 and a Hearing was being scheduled until Alberta Environment and Allan Blomme advised they were working towards a resolution of the appeals. Alberta Environment advised August 12, 2005 that Allan Blomme has approached Alberta Environment to further discuss a possibility of a mutual resolution of the Enforcement Order. The Board has delayed setting the Hearing of these appeals while the parties are in discussion. Alberta Environment and Allan Blomme have agreed to participate in a Mediation Meeting. A Mediation Meeting and site visit was held on March 29, 2006, in Okotoks, and discussions are ongoing. Alberta Environment issued a letter dated November 15, 2006 stating that it is closing the Enforcement Order as they have determined that the remedial works completed combined with natural remediation are sufficient to satisfy the Order. On November 21, 2006 Laurence Marketing and Allan Blomme withdrew their appeals. The Board will issue a Discontinuance of Proceedings and close this file.

This appeal is with respect to the September 30, 2003 decision of Alberta Environment to issue Amending Approval No. 18777-01-01, under the Environmental Protection and Enhancement Act, for the construction, operation and reclamation of a wastewater system for the Castle Mountain Resort Inc., in Pincher Creek, Alberta. Negotiations have failed between Castle Mountain Resort and the Castle Crown Wilderness Coalition. The Board received submissions to determine whether to dismiss the appeal for being moot given the decision of Madame Justice Kenny in relation to the judicial review filed by the Appellant, and given that the relief requested by the Appellant in their Notice of Appeal appears to have been met by the issuance of that decision; and whether the Appellant should be permitted to amend the Notice of Appeal. The final submission was received April 18, 2005, and the Board determined on August 31, 2005, that it is denying Alberta Environment's motions that the Notice of Appeal is moot, denying the application of the Appellant to amend the Notice of Appeal, and that it will proceed to hold an oral Preliminary Meeting on whether the Appellant is directly affected by the Approval, and what issues should be heard if the Board determines a Hearing will be held. The Board's written reasons for the August 31, 2005 decisions were issued on August 8, 2006. The Preliminary Meeting was held on November 29, 2005 in Lethbridge and the Board issued its decision on August 8, 2006. The Board determined that the Castle-Crown Wilderness Coalition was not directly affected by the decision of Alberta Environment, and the appeal was dismissed. Castle-Crown did not provide sufficient evidence that a substantial portion of its membership would be directly affected by the amendment. None of the individual members submitted Notices of Appeal, and none of the members attending the Preliminary Meeting were able to demonstrate that the amendment would have a direct effect on their activities in the area. The amendment dealt only with the operational parameters for the wastewater system and would not result in any additional environmental footprint. As the appeal was dismissed, the Board did not have to consider what issues should be heard at the hearing. The Appellant and Castle Mountain Resorts have reserved their rights to apply for costs. Cost applications were received August 24, 2006 from the Castle Crown Wilderness Coalition and from Castle Mountain Resorts. Responses to those cost applications were received September 7 and 8, 2006. The Board will now address the issue of costs.

These appeals are with respect to the decision of Alberta Environment to issue Water Act Approval 00205213-00-00 to Cardinal River Coals Ltd. for the placement, construction, operation, maintenance, and removal of works within the fence line of the Cheviot Creek Pit for the purpose of the diversion and management of water, construction of rock drains and sedimentation facilities, and the development of an end-pit lake and fisheries enhancement ponds on a tributary of the McLeod River; and to issue Environmental Protection and Enhancement Act Amending Approval No. 46972-00-02 for the opening up, construction, operation and reclamation of the Cheviot Creek coal mine, near Cadomin, Alberta. The Appellant's appeal of the Water Act Approval was dismissed for being filed late and the Board issued a Decision on October 29, 2004. The Appellant subsequently filed a request for the Board to reconsider its October 29, 2004 decision and the Board issued a Decision on January 11, 2005 denying the reconsideration request. The Board also sought submissions from the participants regarding the issue of whether the Appellant filed a Statement of Concern with Alberta Environment with respect to the EPEA Amending Approval. The Board issued a Decision on August 26, 2005 stating that the Appellant provided in her letters to Alberta Environment sufficient information to fulfill the requirements of a Statement of Concern for the purposes of filing an appeal and dismissed Alberta Environment's motion. As of August 26, 2005, the Board is now reviewing Alberta Environment's September 13, 2004 motion to dismiss the Appellant for not being directly affected by the EPEA Approval and determining whether the matter was subject to a review under any act administered by the Alberta Energy and Utilities Board or the Canadian Environmental Assessment Act (CEAA). A schedule was set to receive submissions and the final submission was received from the Appellant on March 1, 2006. The Board will make a decision on the status of the appeal.

This appeal is with respect to the decision of Alberta Environment to issue EPEA Approval No. 204916-00-00 to CCS Inc. authorizing the construction, operation, and reclamation of the Bonnyville Waste Management Facility in Bonnyville, Alberta. The Mediation Meeting held April 27, 2005 was unsuccessful. A Hearing was held on July 21, 2005 in Bonnyville. The Board heard from the parties at the Hearing on the following issues: 1. What effect, if any, will the Approval have on air quality, water quality, surface runoff, drainage, groundwater, wildlife and wildlife crossings, health and noise? and 2. What additional monitoring, if any, is required of the Bonnyville Waste Management Facility. The Hearing continued on August 10, 2005 in Bonnyville to hear closing arguments from the parties and conduct a site visit. The Board determined that the landfill poses no health risks to the Appellant's family. The Board stated that the landfill will not pose a risk to the air quality at the Appellant's residence, that the landfill meets or exceeds Alberta Environment's standards for landfills, that the design of the surface water management system is adequate, that the landfill is not part of a significant wildlife corridor in that it is not unique within the region and there are several other corridors in the area available to wildlife, and that the landfill is likely to have minimal noise impacts on the Appellant. The Board recommended that the Approval be varied by adding a number of conditions related to the landfill's construction and operation. It also recommended the monitoring of the Appellant's and the Cold Lake First Nation's water wells, if the landowners agree to provide access. They should also to be provided with the results of the groundwater monitoring programs undertaken at the landfill. CCS should also be required to submit an investigative plan to Alberta Environment if a complaint related to the interference with domestic water source is received. Finally the Board recommended that the Approval include a statement that Alberta Environment approve the third party auditor that CCS selects to conduct the environmental compliance audit. The Minister agreed with the Board's recommendations, and the Board's Report and Recommendations and the Minister's Order were issued on October 19, 2005. The Appellant has requested costs. On November 23, 2005, the Board received the final submission with respect to the cost application and will now make a decision.

This appeal is with respect to the January 11, 2005 decision of Alberta Environment to refuse to issue a Water Management Order to the McDonald Subdivision Development in the County of Bighorn No. 8. Alberta Environment has requested that this appeal be dismissed for not being properly before the Board as there is no statutory appeal right for a refusal to issue a Water Management Order and the relief requested by the Appellant is not within the jurisdiction of the Board. The Board scheduled a submission process and received the final submission on April 21, 2005. The Board advised the participants on June 7, 2005 that it has decided to dismiss the appeal for lack of jurisdiction. The Board's reasons will be issued in due course.

This appeal is with respect to the decision of Alberta Environment to issue Environmental Protection Order No. EPO-2005/11-SR to Walter Construction Corporation for the reclamation of a sand and gravel pit within SE 1/4 10-7-29-W4M near Pincher Creek, Alberta. The Hearing scheduled for November 30, 2005 in Lethbridge was adjourned as the parties were in discussions to resolve the appeal. Walter Construction and Alberta Environment subsequently reached an agreement and work was to be completed in 2006. Further status reports are due from the parties on Febraury 5, 2007.

Eight Notices of Appeal were received with respect to the August 25, 2005 decision of Alberta Environment to issue Environmental Protection and Enhancement Act Approval No. 00209177-00-00 to the Town of High River authorizing the construction of the Golf Course Dyke, and Baker Creek Dyke on the floodplain and/or floodway of the Highwood River. These appeals have been combined with the 9 appeals (05-032-05-040) related to the Amending Approval issued to the Town of High River on October 12, 2005. A Mediation Meeting was held on November 25, 2005 in High River. A further Mediation Meeting was held in High River June 20, 2006. The Mediation Meeting is ongoing. The Mediation Meeting is between identified participants only.

This appeal is with respect to the September 23, 2005 decision of Alberta Environment to refuse to issue a reclamation certificate under the Environmental Protection and Enhancement Act to Terasen Pipelines for lands located at NE/SE 10-62-20-W4M, near Newbrook. A Mediation Meeting was held on April 18, 2006, in Westlock, and discussions are ongoing. A further Mediation Meeting was held on October 31, 2006, in Newbrook. Status reports are due December 8, 2006. The Mediation Meeting is between identified participants only.

This appeal is with respect to the August 11, 2005 decision of Alberta Environment to issue Reclamation Certificate No. 00199105-00-00 under the Environmental Protection and Enhancement Act to TransCanada Pipelines Limited for the Smoky River Meter Station well in SE 9-59-17-W4M, near Smoky Lake. The appeal was in abeyance until August 15, 2006 to allow for an assessemnt of the lease site. A further abeyance was granted and status reports were received from the parties. The Board is scheduling a Mediation Meeting. Mediation is between identified participants only.

This appeal is with respect to the November 7, 2005 decision of Alberta Environment to issue Reclamation Certificate No. 219021-00-00 under the Environmental Protection and Enhancement Act to Purcell Energy Ltd. for the Tikal Nycan Turin well near Taber. The lease was transferred from Purcell Energy to Petrofund Corp, and then to Penn West Energy Trust. The appeal was in abeyance until the end of the 2006 growing season. Status reports that were due from the parties by September 1, 2006 were received. The Board has been advised that Penn West is working with the landowner regarding his appeal and status reports are due April 30, 2007.

These appeals are with respect to the November 24, 2005 decision of Alberta Environment to issue Environmental Protection and Enhancement Act Amending Approval 1190-01-13 to the Town of Strathmore for the construction, operation and reclamation of a wastewater system. The Appellants have requested a Stay of the Amending Approval and their written submissions were received February 23, 2006. On March 16, 2006, the Board denied the Stay with reasons to follow. The reasons for denying the Stay were issued May 26, 2006. The Board anticipated scheduling an Information/Technical Session and a Mediation Meeting during June 19-23, 2006, and a Hearing during July 17-31, 2006. Siksika Nation filed an application for judicial review on May 19, 2006. The judicial review is with respect to Alberta Environment's decision to issue the Approval to the Town of Strathmore and the Board's decision to deny their stay request. On June 21, 2006, a Consent Order was filed in the Court of Queen's Bench stating that the judicial review will be with respect to the sufficiency of consultation with the Siksika Nation relating to the Approval issued by Alberta Environment, and the matters relating to the Board have been adjourned sine die. On September 6, 2006 Justice McIntyre dismissed the Judicial Review for being premature. In consultation with the participants, the Board decided to proceed with the Information/Technical Session on August 15, 2006 and a Mediation Meeting on August 16, 2006. The Mediation Meeting is between identified participants only. The Information/Technical Session took place on August 15, 2006 and the Mediation Meeting is being rescheduled. As a result of the Information/Technical Session, the Board is waiting for information from the participants. The Board has asked for status reports by December 15, 2006. On November 20, 2006, the Siksika Nation filed an appeal with the Court of Appeal relating to Court of Queen's Bench Justice McIntyre's September 6, 2006 decision. The Notice of Appeal to the Court of Appeal states that Justice McIntyre erred in finding that the duty to consult and accommodate was not a duty that existed independently of the result of the appeal process; erred in finding that the duty to consult and accommodate could be met or cured after the issuance of the approval; erred in finding that the appeal procedure set out under Part 4 of the Environmental Protection and Enhancement Act was an adequate alternative remedy; and, erred in finding that the application was premature. It has been placed on the Civil Appeals List which will be called January 8, 2007.

This appeal is with respect to the decision of Alberta Environment to issue Environmental Protection and Enhancement Act Reclamation Certificate No. 190544-00-00 to Devon Canada Corporation for the Northstar Radway 9-36-59-20 well in the County of Thorhild. On January 30, 2006, Alberta Environment requested that the appeal be dismissed for being filed late. The Board set a schedule to receive submissions on this motion. On February 21, 2006, Alberta Environment withdrew their motion in order for the Board to pursue mediation. The Mediation Meeting scheduled for July 25, 2006 was cancelled as the parties were in discussions with the Mediator. An agreement was reached. Status reports are due on October 27, 2006. The Mediation Meeting is between identified participants only.

This appeal is with respect to the January 24, 2006 decision of Alberta Environment to issue a Water Act Enforcement Order to Mr. Wayne Sommerstad for an alleged contravention of section 36(1) of the Water Act on his lands legally described as NW-01-20-02-W5M in the M.D. of Foothills for the construction of a dam, the diversion of water, and the release of water through a downstream culvert causing flooding of neighbouring lands. The Appellant also requested a Stay of the Enforcement Order. After reviewing submissions, on March 3, 2006 the Board decided to deny the Stay request. Full reasons for denying the Stay will be issued in due course. A Mediation Meeting was held on March 17, 2006, in Okotoks. A further Mediation Meeting was held on November 21, 2006, in Calgary, and discussions are ongoing. The Mediation Meeting is between identified participants only.

These appeals are with respect to the April 5, 2006 decisions of Alberta Environment to issue Water Act Approval No. 00209123-00-00, Water Act Licence No. 00215182-00-00 and Water Act Preliminary Certifiate No. 00225952-00-00 to Gerard Kulcsar. The Approval authorizes the construction of a pond (approximately 3.5 ha in size) by the removal of peat in a water body (peat type wetland) and the installation of a V-notch weir on a tributary of the Little Red River, near Didsbury. The Licence authorizes the operation of a works and the diversion of up to 2,700 cubic meters of water annually for a fish pond. The Preliminary Certificate is a promise of a licence for up to 5,175 cubic meters of water annually from a tributary of the Little Red River upon compliance with certain conditions related to the construction of the pond. A Mediation Meeting was held June 27, 2006, in Calgary, and discussions are ongoing. The Mediation Meeting is between identified participants only.

This appeal is with respect to the March 10, 2006 decision of Alberta Environment to refuse to amend IPSCO's Water Act Licence No. 00153559-00-00 by increasing the allocation from 8,640 cubic meters to 10,000 cubic meters for their fabrication plant in Red Deer. Alberta Environment issued Licence October 31, 2006, and IPSCO to advise by December 15, 2006 if they will be withdrawing their appeal.

These appeals are with respect to the March 23, 2006 decisions of Alberta Environment to issue to BURNCO Water Act Approval No. 00204375-00-00 for the construction, operation, and maintenance up to the final creation of the pond in NW 22-053-03-W5M in connection with the gravel mining operation and construction of a pond for wildlife habitat; EPEA Approval No. 203803-00-00 for the opening up, operation and reclamation of a gravel pit on NW 22-053-03-W5M; and Water Act Licence No. 00203992-00-00 to operate a works and to divert up to 18,250 cubic metres of water annually for aggregate washing. These appeals also relate to the March 23, 2006, decision of Alberta Environment to issue Water Act Approval No. 00022289-00-02 to Parkland County for the realignment of the Bellhouse Water Management Project in N 1/2 22-053-03-W5M and the construction of other associated necessary works; and to the November 5, 1999 decision to issue Approval No. 00022289-00-01 to Parkland County changing their name from County of Parkland to Parkland County. A Mediation Meeting was held August 16, 2006, in Edmonton, with further meetings to be held. The Board is scheduling further meetings, however, has encountered difficulties with participants' schedules. The Mediation Meeting is between identified participants only.

This appeal is with respect to the April 5, 2006 decision of Alberta Environment to issue Reclamation Certificate No. 00223139-00-00 to Daylight Energy Trust for the Genesis Newport 12-21-81-2 well, near Fairview. The Appellant asked that the appeal be placed in abeyance until the sink hole area can be assessed once crops are harvested. The Board has requested that the Appellant and Jennar Oilfield Consulting provide status reports by October 31, 2006. Status report has not been received from the Appellant and the Board is attempting to contact the landowner.

These appeals are with respect Water Act Licence Nos. 00188451-00-00 issued October 3, 2005; Licence dated 199-02-03 File No. 80439 Priority Numbers 1998-06-30-01, 1998-06-30-02 and 1998-06-30-03; Licence Amendments 00140731-00-01 and 00140731-00-02; letter of June 26, 2006, issued to AAA Cattle Company by Alberta Environment; and Ministerial Order 28/2005 issued by the Minister of Environment. Alberta Environment's record has been received and distributed to the appellants and AAA Cattle Company. Alberta Environment undertook a technical review and a meeting was held on September 22, 2006 with the participants to these appeals and facilitated by the Board. The Appellants in relation to appeals 06-055 and 06-056 withdrew their appeals on November 17, 2006 and the Board will issue a Discontinuance of Proceedings for their appeals. The Board is scheduling a Preliminary Meeting in relation to the three remaining appeals to determine if the appeals are validly before it.

These appeals are with respect to the July 12, 2006, decision of Alberta Environment to issue Water Act Approval No. 00229111-00-00 to the City of Calgary authorizing the reshaping and alterations to an existing unnamed water body (wetland) in the community of Cranston in the City of Calgary. The Board is awaiting Alberta Environment's record. The Board received a motion from the City of Calgary and Alberta Environment challenging the appeals filed by the River Valleys Committee for not being directly affected by the Approval. The Board had decided to proceed to a Preliminary Meeting and participants were to provide their schedules by August 28, 2006. From various discussions, it appears that a significant concern of all of the participants is the organizational relationships between their various groups. There is a common desire to clarify and enhance these relationships to ensure that all of the participants can continue to work effectively together on common issues, including providing effective protection of the environment. Based on this, the Board understands that the participants are prepared to meet in good faith to discuss the substantive concerns in these appeals. This discussion would include how the current situation that is before the Board arose and how such concerns should be raised in the future. The Board understands that the City is prepared to attend and participate in the meeting if the River Valleys Committee withdraws their appeals. The Board understands that the River Valleys Committee is prepared to attend and participate based on a written agreement with the City. This agreement would include the appeals being withdrawn. Participants provided their decisions by September 14, 2006 and the Board is preparing a response.

This appeal is with respect to the July 13, 2006 decision of Alberta Environment to issue Enforcement Order No. EO-2006/01-SR to Cristallo Engineering Technologies Inc. and Cristallo Holdings Inc. in relation to the Bieseker Waste Treatment Plant, a biomedical waste incinerator, allegedly violating their Approval for the plant. Cristallo is in discussions with Alberta Environment and status reports are due from them on November 28, 2006, however they have not been received and the Board is contacting Cristallo Engineering and Alberta Environment.

This appeal is with respect to the July 10, 2006 warning letter issued by Alberta Environment to Newalta Corporation in response to Alberta Environment's investigation undertaken at the property owned by Hopewell Development Corporation located at Plan 0210817, Block 10, Lot 4 in the City of Calgary. The investigation realtes to the improper storage of hazardous waste on or about July 11, 2004. Alberta Environment states in their warning letter that the incident is a contravention of sections 11(1)(c) and 11(2)(a) of the Waste Control Regulation. The letter further states that no further enforcement action is contemplated for the incident. However, the warning letter will form part of Newalta Corporation's enforcement history and will be taken into consideration should any future contraventions occur. On August 28, 2006 Alberta Environment filed a motion with the Board to decide if it has jurisdiction to hear the appeal. In response to the motion, the Board planned to hold a Preliminary Meeting to deal with the motion. Alberta Environment and Newalta. On October 6, 2006, Alberta Environment advised that they are working with Newalta to resolve their appeal. Status reports are due December 15, 2006.

This appeal is with respect to the September 13, 2006 decision of Alberta Environment to issue Water Act Approval No. 00230839-00-00 to Alberta Highway Services for the construction, operation and maintenance of a storm water management system near Red Deer. A Mediation Meeting was held on November 20, 2006, in Red Deer, and discussions are ongoing. The Mediation Meeting is between identified participants only.

These appeals are with respect to the September 8, 2006 decision of Alberta Environment to issue Environmental Protection and Enhancement Act Approval No. 1242-01-05 to the Town of Turner Valley for the construction, operation and reclamation of a waterworks system for the Town of Turner Valley. An application for a Stay has also been filed. On November 22, 2006, the Board advised that the Stay appeared premature at this time and stated it will deal with it further at an oral Preliminary Meeting. The Preliminary Meeting will also deal with: Alberta Environment's motion that one of the appellants did not file a Statement of Concern with Alberta Environment prior to filing a Notice of Appeal with the Board; the Board's motion whether an appeal was filed late; Alberta Environment's motion that a Notice of Appeal is not related to the current Amending Approval before the Board (and would be the subject of a separate application to Alberta Environment for an Approval and that application has not been filed with Alberta Environment); the Town's motions that an Amending Approval may not have been required rendering the appeals and Stay issue moot; the Town's motion questioning whether the Appellant has standing to bring a Stay application; the Town's motion on the status of the Statement of Concern which should have been filed by the Appellant; the Town's motion regarding the issue of security to be posted by the Appellant to indemnify the Town against losses attributed to any delay; and the Town's motion on the jurisdiction of the Appellants to file Notices of Appeal. A date for the Preliminary Meeting will be set.

These appeals are with respect to the October 12, 2006 decision of Alberta Environment to issue Environmental Protection and Enhancement Act Environmental Protection Order No. EPO-2006/11-CR to SP79 Investments Ltd., Petro-Canada and Gulf Canada Limited with respect to the clean up of a former service station located at 5010-50 Street, SE 34-50-24-W4M, in Beaumont. SP79 Investments has also made application for a Stay of the Order. On November 9, 2006 Alberta Environment advised the Board that they have agreed to an interim Stay of the Order. In consultation with the participants, the Board has scheduled a Mediation Meeting for December 18, 2006, at the Board's office. The Mediation Meeting will be between identified participants only.

This appeal is with respect to the September 26, 2006 decision of Alberta Environment to issue Environmental Protection and Enhancement Act Approval No. 1657-01-00 to the County of Lethbridge authorizing the construction, operation and reclamation of a waterworks system for the Mountain Meadows Estates, in the County of Lethbridge. A Mediation Meeting has been scheduled for February 1, 2007 in Lethbridge. The Mediation Meeting is between identified participants only.

This appeal is with respect to the October 13, 2006 decision of Alberta Environment to refuse to issue a reclamation certificate to ARC Resources Ltd. for the Mobil Pem 08-16-049-07-W5M well, near Drayton Valley. The Board is waiting for Alberta Environment's Record in this matter, and schedules from ARC Resources and Alberta Environment, which are due December 18, 2006.

This appeal is with respect to the October 5, 2006 decision of Alberta Environment to issue Environmental Protection and Enhancement Act Amending Approval No. 224905-00-01 (Application No. 002-224905) to E-T Energy Ltd., for the construction, operation and reclamation of the Poplar Creek Field Test Project enhanced recovery in-situ oil sands or heavy oil procssing plant near Fort McMurry. The Board is waiting for Alberta Environment's Record in this matter, and schedules from the Appellant, E-T Energy and Alberta Environment, which are due December 22, 2006.