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Environmental Infractions are Getting More Costly
When I talk with my colleagues in our US office, they often comment that the fines for environmental violations seem far less severe in Canada than in the US. In fact, earlier this year, the US Environmental Protection Agency substantially increased the potential cost for non-compliance. However, as I shared with my colleagues, some recent cases in Canada may signal a change in environmental fines, as well as plaintiff awards. Larger Penalties The federal Fisheries Act was updated a few years ago to allow for “more monetary teeth” in...
read moreCambridge TCE Site – One of the Largest
The Cambridge trichloroethylene (TCE) site is one of the largest TCE sites in Ontario. This, according to Amy Shaw, district manager with the Ministry of Environment and Climate Change (MOECC). The site is the former Northstar Aerospace facility site in Cambridge, Ontario, where it has been 12 years since the Bishop Street TCE plume was discovered. Earlier this spring, the Cambridge TCE issue was in the news again. The CBC reported that the MOECC did not have a timeline for when the area will be completely remediated. OHSInsider ran a...
read moreNPRI: June 1st Reporting Deadline
Environmental compliance can seem like a race without a finishing line; you are never quite there. And as you, no doubt, are aware, it’s time again to make sure you have your National Pollutant Release Inventory (NPRI) completed so you can meet your June 1st reporting deadline. While there have been some changes, the starting point is still to ask yourself if you have NPRI reporting obligations. For that, we turn to Environment and Climate Change Canada (ECCC): “If one or more NPRI substances was manufactured, processed or otherwise used at...
read moreThe Most Important Environmental Issue?
What is THE MOST IMPORTANT environmental issue? In the environmental “world” including the regulated community, the regulators, and those who provide advice and services, the answer to this question will vary greatly. It will depend on your responsibilities and the individual pressures you face on a daily basis. Results of Informal Environmental Survey That was our conclusion from the unscientific survey we conducted while at the CANECT conference in Mississauga, Ontario. The specific question we asked was: “What is the most important...
read moreEnvironmental Regulations: Dry Cleaners and Their Suppliers
In the past few years, we’ve shared observations regarding several cases of enforcement at dry cleaners. The basis for enforcement is the Tetrachloroethylene Regulations, or PERC Regulations (SOR/2003-79). This is a federal (rather than provincial) regulation. It is administered under the Canadian Environmental Protection Act. While there is little disputing the potential health and environmental impacts that can result from mishandling PERC or other chlorinated solvents, it’s the regulatory application that becomes more challenging and, at...
read moreCanada-Ontario Draft Action Plan for Phosphorus Control
Walkerton, Ontario – E. coli; Flint, Michigan – lead; and Toledo, Ohio – cyanobacteria. The common denominator is that all were public health issues involving drinking water. With these, in some cases, tragic incidents as background, there is increased focus on public water supply and infrastructure. And because there is a direct correlation between nutrient loading in lakes and algal blooms/cyanobacteria, there is a focus on the impact of nutrients on Lake Erie (and other water bodies). To say that the problem with nutrient loading that...
read moreEnvironmental Protection, Violations, and Enforcement
Environmental protection has a price tag, as do environmental violations. This is not exactly news to anyone involved in environmental protection/management. Staying on the protection side and avoiding the violation side requires constant diligence. Providing tips and reminders regarding compliance/assessment/remediation is one of the goals of our blogs and our monthly environmental compliance tips. On occasion, we also share with you some of our observations on the violation side (see our post from last fall, Environmental Enforcement...
read moreGroundwater Awareness Week – Some Challenges and Advice
Across Canada and the United States, March 5-11 is recognized as National Groundwater Awareness Week (see NGWA). Groundwater protection is one of the most important aspects to any environmental protection program. Once impacted, remediation of groundwater can be a significant challenge and expense. Once depleted, groundwater supply aquifers are forever damaged. For Ontarians, you need only mention “Walkerton” to recall the profound and long-lasting negative impact of failing to adequately protect groundwater. More recently, the Ministry of...
read moreEnvironmental Liability in Ontario and “Big Environmental Litigation in 2017”
Environmental liability and environmental litigation were in the news again recently. Below we share our observations regarding a couple of these developments. Environmental Liability in Ontario The first observation relates to the question of Ontario’s policy related to addressing liability for impacted soil and groundwater. The Environmental Commissioner of Ontario, Dianne Saxe, discussed the issue of “environmental policy” in the province about a year ago. As Ms. Saxe said, the Province has been “picking innocent people and making them...
read more2017 Reporting for Chemicals Management Plan
The reporting of chemical use, due later this year, will be the third inventory update (IU) (since 2009) of Canada’s Chemicals Management Plan (CMP). The IU is conducted in an on-going, cyclical manner, with reporting to the government every four years. Previously, Health Canada collected information on approximately 550 substances in 2009 and another 2,700 in 2012. In 2017, the IU will collect information on approximately 1,500 chemicals and polymers. The good news is there is an online reporting tool, and Environment and Climate Change...
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