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PERC and TCE Releases
A couple of common bad environmental actors (i.e., toxic chemicals) have been in the news again recently. One news story should be a heads up for a specific industry, and the other news story is about an ongoing concern for residents of a small community. Dry Cleaner Fined About a year and a half ago, my colleague, Andrew Tymec, P.Eng., wrote a blog about enforcement actions at dry cleaners across Canada. In the blog, Andrew said, in part, “If you have dry-cleaning operations in Canada, you would do well to pay attention to this (enforcement...
read more“Innocence” When It Comes to Environmental Liability Means Nothing
As it relates to environmental liability in Ontario, my colleagues and I have, for several years, discussed how to best protect our clients from the creeping environmental liability in the province. For example, two years ago we wrote an article in Environmental Science and Engineering Magazine, “Property owners need to be concerned about clean up liability following the Kawartha Lakes spill.” We called the Kawartha Lakes Decision a potential game changer. In our November 6th blog (trend on personal liability), we also discussed the...
read moreGroundwater Contamination: Proving Your Position
We are often asked by lawyers if we can determine when a chemical release occurred or help determine who is responsible for a release. This can be important in allocating responsibility for contaminated groundwater, especially when more than one party may have released the same chemical from the same or a nearby location. To gain some insight regarding how you might go about dating a release or understanding complex groundwater conditions, we are providing a short question and answer session below with three of our senior staff with...
read moreRecent Environmental Litigation and Fines
As we wind down the year, we wanted to share just a couple of recent news items relating to fines/penalties/litigation associated with environmental releases. $1.3 Million for PHC Contamination Proving who is responsible for contaminated soil/groundwater has been one of the mainstays for Dragun since 1988 (working directly with lawyers). The recent case regarding a site in Toronto was not so much of a who-is-responsible mystery as much as a case of neglect. The site from where the contamination was emanating stored large volumes of waste...
read moreEnvironmental Remediation Frustrations
When groundwater or soil remediation efforts are not going as planned, the culprit is typically a poorly designed Conceptual Site Model (CSM) or the lack of a CSM. Over the past 25 plus years of conducting peer reviews, Dragun has seen poorly designed CSMs or the lack of a CSM again and again. In fact, this is such an important issue that, over the past year, we have been providing a series of Environmental Minutes “Eight Keys to Successful Environmental Remediation.” In these minutes, we go into detail regarding CSMs, but in very general...
read moreEnvironmental Compliance and Aging Infrastructures
It’s quite a contrast how pollutants are viewed. A Thunder Bay Pulp Mill was fined $250,000 for, “…failing to ensure that effluent discharge and testing limits were maintained…” The company that was fined failed to ensure that the water was properly treated before discharge. Now, juxtapose the above non-compliance issue to the City of Montreal who was granted permission to discharge 8 billion litres of raw sewage into the St. Lawrence River. Though the discharge turned out to be only 4.9 billion litres, it was, nonetheless, an unappealing...
read moreEnvironmental Contamination – Are You Personally Liable?
The recent case heard by the Ontario Environmental Review Tribunal (ERT) involving Trichloroethylene (TCE) contamination in groundwater was not about contamination at all. As stated in the July 2015 ruling, “The existence of contamination in, on or under the Property and a plume of groundwater contamination in the immediate vicinity of the Property are not at issue in these proceedings…” If the issue of environmental contamination wasn’t about environmental contamination, what was it about? In a word, responsibility; in two words, whose...
read morePrecautionary Principle and Canadian Environmental Law
While it may not be well known by many, the precautionary principle has clearly found its way into Canadian law and may impact future management decisions regarding environmental issues. What is the precautionary principle? Some have said it boils down to better safe than sorry. However, the working definition will depend, in part, on who you ask. In fact, there may be as many as a dozen definitions, but the two main definitions are the Rio Declaration and the Wingspread Statement: Precautionary Principle The Rio Declaration of 1992 states,...
read moreOntario’s GHG Cap and Trade Program Takes Shape
If you follow our blogs, then you may recall that on April 24th we discussed the pending Greenhouse Gas (GHG) Cap and Trade Program for Ontario. We mentioned then that we would keep you updated as we learn more about the nuts and bolts of this program. And what we know currently is based on a recent release from the Ministry of Environment and Climate Change (MOECC). On September 14, 2015, the MOECC issued a notice seeking comments on proposed amendments to the GHG Emissions Reporting Regulation (O.Reg. 452/09) and the Guideline for...
read morePermitting Water Withdrawal in Ontario
Protecting Ontario’s more than 250,000 lakes, which represents about 20% of the world’s fresh water, while avoiding overly burdensome regulations is an ongoing challenge. One of the ways fresh water is protected in Ontario is by permitting more significant water withdrawal events. The Ministry of Environment and Climate Change (MOECC) requires those who withdraw water to obtain a Permit to Take Water (PTTW). The source law regarding PTTW is found in the Ontario Water Resources Act, and Ontario Regulation 387/04. These water withdrawal...
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