Ontario construction groups launch video series on excess soil management

In southern Ontario, the management and use of excess soil is a growing issue.  There has long been concerns of unscrupulous players wrongly classifying contaminated soil as excess soil and managing it incorrectly.  Likewise, there has been long-standing concerns expressed by those wanting to do the right thing of ambiguous and uncertain rules with respect to determining what is excess soil and how to manage it.  As a result, honest industry participants end up hauling excess soil to landfill that could have otherwise been utilized for useful purposes.

According to data compiled by the the Residential and Civil Construction Alliance of Ontario (RCCAO), Ontario’s  construction market generates almost 26 million cubic metres of excess construction soil every year.  About $2 billion is spent annually to manage excess soil – which comes from civil infrastructure projects such as transit, roads, bridges, sewers, watermains and other utilities.  Even though most municipal roadways contain only minor amounts of salt from winter road treatment, large quantities of soil are often hauled up to 100 kilometres away to designated dump sites, rather than being reused on site or at other nearby construction sites.

“Clean excess soil can be more responsibly managed through better upfront planning,” says Andy Manahan, executive director of the Residential and Civil Construction Alliance of Ontario (RCCAO). “That’s why we co-produced a three-part video series to increase awareness that there are alternatives to the ‘dig, haul long distances and dump’ approach.”

RCCAO teamed up with the Greater Toronto Sewer and Watermain Contractors Association (GTSWCA) to produce this video series to inform the public, government and industry on the benefits of using best management practices. It’s called “The Real Dirt on Dirt: Solutions for Construction Soil Management.”

There are a lot of trucks on the road travelling 60 to 100 kilometres to dump excess soil as a waste material – and that is completely wrong, says Giovanni Cautillo, executive director of GTSWCA.

“It’s not a waste – it’s a reusable resource,” Cautillo says. “When municipalities provide guidance to contractors about where soil from local infrastructure projects can be reused, the costs of handling and disposing of soil can be dramatically reduced. Wherever possible, soil should be reused onsite, but if this is not possible, having an approved reuse site within a close distance saves taxpayers money.”

When best management practices are used, there are fewer trucks travelling long distances, causing less wear and tear to the roads – and less traffic congestion. Fewer trucks on the road reduces greenhouse gas emissions, creating a cleaner, healthier environment.

The Ministry of the Environment, Conservation and Parks (MECP) is currently reviewing draft regulations to help improve ways to manage soil on building and infrastructure projects across the province. Manahan says that “a multi-ministry approach – environment, municipal affairs, transportation, infrastructure and others – will also help to achieve a more coordinated effort.”

CHAR Announces Successful Commissioning of Biocarbon Facility

Andrew White, CEO of CHAR Technologies Ltd.

CHAR Technologies Ltd. (“CHAR”) (YES – TSXV) recently announced that it has successfully commissioned its biocarbon production facility.  CHAR creates two types of biocarbon, an activated charcoal “SulfaCHAR” and a solid biofuel (bio-coal) “CleanFyre.”  At full capacity, the facility will be capable of producing up to 5 tonnes per day of biocarbon.

“Successful commissioning is a very significant milestone for CHAR,” said Andrew White, CEO of CHAR. “We are now able to produce commercial quantities of SulfaCHAR, as well as enough CleanFyre to test as part of our project with ArcelorMittal Dofasco and Walker Environmental.”

The completion of commissioning is the next milestone in CHAR’s Sustainable Development Technology Canada (SDTC) project.  Upon acceptance of the milestone report by SDTC, the next progress payment can be processed.

CleanFyre is a carbon neutral solid biofuel, and through its implementation will allow users to significantly reduce their GHG emissions.  SulfaCHAR is a zero-waste activated charcoal, with application in the desulfurization of renewable natural gas.  Both are made from low-value materials, including anaerobic digestate and wood-based by-products.

About CHAR

CHAR Technologies Ltd. is a cleantech development and services company, specializing in biocarbon development (activated charcoal ‘SulfaCHAR’ and solid biofuel ‘CleanFyre’) and custom equipment for industrial air and water treatment, and providing services in environmental management, site investigation and remediation, engineering, and resource efficiency.

CHAR Pyrolysis Unit, pre-installation and commissioning (Photo Credit: CHAR)

Real-Time Global Radon Map

Airthings, a company specializing in digital radon detectors, recently launched RadonMap.com, a live global Radon map.  The map pulls constantly-updating Radon level data from Airthings’ devices all over North America, Europe ,and beyond to provide current localized analysis and advice – ideal for anyone looking to for the risks associated with radon exposure.

Facts about Radon

Radon is a radioactive gas that occurs naturally when the uranium in soil and rock breaks down. It is invisible, odourless and tasteless. When radon is released from the ground into the outdoor air, it is diluted and is not a concern. However, in enclosed spaces, like homes and offices, it can sometimes accumulate to high levels, which can be a risk to the health of the occupants of the building.

Radon gas breaks down or decays to form radioactive elements that can be inhaled into the lungs. In the lungs, decay continues, creating radioactive particles that release small bursts of energy. This energy is absorbed by nearby lung tissue, damaging the lung cells. When cells are damaged, they have the potential to result in cancer when they reproduce.

Exposure to high levels of radon in indoor air results in an increased risk of developing lung cancer. The risk of cancer depends on the level of radon and how long a person is exposed to those levels.

Exposure to radon and tobacco use together can significantly increase your risk of lung cancer. For example, if you are a lifelong smoker your risk of getting lung cancer is 1 in 10. If you add long term exposure to a high level of radon, your risk becomes 1 in 3. On the other hand, if you are a non-smoker, your lifetime lung cancer risk at the same high radon level is 1 in 20.

Radon Map

RadonMap.com aggregates radon level data from Airthings’ devices dispersed all over the world to provide accurate, local radon readings for users seeking current and reliable insight into the dangerous indoor gas and how much exposure they are subjected to daily.

Previously, gaining an understanding of localized Radon readings was only possible through professionally-administered tests or government data, offering a one-time snapshot rather than a constantly-evolving picture. With the introduction of the Airthings RadonMap.com, radon levels and fluctuations can be tracked accurately through a community of user-generated data. RadonMap.com instantly becomes a very reliable and up-to-date information source available for alerting the public about the presence of Radon in their environments and enabling them to take corrective action, if necessary, before a situation becomes critical.

About Airthings

Airthings is a Norwegian tech company that develops and manufactures both professional and consumer facing technology. These products include monitors for radon and other dangerous indoor air pollutants. The company was founded in 2008.

Insight into the Hazardous Waste Management Industry – A Profile of Clean Harbors Facilities

by David Nguyen – Staff Writer

Clean Harbors is a hazardous waste management company operating across North America. Their location in Mississauga is a hazardous waste terminal and transfer station, receiving, handling, and transporting flammable solids destined to the U.S. for incineration.  Non-flammable solids and liquid hazardous waste is sent to their facility in Lambton, Ontario.  The Lambton facility includes a hazardous waste landfill and a liquid hazardous waste incinerator.

Clean Harbors coordinates hazardous waste management solutions across the Canada-U.S. border.  It is makes business sense for the company to transport flammable solids that are hazardous to its U.S. incinerator instead of having a facility in Canada.  “Liquid injection incinerators are a lot cheaper,” says Mike Parker, Vice President, Canadian Environmental Compliance. “There really isn’t a strong enough market to support [hazardous solid incineration] in Canada.”

Mississauga Site Activities

Carriers bring the hazardous waste to the transfer station, where the manifests and documentation are reviewed to ensure that the facility is permitted to receive the material. Receiving times are typically planned ahead of time to prevent surges of shipments on site. Once off loaded, the waste is sampled to confirm the material profile noted in the manifest and then staged for further processing. The entire staging area is built over sealed drains leading to a blind sump to prevent any spills from leaving the site. “All the liquids from our sumps, even if it’s just rain water… get put into tanks and go down for incineration,” says Parker.

Every drum the facility receives has its contents verified, sampled, and tested. Samples are analyzed for PCBs, pH, ignitability/ flashpoint, sulfide, chloride, oxidation, cyanide, and water reactivity in order to get a profile for the waste, after which a code is attached to the drum to indicate its destination and disposal.

Staging Area (photo by David Nguyen)

This information is stored in their management system that tracks the inventory at their various facilities, including the shipping information and profiles of all items. The information is removed for approval to be received on site. The system also tracks the manifests for the generator, carrier, receiver, and the ministry, internal inspections, and monthly reports to be sent to the ministry.

After sorting and sampling, the waste is safely sorted into various streams for consolidation, bulking, or blending.

“It has to be in the same waste class to mix and match. We can’t mix something flammable with something non-flammable,” says Parker.

“Even if they are in the same waste class, we take samples from each drum, mix it together, and if nothing happens, we can do it” says Erica Carabott, Facility Compliance Manager.

Liquid waste is bulked in tank farms until there is enough to fill a taker truck to be sent to Lambton for incineration. Solid waste is loaded into pits where the material is shredded up, bulked, and mixed with a solidifying agent to take up any free liquids in the solid waste streams.

Lambton Facility Activities 

Many of the materials received at the Mississauga Transfer station are transported to the Clean Harbors Lambton facility offers services including waste neutralization, incineration of hazardous waste, inorganic pre-treatment of hazardous waste, thermal desorption of solid and sludge, and landfill disposal of hazardous waste.

Liquid waste is blended in a controlled neutralization process at the acid and alkali plant before being fed to the incinerator. The liquid waste injection incinerator operates 24 hours a day, 7 days a week, consisting of a fix unit incinerator, a semi-dry spray dryer absorber, and a four-compartment baghouse. The site capacity is about 100 000 tonnes per year and can process pumpable material that does not contain PCBs, pathogens, radioactives, and cylinders.

Lambton Incinerator (Photo Credit: Clean Harbors)

The landfill is situated in natural clay, and accepts a variety of hazardous waste excluding explosives, PCBs, radioactive, pathological wastes, or compressed gasses. Due to the Land Disposal Restriction prohibiting the disposal of untreated hazardous waste on land, Clean Harbors has an inorganic solid pre-treatment processing plant which mixes inorganic waste (primarily metal bearing solids) with reagents to prevent the metals from becoming leachable.

Furthermore, a thermal desorption unit is used to condense and recover water and organics from organic solid waste. The waste is fed into a kiln that heats the waste to 400-450 degrees Celsius to strip the organics from the waste. The vapours are condensed to remove liquid organics during the process, with the remaining emissions vented to the incinerator. The residual solids are then tested for any remaining organics or metals, and then disposed of in the hazardous landfill on site.

“You can understand why it takes a lot of money to treat the stuff in the landfill. It cooks it for about a half hour – that’s a lot of heat and a lot of money” says Parker. “With testing at the front and testing at the end,” adds Carabott .

Clean Harbor’s Lambton Hazardous Waste Landfill (Courtesy: Clean Harbors)

These facilities and processes allow Clean Harbors to work with their clients to develop cost effective solutions to handling and disposing of hazardous waste materials throughout the Great Lakes Basin in both Canada and the United States. In addition, Clean Harbors conducts regular outreach programs with the local community regarding the safe operations and reporting conducted at the Lambton facility.

Special thanks to Mike Parker and Erica Carabott for taking the time to speak with me and show me around the Mississauga Transfer station.

Hepaco acquires Trans Environmental

HEPACO LLC (Charlotte, N.C.), a provider of environmental and emergency response services, has acquired Trans Environmental (Loves Park, Ill.), an environmental remediation, industrial cleaning, and emergency response services company. Trans founders Matt Warneke and Jeff Lonas will continue to lead the company. HEPACO is majority-owned by Gryphon Investors, which purchased it in August 2016. HEPACO has 31 locations in more than 20 states in the Mid-Atlantic and Southeast United States.

HEPACO CEO Ken Smith said, “We are very excited to have completed the strategic acquisition of Trans.  We have been impressed by Trans’ high service quality, outstanding safety culture, blue chip customer base and strong organic growth.”  Mr. Smith added, “The acquisition of Trans benefits customers of both companies as it enables HEPACO to provide emergency response and other environmental services in the greater Chicago area while also allowing Trans’ customers increased geographic coverage capabilities through HEPACO’s operations in the Eastern U.S.”

Mr. Warneke stated, “We are very excited to join the HEPACO team.  The Company’s sterling reputation and financial resources offer a great path to our continued development.   We are looking forward to accelerating the growth opportunities for both our customers and our employees.”

In November 2017, HEPACO acquired Emergency Response & Training Solutions (“ERTS”). Based in Jacksonville, FL, ERTS is a provider of emergency response services to Fortune 500 companies through a national network of third-party vendors.

Concern about Hazmat Incidents at Canada’s Proposed Spaceport

In a joint venture with several US firms, Halifax-based Maritime Launch Services (MLS) is building Canada’s first spaceport near Canso, Nova Scotia. At a total cost of $304 million—a figure that includes the cost of the first rocket launch and promotional expenses—the launch pad is slated to deliver commercial satellites to low Earth orbit aboard Ukrainian-built rockets on a due south trajectory, and at a cost of $60 million per launch.

Stephen Matier, left, president of Maritime Launch Services and Maksym Degtiarov, chief designer of the launch vehicle at the Yuzhnoye Design Bureau, talk with reporters at a meeting of the proposed Spaceport project team in Dartmouth, N.S. on December 11, 2017. (THE CANADIAN PRESS/Andrew Vaughan)

The Canso Spaceport Facility will be 20 hectares in size and is aimed at attracting firms that want to put satellites into orbit for commercial purposes.  The site will include a control centre, launch area and “horizontal integration facility,” where materials will be prepared for the launch and some propellants will be stored

The company would like to launch as many as eight rockets per year starting in 2022.

There are concerns about the spaceport from government experts.  Specifically, concerns related to environmental and health & safety issues.  Recently released documents released by the province detail numerous questions about the planned Canso Spaceport Facility.  Nova Scotia’s environment ministry will not approve the project unless their concerns are addressed.

The specific concerns of the N.S. Environment Ministry is how the company will address an explosion, crash or fuel leak.  According to the recently released government document, a spill would “destroy the impacted ecosystems with no chance of recovery within the next several hundred years.”

According to the Maritime Launch Services proposal, the rockets would use nitrogen tetroxide and unsymmetrical dimenthyl hydrazine, or UDH, for the second portion of their launch into the atmosphere.

A letter from the Canadian Defence Department says the military “does not have sufficient knowledge” to assess the impacts of an accidental discharge of the UDH on the land or surface water, but “suggests an assessment should be completed.”

A professor at the University of British Columbia has raised concerns about an “exceedingly toxic” rocket propellant that will be used at the Canso, N.S., operation. Michael Byers, a political science professor at UBC, said there is a danger associated with UDH — which he said is known in Russia as “the Devil’s Breath.”

Professor Byers stated “If something goes wrong on launch, you know, if the rocket were to tip over and explode, or if there were some kind of spill during transportation or assembly, you’d still have a serious health and environmental concern.”

Other government officials comment that there isn’t enough information in the proposal to assess potential dangers.

Chuck McKenna, a manager with the resource management unit of the provincial Environment Department, says detailed plans on how dangerous goods will be stored and handled weren’t provided.

He says this should include details on the potential effects of a chemical accident, prevention methods and emergency response procedures.

Johnny McPherson, an expert on air quality in the provincial Environment Department, says in his submission that the first stage propellants of a rocket can create “black carbon (soot)” that is “harmful if inhaled because of small particle size and damaging effects.”

The government comments were made in response to the environmental assessment of the project prepared by a consultant.

Nova Scotia Environment Minister Margaret Miller said last week the environmental assessment, submitted in July, didn’t contain sufficient information for her to make a decision on whether to approve the project.

Miller has given the company one year to provide additional information and studies.

The company’s president has said he’s confident the firm will finish the study in response to the concerns raised, and it is “optimistic” it can address the issues raised.

Gaps on the movement of dangerous goods in Northern Canada

As reported by the The Canadian Press, the Canadian federal government says it doesn’t know enough about how, when, and where dangerous goods move through the Canadian North, highlighting the potential risks of a major spill or other disaster.

As a result, the possible effects on public safety and the environment are also unclear, Transport Canada acknowledges.

The department is commissioning a study to help fill in the knowledge gaps and improve readiness when it comes to movement of goods ranging from explosives and flammable liquids to infectious substances and radioactive materials.

The effort will focus on regions north of the 55th parallel as well as on more southerly, but isolated, areas in eastern Manitoba and northern Ontario, says a newly issued call for bids to carry out the study.

The overall goal is to fully identify the hazardous substances transported throughout these areas and the major hubs that link to relevant airports, marine ports, ice roads, railroads, mines, refining sites, manufacturing plants and warehouses.

The information will help Transport Canada pinpoint potential risks and make decisions concerning safety regulations and compliance, the tender notice says.

A stark reminder of the difficulty of moving goods in northern Canada came when the only rail line to Churchill, Man., was flooded and it became impossible to deliver freight overland until an ice road was built.

There are also virtually no freight rail lines north of the 60th parallel, except for rail access to Hay River in the Northwest Territories, the notice says. Considering the seasonal nature of ice roads and ports, there are limited routes for movement of dangerous goods in or out of northern Canada and other remote areas, it adds.

The tenuous nature of northern transportation systems mean there are “gaps in information” about the kinds of dangerous goods transported, the volume of shipments and the sort of emergency response systems available.

“We continuously examine ways to make transportation in Canada safer for all and this assessment is part of our effort to ensure even greater knowledge regarding the handling of goods in the North,” said Transport Canada spokeswoman Annie Joannette.

She declined to provide additional information given the competitive tender process underway.

The most valuable element of the exercise could be the educational process of better informing people about the risks of transporting dangerous substances, said Rob Huebert, a northern studies expert at the University of Calgary.

“It’s always about the follow-through,” he said. “Because you can have all these exercises through the ying-yang, but if you’re not setting up the system properly and then maintaining the system, what’s the point of having it?”

Until now, Canada’s emergency preparedness efforts have largely been focused on maritime response and less on land-based accidents, he said.

“I think a lot of people always forget that the North is an area that is just so different from every place else.”

North American Rail Network (Transportation Safety Board of Canada)

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.