Spring 2019 PEG

THE DISCIPLINE FILE

Date: September 7, 2018

Case No.: 18-007-RDO

IN THE MATTER OF THE ENGINEERING AND GEOSCIENCE PROFESSIONS ACT AND IN THE MATTER OF THE CONDUCT OF MR. JAN KORZENIOWSKI, P.ENG.

unskilled practice since he has been a member. 3. His background and experience have been primarily in the water engineering field, generally related to water supply and wastewater systems and hydrogeology, taking on a variety of different projects through his company, JK Engineering Ltd. 4. The Member was retained on a verbal contract with the Complainant with the specific scope to complete a water and wastewater treatment facility at [the golf course] that would be in compliance with appropriate regulatory bodies and jurisdictions. 5. The Member and the Complainant did not execute a formal, written contract to confirm the scope of work. Rather, the agreement was for the Member to provide engineering services on an as-required basis. 6. The Member provided design drawings for the System that were to be submitted for Alberta Environment approvals and then utilized by the Complainant’s staff and contractors to construct. 7. The Member supplied equipment for the System, with some components being sourced out of Poland. Among components sourced out of Poland were fiberglass, potable water storage tanks. 8. Alberta Environment and Parks (AEP) Standards and Guidelines for Construction and Design of Water Works Facilities is a document that sets the standard for tanks that come into contact with water. In the treatment process, anything that contacts the water must comply with NSF61. In this case, the tank was not NSF61-certified and therefore is not in compliance with NSF61. The standard reads:

The Investigative Committee of the Association of Professional Engineers and Geoscientists of Alberta (APEGA) has conducted an investigation into the conduct of Mr. Jan Korzeniowski, P.Eng., (the “Member”) with respect to a complaint initiated by [the Complainant]. A. THE COMPLAINT The Investigative Committee appointed an Investigation Panel to conduct an investigation into whether the Member engaged in unprofessional conduct and/ or unskilled practice with respect to the allegations outlined in the complaint dated February 9, 2015. A Notice of Investigation was sent to the Member on July 15, 2015, requesting the Member to respond to the Complainant’s allegations. B. BACKGROUND The Complainant is the owner and developer of [an Alberta golf course]. To ensure his golf course and banquet facilities would be Alberta Environment- compliant, he required the services of an engineer to design a water supply and wastewater sewage system (the System). The Complainant, through [Company A], retained the Member (JK Engineering Ltd.) in 2000 on an "as- required" basis. C. AGREED STATEMENT OF FACTS 1. The Member attained his master’s degree in civil engineering from the Technical University of Warsaw, Poland, in 1966. 2. The Member has been practising as an engineer in

Canada for approximately 45 years and has been a member in good standing of APEGA since 1976, with no prior findings of unprofessional conduct or

The AEP Standards and Guidelines for Construction and

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