Breaking News – November 25th 2020
AB Environment and Parks Department fine attempt against TNC was stymied by Environment Appeals Board phone call with TNC’s lawyer!!! The “economic benefit” fine basis to TNC for accepting millions of dollars of compost was “renegotiated” to ZERO DOLLARS!!! From $1.486 million to ZERO!!! One has to question the validity of such a decision.
AEP investigators are humiliated by the decision, EAP has been accused of collusion with TNC by neighboring landowners. This resolution was made by telephone call, it didn’t even get to the prescribed appeal hearing, and the interested party testimony request was denied. In other words, it was an all-around cluster coitus by the review board.Alberta_Envrionmental_Appeals_Decision_2020
TNC Fine Appeal Hearing Results Videoconference on November 25th 2020
What do we think ? Well, the Nov. 25 meeting is already called a “mediation meeting” so the participants might simply decide to start negotiations with the old “How about we meet half way ?” Of course the assessed amount of the fine is already ridiculously benevolent on the part of the Province. How so ? Well let’s do a little arithmetic.
Section 230 of the Environment Protection and Enhancement Act says that the fine can be the economic benefit received.
“B Train” trucks typically carry 40 tons. Lets say only 20 tons of compost on average because it’s “fluffy”.
Traffic was about 40 trucks a day for 200 days a year, but lets say it was only 20 trucks a day to be on the benevolent side. Residents know, as the trucks drove past their houses. Some took photos.
Facility licensed capacity was 20,000 tons per year
20 trucks times 20 tons per truck times 200 days per year is 80,000 tons per year. So 60,000 tons over their license limit at $100 per ton means the fine should have been SIX MILLION DOLLARS!!! And, that was only one year of their 3 year green bin composting operation. The AEP found that Thorlakson’s had accepted 2 ½ times their licensed limit. See here.
This is relatively close to what one obtains guesstimating from Google Earth as to how much compost was on the ground. TNC processed for three years and much illicit compost was spread on fields, some without passing through the facility, and throughput was on an upward climb. We would guess that our $6 million estimate is about half of the tipping fees over the duration of the illicit operation. Of course our estimate is approximate, having cut most guesses in half.
We feel we should mention the 2 year jail term that can be applied to individuals willfully not complying with the regulations stated in APEA in section 228 for breaches of sections 60 and 87. We assume the TNC employees didn’t know they were not complying with regulations, having accepted at least 250% more material than their permit allowed.
Breaking News – October 2020 – TNC Objects to Intervenor Status of EASTS Representative
Update – September 2020 – Appeals Board Meeting Set for November 4th 2020
July 15th 2020 – TNC Disputes AEP Fine and File will got to Environmental Appeals Board
Thorlakson’s Nature Calls appealed the $1.486 million fine on the basis that the monetary benefit to TNC of operating in contravention of the regulations had been miscalculated by AEP.
A July 15, 2020, AEP video conference did not resolve the issue and it is to be scheduled to be reviewed by the Environmental Appeals Board.