Federal contaminated sites
In the 2012 Spring Report of the Commissioner of the Environment and Sustainable Development, the Commissioner focuses on the relationship between economic growth and environmental protection, the continuing debate often misdescribed as “jobs versus the environment.” He again concludes that…
View the post titled Federal contaminated sitesMine or hauler: Who's responsible for Waste PCB Oil?
In Enviro West Inc. v. Copper Mountain Mining Corp. a waste hauler was hired to remove waste oil from a transformer at a mine. Despite several oral and written warnings, the hauler didn’t realize the oil was heavily contaminated with PCBs. As a result, the hauler mixed the PCBs with ot…
View the post titled Mine or hauler: Who's responsible for Waste PCB Oil?Jail for victim of vandalism?
1197338 Ontario Inc. was fined $150,000 plus the 25% Victim Fine Surcharge for failing to comply with a Director’s Order to clean up a spill of PCBs; its president, Lawrence Brander was sentenced to 30 days in jail for the same offence. But why did the spill occur?
View the post titled Jail for victim of vandalism?Expropriating contaminated land
When a municipality expropriates contaminated land, can it deduct the full cost of remediating the contamination from the amount paid to the reluctant seller? Surprisingly, the answer is still not clear.
View the post titled Expropriating contaminated landUS Fracking lawsuits
Fracking lawsuits are spreading across the US. The first cases were launched in Pennsylvania in 2009, claiming damages for contamination of the aquifers on which the plaintiffs depend. Since then, other cases have been launched by dozens of property owners in Pennsylvania, Texas, Arkansas, C…
View the post titled US Fracking lawsuitsRoundup pesticides to have special review
West Coast Environmental and Josette Wier have obtained a court order requiring Health Canada to conduct a special review of one use of common glyphosate-based pesticides (such as Roundup) mixed with an ingredient known as POEA. There is conflicting evidence about the toxicity of the mixture…
View the post titled Roundup pesticides to have special reviewGuidance re surplus construction soil
Looking for some good precedents on careful management of surplus soil from construction sites? The European Union Waste Framework Directive (Directive 2008/98 EC) requires that all surplus soil from all construction sites be treated as waste, whether contaminated or not, but several jurisdi…
View the post titled Guidance re surplus construction soilWhat's the right brownfields regulation?
Many consultants are confused about the correct way to refer to the Ontario regulation on contaminated sites and records of site condition. As one wrote,
View the post titled What's the right brownfields regulation?Guidance for Environmental Site Assessments
Now that Reg. 153/04 sets strict new standards for Environmental Site Assessments of contaminated sites, it is good news that the Ministry of the Environment has finally released its guidance document for performing those ESAs. Although the new rules are only mandatory when seeking a Record…
View the post titled Guidance for Environmental Site AssessmentsNew 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?Receive Blog Posts
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