PF Résolu Canada Inc. is fined $100,000 for Environmental Offence

PF Résolu Canada Inc., a North American company in the forest products industry, was recently fined $100,000 after pleading guilty to violating subsection 36(3) of the Canadian Fisheries Act.

The investigation, led by Environment and Climate Change Canada, revealed that PF Résolu Canada Inc. had committed a violation to the Act, namely the deposit of a deleterious substance in waters frequented by fish.  The amount of the fine will be directed to the Environmental Damages Fund.

The deposit of a deleterious substance was into Comeau Creek situated in North Shore of Baie Comeau.  PF Résolu Canada Inc.’s Baie Comeau newsprint mill is located on the creek.

PF Résolu Canada Inc., also known as Resolute Forest Products (RFP), is a global leader in the forest products industry with a diverse range of products, including market pulp, tissue, wood products, newsprint and specialty papers, which are marketed in over 70 countries.

The company owns or operates some 40 manufacturing facilities, as well as power generation assets, in the United States and Canada.

Resolute has third-party certified 100% of its managed woodlands to internationally recognized sustainable forest management standards.  Resolute has received regional, North American and global recognition for its leadership in corporate social responsibility and sustainable development, as well as for its business practices.

On the environmental management section of the company website, RFP states that in 2016, t 29 environmental incidents were recorded across the company.  The company states that it will continue to work toward a long-term goal of zero incidents. The 2017 target the company set for itself is 38 incidents or less.

In its financial statements, the company is required to record accidental releases of hazardous substances significant enough to risk damage to human and environmental health, or that have potential liability and reputational consequences. Between 2012 and 2016, Resolute recorded no such incidents. The company is also required to disclose in our published financial statements any fines of material significance for non-compliance with environmental laws and regulations, none of which were reported between 2012 and 2016.

The Baie-Comeau facility produces newsprint at a capacity of 319,000 tonnes per year.  There are 216 employees at the facility.

 

New spill rules tag transport companies with response, recovery costs in B.C.

As reported by Dirk Meissner of the Canadian Press, the Government of British Columbia has introduced pollution prevention regulations to hold transport companies moving petroleum products across the province responsible for the costs of responding to and cleaning up spills.

Environment Minister George Heyman said recently that the new regulations will take affect at the end of October and apply to pipeline, railway and truck company owners and transporters moving more than 10,000 litres of liquid petroleum products.

The rules increase responsibility, transparency and accountability for operators who transport potentially dangerous products through B.C., he said.

“I would hope that business doesn’t believe that individual members of the public through their tax dollars should be responsible for cleaning up spills they incur in the course of doing business and making a profit.”

The aim of the new rules is to prevent spill sites from being left contaminated for months and sometimes years, Heyman said, noting companies will be required to submit spill response and recovery plans ahead of moving their products.

“Most people subscribe to the polluter pay principle,” he said. “These regulations also require that spill contingency plans be put into place and that recovery plans and reporting plans be implemented in the case of a spill. That’s just reasonable.”

CN Rail said in a statement that it continues to work with the B.C. government and its industry partners on emergency response and preparation plans. The railway transports oil and numerous other products, including grain, across B.C.

“Emergency and spill response preparation and training is an important part of our business,” the statement said. “CN has in place emergency response plans and conducts spill and emergency response training with stakeholders across our network.”

The B.C. Trucking Association said in a statement that it supports the province’s new rules.

“We have been actively engaged in working with the government on the development of these regulations because the safety of our drivers, the public and the environment is our number one priority,” the statement said.

New pollution prevention regulations will hold transport companies and pipeline operators moving petroleum products across British Columbia responsible for spill response and recovery costs. A pipeline at the Westridge Marine Terminal in Burnaby, with an oil tanker in dock on Burrard Inlet.

Last spring, the previous Liberal government amended the Environmental Management Act to include some of the new regulations, but Heyman said he further tweaked the polluter pay regulations to ensure annual public reporting by the government.

He said he also shortened the deadline for operators to put their spill contingency plans in place to one year for trucking companies and six months for railways and pipelines.

The new rules do not apply to marine vessels carrying petroleum products along the B.C. coastline.

“Marine spills are regulated by the federal government but there is some jurisdiction for the province if a marine spill ends up washing onto the shoreline of B.C.’s jurisdiction or the seabed,” Heyman said.

The province is developing a strengthened marine response and recovery program that complements federal spill regulations, he added.

The new regulations come on the one-year anniversary of a fuel spill off B.C.’s central coast, where a tug sank, spilling more than 100,000 litres of diesel into waters near the Great Bear Rainforest.

Marilyn Slett, chief of the Heiltsuk First Nation, said the sinking of the tug, Nathan E. Stewart, has had devastating social and economic impacts on her community.

A valuable fishing area remains closed a year after the spill and many Heiltsuk face the prospect of a second year without revenue from the area’s valuable shellfish species, she said.

by Dirk Meissner, The Canadian Press

U.S.: FEMA Releases Refreshed National Incident Management System Doctrine

The U.S. Federal Emergency Management Agency (FEMA) recently released the refreshed National Incident Management System (NIMS) doctrine.  NIMS provides a common, nationwide approach to enable the whole community to work together to manage all threats and hazards. NIMS applies to all incidents, regardless of cause, size, location, or complexity.

In April and May 2016, FEMA held a 30-day National Engagement Period, in which stakeholders submitted nearly 3,000 comments and provided feedback on the draft NIMS update, ensuring that it reflects the collective expertise and experience of the whole community.

FEMA will host a series of 60-minute webinars with stakeholders to discuss the updates in the refreshed NIMS and answer questions related to NIMS. All webinars are open to the whole community. For webinar dates, times, and registration information, please go here: https://www.fema.gov/latest-news-updates.

The refreshed NIMS retains key concepts and principles from the 2004 and 2008 versions, while incorporating lessons learned from exercises and real-world incidents, best practices, and changes in national policy.

Download the refreshed NIMS here: www.fema.gov/nims-doctrine-supporting-guides-tools

The refreshed NIMS:

  • Retains key concepts and principles of the 2004 and 2008 versions of NIMS;
  • Reflects and incorporates policy updates and lessons learned from exercises and real-incidents;
  • Clarifies the processes and terminology for qualifying, certifying, and credentialing incident personnel, building  a foundation for the development of a national qualification system;
  • Clarifies that NIMS is more than just the Incident Command System (ICS) and that it applies to all incident personnel, from the incident command post to the National Response Coordination Center;
  • Describes common functions and terminology for staff in Emergency Operations Centers (EOC), while remaining flexible to allow for differing missions, authorities, and resources of EOCs across the nation; and
  • Explains the relationship among ICS, EOCs, and senior leaders/policy groups.

NIMS guides all levels of government, nongovernmental organizations (NGO), and the private sector to work together to prevent, protect against, mitigate, respond to, and recover from incidents. NIMS provides stakeholders across the whole community with the shared vocabulary, systems, and processes to successfully deliver the capabilities described in the National Preparedness System. NIMS defines operational systems, including the Incident Command System (ICS), Emergency Operations Center (EOC) structures, and Multiagency Coordination Groups (MAC Groups) that guide how personnel work together during incidents. NIMS applies to all incidents, from traffic accidents to major disasters.

Please refer to the descriptions below to gain an understanding of where to locate certain information.

NIMS Doctrine Supporting Guides & Tools: The National Integration Center develops supporting guides and tools to assist jurisdictions in their implementation of the National Incident Management System (NIMS).

Training: The NIMS Training Program defines the national NIMS training program. It specifies National Integration Center and stakeholder responsibilities and activities for developing, maintaining and sustaining NIMS training.

Resource Management & Mutual Aid: National resource management efforts aid a unified approach in building and delivering the core capabilities across all five mission areas (Prevention, Protection, Mitigation, Response and Recovery).  Effective resource management is founded on the guiding principles of the NIMS.

Implementation Guidance & Reporting: Federal Departments and agencies are required to make adoption of NIMS by local, state, territorial, and tribal nation jurisdictions a condition to receive Federal Preparedness grants and awards.

NIMS Alerts: The National Integration Center announces the release of new NIMS guidance, tools, and other resources through the distribution of NIMS Alerts.

FEMA NIMS Regional Contacts: The FEMA Regional NIMS Coordinators act as subject matter experts regarding NIMS for the local, state, territorial, and tribal nation governments within their FEMA Region, as well as for the FEMA Regional Administrator and staff.

Incident Command System Resources: The Incident Command System (ICS) is a fundamental element of incident management. The use of ICS provides standardization through consistent terminology and established organizational structures.

Harnessing the regulation of Maritime Dangerous Goods

As reported in Hellenic Shipping NewsTT Club (a leading provider of insurance and related risk management services to the international transport and logistics industry ) and the  International Cargo Handling Coordination Association (ICHCA) have drawn attention to the state of packing in the intermodal supply chain and the need for greater rigour by all stakeholders to improve safety.

Shipping containers at the Port Newark-Elizabeth Marine Terminal in New Jersey, USA (Photo Credit: Captain Albert E. Theberge)

At the recent meeting of the International Maritime Organization’s (IMO) Sub-Committee on the Carriage of Cargoes and Containers (CCC), ICHCA and TT Club made a submission concerning the inspection programmes for Cargo Transport Units (CTUs) implemented by national governments.

Analysing the reports submitted to IMO in previous years, TT Club established that the number of member states reporting, in comparison with those in membership of IMO, has always been less than 10% and currently stands at about 2.5%. Further, the number of inspections performed has never exceeded 80,000, and currently represents something less than 4 per 100,000 packed containers moved.

Deficiencies
The submission drew out two key concerns from the deficiencies found in this small sample. First, there is an apparently deteriorating trend for ‘Placarding and Marking’ failures, which is the key visual risk alert for all supply chain stakeholders. Wrongly placarded units can create a major hazard, as exemplified at a terminal facility in Vancouver in 2015 when a container packed with dangerous goods caught fire, as well as fundamentally undermine the handling of the numerous incidents on board ship.

Perhaps more importantly, ‘Stowage and Securing’ deficiencies, which TT Club has repeatedly reported to be causative in many cargo related incidents, average in excess of 20%.

At ICHCA’s seminar in April 2017 on dangerous goods, hosted by TT Club, reports were given of widespread disregard of dangerous goods regulations, with one shipping line revealing that many shippers use alternative terms for dangerous goods (DG) to avoid surcharges and having to comply with additional measures, including any ship or port restrictions, as well as the regulations themselves.

Calculating the actual number of dangerous goods shipments is complex, but some estimates are that declared volumes comprise up to 10% of all container movements. UNCTAD calculates in its Review of Maritime Transport 2016 that there were approximately 180 million TEU movements in 2016. Assuming 60% of 180 million TEU equates to actual CTUs, 50% of those are laden, of which 10% contain declared dangerous goods, then approximately 5.4 million units annually are packed with dangerous goods.

The state for non-DG…?
It might also be assumed that more care and attention is given to consignments of declared dangerous goods; it may be expected that deficiencies would be more prevalent where more detailed regulations are not deemed to apply. Thus, the findings reinforce experience that packing and securing remains an enormous issue in the unit load industry.

“The findings reinforce experience that packing and securing remains an enormous issue in the unit load industry”
Whilst the International Maritime Dangerous Goods (IMDG) Code is mandatory, the CTU Code is not, albeit it is referenced from the IMDG Code and International Convention for the Safety of Life at Sea (SOLAS). The evidence from recent events is that awareness of the CTU Code is very low and therefore compliance with good practice will be poor.

Cargo Integrity Campaign
It is for this reason that TT Club has teamed with Global Shippers Forum , ICHCA and World Shipping Council to promote the importance of the CTU Code. This ‘Cargo Integrity’ campaign started at European Shipping Week earlier this year, which the IMO Secretary General and Senior Deputy Director attended, and continued during the CCC sub-committee meetings and most recently at the ICHCA 65th Anniversary Conference in Las Palmas. In each instance, the key messages are aligned to the stakeholders in the audience – whether governments, shippers, terminals or carriers – identifying key responsibilities that they can discharge to improve safety in the intermodal supply chain.

“The level of national government reporting is insufficient to draw concrete conclusions by which to steer IMO’s work, improve compliance or increase safety”
In response to a number of suggestions made in the submission to CCC, the sub-committee recognised that the level of reporting is insufficient to draw concrete conclusions by which to steer its work, improve compliance or increase safety, albeit that the absence of reporting should not necessarily lead to the conclusion that inspections are not being carried out. At least one Maritime Administration, which had not reported in recent years, committed to make the CTU inspection regime more robust, as well as to submit a report to the next meeting of CCC in September 2018.

Strengthening compliance culture
CCC also noted the analysis provided by TT Club and ICHCA, inviting governments to provide information on the experience and lessons learned from the application of national CTU inspection programmes. Further, concern was expressed about the high rate of deficiencies and the lack of adherence to the provisions of the IMDG Code.

The TT Club/ICHCA submission also suggested that consideration be given to advances in scanning technologies that may permit improved and risk-based inspections to be carried out more effectively. While not specifically debated, there was general encouragement for the industry and governments to develop more specific ideas for consideration.

In the meantime, the IMO Secretariat committed to improve the ease of reporting, utilising its GISIS methodology, together with recognising that Maritime Administrations could link up the findings of industry inspections that are carried out to the same standard. It is to be hoped that inspection programmes will be ramped up in the coming months in order that more credible data can be shared, as well as engendering an improved culture of compliance globally.

“It is to be hoped that inspection programmes will be ramped up in order that more credible data can be shared, as well as engendering an improved culture of compliance globally”

We hope that you have found the above interesting. If you would like further information, or have any comments, please email us, or take this opportunity to forward to any colleagues who you may feel would be interested.
 

Canada: BC Court Of Appeal Rules That Contaminated Property Must Be Assessed Using Highest and Best Use

Article by Luke Dineley and Jacob Jerome Gehlen

Borden Ladner Gervais LLP

In a highly anticipated decision for the valuation of contaminated property in British Columbia, the BC Court of Appeal overturned a decision of the BC Supreme Court and set out how contaminated property should be assessed for tax purposes.

The case involved a Brownfield – a contaminated commercial property with potential for economic redevelopment. The property in question had been operated as a retail gas station, automobile dealership, and repair shop. The soil on the property was contaminated, and the contamination had spread to neighbouring properties. The owner of the property was in considerable financial distress. In addition to tax arrears, legal bills, and accounting bills, she was defending a claim from the owner of a neighbouring property. She therefore arranged to sell the property to this owner through a share purchase agreement for $42,363.24, which was sufficient to cover her debts. She also obtained a full indemnity from any legal liabilities she might have in the future regarding the contamination. The existing structure on the property was renovated and converted into income-producing multi-tenant commercial retail units.

Abbotsford, British Columbia

In 2013, the property was assessed for taxation purposes.

The assessor had valued the land and improvements at $975,000. The property owner, Victory Motors (Abbotsford) Ltd. (“Victory Motors”), appealed, and the Property Assessment Review Panel reduced that assessment to $500,000. Victory Motors appealed to the Property Assessment Appeal Board (“Board”), claiming the property had no value. The Board reinstated the original assessment. The owner appealed again, to the Supreme Court of British Columbia. That court found that the Board had erred in law, and remitted the matter to the Board for reconsideration. The Assessor appealed that decision.

The Court of Appeal allowed the Assessor’s appeal and restored the Board’s decision.

The issue before the Court was this: how does one properly assess the value of contaminated land for taxation purposes? The assessor determined that because renovation into a two-storey structure would require remediation, the best use of the property was as it currently stood: a one-storey commercial structure. The assessor’s estimate did not otherwise take into account the presence of contamination. Their approach is known as the “income approach,” whereby a property’s value is determined according to the subject property’s highest possible annual net income. The Board agreed with the assessor’s method and ultimate evaluation.

The Supreme Court, however, held that the Board had erred in law. The chambers judge found that the assessor had ignored the property’s brownfield status, which any potential buyer would have in mind as a risk. The chambers judge further held that the land should be valued not according to value for the present owner, but according to the market in accordance with the BCCA’s decision in Southam Inc. (Pacific Newspaper Group Inc,) v. British Columbia (Assessor of Area No 14 – Surrey/White Rock), 2004 BCCA 245 [Southam]. Because there was no evidence a competitive market for the property existed, the Board’s decision was therefore unreasonable.

However, after the BCSC decision was released, a five-judge division of the BCCA overturned Southam in Assessor of Area #01 – Capital v. Nav Canada, 2016 BCCA 71, leave to appeal refused [Nav Canada]. Nav Canada supports the Board’s income-based approach.

Applying Nav Canada, the Court of Appeal allowed the assessor’s appeal and restored the Board’s decision. The Court applied the “highest and best use” principle of assessment, and found that a multi-tenant retail building was the “best use” for the purposes of assessment. The Court held: “that property has value to its current owner can be a sufficient basis on which to determine its value.” In Nav Canada, the BCCA had held that even where there was no other potential purchaser, “one must regard the owner as one of the possible purchasers.” The Court in this case agreed, and held that “when, for whatever reason, there is no market for a property that has value to its owner, that owner can serve as a proxy for a competitive market.”

Going forward, property owners should be aware that even though there are no purchasers lining up to bid for a brownfield, that property may still be assessed at a high value for taxation purposes.

About BLG

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

About the Authors

Luke Dineley is a partner in both our Insurance and Tort Liability Group and Environmental Law Group in Borden Ladner Gervais LLP‘s Vancouver office. Luke focuses his practice on civil litigation, with an emphasis on insurance and tort law, and environmental law.  In the area of environmental law, Luke’s experience includes representing and advising clients on a wide variety of contaminated site issues relating to both commercial and residential properties — including cost-recovery actions on behalf of plaintiffs and defendants. In addition, Luke has represented and advised major companies on environmental regulatory compliance, emergency spill responses, and environmental prosecutions. Luke is also an executive board member of the British Columbia Environmental Industry Association and frequently publishes and speaks in the area of environmental law.

 

Jacob Jerome Gehlen is an articling student at Borden Ladner Gervais LLP‘s Vancouver office. He has a Juris Doctor law degree from the University of Toronto and a Bachelor’s degree from McGill University.

Canada: Managing Prosecution Risk When Regulators Issue Permits or Orders

Article by Stanley D. Berger

Fogler, Rubinoff LLP

A recent decision from the Yukon Territorial Court is a reminder of how important communication between the regulator and the regulated can be. At the same time, perhaps as an illustration of the power of fate, at least in a narrow set of circumstances, communication may make no difference at all. In R. v. Cobalt Construction Inc., released September 14, 2017 the sole shareholder/director and his road construction company were charged with failing to provide a detailed decommissioning plan in accordance with the conditions of a permit for a facility designed to accept, store and treat dirt contaminated with petroleum hydrocarbons. The defendants failed to establish a due diligence defence to the charges because of poor communication with the authorities, but were acquitted anyways because it was impossible for them to comply given the weather conditions during the time frame for compliance.

Cobalt Construction Inc. Vehicles (Credit: Brian Boyle/CBC)

The regulator’s plan required sampling results be obtained after contaminated piles of dirt were tilled as configured. The soil was to be mixed two weeks before the samples were taken for analysis. The sample results would then inform further elements of the plan including identification of an appropriate receiving facility. The defendant director testified that it would have been impossible to till the soil as required within the time frame set out by the regulator because snow on the ground would have prevented use of the excavator and the ground would have been frozen requiring a ripper to be used to break up the ground, thereby destroying the configuration of the piles. The defendants had in the initial plan set out dates for sampling beyond the time frame required by the regulator, but failed to offer any explanation as to why the sampling could not be done within the imposed time frame. Further, the defendants at no time sought an extension of time for performing the sampling. The Crown prosecutor argued that the authorities were under no obligation to notify the defendants that their initial plan was insufficient to satisfy the regulatory requirements. The Court observed that the more detailed the decommissioning plan provided, the more likely fairness would demand notification by the authorities of the deficiency and an opportunity to correct it. Conversely, the less detailed the plan, the less likely fairness would demand notification. “To decide otherwise would mean that a defendant could evade responsibility and delay consequences simply by making a cursory attempt at compliance.” The Court suggested that if the defendants had fleshed out the plan and included options for receiving facilities and restoration that would be contingent on the sampling results, this would trigger notification by the regulator that the plan was deficient. However, the initial plan provided was so clearly and objectively deficient on its face that the regulator had no obligation to notify the defendants that the plan did not comply and did not further require the authorities to give the defendants an opportunity to rectify the deficiencies prior to laying charges. The Court consequently rejected the defence of due diligence. Nevertheless, the Court acquitted the defendants, accepting the defence of impossibility, notwithstanding the absence of due diligence.

 The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

________________

About the Author

 Stanley Berger is certified by the Law Society of Upper Canada as a specialist in environmental law.  He was called to the Ontario Bar in 1981. He joined the law firm of Fogler Rubinoff on July 4 2013.  Stanley was the founder of the Canadian Nuclear Law Organization and served as its President between 2008-2015, and remains a board member.  He is also is a former President of the International Nuclear Law Association.  He has taught nuclear law for the Nuclear Energy Agency in France and is an adjunct professor for York University’s Professional Master’s Degree in Energy.  Stanley is the author of a quarterly publication entitled “The Prosecution and Defence of Environmental Offences” and edits an annual review of environmental law.

Stanley represents suppliers and operators in the nuclear industry on nuclear liability, regulatory and supply chain issues. He provides legal advice to the Nuclear Waste Management Organization. Other clients include the CANDU Owners Group and a large Ontario municipality. His environmental practice includes litigation before courts, boards and tribunals, as well as solicitor’s work on behalf of renewable energy companies, landowners and waste management entities. He represented a First Nation on regulatory matters relating to a renewable energy project. His practice also includes the protection of proprietary information on applications before Ontario’s Freedom of Information and Privacy Commission.

This article was originally published on the Fogler, Rubinoff LLP website.

Technology to prevent rail disasters is in our hands

Author: Chris Bachmann, Assistant professor, Department of Civil and Environmental Engineering, University of Waterloo

As the trial of the 2013 Lac-Megantic rail disaster begins, new policies and practices that aim to employ better technology could help avoid similar disasters in the future.

The Transportation Safety Board (TSB) found more than 18 distinct causes and contributing factors in the Lac-Megantic derailment investigation, which makes the likelihood of this type of accident seem nearly impossible.

An unattended 74-car freight train carrying crude oil ran away and derailed, resulting in the deadly fire and explosion in Lac-Mégantic, Quebec, in July 2013. (Photo Credit: CBC)

Yet other derailments in Canada involving dangerous goods would soon follow in 2014 in Plaster Rock, N.B. and Clair, Sask., and two incidents in 2015 in Gogama, Ont.

This suggests that we must be mindful of the connection between human interactions and technology and how each will continue to underlie many causes and contributing factors of future incidents.

As a civil engineering professor who researches transportation infrastructure, dangerous goods and risk, I see several new developments and changes to technology and policy that can help to reduce future accidents.

Safer tank car standards

The type of tank cars involved in the Lac-Megantic accident (“Class 111”) were known to be vulnerable to failure, even in low-speed accidents (e.g., Cornwall, Ont. in 1999).

After Lac-Megantic, Canada and the United States developed a more robust tank car standard, Class 117. This new standard features improved puncture resistance, structural strength and fractural resistance.

Despite these improvements, Canadian and U.S. regulations will still allow Class 111 tank cars to be used for the transport of certain dangerous goods until mid-2025.

Even so, Canada accelerated the phase-out of the older Class 111 tank cars from being used for crude oil service in Canada as of Nov. 1, 2016, under Protective Direction 38.

Enhanced braking

In addition to new tank car standards, the U.S. is requiring enhanced braking standards on trains carrying flammable goods.

Any train with a continuous block of 20 tank cars loaded with a flammable liquid, or 35 or more tank cars loaded with a flammable liquid dispersed throughout a train, must have a functioning two-way end-of-train (EOT) device — an electronic unit that can be mounted on the end of a freight train instead of a caboose — or a distributed power (DP) braking system, which spreads braking across different points throughout a train.

Furthermore, any train with 70 or more loaded tank cars containing flammable liquids travelling at speeds greater than 48 km/h must be operated with an electronically controlled pneumatic (ECP) braking system by May 1, 2023.

In short, these technologies enable more controlled braking behaviour through a more responsive and uniform application of brake pressure. Benefits would include shorter stopping distances, lower risks of derailment and lower pile-up effects in the event of a derailment.

More information sharing

Technology also allows more information sharing for better decision-making. For example, Protective Direction No. 36 in Canada requires railways to provide municipalities with dangerous goods reports, including information on the number of unit trains, percentage of railway cars transporting dangerous goods, information on their nature and volume and number of trains.

This information is intended to inform emergency planning and responses.

The U.S. is also requiring more accurate classification of unrefined petroleum-based products to ensure proper classification, packaging and record-keeping through a documented sampling and testing process. This information is to be made available to the Department of Transportation upon request.

Human factors

The technology to prevent rail disasters is in our hands — just as it was in 2013. While these and future technologies are likely to reduce the risks of transporting dangerous goods across Canada and the United States, the interactions between humans and other elements of the system — the “human factors” — will remain predominant.

As we now know in the Lac-Megantic accident, the train carrying 7.7 million litres of crude oil sped toward the small Quebec town at 104 km/h before derailing, killing 47 people in the resulting fire and explosions on July 6, 2013.

Hours before derailing, the train was parked and left running on the main track in Nantes, Que., awaiting departure. But shortly after the engineer parked the train, a locomotive engine caught fire and was turned off by the Nantes fire department.

Without power from the running locomotive engine, air slowly leaked from the air brake system. An insufficient number of handbrakes were applied and the train eventually began rolling downhill on its final journey toward Lac-Megantic.

Some of the causes and contributing factors in the Lac-Megantic rail disaster were not technical failures so much as they were failures of humans to properly interact with technology: To properly maintain a locomotive engine, to have knowledge of interactions between locomotive engines and air brake systems and to properly set and test the effectiveness of handbrakes.

Although technical standards were less stringent in 2013, technology did not fail us. In many of the causes and contributing factors of Lac-Megantic, it is evident that we failed to understand and interact with our technology.

______________________________

This article was originally published on The Conversation. Disclosure information is available on the original site. To read the original article:

https://theconversation.com/technology-to-prevent-rail-disasters-is-https://theconvers

About the Author

Chris Bachmann is an Assistant professor, Department of Civil and Environmental Engineering, University of Waterloo.  His research interests include the interaction between transportation and economics, trade, energy, transportation network resiliency/criticality/robustness/vulnerability, risk, dangerous goods movement, transport economics, transport project and policy evaluation.

Alberta Coal mine fined $1 million for Fisheries Act Violations

Sherritt International Corporation (Sherritt) recently pleaded guilty in the Provincial Court of Alberta to three counts of contravening the Canadian Fisheries Act.  Sherritt was sentenced to pay $1,050,000.  As a result of this conviction, the company’s name will be added to the Environmental Offenders Registry.

The Coal Valley Mine, which was owned by Sherritt, from 2001 to 2014, is an open-pit coal mine located 90 km south of Edson, Alberta.  The Coal Valley Mine is a 20,660 Ha. surface mine. The mine operates both truck/shovel and dragline pits and utilizes a dragline for coal removal. The area has a long history of mining and the Coal Valley Mine was opened in 1978 to supply coal to Ontario Hydro and for overseas export.

Coal is uncovered at the mine using the two draglines  and two truck/shovel fleets. The exposed coal is hauled from the mine to the heavy media wash plant where the waste is removed and then loaded on trains to be shipped to the ports. Current annual production of the mine is 3.0 million tonnes and the plant has capacity to operate at 4.0 million tonnes per year.

On August 3rd, 2012, Environment and Climate Change Canada (ECCC) enforcement officers visited the mine in response to a spill report, and they determined that effluent being deposited from a waste-water pond was deleterious to fish. ECCC enforcement officers subsequently issued a direction under the Fisheries Act, which resulted in the deposit being stopped.  Further investigation by ECCC determined that there were two previous releases of deleterious effluent from waste-water ponds, on July 27th, 2011.

The releases went into tributaries of the Athabasca River, including the Erith River portions, which are identified by the Government of Alberta as “ecologically significant habitat” for Athabasca rainbow trout, a species at risk.

The waste-water ponds at the Coal Valley Mine collected surface water that was treated with a chemical flocculant to remove suspended sediment before being discharged.  Both suspended sediment and an excess of flocculant can be toxic to fish.

Of the $1,050,000 fine, $990,000 will be directed to the Environmental Damages Fund (EDF).  The EDF was created in 1995 by the Government of Canada. The fund follows the polluter pays principle, and it ensures that court-awarded penalties are used for projects with positive environmental impacts.

Teck Coal Ltd. fined $1.4 million for Toxic Release

Teck Coal Limited recently pleaded guilty to three counts of contravening the Canadian Fisheries Act in the Provincial Court of British Columbia.   The court ordered the company to pay a penalty of $1,425,000, which will be directed to the federal Environmental Damages Fund, and used for purposes related to the conservation and protection of fish or fish habitat or the restoration of fish habitat in the East Kootenay region of B.C.  Additionally, Teck Resources will post information regarding this conviction on its website.  As a result of this conviction, the company’s name will be added to the Environmental Offenders Registry.

Teck Coal’s Line Creek Operations is located in southeastern British Columbia.  On October 17th, 2014, enforcement officers from Environment Canada and Climate Change (ECCC) launched an investigation following a report that fish had been found dead in ponds connected to Line Creek which runs adjacent to the coal mining operation.  During the investigation, ECCC enforcement officers found that the effluent from the water treatment facility going into Line Creek was deleterious to fish.  Numerous dead fish were found in the Line Creek watershed as a result of this discharge, including Bull trout.  Bull trout are identified as a species of special concern in this area of British Columbia.

The company has a permit to discharge treated effluent into the Line Creek, however in the fall of 2014, there was a malfunction of the treatment system.  As a result, toxic levels of nitrate, phosphorus, selenium and hydrogen sulfates entered the Line Creek, subsequently killing over 74 fish.

Line Creek is identified by the Government of British Columbia as part of a “Classified Water” system.  This provincial classification means that the water system is seen to have a high fisheries value and it requires special fishing licenses.

Teck’s West Line Creek Active Water Treatment Facility cost $120 million to construct.  The facility treats up to 7,500 m3 (2 million gallons) of water per day – enough to fill three Olympic-sized swimming pools.  Selenium concentrations are reduced by about 96% in treated water, to below 20 parts per billion.  Nitrate concentrations are reduced by over 99% in treated water, to below 3 parts per million.

Teck’s West Line Creek Active Water Treatment Facility

Teck’s Line Creek operation produces steelmaking coal – also called metallurgical coal or coking coal — which is used to make steel.  The processed coal is transported by sea to the Asia-Pacific region and elsewhere.  The current annual production capacities of the mine and preparation plant are approximately 3.5 and 3.5 million tonnes of clean coal, respectively. Proven and probable reserves at Line Creek are projected to support mining at planned production rates for a further 23 years.

Phytoforensics: Using Trees to Find Contamination

The United States Geological Survey (USGS) recently prepared on Fact Sheet on how phytoforensics can be used to screen for contamination prior to traditional sampling methods.  Phytoforensics is a low cost, rapid sampling method that collects tree-core samples from the tree trunk to map the extent of contamination below the ground.

By utilizing phytoforensics, environmental professionals can save the cost and time associated with traditional methods of subsurface investigation – drilling boreholes, installing monitoring wells.

Scientists at the Missouri Water Science Center were among the first to use phytoforensics for contamination screening prior to employing traditional sampling methods, to guide additional sampling, and to show the large cost savings associated with tree sampling compared to traditional methods, to guide additional sampling, and to show the large cost savings associated with tree sampling compared to traditional methods.

The advantages of phytoforensics include the following: quickly screen sites for subsurface contamination; cost- and time-effective approach that uses pre-existing trees; non-invasive method (no drill rigs or heavy equipment required); and representative of large subsurface volumes.

Phytoforensics testing involves the collection of a tree-core sample with necessary sampling equipment including an incremental borer, forceps, a sample vial, and gloves.  Samples are collected at about 3 feet (1 metre) above ground surface, placed into vials for subsequent laboratory analysis.

Similar to phytoforensics, phytoremediation is the field of looking to use plants to mitigate environmental pollutants and human exposures. As plants are efficient, key components in local and global water, carbon and energy cycles, they can influence pollutant transport and availability in many different ways.

Dr. Joel Burken, Missouri S&T professor of civil and environmental engineering, tests a tree in Rolla’s Schuman Park with then high school senior Amanda Holmes and S&T graduate student Matt Limmer. Photo by B.A. Rupert