While issues such as per- and polyfluoroalkyl substances and managing excess soils are often the topic of discussions at conferences and meetings, it’s still “routine” environmental compliance issues that get the attention of the public, as well as provincial and federal regulators.
Below we provide some recent environmental enforcement news, all of which are six-figure fines.
Almost a year to the date of the amendments to the RPRA program, the first fine was issued.
Six-Figure Recycling Violation
On July 1, 2023, the Blue Box program under the Ontario Resource Productivity and Recovery Authority (RPRA) was modified. This change made producers fully responsible for funding and operating the Blue Box recycling program (O.Reg. 391/21).
Under the Blue Box Regulation, the producers of the recyclable materials are required to register with RPRA, report data regarding how much material they supply, and meet their resource recovery requirements.
Products and packaging included in the Blue Box Regulation are those primarily composed of glass, flexible or rigid plastic, metal, paper, or a combination of these materials. The regulation includes a separate category for beverage containers.
Almost a year to the date of the amendments to the RPRA program, the first fine was issued. According to RPRA, on June 28, 2024, RPRA issued an Administrative Penalty Order to Casper Sleep Inc. for 1) failing to establish and operate a collection system for Blue Box materials in 2023 as required under s. 19 of O. Reg. 391/21 and 2) for failing to implement a promotion and education program in 2023, as required under s. 69 of the Blue Box Regulation.
The total penalty for both contraventions under the Blue Box Regulation is $340,457.04. The Order requires Casper Sleep Inc. to pay the full amount to RPRA within 30 days or appeal the order to the Ontario Land Tribunal within 15 days.
Erosion and Sediment Control
Ten Administrative Penalties related to deficiencies in erosion and sediment control totaled $590,000 for Coastal Gas Link (CGL).
The British Columbia Environmental Assessment Office (EAO) issued the penalties on September 11, 2024, for non-compliance with the requirements of its environmental assessment certificate.
Coastal Link was fined for issues related to sediment and erosion control identified during inspections in April and May 2023.
According to the Environmental Journal, the British Columbia EAO, “prioritized the CGL project for compliance monitoring, with nearly 100 inspections carried out along the pipeline construction route by air and ground since the project started in 2019. These inspections have led to the EAO issuing 59 warnings, 30 orders – including 13 stop-work orders – and, with these latest penalties, approximately $1.3 million in fines. Construction of the pipeline is now complete, however, the EAO will continue to actively monitor the project during the current reclamation work, to ensure it meets all requirements.”
Fuel Supply Company Fined $100,000
On August 15, 2024, “2253457 Ontario Inc.,” a fuel-supply company in Mississauga, Ontario, was fined $100,000. The company pleaded guilty to one offence under the Fisheries Act relating to the “unlawful deposit of diesel fuel into fish-bearing waters” between February 7 and March 5, 2019.
According to Environment and Climate Change Canada (ECCC), on February 8, 2019, ECCC enforcement officers responded to complaints relating to a diesel fuel spill in Etobicoke Creek. Officers conducted an inspection at the company’s diesel fuel station on Dixie Road in Mississauga, Ontario. During the inspection, officers observed diesel fuel entering Etobicoke Creek, a body of water frequented by fish.
Laboratory analysis of samples in Etobicoke Creek revealed that the samples contained diesel fuel. Enforcement officers determined that poor maintenance of the on-site oil-water separator led to a system failure, resulting in the discharge.
As a result of this conviction, the company’s name will be added to the Environmental Offenders Registry.
If you need assistance with an environmental permit, contact Christopher Paré, P.Geo., Q.P., at 519-948-7300, Ext. 114.
Dragun Corporation does not use artificial intelligence in drafting our blogs or any other material.
Alan Hahn drafted this blog. Alan has an undergraduate degree in Environmental Studies and completed a graduate program in Environmental Management. He has worked in environmental management for more than 45 years. He has written hundreds of blogs and articles. His published work includes HazMat Magazine, BizX Magazine, Michigan Lawyers Weekly, GreenStone Partners, Manure Manager Magazine, and Progressive Dairy.
Christopher Paré, P.Geo, reviewed this blog. Chris is a senior geoscientist and manager of Dragun’s Windsor, Ontario, office. Chris has more than 30 years of experience on projects ranging from environmental site assessments (Phase One/Two ESA), excess soils, remedial investigations, soil and groundwater remediation, Permits to Take Water, Records of Site Conditions, vapour intrusion, and site decommissioning. Chris is a frequent speaker, author, and expert witness. See Chris’ bio.
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