British Columbia: Invitation to Participate: Land Remediation Client Survey

The British Columbia Ministry of Environment and Climate Change Strategy is requesting the assistance on B.C. environmental professionals to complete a survey regarding the suite of contaminated site services provided by the Land Remediation Section.  The survey is part of an internal Ministry effort to examine and evaluate the ways in which contaminated sites services are provided in support of administering the Environmental Management Act and Contaminated Sites Regulation, and feedback will inform efforts to improve the client experience in obtaining these services.

The survey takes approximately 10 minutes to complete, allowing for more or less time depending on how many or few contaminated sites services you use. The survey is open for approximately 6 weeks, and will close on September 5, 2018.

Questions regarding the survey can be forwarded to site@gov.bc.ca.

 

U.S. Government RFP for Remediation Services at Superfund Site: Opportunity for Small Business

The U.S. Army Corps of Engineers is planning to issue a Request for Proposals (RFP) sometime in September 2018 as a small business set-aside under NAICS code 562910, size standard 750 employees.  The U.S. Army Corps of Engineers, New England District intends to issue an RFP for a single-award Indefinite Delivery/Indefinite Quantity (IDIQ) remediation services task-order contract for Operable Units (OUs) 3, 4, and 6 of the Raymark Superfund Site in Stratford, Connecticut.  Raymark generated waste containing asbestos, lead, copper, PCBs, and a variety of solvents, adhesives, and resins as by-products of its manufacturing operations. U.S. EPA recently approved one Record of Decision that specified the selected remedies for OUs 3 (Upper Ferry Creek), 4 (Raybestos Memorial Ballfield), and 6 (Additional Properties) of the Raymark Superfund Project. The solicitation will be released on FedBizOpps. https://www.fbo.gov/spg/USA/COE/DACA33/W912WJ18R0003/listing.html

This undated photo provided by the U.S. Environmental Protection Agency shows the Raymark property, in Stratford, Connecticut

U.S. Government RFP for Remediation Services – Small Business Opportunity

U.S. Department of Energy, Office of Environmental Management, Oak Ridge, TN. Recently issued a solicitation for the Characterization, Deactivation/Demolition, and Remediation Services of Low-Risk/Low-Complexity Facilities and Sites for the Oak Ridge Office of Environmental Management.

This procurement will be a total small business set-aside under NAICS code 562910, size standard 750 employees.  DOE anticipates awarding one or more IDIQ contracts for support services in Oak Ridge, Tennessee, in accordance with the Federal Facilities Agreement.

The Y-12 National Security Complex, Oak Ridge National Laboratory, and East Tennessee Technology Park encompass numerous facilities, soils, concrete slabs, containerized and non-containerized debris, and aging legacy waste populations that require investigation and additional characterization to determine appropriate disposal options.

The estimated maximum value of the contract is $24.9M for a period of performance of five years from date of award.  The full solicitation synopsis is available on the DOE Environmental Management procurement website at FedConnect.

An aerial view of the Oak Ridge National Laboratory campus.

Environmental Consultant’s Disclaimer of Liability to Vendor effective against Third Party Purchaser

by Stanley D. Berger, Fogler Rubinoff

On July 23, 2018 the Court of Appeal for Newfoundland and Labrador in the case of Community Mental Health Initiative Inc. v. Summit Lounge Ltd. 2018 NLCA 42 upheld summary judgment dismissing a purchaser’s claim against two engineering companies (consultants) alleging negligence in the conduct of a Phase 1 Environmental Site Assessment performed for the vendor. The agreement between the consultants and the vendor and the final report both indicated that the assessment was prepared solely for the benefit of the vendor and that the consultants accepted no responsibility for any damages suffered by any third party. Significantly, the plaintiff-purchaser had knowledge of the disclaimer, having been provided with a copy of the final report by its real estate agent prior to the closing of the transaction. The Court of Appeal referred to the Supreme Court of Canada’s decision in Edgeworth Construction ltd. v. N.D. Lea & Associates Ltd. [1993] 3.S.C.R. 206 as well as decisions from appeal courts in Ontario Wolverine Tube (Canada) Inc. (1995) , 26 O.R. (3d) 577 and B.C., Kokanee Mortgage M.I.C. Ltd. 2018 BCCA 151 and summarized the legal principles as follows: (at par. 23) “… an express disclaimer of liability can be an effective bar against a claim by a third party who relied on work in the knowledge of the disclaimer. Permitting third parties to rely on reports which are expressly protected by a disclaimer would undermine the ability of contracting commercial parties to govern their own affairs.”

IMPLICATIONS FOR REAL ESTATE TRANSACTIONS AND ENVIRONMENTAL CONSULTANTS?

The long established principle of privity of contract i.e. that the rights and obligations in a contract apply only to the parties to the contract have been further tested by this decision. For engineering consultants, the decision highlights the importance of exacting express disclaimer clauses restricting responsibility for the reporting information to the party retaining them. For purchasers of real estate, it reinforces the necessity of obtaining indemnities from the vendor for undiscovered contamination or if that is not realistic, retaining an independent environmental consultant to verify any consulting reports given to them by the vendor.

This article was first published on the Fogler Rubinoff LLP website.

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About the Author

Mr. Stanley Berger serves as the Partner at Fogler, Rubinoff LLP. Mr. Berger joined the law firm of Fogler Rubinoff on July 4, 2013. Before joining Fogler Rubinoff, he served for 14 years as Assistant General Counsel to Ontario Power Generation Inc (OPG). In that capacity he provided legal services on licensing, environmental assessment, regulatory compliance, liability, security, decommissioning and waste management to the Nuclear Division of OPG.  Mr. Berger provided strategic legal advice and representation on aboriginal litigation and participated in First Nation settlement negotiations. Prior to joining OPG, he served as the Deputy Director of the Law Division for Prosecutions for the Ontario Ministry of Environment. In that capacity he managed the prosecution staff and helped shape prosecution policy. 

WSP to acquire Louis Berger for $400 million

WSP Global Inc. will acquire Berger Group Holdings, Inc. (Morristown, N.J.), the parent company of Louis Berger, for $400 million to be financed by an underwritten term loan. Louis Berger is a professional services firm mainly active in the transportation, infrastructure, environmental, and water sectors, as well as in master planning.  Louis Berger has approximately $480 million in annual net revenues and $45 million in normalized EBITDA.  Its 5,000 employees are mostly in the United States, with U.S. operations representing around 70% of 2018 net revenues (excluding disaster response revenues).

The acquisition of Louis Berger will increase WSP’s presence in regions it has targeted for growth, such as continental Europe, and will increase WSP’s exposure to the U.S. federal sector, according to Alexandre L’Heureux, WSP’s president and CEO.

Environmental Job Market Trends in Canada 2014-2017

ECO Canada recently issued an Environmental Job Market Trends Report that shows that the environmental job market rebounded in Canada last year with 22.7 thousand job ads, reflecting a 9% increase from 2016 levels.  On the other hand, total job ads peaked in 2014 at 1.30 million, decreased to 1.07 million by 2016 (a drop of 18%) and slightly dipped in 2017 with 1.05 million job ads, reflecting a 2% decline.

  • Employment increases within key industries that employ a number of environmental workers, which includes professional, scientific and technical services;
  • Resurgence in goods-producing sectors such as manufacturing, construction, and energy; and
  • Provincial governments implementing climate change plans.

The report states that Ontario, Alberta and British Columbia are the provinces that have consistently shown the most demand for environmental professionals between 2014 and 2017.

Managers in financial and business services had the highest job ad growth rate with close to 30%, from 1,090 job ads in 2016 to 1,410 in 2017.  Agriculture/horticultural workers, technical inspectors/regulatory officers and engineers, with an environmental function attached to the roles, remained the most sought-after positions with 2,870, 3,020 and 2,110 job ads in 2017 respectively.

ECO Canada develops programs that help individuals build meaningful environmental careers, provides employers with resources to find and keep the best environmental practitioners and informs educators and governments of employment trends to ensure the ongoing prosperity of Canada’s growing environmental sector.

 

The National Brownfield Summit – A Brief Recap

By David Nguyen – Staff Writer

This year’s conference is about charting the future of the CBN. (Image from CBN).

On June 13, 2018, The Canadian Brownfields Network (CBN) held their 8th annual conference, taking the form of a National Brownfield Summit. This year also marks the 15th anniversary of the 2003 National Roundtable on the Environment and the Economy report, and the cornerstone of this year’s summit was to revisit the original report and reflect on the progress since then, as well as the challenges that still need to be addressed.

Keynote Speaker

After an introduction by president Grant Walsom, the conference began with the keynote speaker Marlene Coffey, Executive Director of the Ontario Non-Profit Housing Association, who spoke about previous examples of the developments on Brownfields, including housing developed on a Goodyear Tires site, or the Vancouver Olympic village or Toronto Pan American housing facilities.

She spoke of Toronto’s current housing crisis and how costs have outpaced income for many renters due to the market response to the economic growth in the Greater Toronto Area, as well as Hamilton and Waterloo. She also spoke about how condominium development is preferred due to the pre-selling and reselling markets providing profit and equity for the developer before and during construction.  Contrast that to rental housing, where developers of must put up front all costs of development before any profits.

The city of Toronto’s plan to address these concerns include building 69 000 affordable rental units within 10 years, extending the life of 260 000 units, as well as income support for 311 000 households. In addition, the federal government launched the National Housing Strategy in 2017, with $40 billion over 10 years to support affordable housing initiatives across Canada. Coffey reports that municipality participation is key to obtaining funding for affordable housing, and a role that can be played is to donate available land for development.

Current Affairs

A series of professional presentations followed, discussing various emerging investigation and remediation techniques. These included Dr. Barbara A. Zeeb discussing the use of phytotechnologies to remediate brownfield sites. She compared the traditional method of soil excavation, transport, and disposal to phytoextraction – the use of plants to remove the contaminant while leaving the soil intact and reusable, such as using natural and native species to remove organics like DDT. Other benefits include its cost effectiveness and the uptake of greenhouse gasses, but technologies are site specific, and can take years to remediate fully – highlighting the role that phytoremediation can play alongside traditional remediation methods.

A legal update with lawyer John Georgakopoulos provided an overview of legal cases currently before the courts, with implications for the brownfield development. His presentation compared cases of regulatory liability to civil liability and about managing environmental liabilities through exercising due diligence. He noted, however, that due diligence plays a bigger role in regulatory liability and a smaller role in civil liability, and he encouraged environmental liability protections like environmental insurance and regulatory liability protection.

Cross-Country Check-Up Panelists Kerri Skelly (front left), Lisa Fairweather (centre) and Krista Barfoot (left) with President D. Grant Walsom (back). (Photo from the CBN).

A cross-country checkup with panelists from across Canada discussed the changing landscape for excess soils. Speakers include Krista Barfoot (of Jacobs Engineering Group) speaking about Ontario’s proposed guidelines on excess soils, such as the emphasis on the use of excess soil management plans and addressing issues such as situations where there is no beneficial reuse site. Lisa Fairweather spoke about the Alberta’s Remediation Certificate and its impacts on reducing barriers to brownfields development; and Kerri Skelly spoke about British Columbia’s new excess soil regulations and its goals of clarifying rules for businesses moving soil and increasing the opportunity for soil reuse.

Angus Ross (left) with Grant Walsom. (Photo from the CBN).

Before breaking up into working groups, the final presentations reviewed the current state of brownfield development in Canada. Angus Ross, who chaired the original task force, discussed how the National Strategy succeeded in addressing liability issues, financial funding, and building public awareness of brownfields. A major recommendation was the formation of a national brownfield network, which led to the CBN.

Ryerson PhD student Reanne Ridsdale presented findings on a survey of about 6,500 brownfield remediated sites across Canada, where 80 participants were polled, including environmental consultants, government officials, lawyers and financiers.

Reanne Ridsdale presenting the results of the CBN/Ryerson survey. (Photo from the Daily Commercial News).

Following was a presentation by a Ryerson student planning studio group compared brownfield policies of each province, based on criteria such as clear policies, an accessible brownfield site inventory, and incentives for development. Ontario, Quebec, and British Columbia were considered to be very progressive in their policies towards brownfield development, but improvements could still be made across Canada in terms of standardizing rules and policies and producing developer friendly guidelines for site remediation. Then PhD student Reanne Ridsdale talked about the results of the CBN/Ryerson survey of the brownfield community’s view of progress in the last 15 years. Respondents indicated that the CBN is too eastern focused on central and eastern Canada, with little presence in the Prairies, as well as being too research-focussed and not conducting enough outreach.

Charting the Future

The day was capped off with breakout discussion groups to discuss “challenge questions” and allow attendees to contribute ideas to future CBN activities to advance brownfield developments. Challenge question topics included the roles of the federal, provincial, and municipal governments, the development of a brownfield inventory, innovations in brownfield developments, and the societal impacts of brownfield development on communities. One of the key discussion points was for the CBN to promote a “Put Brownfields First” mentality, particularly within governments. This includes developing a financing model/regime for governments to support brownfield developments, particularly in smaller municipalities, as well as to harmonize rules and guidelines for brownfield development. In addition, the CBN should facilitate the education of brownfields to local communities and involve land owners and developers in the process of implementing brownfield policies.

The National Brownfield Summit provided an amazing opportunity for members and attendees to provide input towards the goals of the CBN. More information about the Canadian Brownfields Network can be found at https://canadianbrownfieldsnetwork.ca/ including the summit program and information about the presenters.

Snapshot of the Canadian Brownfields Programs

As reported by Don Proctor in The Daily Commercial News, the federal government has an important role to play in supporting brownfield development, suggests a recent report authored by third-year undergraduate Ryerson University students working on behalf of the Canadian Brownfields Network (CBN).

“There is a sense among industry professionals and academics that the industry as a whole has not progressed as much as it should,” said one of the students, David Sturgeon, at the CBN’s annual conference held recently at the downtown Toronto university campus.

Map of Brownfield Sites in Regina, Saskatchewan

The students conducted a broad snapshot of federal brownfield programs, highlighting cleanup and best practices.

Sturgeon said the student team organized a three-tier rating scoresheet for each province’s progress on brownfields. B.C., Ontario and Quebec got the highest marks. Quebec is a leader because of its incentives-based cleanup programs. One initiative offers 70 per cent funding for onsite remediation work.

Quebec also has an accessible and up-to-date brownfield site inventory, which is a step ahead of other provinces, Sturgeon told delegates.

While the country’s three most populous provinces scored high, the students ranked Alberta lower down, closer to the middle tier.

“It (the Alberta government) has made quite a bit of progress towards cleanup in the last couple of decades,” Sturgeon said. “But where they struggle is helping developers to act sooner than later on idle or vacant contaminated sites.”

The student team was led by Chris De Sousa, the vice-president of the CBN and a professor at the School of Urban and Regional Planning at Ryerson University. De Sousa said the study compiled extensive information on brownfields from federal, provincial and territorial governments. Also reviewed were provincial stakeholder groups and comparisons were made with the U.S. and the United Kingdom.

Reanne Ridsdale, a Ryerson PhD student, conducted research into actual practice versus the objectives outlined in the National Round Table on the Environment and the Economy (NRTEE), founded in the late 1980s. For a survey of about 6,500 brownfield remediated sites across Canada, Ridsdale polled 80 participants, including environmental consultants, government officials, several lawyers and financiers.

Eighty-five per cent of those polled said brownfields were a medium to high priority in their organization.

She said 59 of the 80 respondents indicated Canada would benefit from a national fund for brownfield redevelopment. The top three developmental barriers indicated by respondents deal with remediation costs and lack of information available on site conditions, Ridsdale said.

The survey also supported the CBN as a national organization but some respondents were negative because the CBN does not receive federal funding so its scope is limited.

“We are a little bit eastern-centric,” which is probably because of the lack of funding, Ridsdale told delegates, adding the survey results will be published as part of a white paper this summer.

Angus Ross, chairman of L and A Concepts, chaired two government task forces on brownfields, including one that created the National Brownfield Redevelopment Strategy for Canada in 2003. The findings were not the last word on brownfields “but they did a tremendous job in kickstarting the entire brownfield file in Canada,” he said.

Ross, who was appointed by the federal government in 1996 to head the NRTEE and in 2004 to chair the CBN’s advisory panel, said brownfields became “a household word” in the early 2000s through media reports on the NRTEE.

“We got very immediate provincial and municipal buy-in,” he told delegates at the conference.

Hamilton Waterfront

Global Emergency Spill Response Market – Trends and Forecast

Analytical Research Cognizance recently issued a report on the Global Emergency Spill Response Market.  The report focuses on detailed segmentations of the market, combined with the qualitative and quantitative analysis of each and every aspect of the classification based on type, spill material, spill environment, vertical, and geography.

The report provides a very detailed analysis of the market based on type, the emergency spill response market has been classified into products and services.  The products include booms, skimmers, dispersants and dispersant products, in-situ burning products, sorbents, transfer products, radio communication products, and vacuum products.

The report has a services section that provides a forecast on the future growth of the services sector.  The services segment has been classified into product rental services, waste management services, manpower training services, transportation and disposal services, spill response drill and exercise services, tracking and surveillance services, risk assessments and analysis services, and other services.

Scope of the Report:

This report studies the Emergency Spill Response market status and outlook of global and major regions, from angles of players, countries, product types and end industries; this report analyzes the top players in global market, and splits the Emergency Spill Response market by product type and applications/end industries.

The market is expected to have significant growth in the coming years owing to stringent environmental regulations across the world to reduce the environmental pollution from spills.

Skimmers held the largest market size, in terms of product, primarily due to the increased demand for mechanical recovery methods for spill recovery.  Unlike other methods, the mechanical recovery methods remove the spill material from the spill environment.  Thus, skimmers are more effective in mitigating the environmental impact of the spills.

The global Emergency Spill Response market is valued at 2,530 million USD in 2017 and is expected to reach 3,410 million USD by the end of 2023, growing at a CAGR of 5.1% between 2017 and 2023.

The Asia-Pacific will occupy for more market share in following years, especially in China, fast growing India, and Southeast Asia regions.

North America, especially The United States, will still play an important role which cannot be ignored. Any changes from the United States might affect the development trend of Emergency Spill Response.

 

Innovation in Detecting Oil Spills at Sea

The company ISPAS AS, headquartered in Norway, recently announced that it has developed a Ku-band polarimetric Oil Spill Detection (OSD) radar that can detect oil spills at sea and the open water under most conditions including dead calm.

The radar is specifically developed for this purpose and uses a higher frequency than typical navigational X-band radars.  The radar has electrically steered antennas with both electromagnetic polarizations and can map an oil spill continuously using the steerable antenna.

Radar image (left) of the oil spill (seen on right).

ISPAS has completed the installation of 4 new OSD radars.  The radars small size and weight makes it easy to integrate without large structural foundations.

ISPAS participated in the 2018 “Oil on water” exercise offshore of Norway recently with a small version of the polarimetric Ku-band OSD radar. The small radar performed exceptionally well. An example showing the real time display of radar measurements of oil on seawater onboard a vessel is presented in this picture. The picture to the right presents the actual view of the sea.

The OSD radar