Environmental compliance is never a “done deal.” We must be diligent about ongoing obligations as well as potential and actual regulatory changes. The unfortunate consequence of non-compliance can, at times, lead to enforcement activity. And in the first couple of months of 2018, we have seen several enforcement cases (Provincial and Federal) reach a conclusion. Here is a look at some of the enforcement activity thus far in 2018.
Discharge to Water Leads to Environmental Violation
A Ruthven, Ontario, food manufacturing company was fined $230,000.00. On January 17, 2018, the Ministry of Environment and Climate Change (MOECC) stated that Sun-Brite Food, Inc. was guilty of, “…permitting the discharge of process water into the Melville Bruner Drain extension, which may have impaired the quality of the water, failing to notify the ministry, and failing to comply with the terms of a ministry issued Amended Environmental Compliance Approval (ECA).” There was also a victim surcharge of $57,500.00 As we understand, the “trigger” for the MOECC inspection was complaints from neighbors who noticed a sewer odour.
Regulators have said in the past that there are two very common “prompts” for an inspection: complaints by neighbours and complaints by disgruntled employees. So whatever plans you have for ongoing compliance, make sure it also includes a good communication plan.
Routine Inspection Uncovers Violations
According to news reports, violations from a mining company were uncovered via “routine inspections.” As in the case above, this violation was associated with a discharge to surface waters. Environment and Climate Change Canada (ECCC) stated, “On January 12, 2018, Barkerville Gold Mines Ltd. was ordered to pay $200,000.00 after pleading guilty, in the Provincial Court of British Columbia, to violations under the Fisheries Act related to the Metal Mining Effluent Regulations. The penalty will be paid to the Environmental Damages Fund.”
The discharge will result in the company’s name being added to the Environmental Offenders Registry.
Petroleum Company Fined
A petroleum company will pay $235,000.00 for a violation related to water. In this instance, the company stored fluids associated with hydraulic fracturing in above-ground tanks. According to the ECCC, “An investigation by Environment and Climate Change Canada enforcement officers revealed that, between March and April 2013, 14 deceased migratory birds were observed on the surface of an above-ground containment tank located north of Fort St. John, British Columbia.” The fine, which was announced on January 24, 2018, was under the Migratory Birds Convention Act, 1994.
Environmental Fine Associated with Lac-Mégantic Tragedy
The July 6, 2013, tragic Lac-Mégantic derailment case was back in the news. This time it was for the environmental violations. As you may recall, the 60-plus derailed tank car disaster left 47 people dead.
It was stated in the February 9, 2018, announcement by the ECCC that Montreal, Maine and Atlantic Canada Co. was fined $1,000,000.00, an amount that will be directed to the Environmental Damages Fund. The funds will be used to support projects focused on the Mégantic Lake and the Chaudière River, waters which were directly impacted by the spill of crude oil. They, too, had their names added to the Environmental Offenders Registry.
We’ll continue to keep you posted on environmental regulatory developments in our newsletters. You can sign up to receive our monthly newsletter on the right side of this page.
If you need assistance with an environmental issue (compliance, assessment, remediation, etc.), please feel free to contact me at 519-979-4500, ext. 114.