Abitibi wins, Newfoundland cleanup order unenforceable after insolvency
Provincial governments must do more to ensure that cleanup costs are provided by financial assurance during the active life of a business, and not rely on getting innocent third parties to pay for cleanups after the fact.
View the post titled Abitibi wins, Newfoundland cleanup order unenforceable after insolvencyLiability insurer need not pay for voluntary delineation and cleanup
According to Ontario’s Court of Appeal, General Electric Canada (GE) can’t make its liability insurer pay for the delineation and cleanup of a former GE property contaminated with trichloroethylene (“TCE”), because it voluntarily complied with a Ministry of the Environment …
View the post titled Liability insurer need not pay for voluntary delineation and cleanupKawartha Lakes to seek leave to appeal
The City of Kawartha Lakes has given notice that it will seek leave to appeal the Divisional Court’s decision, which upheld an MOE order against it. The Order required Kawartha Lakes, the victim of a third party oil spill, to pay for the cleanup of that spill on public property. This i…
View the post titled Kawartha Lakes to seek leave to appealBizarre rules on Record of Site Condition
Here’s another bizarre rule about Records of Site Condition for contaminated sites where land-uses change:
View the post titled Bizarre rules on Record of Site ConditionDrinking water and "contamination"
Eric Hood of Golder Associates Ltd. notes that municipal drinking water often doesn’t meet Ontario’s contaminated site cleanup standards, with potentially serious consequences for cleanups:
View the post titled Drinking water and "contamination"Polluter must pay for cleanup, twice
It’s not safe for a polluter to trust a subsequent owner to clean up contamination, even if the polluter has specifically paid for the cleanup, and even if the new owner signs a contract relieving the original polluter of liability. None of this will prevent environmental regulators from ord…
View the post titled Polluter must pay for cleanup, twiceNew 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 subs…
View the post titled New brownfield cleanup standards- what dates?PCB Cleanup Dispute goes to the CEC
Bennett Environmental has filed a complaint with the Commission on Environmental Cooperation, alleging that Canada, and more specifically the province of Québec, is failing to effectively enforce Québec’s Environment Quality Act (EQA) and the Regulation Respecting the Burial of Contami…
View the post titled PCB Cleanup Dispute goes to the CECBrownfields 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 op…
View the post titled Brownfields deadline loomsThe dirty side of "clean fill"
Consumers and businesses frequently purchase or accept “clean fill” for use on their properties, without requiring environmental testing. But if the fill is contaminated, the ultimate costs can be very high.
View the post titled The dirty side of "clean fill"Receive Blog Posts
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