High Country taxpayers may have to shoulder the costs of a lengthy appeal process that stemmed from two Turner Valley resident’s claims the town’s drinking water is unsafe.
The Alberta Environmental Appeals Board turned down requests from Roxanne Walsh and Julie Walker and the Town of Turner Valley to cover expenses incurred during the appeal process.
During a four-day hearing last spring, Walsh and Walker asked the board to require more testing of the town’s drinking water and that the Town be required to provide data showing it is safe. The board deemed the Town’s water as safe.
Walsh and Walker submitted $75,095.61 in expenses and the Town sent in an additional $584.563.09 claim.
“The decision to not award the Turner Valley cost claim was disappointing,” said Barry Williamson, Town chief administrative officer. “Although the significant costs associated with a hearing process cannot be financially sustained by small municipalities in Alberta, the residents of Turner Valley, Black Diamond and the MD of Foothills have, through the board’s decision, the regulatory assurance with regard to the safety of the joint drinking water system.”
Williamson said the Town’s next step to recover the almost $600,000 in expenses, which include expert witnesses and legal fees, is through flood recovery grants. If that fails, the Town plans to use its unrestricted operating reserve, Williamson said.
“This emergency reserve will only be accessed once the unrecovered costs have been determined and apportioned between the QUAD capital partners - Turner Valley, Black Diamond and the MD of Foothills,” he said.
“If in 2016 the Turner Valley reserve draw is exercised, a re-funding plan back into the reserve will be required over 2017 using utility rates and/or property taxes.”
The Province declared Turner Valley’s drinking water safe last fall, but Shannon Phillips, Alberta minister of environment and parks, ordered the Town to change when and how it monitors its water and improve communication with the public based on recommendations by the Environmental Appeals Board.
The board specified the Town must review its water sampling schedule to get better readings, develop a low-flow sampling pilot project, reinstate its Waterworks Advisory Committee and post communication between the Town and Alberta Environment and Parks regarding the waterworks system on the Town website.
The hearing was held in response to Walsh and Walker’s appeals regarding the construction of an infiltration gallery in the Sheep River and its connection to the water treatment plant, citing concerns the gallery is close to a former landfill site used by the Turner Valley Gas Plant and 18 decommissioned septic fields in Calkins Place.
Walker also submitted an appeal in response to the Town’s request that Alberta Environment reduce its hefty testing and monitoring restrictions for its raw water reservoir, established after Walsh appealed the construction of the reservoir in 2008. At the time, she was concerned about contaminants in the area due to the town’s 100 year history in oil and gas.
According to a letter submitted to the Town by the appeals board in January, it confirmed awarding $2,191.88 to the appellants’ consultant WDA Engineering for its satisfactory assistance at the hearing.
It also states “costs are awarded on whether the evidence presented assisted the board in making its report and recommendations.”
Walsh and Walker’s costs include almost $70,000 incurred from WDA Consultants Inc. and the remaining are personal costs. The women raised $1,237.90 on a crowd funding site, which was paid to Dr. Weyer of WDA Consultants.
Walsh refused to comment on the board’s decision not to award their remaining expenses.
