Earlier this year, the Ontario Ministry of Environment and Climate Change (MOECC) fined a subcontractor $600,000 for the discharge of “sediment-laden water” into nearby streams, for not reporting the discharge, and for failing to employ the best management practices.
According to the news release, a stormwater and erosion prevention plan was submitted for review and approved by the MOECC. It is noteworthy that the main contractor was exonerated because it was specifically outlined in the contract that the subcontractor was responsible for the stormwater and sediment control issues. This plan was in place to prevent a discharge; however, based on reports, this plan was not followed.
The MOECC inspected the site as the result of a complaint they received. The inspection brought about an order to comply and a subsequent inspection. The subsequent inspection brought about the notice of violation, proceedings, and a fine as an end result.
In the end, the company was convicted of a total of three offences, was fined $600,000 plus a victim fine surcharge of $150,000, and was given 30 days to pay the fine.
These are, obviously, avoidable mistakes. Environmental plans, like all other plans, are only plans and are only effective when they are properly implemented.
Communication
We don’t know the specifics behind the violations, but often times it’s a communication issue that leads to violations. Communication is challenging; environmental communications are even more challenging. There are entire disciplines focused on communicating environmental risks (internally and externally).
Additionally, as noted above, as is often the case when there are environmental violations, the “trigger” for the inspection was an unhappy neighbor who notified the regulators. The other common way regulators find out about a potential violation is an unhappy employee. Both of these can be mitigated through good communications.
Protecting Your Interests on Projects
Communicating the environmental obligations to contractors is a role Dragun often assumes on projects. This can include making sure all permits are “in order” and followed, managing the disposal of contaminated soil and groundwater, developing management plans for excess soil, and documenting all activity.
If you need “eyes and ears” on a site to safeguard your best interests, contact me or Chris Paré at 519-979-7300.