While we haven’t gathered long-term data or plotted any trends as it relates to environmental enforcement in the Province of Ontario, there seems to be an uptick in enforcement news. The fines are not like we saw earlier this year following an explosion or at the seven-figure level that my colleagues in our US office have seen (see our July 13th blog for our US office); however, any environmental enforcement is “bad news” and can create some public relation challenges.
With that said, here are some observations regarding enforcement in Ontario.
Fuel Spill and Delayed Cleanup
A company in Milton plead guilty for “failing to restore the natural environment after a diesel fuel spill.”
Following a vehicle collision, there was a spill of 700 litres of diesel fuel that went into a ditch, roadway, and cornfield. The Ministry of Environment and Climate Change (MOECC) notified the company that the spill must be cleaned up “immediately.” The company’s insurance provider hired a consultant to remediate the site.
According to the news release, the MOECC made several additional requests for the spill to be addressed, which eventually took place 22 days after the spill occurred.
The company was fined $7,500 plus a victim surcharge of $1,875.
While we don’t know the specifics of the delay, ignoring, or seemingly ignoring, cleanup obligations from a spill is a “sure-fired way” to get the wrong kind of attention.
Waste Disposal
A company director was fined $10,000 for “depositing demolition waste at a property which was not approved by the ministry as a waste disposal site…”
According to the news release, the director owns property in Middlesex Centre (near London) and agreed to accept construction and demolition debris at the site. A total of 120 tonnes of debris (including lumber, plaster, drywall, etc…) was deposited on the site.
When most people hear “environmental fine,” they associate it with “hazardous waste” or a “petroleum release.” However, as we pointed out in our April article in ESE magazine (“How will Ontario’s proposed excess soil management policy work?”), the MOECC has a much broader focus as it relates to environmental protection.
Unregistered Paint Booth
Finally, a company director plead guilty and was fined $8,000 for “using an automotive spray booth without registering the equipment on the Environmental Activity and Sector Registry…”
The MOECC conducted an inspection at the site when they discovered the unregistered automotive paint spray booth. Following the inspection, the matter was turned over to the Ministry’s Investigation and Enforcement Branch.
These violations and the others listed on the Ontario News Room webpage were not tricky “got ya” violations based on obscure regulations or questionable interpretations of the laws. They were fairly obvious violations that could have been avoided. Some of these oversights could have been circumvented simply by seeking some advice from an environmental advisory team – consultants and/or legal counsel. When in doubt, ask your team.
As always, please feel free to contact me (cpare@dragun.com) at 519-979-7300, ext. 114 if you have any questions about environmental issues.