Environmental No-Fault EPA Orders Compelling Off-Site Investigations are Alive and Well in Ontario

Article by Marc McAree, Partner and Certified Environmental Law Specialist and Anand Srivastava, Associate, with assistance of Matthew Lakatos-Hayward, Student-at-Law, Willms & Shier Environmental Lawyers LLP

Ontario’s Environmental Protection Act (“EPA”), section 18 permits the Ministry of the Environment, Conservation and Parks (“MECP”) Director to issue an Order to any current or former owner or occupier of contaminated property. 

Section 18 Orders are no-fault Orders.  Section 18 Orders do not require the orderee to have any nexus to the polluting activity aside from the orderees’ current or former ownership and/or occupation of a contaminated property.

In Hamilton Beach Brands Canada, Inc. v Ministry of the Environment and Climate Change, [1] the the MECP Director issued a no-fault section 18 Order to the current owner of a contaminated property, former owners of the property, and the current tenant of the property. 

The orderees challenged the broad scope of the Director’s no-fault section 18 Order.  The orderees argued, inter alia, that Section 18 orders are “absurd”. 

The orderees appealed the section 18 Order to the Environmental Review Tribunal (“ERT”).  For purposes of the appeal only, the MECP agreed that the orderees did not cause historic contamination at the source property.

Reading the EPA, section 18 and applying principles of statutory interpretation, the ERT dismissed the orderees’ appeal.  The ERT confirmed that the MECP Director has jurisdiction to issue EPA, section 18 orders where:

  1. the orderees did not own the source property at the time of the contaminating activity
  2. the orderees did not operate at the source property at the time of the contaminating activity
  3. the contamination migrated from the source property to down-gradient, off-site properties
  4. the Order requires investigation and delineation of contamination at down-gradient, off-site properties, and/or
  5. an “adverse effect” (as defined in the EPA) has occurred, is occurring and/or may occur in the future.

The orderees then appealed the ERT’s decision upholding the MECP Director’s Order to the Ontario Superior Court of Justice – Divisional Court.  The orderees argued that the ERT’s decision was wrong and should be reversed on a standard of correctness.

The Divisional Court disagreed with the orderees and held that the ERT’s decision met both the standard of reasonableness (Dunsmuir) and the standard of correctness.

The Divisional Court concluded:

… the [ERT] carefully considered the [orderees’] interpretation … It rejected their interpretation of s. 18.  In doing so, it applied the principle of modern statutory interpretation … The [ERT] decision is transparent, justified and intelligible and falls well within the range of possible outcomes (Dunsmuir at para 47).  The Tribunal’s decision was reasonable and, in my view, correct and consistent with the modern principles of statutory interpretation.[2]

The Ontario Divisional Court upheld the MECP’s jurisdiction to issue no-fault Orders requiring off-site investigation.  

On December 12, 2018, the Ontario Court of Appeal denied the orderees leave to appeal from the Divisional Court’s decision.

The upshot of Hamilton Beach is that Ontario Environmental Protection Act, section 18 no-fault Orders requiring off-site environmental investigation are permitted even where the Orderee did not have any association with the polluting activity aside from the Orderee’s current or former ownership and/or occupation of the contaminated source property.


Footnotes

[1]      14 CELR (4th) 137 (Ont ERT) aff’d 2018 ONSC 5010 (Div Ct); Decision issued September 4, 2018

[2]      2018 ONSC 5010 at para 73.


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.
© Willms & Shier Environmental Lawyers LLP


About the Authors

Marc McAree is a partner at Willms & Shier Environmental Lawyers LLP and a Certified Specialist in Environmental Law.  He provides advice and solutions to a wide range of clients that help them overcome their environmental law and litigation issues. Marc also provides mediation on environmental issues. Marc is admitted to the bars of Ontario and British Columbia. Marc may be reached at 416-862-4820 or by e-mail at mmcaree@willmsshier.com.

Anand Srivastava is an associate at Willms & Shier Environmental Lawyers LLP.  He has expertise in assisting a broad range of clients with environmental law and litigation issues.  Anand draws on his science background to facilitate practical solutions to complex environmental legal issues.  Anand is called to the bar of Ontario. He may be reached at 416-862-4829 or by e-mail at asrivastava@willmsshier.com.

Canadian Federal Government Proposing New Regulations on Cross-border movement of Hazardous Waste

Environment Canada and Climate Change (ECCC), which is the Canadian equivalent of the U.S. Environmental Protection Agency, recently released draft regulations to control the cross-border movement of hazardous waste and hazardous recyclable material. The regulations, if eventually promulgated, would repeal and replace the Export and Import Regulations, the Interprovincial Movement Regulations, and the PCB Waste Export Regulations. Although the proposed Regulations would maintain the core permitting and movement tracking requirements of the former regulations, the regulatory provisions would be amended to ensure greater clarity and consistency of the regulatory requirements.

Electronic Tracking System

The proposed Regulations would provide flexibility for the electronic movement tracking system by no longer prescribing the specific form required for tracking shipments of hazardous waste and hazardous recyclable material. Instead, the proposed Regulations would require specific information to be included in a movement document (that can be generated electronically) and would allow movement document information to be passed on to different parties in parallel to facilitate the tracking rather than prescribing the handover of copies from one party to another.

Furthermore, given that movement documents would be able to be managed electronically, the proposed Regulations would no longer require that the movement document and permit physically accompany the shipment. The proposed Regulations would instead require parties to immediately produce the movement document and the permit upon request. Similar simplifications would be included in the provisions related to the movement document for interprovincial movements of hazardous waste and hazardous recyclable material.

The proposed Regulations would clarify the responsibility of a receiving (importing) facility to pass on information regarding the origin of the hazardous waste and hazardous recyclable material being transferred to a subsequent authorized facility for final disposal or recycling. Clarifications would also be made to the provisions for the return and rerouting of shipments to better align those requirements with current practice and ensure that confirmation of disposal from the alternative facility is also required in order to properly complete the tracking of those shipments.

Definitions of hazardous waste and hazardous recyclable material

With respect to interprovincial movements, under the proposed regulations, the definitions of hazardous waste and hazardous recyclable material would be aligned with those of international movements. In addition, proposed changes to those definitions would ensure a more consistent application of regulatory provisions for all types of transboundary movements and would better align definitions with other jurisdictions and international agreements. Some of these proposed changes are listed below.

Toxicity characteristic leaching procedure

The proposed Regulations would reference the toxicity characteristic leaching procedure (TCLP), in its entirety. This procedure is a standard test method used to evaluate the mobility of a number of contaminants that may be found in waste and recyclable material and, therefore, their potential for release. While making reference to the TCLP, the Export and Import Regulations exclude a step requiring that the size of particles in a sample be reduced to fit into the testing apparatus. In order to ensure that the method is used consistently, hazardous waste and hazardous recyclable material undergoing testing would need to be shredded to meet the TCLP’s specific particle size requirement.

Electrical and electronic equipment

Electrical and electronic equipment (EEE) is not currently listed as hazardous under the Export and Import Regulations and must meet other criteria to fall under the definitions of hazardous waste or hazardous recyclable material, which can be difficult to ascertain. The proposed Regulations would clearly designate “circuit boards and display devices and any equipment that contains them” as hazardous waste or hazardous recyclable material to be controlled when destined for specific disposal or recycling operations. The proposed Regulations would maintain the exclusion currently under the Export and Import Regulations for this type of hazardous waste and hazardous recyclable material moving within OECD countries (including moving between provinces and territories in Canada).

Mercury

The proposed Regulations would remove the small quantity exclusion for hazardous waste and hazardous recyclable material containing mercury. Any waste or material containing any amount of mercury that meets the definitions of hazardous waste or hazardous recyclable material would be subject to the regulatory provisions for both international and interprovincial movements.

Batteries

Batteries are not currently listed as hazardous under the Export and Import Regulations and must meet other criteria to fall under the definitions of hazardous waste or hazardous recyclable material. Some types of batteries are clearly covered by the definitions; however, for some other types it is not clear. The proposed Regulations would clarify that all types of batteries (i.e. rechargeable and non-rechargeable) being shipped internationally or interprovincially for disposal or recycling are included in the definitions of hazardous waste and hazardous recyclable material.

Terrapure Battery Recycling Facility

Waste and recyclable material generated on ships

The proposed Regulations would add a new exclusion to clarify that waste or recyclable material generated from the normal operations of a ship is not captured by the definitions of hazardous waste and hazardous recyclable material. This exclusion would further harmonize the proposed Regulations with the Basel Convention (which excludes this waste) and the Canada Shipping Act, 2001 where this waste is already covered.

Residual quantities

The proposed Regulations would add a new exclusion for waste or recyclable material that is to be transported in a container after the contents of that container have been removed to the maximum extent feasible and before the container is either refilled or cleaned of its residual content. This exclusion would clarify that such waste or recyclable material is not captured by the definitions of hazardous waste and hazardous recyclable material.

Recycling operation R14

Over the years, ECCC has received numerous questions regarding recycling operation R14 found in Schedule 2 of the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations. Section 2 R14 reads as follows : “Recovery or regeneration of a substance or use or re-use of a recyclable material, other than by any of operations R1 to R10”. This recycling operation is not included in the Basel Convention or the OECD Decision.  ECCC is proposing to delete this part of operation R14 to remove uncertainty about its application.  This change may result in some recyclable material no longer being captured and defined as hazardous.  For example, a used material that is to be used directly in another process that is not listed as a recycling operation would no longer be captured. 
This change would further align regulatory provisions with international guidelines under the Basel Convention.


Exports, Imports and Transits of Hazardous Waste and Hazardous Recyclable Material 2003-2012

Proposed changes regarding waste containing PCBs

The regulatory provisions for the export of waste containing PCBs would be streamlined and integrated into those for hazardous waste and hazardous recyclable material. This would include removing the partial prohibition on exports of waste containing PCBs in a concentration equal to or greater than 50 mg/kg to allow controlled exports beyond the United States. Therefore, waste and recyclable material containing PCBs in a concentration equal to or greater than 50 mg/kg would be able to be exported provided a permit is obtained and all of the conditions of the proposed Regulations are met.

Proposed changes to improve the permitting process

The proposed Regulations would no longer require the name of the insurance company and the policy number for the exporter, the importer and carriers with the notification (i.e. permit application). In addition, copies of the contracts would no longer need to be provided with the notification. In both cases, the applicant would be required to provide a statement to the effect that valid insurance policies and contracts are in place and to keep proof of insurance coverage and copies of contracts at their place of business in Canada for five years.

The proposed Regulations would require a new notification for any changes in information, other than correcting clerical errors, on a permit.

The proposed Regulations would increase the maximum duration of a permit from 12 months to 3 years, consistent with international agreements, for the movement of hazardous recyclable material directed to pre-consented facilities within OECD countries.

The proposed Regulations would set out conditions under which a permit may be refused, suspended or revoked.

Impacts on Business – Costs and Operations

According to the consultation documents prepared by ECCC, the proposed Regulations, if promulgated, would affect 295 companies, 281 of which would be considered small businesses. For these small businesses, the proposed Regulations are expected to result in incremental compliance and administrative costs of $296,000 in average annualized costs, that is, $1,070 per small business.

If the proposed Regulations are implemented, it would result in an clarifications to the definitions of hazardous waste and would ensure a more consistent application of regulatory provisions. In addition, the proposed Regulations would help minimize environmental impacts outside Canada by ensuring that exported hazardous waste and hazardous recyclable material reach the intended disposal or recycling facilities. The present value of compliance and administrative costs of the proposed Regulations would be $2.5 million in 2017 Canadian dollars, discounted at 3% to 2018 over a 10-year period between 2021 and 2030.

The proposed Regulations would impose incremental administrative costs on industry attributable to the completion of additional movement documents for interprovincial movements of hazardous waste and hazardous recyclable material. Provincial and territorial authorities that are using a tracking system would achieve small savings if they decided not to request movement document information. The present value of administrative costs of the proposed Regulations are expected to be $460,000 in 2017 Canadian dollars, discounted at 3% to 2018, over a 10-year period between 2021 and 2030.

Public Consultation

Public comments to the proposed Regulations are being accepted by ECCC until up to mid-February. Any person may file with the Minister of the Environment comments with respect to the proposed Regulations or a notice of objection requesting that a board of review be established under section 333 of the Canadian Environmental Protection Act, 1999 and stating the reasons for the objection. All comments and notices must cite the Canada Gazette, Part I, and the date of publication of this notice, and be sent by mail to Nathalie Perron, Director, Waste Reduction and Management Division, Environmental Protection Branch, Department of the Environment, 351 Saint-Joseph Blvd., Gatineau, Quebec K1A 0H3 (fax: 819-938-4553; email: ec.mt-tm.ec@canada.ca).

Proposed Changes to Ontario’s Toxics Reduction Program

The Ontario Ministry of the Environment, Conservation Parks (MOECP) recently issued a proposal that will change the regulation (O. Reg. 455/09) under the Toxics Reduction Act , 2009. Under the proposed regulatory amendments, the following changes would be implemented:

  • facilities with existing toxics reduction plans would no longer be required to conduct reviews of those plans;
  • certain facilities would be exempt from all future planning and reporting obligations for certain substances; and
  • facilities with existing plans would still be obligated to maintain annual reporting requirements.

The proposed exemptions would apply to the following facilities:

  • Facilities that have never planned or reported under the program, but now meet the reporting threshold for one or more toxic substances; or
  • Facilities that have been out of the program for three or more years for a toxic substance, but are coming back into the program because they meet a reporting threshold again; or
  • Facilities that are currently planning and reporting under the program, and now meet the reporting thresholds for a new toxic substance at the facility.

With respect to substances, the proposed exemptions would apply to the following obligations:

  • Creating a toxic reduction plan;
  • Tracking and quantifying toxic substances;
  • Annual Reporting on planned reductions; and
  • Reviewing the toxic reduction plan.

The rationale for the proposed changes to the regulation is that it overlaps with federal reporting requirements. The Ontario Toxics Reduction Program requires industry to report publicly on their use of toxic substances, and identify options to reduce those substances through toxic reduction plans. The Canadian federal Chemicals Management Plan requires industry to reduce the use and/or release of certain toxic substances. The federal approach is more comprehensive than the existing provincial program.

Another rationale for amending the regulation is that the MOECP claims that the Toxics Reduction Program has not achieved meaningful reductions. Preliminary results compiled by the MOECP indicate an overall reduction of 0.04% of substances used, created and released for all regulated facilities.

A costing analysis was carried out by the MOECP in conjunction with the Ministry of Economic Development, Job Creation and Trade, and it was found that the annual average net savings of this proposal will far exceed the annual average administrative costs.

The MOECP cost analysis estimated that the regulatory proposal will cost current facilities an annual average administrative cost of $818,000 to learn about the changes to the regulations and to continue reporting on existing toxics substances until 2021. These costs are offset by the total annual average administrative net savings of approximately $4 million for all facilities to stop planning and for the program to end in 2021 (when the federal government has completed its chemical assessments and taken action on many toxic substances). All cost analysis was calculated as Average Annual Present Value costs discounted at 2.5% over 10 years.

Toxics Reduction Program Map

The Ontario government maintains a website that shows the locations of facilities subject to the Toxics Reduction Act, 2009, the number of facilities with plans to reduce toxics use, and information on the number of toxics reported. Users of the website can search for for and access information from Ontario facilities that use, create, release, dispose and recycle toxic substances. They can also learn more about these substances and how facilities are taking action to reduce their creation and use to protect the environment and human health. Finally, users of the website can search by location, facility, or public health unit and use the advanced search filters such as year, sector or substance to improve your search results.

Public Comment Period Ends January 20th

The MOECP is accepting public comments to the proposal until January 20th, 2019. Comments can be submitted online or to Michael Friesen of the MOECP (416-314-0131).

Clean-up of Potential CFL Stadium Site for Halifax Schooners

Shannon Park is located in Dartmouth, Nova Scotia, across the bay from Halifax. It is the the site of a former military housing complex. Environmental studies show that the site is contaminated with approximately 24,000 tonnes of soil containing arsenic and hydrocarbons.

The site has been empty since 2003. In 2014, it was purchased by Canada Lands Company, a federal crown corporation. In 2017, all buildings on the site were demolished.

In November 2018, the federal government issued tender documents for remediation of the site with the goal of it being cleaned up by the spring of 2019.

In December, it was announced that Dexter Construction Company Ltd. was recently awarded a contract to excavate, transport, and dispose of the contaminated soil from the Shannon Park site. They are also required to backfill the excavated area with clean fill as part of the contract. The value of contract is $900,933.

Dexter Construction, located in nearby Bedford, is the largest civil contractor in Nova Scotia with over 40 years of experience in infrastructure, mining, and the environment. Dexter Construction Company Limited is a subsidiary of Municipal Enterprises Limited and is the construction arm of the Municipal Group of Companies.

Previous environmental projects that Dexter Construction has been involved with include the Halifax Regional Municipality landfill development and the Halifax Harbour sewage treatment system construction.

With respect to the site being the home to a new stadium for the Halifax Schooners of the Canadian Football League, there is much to be done including the football team purchasing the land, raising $200 million to build the stadium, and getting approval for construction.

Plan for Football Stadium at Shannon Park, Dartmouth

Technology Simultaneously Measures 71 Elements in Water

Researchers at New York University (NYU) recently developed a new method for simultaneous measurement of 71 inorganic elements in liquids — including groundwater. The method, utilizing sequential inductively coupled plasma-mass spectrometry, makes element testing much faster, more efficient, and more comprehensive than was possible in the past.

The NYU researchers studied samples of liquid from a variety of sources worldwide, including tap water from a New York City suburb, snow from Italy and Croatia, rain from Brazil and Pakistan, lake water from Switzerland and Croatia, and seawater from Japan and Brazil.  Testing each sample results in a distinct elemental pattern, creating a “fingerprint” that can help differentiate between substances or trace a liquid back to its environmental origin.

The method—developed by researchers at the isotope laboratory of NYU College of Dentistry and described in the journal RSC Advances, published by the Royal Society of Chemistry—may be used to explore and understand the distribution of inorganic elements beyond the few that are typically measured. It has implications for fields such as nutrition, ecology and climate science, and environmental health.

An analytical technique called inductively coupled plasma mass spectrometry (ICP-MS) is used to measure elements. Historically, ICP-MS instruments have measured elements sequentially, or one by one, but a new type of ICP‐MS instrument at NYU College of Dentistry and roughly two dozen other places around the world has the potential to measure the complete range of inorganic elements all at once.

NYU ICP-MS

“Because of this new method, our mass spectrometer can simultaneously measure all inorganic elements from lithium to uranium. We’re able to measure the elements in far less time, at far less expense, using far less material,” said Timothy Bromage, professor of biomaterials and of basic science and craniofacial biology at NYU College of Dentistry and the study’s senior author.

This technological advancement may help to fill gaps in our understanding of element distributions and concentrations in substances like water. For instance, the U.S. Environmental Protection Agency monitors and sets maximum concentration limits for 19 elements in drinking water considered to be health risks, yet many elements known to have health consequences—such as lithium or tin—are neither monitored nor regulated.

“The elemental mapping of concentration levels in bottled and tap water could help to increase our understanding of ‘normal’ concentration levels of most elements in water,” said Bromage.

Bromage and his colleagues designed a method for using simultaneous ICP-MS to detect 71 elements of the inorganic spectrum involving a specific set of calibration and internal standards. The method, for which they have a patent pending, routinely detects elements in seconds to several minutes and in samples as small as 1 to 4 milliliters.

In each sample,​ Bromage and ​his team found ​a distinct ​“​fingerprint”​ or elemental ​pattern, ​suggesting that ​samples can be ​recognized and ​differentiated ​by these ​patterns. The ​elemental ​content of ​water, for ​example, ​typically ​reflects its ​natural ​environment, so ​understanding ​the elemental ​composition can ​tell us if ​water had its ​origins from a ​source with ​volcanic rock ​versus ​limestone, an ​alkaline rock.

GFL Fined $300,000 for illegal sale of PERC

On December 10, 2018, GFL Environmental Inc. was sentenced after pleading guilty in the Ontario Court of Justice to violating federal environmental legislation. The company was fined $300,000.

The charges were laid January 2017 after inspectors determined that GFL had supplied tetrachloroethylene, also known as PERC, to nine dry cleaning operations in Toronto, Newmarket, Scarborough, Mississauga, Waterloo, London and Cambridge that had not adhered to containment measures required by law.  According to an indictment filed with the court at that time, infractions noted by enforcement officers included inadequate wastewater containment systems and floor drain plugs that were not resistant to PERC.

The company, along with president and CEO Patrick Dovigi, vice-president of sales and marketing John Petlichkovski, and Louie Servos, identified as a GFL employee, were each charged with 16 counts under the Canadian Environmental Protection Act, 1999, according to the indictment.

The resolution presented in court on December 10th saw GFL pleading guilty to two counts. The remaining charges were withdrawn at the request of the Crown.

After an investigation led by Environment and Climate Change Canada enforcement officers, charges were laid and GFL Environmental Inc. pleaded guilty to two counts of contravening the Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations (SOR 203/79) under the Canadian Environmental Protection Act, 1999 for selling tetrachloroethylene, commonly referred to as “PERC” to owners or operators of dry-cleaning facilities that did not meet regulatory standards.

GFL was fined $150,000 for each offence; the minimum fine for a first-time offender is $100,000. The Canadian Environmental Protection Act, 1999 allows courts to fine offenders up to a maximum of $4 million.

SOR 203/79 prohibits anyone from selling tetrachloroethylene to dry cleaners unless the dry-cleaning facility is compliant with the equipment specifications set out in the Regulations, which aim to reduce releases into the environment.

dry cleaning equipment

The Regulations are unique in that in places the onus of the seller of “PERC” to ensure that the buyer (typically dry cleaning facilities) have the proper equipment and training to prevent the release of PERC into the environment.

Tetrachloroethylene, used commercially since the early 1900s, has been an important chlorinated solvent worldwide. Tetrachloroethylene is a colourless, volatile liquid with an ether-like odour. It is also commonly referred to as perchloroethylene or PERC.

The most important routes of exposure to tetrachloroethylene for the general public are ingesting contaminated water and inhaling ambient air.  Improper disposal and releases from dry cleaning facilities and landfills can lead to groundwater contamination and potential environmental exposures.

PERC is a dense non-aqueous phase liquid (DNAPL), meaning that it is only slightly soluble and more dense than water.  When released in the subsurface, it will migrate downward, adsorbing into soil particles, slightly dissolving into groundwater, and eventually making its way to bedrock where it will pool and continue to dissolve into the groundwater.  As a result, PERC is very difficult to remediate from the subsurface.

As a result of this conviction, GFL Environmental Inc. will be added to the Environmental Offenders Registry.

The $300,000 fine will be directed to the Environmental Damages Fund.  The Environmental Damages Fund (EDF) is a specified purpose account, administered by Environment Canada, to provide a mechanism for directing funds received as a result of fines, court orders, and voluntary payments to priority projects that will benefit our natural environment. The Environmental Damages Fund (EDF) follows the Polluter Pays Principle to help ensure that those who cause environmental damage or harm to wildlife take responsibility for their actions.

Englobe and DST Join Forces

Englobe Corp. (“Englobe”), a Canadian-based company specializing in Soils, Material and Environmental Engineering, with an established network of more than 55 offices and 30 laboratories across Canada, recently acquired DST Group Inc. (“DST”). DST is a consulting engineering firm founded over 60 years ago with more than 165 employees and nine offices across Ontario and Western Canada. By joining forces, Englobe and DST increase their footprints with 14 offices and 350 staff in Ontario and nearly 160 staff across six offices in Western Canada.

Both companies will be well positioned to offer complementary services and expertise to each other’s clients in both geographical areas, including municipalities, provincial and federal governments, and private sector clients.

“DST shares the same important values as Englobe – focusing on our employees, offering innovative solutions to our clients and emphasizing high-quality project management. We are very happy to have found a partner in Englobe with whom we can build upon our mutual strengths and provide exciting new opportunities to both employees and clients. Our enhanced service offering in the regions will benefit clients nationwide,” says Maurice Graveline, former CEO of DST and new Vice President Operations Ontario at Englobe.

Stephen Montminy, Englobe Co-President, says: “We are extremely pleased to welcome DST to the Englobe family. Its well-established reputation will contribute to consolidating our presence in Ontario and Western Canada and I look forward to seeing the beneficial impacts as we grow together. This is an exciting continuation of our pan-Canadian growth path and creates many new jobs and business opportunities.”

In November, Englobe Corp eacquired McIntosh Lalani Engineering Ltd, a Calgary-based consulting engineering business specializing in geotechnical engineering and materials testing services.  McIntosh Lalani, established in 1997, will continue to operate under its existing name.

Englobe is backed by ONCAP, the mid-market investment arm of Canadian private equity firm Onex Corp. ONCAP invested in 2006 and later partnered in Englobe’s acquisitions and go-private deal in 2011.

Englobe Soil Treatment Facility

About Englobe Corp. and DST, a division of Englobe Corp.

Englobe offers a full range of services and solutions in soils, material and environmental engineering ranging from project design and environmental impact surveys, to technical know-how and consulting to, ultimately, regenerating the earth. The firm provides integrated, sustainable and innovative solutions designed to exceed the expectations of its clients, in both private and public sectors, who are looking for reliable technical expertise, know-how and capabilities customized to each of their projects. Englobe is proud to leverage more than 50 years of achievements in Canada, France and UK to go beyond expertise by empowering its dedicated people to share their work and passion for the benefit of our partners, communities and the environment. englobecorp.com

DST Group Inc. is a consulting engineering firm specializing in Environmental Engineering/Science, Hazardous Materials Consulting, Geotechnical Engineering, Construction Materials Testing, and collectively, Facilities Blasting/Demolition Engineering/Acoustics & Vibration Monitoring. The firm provides services in Ontario and Western Canada. DST was established in 1956 and is an employee-owned firm. dstgroup.com

Canadian NCC Awards Contracts for Environmental Site Assessment

The Canadian National Capital Commission recently award contracts to a number of environmental consulting firms to conduct environmental assessment of contaminated sites in Ottawa.  A number of firms were awarded contracts of $833,333 for providing contaminated site assessment services.  The firms were DST Consulting Engineers Inc., Geofirma Engineering Ltd., GHD Ltd., Golder Associates Ltd., SNC-Lavelin Inc., and Terrapex Environmental Ltd.

Under the contracts, the NCC may request as part of the purchase order process, but is not necessarily limited to the following consultant services under the resulting Agreements:

  • Provide environmental reports (either English or French);
  • Contaminated Site Identification and characterization associated with various sources of contamination;
  • Historical review of site activities, including consultation with municipal, provincial and federal regulatory agencies;
  • Field surveys;
  • Site investigations (sampling of contaminated or potentially contaminated media);
  • All parameters analyzed should be compared to both the Canadian Council of Ministers of the Environment (CCME) Federal Guidelines as well as the applicable provincial criteria;
  • Interpretation of laboratory analyses;
  • Contaminated area delineation for soil and groundwater, which includes coloured maps that clearly identify and illustrate the testing locations, the contaminants found, the dimensions of the contaminated volumes and the affected area;
  • Recommendations of further investigations, if required, with all the associated costs;
  • Provide guidance and expertise with Federal Regulation compliance;
  • Provide maintenance and repair services for existing monitoring infrastructure;
  • Evaluation of remediation technologies, which includes, identifying the different remediation options and the costs associated;
  • Evaluation of strategies to optimize recycling of material during remediation projects;
  • Completion of risk assessments (human health and ecological) under federal and provincial guidelines;
  • Provide Engineering Plans and Specification documents for remediation and construction projects (French & English);
  • Provide site surveillance during remediation and construction activities;
  • Provide project management and construction management services;
  • Provide landfill engineering and management services; and,
  • Provide long-term management strategies for complex contaminated sites.

The NCC has a number of development and rehabilitation projects underway in Ottawa including the redevelopment of LeBreton Flats, a property just west of Parliament Hill in Ottawa.  The property is contaminated from historical industrial activity and must be remediated before it can be redeveloped into a commercial and residential community.

In the past, the NCC spent $6.7 million to decontaminate the soil on a 5.7-hectare site. The process involved removing and remediating 110,000 cubic metres of soil.

With the current area awaiting remediation being just over three times that size at 21 hectares, RendezVous LeBreton, the development company that is partnering with the NCC to develop the site, has a considerably larger and undoubtedly more expensive amount of soil to remediate.

As of the Spring of 2018, the total cost of the soil decontamination at LeBreton Flats is undetermined at this time, but is estimated to be around $170 million, according to RendezVous LeBreton Group.

The empty land in LeBreton Flats awaits its redevelopment, but the soil that lies beneath its surface is in need of a cleanup, as well. Photo By: Meaghan Richens, Centretown News

 

Business Opportunities for Environmental Research and Development

The United States Department of Defense’s Strategic Environmental Research and Development Program (SERDP) is seeking environmental research and development proposals for funding beginning in FY 2020. Projects will be selected through a competitive process. The Core Solicitation provides funding opportunities for basic and applied research and advanced technology development. Core projects vary in cost and duration consistent with the scope of the work proposed.

The Statements of Need (SON) referenced by this solicitation request proposals related to the SERDP program areas of Environmental Restoration (ER), Munitions Response (MR), Resource Conservation and Resiliency (RC), and Weapons Systems and Platforms (WP).

The SERDP Exploratory Development (SEED) Solicitation provides funding opportunities for work that will investigate innovative environmental approaches that entail high technical risk or require supporting data to provide proof of concept.

Funding is limited to not more than $200,000 and projects are approximately one year in duration. This year, SERDP is requesting SEED proposals for the Munitions Response and Weapons Systems and Platforms program areas. All Core pre-proposals are due January 8, 2019. SEED proposals are due March 5, 2019. For more information and application instructions, see https://www.serdp-estcp.org/Funding-Opportunities/SERDP-Solicitations.

Environmental Industry M&A in 2018

Environmental Business International, Inc. (EBJ) recently published the 2018 Environmental Industry Mergers and Acquisitions.  The book provides an in-depth analysis of the mergers and acquisitions (M&A’s) that have occurred in the environmental industry in 2018.  Included in the publication are discussions on Stantec’s additions in the UK, Australia and New Zealand along with cultural fit in employee-ownership model at Golder.

The publication states that experts are calling 2018 as the “strongest year we have seen in this decade” with respect to M&A’s in the environment industry. According to the findings in the publication, M&A activity is at record levels and is up 20% over 2017. Some experts assert that Merger & Acquisition activity may be cresting in 2018, but many experts and deal-makers see scope for continued pace. Generally optimistic outlooks drive investment strategies of companies, private equity firms and corporate acquirers, but acquirers and sellers keep their correction contingency plans close at hand.

According the findings in the report, analysts, management consultants and investment bankers report that multiple factors are aligned to continue the strong pace of M&A and high valuations,

Exhibits in this 2018 Environmental Industry Mergers and Acquisitions edition of EBJ include:

  • Consolidation of U.S. C&E Industry 1990-2017
  • Top 10 U.S. Remediation Firms 2000-2016 (Gross Revenues in $mil)
  • Share of Top Companies in U.S. C&E Industry 2000-2017
  • Top 5 & 10 U.S. Environmental C&E Firms 1995-2017(Gross Environmental C&E Revenues in $mil)
  • A Decade of US M&A Activity in the AEC Industry
  • 2007-2018 Interstate M&A Deal Flow in AEC
  • 2018 Year-to-Date Heat Map of Regional AEC M&A Activity
  • Influence of Publicly-Traded Buyers in AEC M&A, 2007-2018
  • Influence of Private Equity in AEC M&A, 2013-2018
  • Most Prolific Buyers (2011 – YTD 2018)
  • Several revenue history and acquisition lists for profiled companies
  • Levels of Interest That Help Determine Value in AE Firms
  • U.S. M&A Activity in Environmental and Industrial Services: 2009-2018
  • M&A Activity in Environmental Services: Special Waste & Environmental Engineering & Consulting

For more information on the environmental C&E industry, visit Reports & DataPacks page.