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Environmental 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...
read moreMOECC Changes the Permitting for Air, Noise, and Odour
For the regulated community in Ontario, the New Year has begun with an environmental regulatory change that specifically affects Air, Noise, and Odour permitting. According to the Government of Ontario, “This Regulation comes into force on the later of January 31, 2017 and the day it is filed.” The changes are spelled out in Ontario Regulation 1/17. The good news is, if your business is eligible, you may no longer be required to obtain an Environmental Compliance Approval (ECA) for your facility’s emissions to air, noise, and/or odour....
read moreReport: Ontario’s Environmental Approval Process Not Managing Risks
The environmental approval program, according to the Office of the Auditor General of Ontario, is, “…not effectively managing the risks to the environment and human health from polluting activities.” The annual report was tabled in the Legislative Assembly of Ontario on November 30, 2016. The report, which is two volumes with more than 800 pages, has “only” 40 pages focused on Environmental Approvals in Ontario. As related to the Environmental Approvals, the report provides the following: A significant number of emitters may be operating...
read moreAmendments to Export/Import of Hazardous Waste/Recyclables
Earlier in 2016, there was less than favourable press coverage about Canadian household waste shipped to the Philippines back in 2013 and 2014. There were more than 100 containers of waste shipped from Canada to the Philippines that were in international regulatory limbo. Recent amendments to Canadian regulations seek to avoid such issues in the future. On October 21, 2016, the Export and Import of Hazardous Waste and Hazardous Recyclable Materials Regulations were amended. This was subsequently published in the Canada Gazette on November...
read morePBDE: An Emerging Environmental Regulatory Concern?
We often talk about how environmental compliance is never static, because chemicals or compounds that might be acceptable and even lauded one day are a concern the next day. Consider a recent group of chemical compounds that fit this description: Polybrominated Diphenyl Esters (PBDEs). According to the American Council for Science and Health, organic compounds such as PBDEs that contain multiple atoms of bromine and chlorine in their structure usually have two properties: (1) they don’t burn, and (2) they are highly stable in the body,...
read more2016 Monthly Environmental Compliance Posts
December (2015) – Environmental Compliance Approval How do I know if the Ministry of the Environment and Climate Change (MOECC) will require that I obtain an Environmental Compliance Approval (ECA) for a discharge from my facility? The bar is pretty low for requiring an ECA in Ontario. According to the MOECC, “If a business’s activities impact the natural environment, that business needs an approval from the Ministry of the Environment (and Climate Change) to operate legally in Ontario.” The basic rule is that if you currently discharge, or...
read moreUS Election Results and Canadian Environmental Expectations
Trade between Canada and the United States (U.S.) is a pretty big deal for both countries. In fact, when you look at 15 of Canada’s top import partners, the US accounts for more than 75% of Canadian imports. So when national elections occur on either side of the border, those in business pay attention. With the US Presidential election now in the books, what are the potential implications as they relate to environmental issues? While we’ll all learn more after appointments are made and the President Elect has begun to shape actual...
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