IN THE PROVINCIAL COURT OF ALBERTA
CRIMINAL DIVISION
BETWEEN:
HER MAJESTY THE QUEEN
-and-
SMITH'S SERVICE (LOUGHEED) LTD.
BEFORE THE HONOURABLE
JUDGE if'· G-. .£, u 1-1..--. y'
AT EDMONTON, ALBERTN
)
)
)
On Monday, the 19th day of
December, 2011.
ORDER PURSUANT TO SECTION 234(1) OF THE
ENVIRONMENTAL PROTECTION AND ENH4NCEMENT ACT
WHEREAS SMITH'S SERVICE (LOUGHEED) LTD. stands convicted of one offence lmder
the Environmental Protection and Enhancement Act, to wit:
Count 1:
On or about the 22"d day of July, 2010, at or near Lougheed, in the Province of Alberta,
did knowingly commence or continue any activity, to wit, the burning of prohibited
debris by means of an open fire, that is designated by the regulations as requiring an
approval unless that person holds the required approval, contrary to section 60 of the
Environmental Protection and Enhancement Act and did thereby c01runit un offence
contrary to section 227(d) of the Environmental Protection and Enhancement Act.
nc?--!J .
\
surcharge,~ J (J(g_)-,
WHEREAS in addition t_o <1 fine of $3,718.00, inclusive of victim fine
Y
2, the Crown and Defence counsel have
made a joint submission to tllis Honourable Court for a creative sentencing project to provide
funding to the Flagstaff Regional Solid Waste Management Association to increase their ability
to collect household hazardous waste year round.
AND WHEREAS the total contribution from tllis creative sentence to the board's project is
$16,282.00;
IT IS HEREBY ORDERED that pw·suant to the provisions ofsection234(1) of the
Environmental Protection and Enhancement Act, SMITH'S SERVICE (LOUGHEED) LTD.
shall comply with the following conditions:
I
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1. On or befure the
day of £;Jt:,IJJaP(, 2012, SMITH'S SERVICE (LOUGHEED)
LTD. shall deposit the amount of$16,282.00 into a trust account (the "Tmst Accotmt") at
the Flagstaff Regional Solid Waste Management Association (the "association") for the sole
purpose of funding the Household Hazardous Waste Storage Project, as described in
Appendix "A" hereto.
2. The conditions upon which f'i.tnds may be disbursed from the Trust Account are set out in
Appendix "B" hereto.
3. For the purpose of the administration of the Household Hazardous W<J.ste Stor<~ge Project,
the Flagst<J.ff Regioruli Solid Waste Management Association's representative will be the
manager, currently Murray Hampshire, or his designate. The Albetta Environment
representative will be HMneke Brooym<J.Ds or her desigmte.
4. Murray H<~mpshire, as a duly authorized representative of the Flagstaff Regional Solid
Waste M<J.Dagcment Association, shall authorize all expenditures from the Tmst Account,
<J.nd shall verify such expenditures are incurred for purposes for which the Tn1st Account
was established, all as more particularly set out in this Order.
5. In conjunction with the Household Hazardous Waste Storage Project, each storage site will
post a notice cont<J.ining information about this Creative Sentence Order, as stipulated in
Appendix C.
6. In the event that MY of the conditions of this Order carmot be satisfied, or the association is
not prepared to accept the funds set out in paragraph 1 of this Order under the conditions
specified, Counsel for SMITH'S SERVICE (LOUGHEED) LTD. Md Alberta Justice shall
meet to resolve the issue, failing which the parties have le<J.ve to appear before this
Honourable court for further direction.
DATED this 19th day of December, 2011, in the City of Edmonton, in the Province of Albert<~.
CO
ENTEDTOBY:
, Crown Prosecutor
c-.(-
c:.
~c_{c~
LCounsel for Smith's Service (Lougheed) Ltd.
2
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APPENDIX "A"
Household Hazardous Waste Storage Project
Project Summan:
To purchase Secondary Contairunent at Transfer Sites
Flagstaff Regional Solid Waste Management Association
(FRSWMA)
FRSWMA is a not-for-profit association of municipalities in east central Alberta providing:
• solid waste collection (12 towns and villages),
• waste consolidation and transportation from 11 transfer sites,
• bin rental services for 790 rural, commercial and industrial customers, and
• Class IIC Sanitary Landfill with full-scale recycle/diversion programs.
In cooperation with the Alberta Recycling Management Authority and our community partners,
FRSWMA conducts an annual fall Toxic Round-up for household hazardous materials. This
onetime event is limited to two hours (annually) in six separate communities. If residents of
these conm1unities miss this two-hour window in their community, they must store materials for
another year, or transport those materials to the Flagstaff Waste Sanitary landfill, which is not
located centrally to the majority of residents of Flagstaff County.
This proposal offers another option for disposal of select materials at each transfer site
throughout Flagstaff County with the following assun1ptions:
• Purchase of one 54-inch-by-54-inch spill containment pallet for each transfer site in
Flagstaff County (I 2 sites), complete with three sealable storage bins of three
different sizes
• Provide a winch, hoist and lift to transfer storage bins from transfer site to one-tonne
tmck for consolidation of all matelial at landfill.
The estimate of the Household Hazardous Waste Secondary Containment Facilities at the 12
Transfer Sites in the Flagstaff Partnership is $20,282. The FRSWMA will support this program
with a $4,000.00 grant reducing the cost of the program to $16,282 as reflected in the chart
below:
Flagstaff HHW Collection -transfer sites
Program Assumptions
Description
Transfer Site Personnel
1 ton Truck· FRSWMA
sma II Bins with lids
large bins with lids
50X45 Spill Trays
Hoist/Winch for 1 ton
Sub-total Expense
FRSWMA Subsidy
Program Tota I
number
75
18
28
16
11
1
Price
20
95
53.71
547.7
255
4000
Exteno;ion
$ 1,500
$ 1,710
$ 1,504
$ 8,764
$ 2,805
$ 4,000
$20,282
$ (4,000)
$ 16,282
3
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hi consideration of this amount, FRSWMA will promote the creative sentencing program at each
of the Flagstaff Transfer sites, provide broader community advertising in local newspapers and
encourage a news article detailing the program, its aims and the impact on this project.
A full accounting of expenditures and an annual report measuring use will be provided for three
years. The manager of FRSWMA will manage and administer the trust account and report back
as per provided guidelines.
The positive outcomes from this program will be to provide 12 new sites for Flagstaff residents
to dispose of Household Hazards- specifically, remnant amounts of paint, empty paint
containers, wet cell batteries, rechargeable household batteries, and used oil filters. More
importantly, this program is estimated to increase diversion (from 8 tonnes to 16 tonnes) of
household hazardous waste from the sanitary waste stream.
4
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APPENDIX "B"
Conditions of Funding
The trust fund created in favour of the Flagstaff Regional Solid Waste Management Association,
as established by tills Order, may be used by the association on the following conditions:
1. The funds shall be used to develop the Household Hazardous Waste Storage Project
within two years;
2. The following limitations apply to the Household Hazardous Waste Storage Project:
(a) The association will not apply any overhead charges that are not related to the
Household Hazardous Waste Storage Project.
(b) At the conclusion of the Household Hazardous Waste Storage Project, the
association shall submit a written report. Copies will be delivered, to tills
Honourable Court, to the Environmental Investigations Liaison, and to Smith's
Service (Lougheed) Ltd., as to the success of the Household Hazardous Waste
Storage Project.
(c) The report prepared pursuant to paragraph 3(b) shall be in the public domain;
(d) The repolt prepared pursuant to paragraph 3(b) will identify as the genesis of the
fund, the conviction entered against Smith's Service (Lougheed) Ltd.;
3. The following will not be considered legitimate expenses of the Household Hazardous
Waste Storage Project:
(a) Operating expenses of the association that are not related to the Household
Hazardous Waste Storage Project;
(b) Purchase ofland;
(c) The regular activities of the association;
(d) Fees.or honoraria for members of the association other than the costs directly
associated with the Household Hazardous Waste Storage Project; and
(e) Out-of-province travel expenses.
4. At the conclusion of the Household Hazardous Waste Storage Project, the association
shall provide tills Honourable Court with a financial statement outlining an accounting
for the funds directed to this project by this Order and shall returu any unused funds to
the Clerk of the Court, Edmonton Provincial Court House, Edmonton, Alberta within six
months ofthe completion ofthc Household Hazardous Waste Storage Project, to be dealt
with thereafter as tllis Honourable Court may direct.
5. If for any reason the funds directed to this project cannot be used in the manner set forth
in tills Order, or if the association is for any reason unable or tmwilling to comply with
tills Order, all funds directed to this project shall be held by the association in trust until
ftuther direction of this Honourable Court.
5
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APPENDIX "C"
Upon installation, each new household hazardous waste storage site shall bear a sign for a period
of one year that reads:
These household hazardous waste storage bins, being provided to citizens living within
Flagstaff County borders, were made available by a Provincial Court decision to enact a
creative sentence order that included a fine following the prosecution of a local business
which burned prohibited debris. It is against the law to bum prohibited debris by means
of an open fire, mtless otherwise approved by provincial regulatory authorities.
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NO. ll0843620Pl
20IJ
IN THE PROVINCIAL COURT OF ALBERTA
CRIMINAL DIVISION
BETWEEN:
HER MAJESTY THE QUEEN
-and-
SMITH'S SERVICE (LOUGHEED) LTD.
ORDER PURSUANT TO SECTION 234(1)
OF THE ENVIRONMENTAL
PROTECTION AND ENHANCEMENT ACT
SUSAN McRORY
Crown Prosecutor
Specialized Prosecutions Branch
2"d Floor, 9942 - 108 Street
Edmonton, AB T5K 2J5
Phone: (780) 415-2708
Fax:
(780) 644-2034
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