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)

U.S. Federal Appeals Court finds Exxon not quality for Oil Spill in Arkansas

As reported in Inside Climate News, a federal appeals court has let ExxonMobil largely off the hook for a 2013 pipeline spill that deluged a neighborhood in Mayflower, Arkansas, with more than 200,000 gallons of heavy tar sands crude oil, sickening residents and forcing them from their homes.

The Fifth Circuit Court of Appeals on Monday overturned federal findings of violations and the better part of a $2.6 million fine imposed on Exxon’s pipeline unit in 2015 by the U.S. Pipeline and Hazardous Materials Safety Administration (PHMSA). The regulator had accused the company of failing to maintain the decades-old Pegasus Pipeline and to prioritize testing of a segment of older, high-risk pipe where a 22-foot gash eventually opened along a metal seam.

Oil Spill – Mayflower , Arkansas

Exxon challenged the violation and fine, arguing there was no proof its actions contributed to the spill and saying it had conducted adequate testing of the pipeline as required by law. The appeals court agreed, saying the company met its legal obligation when it “conducted a lengthy, repeated and in-depth analysis” of the pipeline and its risks.

“The unfortunate fact of the matter is that, despite adherence to safety guidelines and regulations, oil spills still do occur,” the court concluded. It called PHMSA’s determination that the company failed to consider risks “arbitrary and capricious.”

In October 2015, PHMSA sent the company a 46-page order, citing nine violations. Ultimately, Exxon challenged six of those violations. The court sided with Exxon on five of them, saying the company took sufficient steps to analyze risks along the pipeline. On one violation—accusing Exxon of saying it had run a certain test on the pipeline when it had not—the court agreed with PHMSA, but it noted the company’s misrepresentation was not a “causal factor in the Mayflower Accident,” as the agency asserted. The court said it would ask the agency to re-evaluate an appropriate penalty for that violation. Exxon has also reached separate settlements with homeowners and governments related to the pipeline spill.

The pipeline consists of three separate sections—built in 1947, 1954 and 1973—that were joined as one system in 2005 and 2006 to carry oil along an 859-mile stretch, southward from from Pakota, Illinois, to Nederland, Texas. The segment that burst is in the oldest section of the pipeline and is made of “low-frequency electric-resistance welded” (LF-ERW) steel pipe, made before 1970 and known to have a higher risk of rupturing along its lengthwise seams because of a manufacturing defect.

The Pipeline Safety Act requires pipeline operators to create “Integrity Management Programs,” which include a written plan to assess pipelines and prioritize certain sections for testing based on risks. The regulations spell out the methods pipeline operators can use to perform these “integrity assessments.” If the pipe is LF-ERW pipe that’s susceptible to “longitudinal seam failure,” the assessment methods have to be capable of detecting corrosion and assessing the strength of the seams. But the law isn’t clear how operators should determine if pipelines are likely to suffer “longitudinal seam failure” in the first place.

The court said that the “pipeline integrity regulations themselves did not provide ExxonMobil notice that the pipeline’s leak history compelled it to label the LF-ERW pipe susceptible to longitudinal seam failure.”

Canadian Government will clean up Iqaluit dumpsite

As reported in Nunatsiaq Online, an old Iqaluit dumpsite littered with metal refuse, fuel barrels and other toxic waste overlooking the Sylvia Grinnell River will soon be removed, following a multi-million dollar remediation contract recently issued by the federal government.  Iqaluit is the capital city of the Canadian territory of Nunavut.  It sits on vast Baffin Island in Frobisher Bay, in Canada’s far north.

Transport Canada has confirmed that it awarded over $5.4 million to Kudlik Construction Ltd. for cleanup of the dump,which lies along the mouth of Sylvia Grinnell River—a popular source of fish.

Iqaluit Dump Site (Photo Credit: Steve Decharme)

The contract follows recommendations outlined in a 2016 report by Arcadis Canada Inc., commissioned by Transport Canada, that detected the hazardous debris buried in the area and noted in earlier studies dating to 2001.

“The nature of the debris in the main landfill and scrap metal dump suggest that the [United States Air Force] was likely responsible for depositing a large portion of the wastes currently found on the site,” said the report, which estimated the dump was started around 1963.

That’s when the Frobisher Bay airbase and weather station was sold to Canada by the U.S. military, but not before American personnel bulldozed old cars, appliances, fuel containers and other toxic refuse over a cliff near the river, the report said.

The site was used intermittently until the 1970s, when it was abandoned for another landfill near Apex.

The area is still used today as a “rogue dumping site” by local residents, the study said, and that could be another source of contaminants. Along with the remains of vintage army vehicles and cars, appliances and modern waste, like car batteries.

Surveyors identified toxic petroleum hydrocarbons, polychlorinated biphenyls, or PCBs, pesticides, and other hazardous materials at four zones within the dumpsite, extending from higher ground to within a few metres of the river.

Work will begin at the site in the coming weeks and will continue until October, Transport Canada said. The remaining non-toxic waste will be sealed into a new landfill and monitored closely until 2020.

“It’s great news that the Sylvia Grinnell area is being remediated,” Iqaluit Mayor Madeleine Redfern told Nunatsiaq News July 25. But she said other old dump sites grounds surrounding the city remain unaddressed despite concerning signs of contamination.

The question is: who is responsible for cleaning them up?

Since many of the contaminated sites predate Iqaluit’s incorporation as a municipality, the responsibility for their remediation—such as the old metal dump—can be hotly contested.

Transport Canada said its responsibilities to remediate land in Iqaluit extend to areas like the Sylvia Grinnell dump, as part of an agreement to cleanup lands around the airfield that were transferred to the Government of Nunavut in the 1990s.

But in submissions to the Nunavut Planning Commission for its upcoming draft Nunavut Land Use Plan, the City of Iqaluit identified eight contaminated sites in and around the municipality that don’t fall under the airfield agreement.

Those include areas that have yet to be remediated in West 40, Federal Road, Apex, Upper Base and Lower Base.

Redfern said various reports on contamination around Iqaluit often never find their way to the right departments, leading to confusion or inaction between municipal, territorial and federal governments on the implementation of their recommendations.

And costs associated with remediation fall well outside the financial abilities of Nunavut municipalities.

“The local level governments have never had the money to effectively be able to handle environmental remediation within their communities,” Redfern said, adding that in her two terms as mayor she’s approached federal and territorial governments about “half a dozen times” on the issue.

“Many of the residents have wondered how these sites get prioritized and the city and the residents would greatly appreciate seeing all these historical sites remediated.”

A report commissioned in 1995 at the site of the old Apex dump found elevated—but below hazardous—levels of lead, copper, zinc and PCBs in nearby soil and marine sediment on the nearby shoreline.

Redfern said the possibility of leaking contaminants from the dump could effect the quality of clams in the bay, but governments not addressed the issue.

“What is the status of the Apex dump, is it still leaching, was remediation ever done?” she asked. “If it is leaching toxins then notices should be put up around the area.”

And the city’s closed North 40 metal dump—northwest of downtown Iqaluit—also dates to the era of the U.S. air base, and shows signs the site may be leaking.

Another study by researchers from the University of Saskatchewan published in 2010 noted elevated levels of hydrocarbons in Iqaluit’s Lower Base area, but concluded the levels are too low to be of risk to human health.

Lower Base used to be a dumping ground for spent fuel canisters, dating back to the earliest period of the U.S. air base in the 1940s.

Redfern added that a study estimated costs to remediate toxins discovered in the last of of the old Butler buildings in Lower Base, one of the oldest structures in Iqaluit, at more than $1 million.

Modern Iqaluit, or Frobisher Bay, was founded when the U.S. military constructed the Iqaluit airfield during World War II, as a rest point for planes flying to Europe on the Crimson Route.

During the Cold War, Frobisher Bay became a central relay point for construction of DEW line stations across Canada’s North, which were built to detect bombers from the Soviet Union crossing into North America through the Arctic.

After the DEW line was replaced by the North Warning System, starting in the late 1980s, many of those stations were abandoned in the early 1990s, leaving behind heaps of toxic waste and contaminants.

In 1996, the Department of National Defence began remediation of 21 DEW line sites across the Arctic at a cost estimated at over $575 million in 2014.

Despite being surrounded by many of the same hydrocarbon and PCB contamination garbage leftover from military uses, only a few hazardous sites near Iqaluit—like Upper Base and Resolution Island—were marked for cleanup as part of that project.

“While remediation [of Resolution Island] provided benefits to the community of Iqaluit, primarily through contracts and employment, the community of Iqaluit has not received the same level of special designation or status for remediation clean up,” the City of Iqaluit said in its submissions to the Draft Nunavut Land Use Plan.

“Despite the fact the Americans set up [Iqaluit] and used key areas within the community for military purposes.”

Canadian TSB rules on Train Derailment in Northern Ontario

The Transportation Safety Board of Canada recently issued a report on its findings related to the 2015 derailment of a train in 2015.  In its report, it ruled that a missed defect in an improperly repaired rail led to a 2015 freight train derailment in northern Ontario that caused numerous cars carrying crude oil to catch fire and crash into a local river system, the Transportation Safety Board of Canada said Thursday.

As a result of its investigation into the incident, the board recommended Transport Canada consistently collect data on general rail surface conditions — and not just previously recorded defects — to better focus its track inspections and help predict future rail failures.

“Track defect information is required to be reported to Transport Canada, while rail surface condition information is not consistently provided and rarely requested by the regulator,” said TSB chair Kathy Fox.

Gogama train derailment

“By integrating rail surface condition data, the planning process may more clearly identify areas of potential track deterioration and the targeted track inspections can be better focused to reduce risk in the rail transportation system.”

Thirty-nine CN Rail cars went off the tracks near Gogama, Ont., in March 2015, while the train was travelling east at 69 kilometres an hour, less than the speed limit. As a result, 2.6 million litres of oil were released, igniting an explosion that destroyed a steel rail bridge, the TSB said.

“This was the third significant derailment involving a CN freight train in a three-week span in early 2015 … in northern Ontario,” Fox said, noting that Transport Canada had not inspected that area of track since 2012.

There were no injuries reported, but residents of the nearby Mattagami First Nation were advised to stay indoors during the cleanup due to possible smoke inhalation and told not to consume water from the community source.

The TSB said the derailment occurred after a recently repaired rail within a joint broke under the train.

Rob Johnston, manager of the TSB’s central region rail operations, said a track maintenance employee repaired the broken rail three days before the derailment.

But during the repair, he missed an internal defect called a vertical split head, which was present, but not visible to the naked eye, Johnston said.

The crack could have been detected with what’s known as a dye penetrant test, Johnston said, but that was not performed even though it was required by CN standards.

“While aware of the test, the employee had never performed one or seen one before,” he said. “CN’s training did not highlight the importance of the test and did not provide opportunities for practical, hands-on training.”

Given the botched rail repair, the TSB’s report notes that a “slow order” should have been applied to reduce the speed of the train on that section of the track, but none was issued.

Going forward, the TSB called on Transport Canada to gather data from railways on rail conditions — such as localized surface collapse — that can help identify areas of potential track deterioration.

Fox said Transport Canada considers various factors to identify areas of concern, most of which are events that have already occurred — such as the number of accidents, broken rails or track defects that required repair under track safety rules.

CN said it has taken action to increase safety measures following the 2015 derailments, from improving training for all track workers to implementing stronger engineering standards for its rail repairs and inspections.

“We have expanded our use of technology to analyse, monitor and inspect track across the CN network. We continue to invest to maintain, improve and protect our infrastructure,” CN spokesman Patrick Waldron said Thursday.

“This was a very unfortunate incident, the result of a broken rail, and we apologize to the residents of Gogama and the Mattagami First Nation for the impacts to their community.”