The Environmental Appeal Board reduced fines for illegal burning of wood pallets by 59 per cent for a small business near Fort St. John.
In a July 4 decision, Panel Chair David Bird upheld the findings that Kalia Resources Corp. and its owner, Joseph Kitzke, violated the Environmental Management Act by unlawfully discharging waste by burning pallets on the 15-acre Charlie Lake property.
Last year, Kitzke appealed the $75,000 in fines ($32,000 in 2022 and $43,000 in 2023). Bird reduced the penalties to $30,800 ($14,300 and $16,500, respectively).
Conservation Officers had investigated open burning incidents in November 2018 and January 2021. Bird said the evidence supports the finding that Kitzke lacks remorse and was uncooperative, “as demonstrated by elusive statements to (conservation officers) investigating both the 2018 and 2021 contraventions.”
However, Bird decided that the nature of contraventions was moderate, not major as previously found.
Fines are supposed to deter future contraventions, promote future compliance and motivate persons to improve their behaviour. “However, administrative penalties are not retribution,” Bird wrote.
“The (Administrative Penalties Handbook) specifically guides that penalties for individuals and small operators should be lower than for companies. I find that the appellants fall into the small operator category,” Bird wrote.
Kalia’s business involves using a sewage pump truck to collect sewage from homes and small businesses year round, cleaning up yards and removing snow. It also collects wood pallets for repair and redistribution. Bird’s ruling said Kalia had been ticketed under provincial law for discharging sewage into a lagoon on the property in March 2015, burning prohibited materials in March 2016 and discharging sewage again in November 2018.
The Ministry of Environment also sent warning letters in November 2015 for open burning and May 2017 for discharging raw sewage.
