Canadian company fined $100,000 for contravening dry-cleaning regulations

Recently, Dalex Canada Inc., located in Concord, Ontario, pleaded guilty in the Ontario Court of Justice to one count of contravening the Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations made pursuant to the Canadian Environmental Protection Act, 1999.  Dalex Canada Inc. was fined $100,000, which will be directed to the Environmental Damages Fund.  The Environmental Damages Fund is administered by Environment and Climate Change Canada. Created in 1995, it provides a way to direct funds received as a result of fines, court orders, and voluntary payments to projects that will benefit our natural environment.

Dalex Headquarters, Concord, Ontario

Environment and Climate Change Canada enforcement officers conducted inspections in 2014 and identified instances where tetrachloroethylene was being sold to owners and operators of dry-cleaning facilities who did not meet regulatory standards.  As a result of Environment and Climate Change Canada’s subsequent investigation, Dalex Canada Inc. pleaded guilty to selling tetrachloroethylene to an owner or operator of a dry-cleaning facility who was not in compliance with the regulations.  The regulations prohibit anyone from selling tetrachloroethylene to dry cleaners unless the dry-cleaning facility is compliant with certain sections of the regulations.

In addition to the fine, the court ordered Dalex Canada Inc. to publish an article in an industry publication, subject to Environment and Climate Change Canada’s approval.  Dalex Canada Inc. is also required to notify Environment and Climate Change Canada before resuming sales of the regulated product to dry cleaners. As a result of this conviction, the company’s name will be added to the federal Environmental Offenders Registry.  The Environmental Offenders Registry contains information on convictions of corporations registered for offences committed under certain federal environmental laws.

Tetrachloroethylene, also known as PERC, enters the environment through the atmosphere, where it can damage plants and find its way into ground water.

Are North American Hazmat Truckloads Safe?

This past summer, commercial motor vehicle enforcement personnel in Canada and the United States conducted more than 62,000 driver and vehicle safety inspections on large trucks and buses during the Commercial Vehicle Safety Alliance’s (CVSA) 30th annual International Roadcheck.  19.4 percent of commercial motor vehicles inspected (Level I, II or III Inspections) were placed out of service.  4.7 percent of all drivers inspected (Level I, II, and III Inspections) were placed out of service.  7,713 inspections were conducted in Canada; 54,300 were conducted in the United States.

International Roadcheck is a three-day enforcement event when CVSA-certified inspectors conduct high-volume, large-scale, high-visibility roadside inspections of large trucks and buses. Commercial motor vehicles and their drivers were checked at inspection sites, weigh stations and roving patrol locations along roadways in North America throughout the 72-hour enforcement initiative.

Of the 2,267 vehicles carrying hazardous materials/dangerous goods that received a Level I Inspection, 12.8 percent were placed out of service for vehicle-related violations.  The top three vehicle violations related to the transportation of hazardous materials/dangerous goods were for loading and securement (40.4 percent of all out-of-service hazardous materials/dangerous goods violations), shipping papers (22.7 percent) and placarding (20.8 percent).

Hazardous Materials Transportation Placards on rear of a Fuel Tanker

Of the drivers inspected that were carrying hazmat loads, 1.9 percent were placed out of service for driver-related violations.  The top three driver-related violations were for hours of service (32.3 percent of driver out-of-service violations), wrong class license (14.9 percent) and false log book (11.3 percent).

Each year, International Roadcheck places special emphasis on a category of violations. This year’s focus was cargo securement. While checking for compliance with safe cargo securement regulations is always part of roadside inspections, CVSA highlighted proper cargo securement this year as a reminder of its importance. Cargo securement violations (not including hazardous materials/dangerous goods loading/securement) represented 15.7 percent of all vehicles out of service violations during 2017 International Roadcheck.

 

Labrador Dump to be converted to Wetland

As reported by the CBC, The Canadian Department of National Defence is cleaning up an old dump in Happy Valley-Goose Bay, Newfoundland and Labrador.

Crews are working to clean up the old dump used by the 5 Wing Goose Bay base, and will be creating an engineered wetland to filter out potential contaminants in the soil.

Happy Valley-Goose Bay is a town of 8,000 people in the located in in the central part of Labrador on the coast of Lake Melville and the Grand River, near the North Atlantic Ocean.

This kind of wetland differs from others that focus on preserving at-risk species of ducks and waterfowl, says Lori Whalen, contaminated sites manager with the Department of National Defence.

“An engineered wetland is a passive designed wetland that is meant to be part of a remedial system, so it’s actually acting like a filter,” she said.

Lori Whalen, contaminated sites manager with the Department of National Defence (Photo Credit: Gary Moore/CBC)

The site was used as the main dump for 5 Wing Goose Bay, and Whalen said the pollution is mainly a legacy of the American Air Force when they used the base in the mid- to late 1900s.

At that time, Whalen said, there were not environmental regulations in place to ensure things were disposed of properly.

“We have material from domestic waste, construction debris, barrels that would have contained fuels and lubricating materials, even vehicles … that were just thrown over the bank,” Whalen said.

The Goose Bay Remediation Program has a $13.5-million cost and is part of a larger federal government program to clean up contaminated sites around Canada.

A majority of the work will be done this summer, National Defence said, and while it continues, people are being asked to steer clear of the site.

Whalen said this project should help ease concerns in the community over the years that pollution from the base could be affecting the water.

“The extensive sampling programs that we’ve done over the past 20 years points out that drinking water is safe for consumption,” Whalen said.

“The surface water that’s flowing through the culverts off site is below the appropriate criteria and we haven’t seen any issues in the ground water as well.”

Aerial view of the Goose Bay remediation project

Meanwhile, people in the community like John Hickey, who has been pushing for the base’s cleanup since he was mayor in the early 2000s, said there’s plenty more to be done.

“When it comes to the environment, we’ll never be satisfied,” said Hickey, who was also an MHA for the area.

“We have to ensure now that, while this work is being done, other work that needs to be done is identified and is cleaned up.”

But Hickey said he is happy to see this site getting the attention it deserves.

“This is going to be, I think, a very nice place when it’s finished and completed,” Hickey said.

“I think you’ll see a lot of waterfowl and things moving in to the area, which is all good for our community.”

Former B.C. Environment Minister Sued for Shutting Contaminated Soil Landfill

As reported in the Vancouver Sun, The owner of a Shawnigan Lake quarry that was used as a landfill for contaminated soil is suing the provincial government and the former minister who ordered it shut down.

Cobble Hill Holdings Ltd. recently filed suit in B.C. Supreme Court against the Province of British Columbia and Mary Polak, who was the B.C. Liberal environment minister and is still the MLA for Langley.

(Image: Shawnigan Lake, Canada. 6 Dec 2015. The containment system currently employed at the
SIA/SIRM Contaminated-Soil dumpsite, designed to prevent contaminants from travelling
into the Shawnigan Lake watershed. c Laura Colpitts)

The company said it is seeking general damages, special damages, aggravated damages, punitive damages, special costs and any other relief as the court “may deem fit to grant.” No amounts were specified other than “to be assessed.”

No statement of defence has been filed, either by Polak or the province.

In February 2017, while still environment minister, Polak cancelled the permit that allowed Cobble Hill Holdings to receive and store contaminated soil at its former rock quarry upstream of Shawnigan Lake.

Polak said the company had failed to meet a government deadline for an irrevocable letter of credit that would serve as a financial security.

In its suit, Cobble Hill Holdings says the government had not specified any form or amount for that credit, and had not approved the plans that would have been the basis of the financial guarantee.

The company’s operating permit, issued in 2013, had been suspended in January when the Environment Ministry asked for the financial security as well as a closure plan, including a cost estimate, and water management review reports.

Cobble Hill Holdings said it submitted updated plans to the ministry for approval on Feb. 20. Three days later, its permit was cancelled.

As a result, the suit says, the land is contaminated and Cobble Hill Holdings has suffered financial damages.

Cobble Hill Holdings had decided to lease the lands to South Island Resource Management and notified the ministry that that company would be the primary operator of the permit, the suit says.

Cancellation of the permit resulted in the termination of the lease, which had required South Island Resource Management to pay Cobble Hill Holdings $50,000 a month.

The permit issued in 2013 allowed Cobble Hill Holdings to receive and store up to 100,000 tonnes of contaminated soil a year at its quarry.

It was upheld by the Environmental Appeal Board in 2015, but faced multiple court challenges before it was cancelled in February.

Much of the contaminated soil was from construction sites in Greater Victoria.

Shawnigan Lake residents expressed concern about contaminants leaching into their water supply, and packed open houses to voice opposition.

Demonstrators at the landfill were arrested for blocking trucks delivering the soil. They also went to the legislature to complain to the government.

Polak said repeatedly that the issue was a matter between the company, Environment Ministry technicians and the courts.

When the permit was cancelled in February, the government stressed the decision had nothing to do with any pollution detected or any legal issue being contended.

“To be clear, the permit was not cancelled due to pollution occurring, nor was it directly related to anything before the courts,” the Environment Ministry said in a statement.

“The decision was made on the principle of escalating enforcement and repeated failure by the company to meet deadlines and comply with permit requirements.”

BC Ministry of the Environment – New Draft Analytical Methods Posted for Review

New draft analytical methods listed below, were developed by the B.C. Environment Ministry with the assistance of the British Columbia Environmental Laboratory Technical Advisory Committee (BCELTAC).  They were recently posted for review and comment to the ministry’s Sampling, Methods & Quality Assurance webpage, BC Environmental Laboratory Manual, “Methods Posted for Review”.

  1. Liquid-Solid Partitioning (Leachability) of VOCs – Prescriptive
  2. Asbestos in Water by Transmission Electron Microscopy (TEM) – Prescriptive
  3. Perfluorinated Alkyl Acids (PFAA) in Soils by LC/MS/MS – PBM
  4. Perfluorinated Alkyl Acids (PFAA) in Water by LC/MS/MS – PBM

The majority of these new draft methods have been developed in support of the Stage 10 (Omnibus) amendment to the B.C. Contaminated Sites Regulation.

The B.C. Ministry of the Environment is asking for comments on the new methods by September 5, 2017.  Comments can be sent to Joyce Austin, Senior Provincial Laboratory Specialist, Knowledge Management Branch at Joyce.Austin@gov.bc.ca.

Technical questions regarding the proposed new method should be directed to: Mark Hugdahl (BCELTAC Chair) at Mark.Hugdahl@alsglobal.com.

 

CHAR Technologies Ltd. Announces Approval of $1 Million Grant

CHAR Technologies Ltd. (the “CHAR”) (YES – TSXV) is pleased to announce that it has been approved for a grant totalling $1 million provided by the Government of Ontario through the Ontario Centres of Excellence (“OCE”). The grant is in support of CHAR’s current SulfaCHAR production project, which has previously received funding and support from both Sustainable Development Technology Canada (“SDTC”) and the Canadian Gas Association (“CGA”).

“This grant will allow CHAR to both redeploy financial resources currently committed to the SulfaCHAR project, while at the same time will allow CHAR to expand the scope of the project,” said Andrew White, CEO of CHAR. “The funding recognizes the carbon-related benefits of the project, and will allow CHAR to more rapidly execute on the production and use of SulfaCHAR.”

Funding will be disbursed on completion of three milestones. CHAR has received initial funding of $237,759, and will receive three additional payments on milestone and project completion.

About CHAR
CHAR is in the business of producing a proprietary activated charcoal like material (“SulfaCHAR”), which can be used to removed hydrogen sulfide from various gas streams (focusing on methane-rich and odorous air). The SulfaCHAR, once used for the gas cleaning application, has further use as a sulfur-enriched biochar for agricultural purposes (saleable soil amendment product).

About OCE
Ontario Centres of Excellence (OCE) drives the commercialization of cutting-edge research across key market sectors to build the economy of tomorrow and secure Ontario’s global competitiveness. In doing this, OCE fosters the training and development of the next generation of innovators and entrepreneurs and is a key partner with Ontario’s industry, universities, colleges, research hospitals, investors and governments. OCE is a key partner in delivering Ontario’s Innovation Agenda as a member of the province’s Ontario Network of Entrepreneurs (ONE). Funded by the Government of Ontario, the ONE is made up of regional and sector-focused organizations and helps Ontario-based entrepreneurs rapidly grow their company and create jobs.

Have you “PRIMED” Your First Responders?

By Grant Coffey

 

Regardless of your occupational specialty – environmental professional, facility safety expert, military or first responder – YOU’VE BEEN THERE.  Yeah, you’ve been at that incident where the hair stood up on the back of your neck.  The one where you thanked fate it was just a “close call” and nothing more.  What are you doing within your organization to learn from these incidents?  How are you equipping your personnel with critical tools to respond more effectively and safely?  More critically, what training are you giving them to utilize the most important tool –their BRAIN?

Chemical, biological, radiological, nuclear and explosives (CBRNE) emergencies can be huge, overwhelming, complicated and full of unknowns.  Since we can’t have a specific SOP for every event, it’s common for the responder to regress under stress.  In many cases, that means retreating from what we know best.  Often, this yields disorganized, unsuccessful outcomes.  Same bad habits –same failed results.  Experience is critical, but it must adapt to tested street truths.

It is critical that we not only learn from our past incidents, but from each other. FLIR Systems recently introduced FLIR PRIMED – a one-stop resource for response professionals.  FLIR PRIMED strives to deliver informative and useable information in the form of a video-series that includes techniques, tools, and checklists based on best practices.  What does PRIMED stand for?

  • Prepare – Much of the battle is fought before you arrive on the scene of an emergency. Are you training your personnel for success? Use tested truth and then practice, review, modify and do it again…until it becomes a HABIT.
  • Recognize –All events have certain patterns. Early recognition of the “Big Picture” is acritical step. Utilizing available systems and tools helps us to avoid command “vapor lock” or overload confusion.
  • Input –Some decisions can be made initially, but the use of field checklists can assist in the orderly and thorough analysis of available on-scene “Cues and Clues.” You might not be able to identify a specific threat, but thegoal should be tosee it within a family of possibilities and rule out what it’s not.  I call the later “RIO” orRule it Out.
  • Monitor – Monitors are often used as presumptive tools. They should be seen as part of the total picture. They are important, but your brain is the best tool.
  • Experience –Experience is a double-edged sword. If it’s not nurtured and updated by improved response effectiveness, it can reinforce bad habits that lock us into a pattern of mistakes. Decision –Successful decision-making requires good information and competent use of available tools and equipment.  But make no mistake; decisions are ultimately made by humans -not equipment or procedures.

A CBRNE event can overwhelm the response equation.  Although the chemistry and physics of such events are relatively unchanging and predictable, the human aspect isn’t.  However, predictable patterns or outcomes still exist in emergencies.  If we couple this with a keen sense of our personnel, we can utilize those markers to improve response effectiveness.  Here are some “next step” ideas you can implement to improve your safety and effectiveness during a Hazmat or CBRNE response:

  • Instill a “Learning Attitude” with those personnel likely be the first to respond. Make it a daily event.  Learn tips from others or through resources like FLIR PRIMED.
  • Utilize your Hazmat Technicians to develop and deliver lessons, strengthening the bond of trust between your experts and the first responders. Because CBRNE events are atypical and infrequent, training must take place more often.  It should also highlight the mastery of concepts like, “turn it on and put it on.”  Personal Radiation Detection (PRD) equipment is vital at a rad scene.  Equip your first responders with good decision-making tools and education.
  • Integrate with allied agencies NOW, not later. Effective coordination between multiple agencies at CBRNE incidents is critical, but often overlooked and can be the Achilles heel.
  • Assemble your own field gu ides and checklists. These tools can help the IC avoid overload and assist them with important decision points. Don’t have any?  Start with some FLIR PRIMED downloads and modify them as needed.
  • Keep it simple! Use easily-remembered mantras like: “The 3 Cs” –Chemical, Container, Context. If you don’t, they won’t use them when pressured.  The threat is there.  Good tools are available.  One of them is FLIR PRIMED.  The video series delivers cutting-edge education and decision skills you can use right now.  Each episode concludes with a downloadable field guide or checklist.  Check it out today a flir.com/primed.

 

About the Author

Grant Coffey is a retired Portland Fire & Rescue Hazmat Team Coordinator, College Fire Science Instructor, and  CBRNE expert of nearly 40 years. He trains Fire, Police, Military and industry Hazmat Responders. He has NFPA certifications for Radiation Specialist and is a State of Oregon Radiation Safety Officer. He is also a Hazmat Specialist and Incident Safety officer and has experience in Emergency Manage ment and various other CBRNE Hazmat disciplines.

Fine for Illegal Storage of PCBs

Recently in a Quebec court, Mr. Isaac Gelber pleaded guilty to three charges related to the illegal use/storage of PCBs and he was fined $25,500 under the Canadian Environmental Protection Act, 1999.

The investigation, led by Environment and Climate Change Canada, showed that Mr. Isaac Gelber had committed several violations to the Act, namely:

  • Using transformers containing polychlorinated biphenyls (PCBs) thereby violating the PCB Regulations;
  • Failing to comply with the environmental protection compliance order, issued by an officer in January 2013, to dispose of three (3) transformers containing more than 500 mg/kg of PCBs
  • Knowingly making false or misleading statements

Polychlorinated biphenyls (PCBs) used to be very popular in a wide range of industrial and electrical applications. They were excellent fire resistant coolants and insulating fluids in transformers, capacitors, cables, light ballasts, bridge bearings, and magnets, among many other things.  Unfortunately, they turned out to be persistent and toxic to humans and the environment. PCBs can:

  • Travel long distances and deposit far away from their sources of release
  • Accumulate in the fatty tissues of living organisms
  • Cause complications like cancer and birth defects
  • Potentially disrupt immune and reproductive systems and even diminish intelligence.

Amended PCB Regulations under the Canadian Environmental Protection Act, 1999 (CEPA), came into force on September 5, 2008. The new regulations set phase out dates for in –use PCB equipment, as well as rigorous labelling and reporting requirements.  They also require prompt and proper disposal of PCB equipment, once it is no longer in active use.

The Department of Environment and Climate Change enforcement officers conduct inspections and investigations under the Canadian Environmental Protection Act, 1999.  They ensure that regulated organizations and individuals are in compliance with environmental legislation.

 

CN sued by Mattagami First Nation over oil spills

As reported in Timmins Today, the Mattagami First Nation, a northern Ontario Indigenous community, is suing CN Rail for alleged environmental and cultural damage caused by two 2015 derailments that led to significant oil spills.

The Mattagami First Nation alleges in its statement of claim that the spills near Gogama, Ont., damaged the local environment and surrounding waterways.

The $30 million suit alleges that the damage, in turn, has created health risks for the population and crippled community members’ ability to observe their Indigenous traditions including fishing, hunting and gathering.

It says the two oil spills, which took place in February and March 2015, collectively poured millions of litres of oil into the area around Gogama, which is about 200 kilometres north of Sudbury, Ont.

Transportation Safety Board inspectors assess the site and the damaged cars in the train derailment near Gogama, Ont. (TSB)

CN declined to comment on the filing, adding it is committed to cleaning up environmental damage caused by the derailments.

Mattagami’s allegations have not been proven in court.

The First Nation claimed the 2015 spills impacted many facets of life for community members.

“Mattagami First Nation members have suffered stress, distress, anxiety and worry as a result of the contamination of the land, waters, plants and animals on which they rely,” reads the First Nation’s statement of claim, which was filed in March but served to CN on Monday.

The suit alleges negligence from CN and claims the rail company breached its standard of care when conducting operations ranging from track maintenance to staff training. It also alleges CN has created a corporate culture that valued speed over safety.

Alberta Proposing to allow Cities to Tax Vacant Brownfields

The Alberta Government recently released proposed changes to the Alberta Municipal Act that, if enacted, would allow for municipalities to tax vacant non-residential property at a higher rate than occupied properties.  The proposal is viewed as a means to spur the development of brownfield properties.

As reported in the Calgary Sun, Edmonton city council is behind the proposal, citing concerns that empty commercial buildings bring down a neighbourhood.  Municipal councillors in Calgary are split on the proposal.

Evan Woolley, a Calgary Councillor, was quoted in the Calgary Sun saying, “I have no interest in raising a new tax on property that can’t be developed. We already know how much property is vacant downtown and raising taxes will only make things worse.”

Calgary Ward 7 councillor Druh Farrell disagrees with her colleague, arguing that raising taxes on business owners who are bringing down the property values for the rest of the community can be an effective way to encourage them to either use the land, or sell it to someone who will.  “We see contaminated sites in high profiles areas, particularly with old gas stations. There’s no incentive to develop it and if it was taxed on highest and best use that would encourage the owner to actually make the most out of it instead of keeping it there as an eyesore,” said Farrell in the Calgary Sun.

Farrell emphasizes that even if the province gives the city power, they won’t necessarily use it, but it’ll be another tool the city can access if they want.

The province hopes to have the amendments come into force prior to October’s municipal election.

The abandoned Eamon’s Camp land in Calgary, Alberta on January 12, 2012. (Photo Credit: Leah Hennel, Calgary Herald)