It’s that time of year again, time to make some resolutions for the New Year. Here are some potential environmental resolutions for you to consider as you begin to plan your 2015.
Resolve to Reassess Long-Term Remediation
We begin here because, for many companies, this can be a major expense and headache. The operations and maintenance on your groundwater remediation system and the quarterly or semi-annual monitoring costs add up pretty fast.
A good starting point is to have a meeting with your consultant and ask them for an update on when they think the groundwater remediation will be done. If you are not comfortable with the response, or if it appears you are not making any headway, you may want to ask another consultant to peer review the performance of the remediation program. If you don’t have another consultant, get a referral from someone in a trade group or your legal counsel. Certainly, one of our senior remediation specialists would be happy to review the performance of your existing remediation program. But the main point is, get another opinion in 2015 so you can feel comfortable that you are not setting aside another annual budget for a “perpetual” remediation project.
Resolve to Obtain Discharge Permits
By law, a business must have an environmental approval or registration from the Ministry of the Environment and Climate Change if it releases pollutants into the air, land, or water or stores, transports, or disposes waste.
Recall that on October 31, 2011, the Ontario Ministry of Environment and Climate Change (MOECC) changed the environmental discharge permitting process. The original Certificate of Approvals (CofA) process is now the Environmental Activity & Sector Registry (EASR) and Environmental Compliance Approval (ECA).
Remember, the bar is pretty low for requiring a permit. According to the MOECC, “If a business’s activities impact the natural environment, that business needs approval from the Ministry of the Environment (and Climate Change) to operate legally in Ontario.” The basic rule is if you currently discharge, or are going to discharge, a “pollutant” to the environment, you need a permit. If you are contemplating adding a new “process” or “modification” to an existing process, your ECA needs to be re-evaluated.
Resolve to Complete Your Toxics Substance Reduction Plan
The deadlines for Toxics Substance Reduction Plans (TSRP) have come and gone. However, there are still many companies that have not completed their TSRPs or, perhaps, were not aware of the requirement.
The MOECC has recently gone “door-to-door” to step up compliance efforts. Earlier in 2014, the Minister’s Report on Toxics Reduction stated, “…an important factor in determining compliance involves identifying regulated facilities. This is achieved by reviewing historical facility and discharge data from the federal government’s National Pollutant Release Inventory for the manufacturing and mineral processing sectors.”
If you are not sure if you need a TSRP, or if you want to learn more, see our blog from last fall.
Resolve to Make Sure New Substances Are on the DSL
If you are expanding your operations, adding a new product line, or doing anything that will involve new chemical substances, make sure you check the Domestic Substance List. According to Environment Canada, “It is crucial that notifiers determine whether the substance to be imported into or manufactured in Canada is listed on the DSL or on the Non-domestic Substances List (NDSL).” If the substance in your new process does not appear on the DSL, it is considered to be new to Canada and is subject to notification.
To learn more about the Domestic Substance list and Chemicals Management Plan, see our October 23rd blog.
Resolve to Closely Watch Emerging Issues.
Anyone who has been involved in the environmental business for more than five minutes knows that it is dynamic. Scientific information is refined, regulations change, and court cases can establish precedents. Make sure you are getting updates on these changes so you are not caught off guard and/or needlessly penalized.
If you have any questions about any of the topics mentioned, please contact me (cpare@dragun.com) at 519-979-7300, ext. 114, and I will put you in touch with one of our senior advisors.
Wishing you well in 2015!