BRITISH
COLUMBIA

File: 
December 17, 2015
REGISTERED MAIL
1760957 Alberta Ltd.
900, 630 3rd Avenue SW
Calgary, AB T2P 4L4

Dear Permittee:

Re: Warning, Unauthorized Discharge of Demolition Waste at 8100 Golf Course Road,
Radium Hot Springs B.C., Radium Resort.

 

On February 23, 2015, the British Columbia Conservation Of?cer Service and Environmental
Protection Division were noti?ed by a public complaint, that demolish waste originating from
the Radium Resort was being prepared for burial on the resort property. Both the Conservation
Of?cer Service and Environmental Protection Division have advised Mr. Steve Kuf?er from
Radium Resort that the demolition waste material is considered municipal waste and must be
disposed at an authorized solid waste disposal facility.

Section 6(2) of the Environmental Management Act (Ell/L4) states that, ?a person must not cause
or allow waste to be introduced into the environment in the course of conducting a prescribed
industry trade or business?. By discharging waste from Radium Resort to an unauthorized waste
facility, 1760957 Alberta Ltd. is in violation of this section of the Act, where an offence under
the Act, section 120(3) of EMA states as follows:

A person who contravenes any of the following commits an o?ence and is liable on conviction to
a ?ne not exceeding $1 000 000 or imprisonment for not more than 6 months, or both:
section 6 (2), (3) or (4) [waste disposal].

It should also be noted that, as an alternative to the offence provision mentioned above, the
Administrative Penalties Regulation (Ell/L4) (B.C. Reg. 133/2014) (APR) was brought into force
in 2014. The APR describes the prescribed provisions of the EltiA as well as that of speci?ed
regulations under which administrative penalties can be assigned. Section 12(1) of the APR
states as follows:

 

Compliance and Integrated Pest

Mailing Address: Telephone: 250 4898540
Management

. tall) ti D. .i 205 Industrial RoadG Facsimile: 2502489?8506
?Home? to 6?3 0? ?15?11 Cranbrook BC V1C 7G5 Website: 

Ministry of Environment

 

J2 person who contravenes section 6 (2), (3) 0r (4), 7, 8, 9 (J) or (4), 25 (2), 40
(I), (2), (3), (6) or (7), 48 (8), (10) or (15), 55 (1), 72(1) 0r_(2) or 76.2 ofihe Act is
liable to an administrative penalty not exceeding $75 000.

Having considered the relevant circumstances related to these alleged offence, it has been
decided to warn 1760957 Alberta Ltd. of the possibility of an escalating response should non?
compliance continue, rather than charge. The Warning Letter, Inspection Report #23 946, and
the alleged violation and circumstances to which it refers, will form part of the compliance
history of the Discharger and will be taken into account in the event of future violations.

Finally, I request that 1760957 Alberta Ltd. immediately implement the necessary actions to
address the unauthorized discharge. 1760957 Alberta Ltd. must notify this of?ce by phone,
email or letter Within 30 days of this letter, advising what corrective measures have been taken,
and what else is being done, to prevent similar non-compliances in the future.

If you have any questions with regard to this Warning Letter, please contact the undersigned at
250?489-8520

Yours truly,

Via email

Liz Archibald

Environmental Protection Of?cer
Ministry of Environment

Attached: Inspection Report 946 and photo log.

cc: BC Conservation Of?cer service~ Invermere BC Of?ce

LA/jb