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Published on: 17 Sep 2012 By (Dianne Saxe)

Do the innocent get compensation after MOE orders?

Cleaning up your neighbour’s mess: Recovery of spill clean-up costs by the innocent party. It is clear that any civilized system of law is bound to provide remedies for cases of what has been called unjust enrichment or unjust benefit, that is to prevent a man from retaining the money of or some benefit derived...

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Published on: 15 Jul 2013 By (Dianne Saxe)

Northstar/ Baker Order: Government doesn't have to explain its case

The Environmental Review Tribunal has ruled that the Director, Ministry of the Environment, doesn’t have to specify its basis for imposing personal liability, by order, on the former directors and officers of two Northstar companies (Baker v. Director), at least not now. Despite uncontradicted evidence that the individuals affected cannot understand what, if anything, they...

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Published on: 17 Jun 2011 By (Dianne Saxe)

New brownfield cleanup standards- what dates?

Under regulation 153/04, the benchmark for contaminated site cleanups in Ontario has, since  October 1, 2004, been the Soil, Ground Water and Sediment Standards for Use under Part XV.1 of the Environmental Protection Act,  March 9, 2004. This standard becomes obsolete July 1, 2011, when substantial amendments to the contaminated sites rules come into effect. Since...

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Published on: 24 Apr 2012 By (Dianne Saxe)

Easier approvals for renewable energy

The Ministry of the Environment (MOE) is proposing regulatory amendments to O.Reg. 359/09 under the Environmental Protection Act (EPA) and to Reg. 334 under the Environmental Assessment Act (EAA) to streamline the regulatory process for renewable energy projects as part of the response to the Feed-in-Tariff (FIT) review, and provide additional clarity. To encourage localized...

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Published on: 6 Mar 2013 By (Dianne Saxe)

$20,000 for breach ECA at wood recycler

Two Vaughan companies were fined $20,000, plus the 25% victim fine surcharge, for failing to comply with a ministry approval for their woodwaste processing and transfer site. Keele North Recycling Inc. operates a waste processing and transfer site located in Vaughan, owned by Keele North Recycling Holdings Inc. The companies failed to comply with a...

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Published on: 24 Dec 2010 By (Dianne Saxe)

Brownfields deadline looms

There are just a few days left for landowners who want to extend their right to finish existing cleanups using the “old” (2004) cleanup standards. As of July 1, 2011, stricter (2009) cleanup standards will come into effect under Ontario Reg. 153/04. Landowners can preserve the option to obtain a Record of Site Condition using...

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Published on: 15 Oct 2010 By (Dianne Saxe)

A rare jail sentence

Jail is a possible penalty for many environmental offences (see s. 187 of the Environmental Protection Act), but is rarely imposed. It is usually reserved for those defiantly causing serious pollution. On September 1, 2010, Pierre Sleiman was sentenced to 90 days in jail and fined $5,000 plus the 25% victim fine surcharge. In 2007,...

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Published on: 14 Apr 2011 By (Dianne Saxe)

Keeping septic systems working

Septic systems don’t run by themselves. They need regular inspections, cleaning and maintenance, or they break down and leak raw sewage. It is therefore somewhat amazing that only last summer was the Building Code (O. Reg 350/06) amended (by O. Reg. 315/10) to require such regular inspections and maintenance, at least in some “vulnerable areas”....

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