New Guide Details Best HazMat Shipping Practices

Graphic Products, Inc. recently made available a new guide, Best Practice Guide to Shipping Hazardous Materials that helps convey the basics of hazardous material regulation.  From dry cleaners to heavy manufacturers, businesses that create waste must report loads they ship. It requires careful work to keep shipments safe and to protect the neighborhoods and environments these hazardous wastes pass through.

In the guide, Graphic Products, Inc.:

  • Give context for the rules — where they came from, and who they apply to;
  • Describe the labels and placards required for marking shipments;
  • Covers other markings like shipping names and identification numbers; and
  • Explain shipping papers and recordkeeping requirements.

Readers of the Guide will see what each classification means, and how marking and documentation requirements interact.  Readers will also understand the overlaps between the the U.S. Department of Transportation rules and other chemical labeling systems, like GHS and HazCom 2012.  This guide will help you comply with the law, and make your shipments safer.

WSP expands water and environmental expertise in U.S.

WSP Global Inc. (Montreal, Quebec) recently acquired Leggette, Brashears and Graham Inc. (LBG, Shelton, Conn.), a 150-employee groundwater and environmental engineering services firm.  Founded in 1944, LBG has 17 offices and expertise in hydrogeology, groundwater and surface water modeling, dewatering and depressurization, environmental investigation and remediation.  

It is reputed to be the first consulting firm in the United States to specialize in groundwater geology.  The acquisition aligns with WSP’s 2015-2018 Strategic Plan and will bolster WSP’s Water and Environment practice by increasing its groundwater geology capabilities, strengthening its environmental services expertise, and expanding its national footprint.  WSP acquired Schlumberger Water Services in 2016.  Following the LBG acquisition, WSP’s water and environment business line in the United States comprises more than 600 employees in 40 locations across the country.

 

Arcadis achieves U.S. Department of Defense Accreditation

Arcadis, a design and consultancy firm for natural and built assets, recently announced that it achieved U.S. Department of Defense (DoD) accreditation for its Advanced Geophysical Classification (AGC) quality and technical platforms, enabling Arcadis to identify, test and remove explosive hazards at defense sites and avoid costly excavation of non-explosive debris.

Arcadis was accredited by the American Association for Laboratory Accreditation (A2LA) to perform AGC under the DoD AGC Program to perform complex subsurface munitions identification work.  Accreditation is based on the internationally recognized ISO/IEC 17025 standard and is achieved through a multi-step process including the review, assessment and on-site audit of the Arcadis Quality Management System and demonstration of ability to classify subsurface metallic objects as munitions at a DoD test site.

AGC is an innovative approach to munitions response remediation activities because it classifies subsurface objects as unexploded ordnance potentially containing explosive hazards or non-hazardous materials that can be left in the ground.  Using AGC significantly reduces the number of subsurface objects requiring intrusive investigation and reduces remediation completion costs. The DoD anticipates AGC will significantly reduce their environmental liability by millions of dollars and will accelerate the cleanup of defense sites.

AGC has been successfully used at sites across the U.S. for the DoD Environmental Securities Technology Certification Program, the U.S. Army Corps of Engineers and the U.S. Navy, including a contract with the U.S. Army Engineering and Support Center Huntsville to locate and safely remove World War II-era military ordnance from residential and recreational areas at Fort Pierce, Florida.

Aracadis Advanced Geophysical Classification Equipment

 

Canadian company fined $100,000 for contravening dry-cleaning regulations

Recently, Dalex Canada Inc., located in Concord, Ontario, pleaded guilty in the Ontario Court of Justice to one count of contravening the Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations made pursuant to the Canadian Environmental Protection Act, 1999.  Dalex Canada Inc. was fined $100,000, which will be directed to the Environmental Damages Fund.  The Environmental Damages Fund is administered by Environment and Climate Change Canada. Created in 1995, it provides a way to direct funds received as a result of fines, court orders, and voluntary payments to projects that will benefit our natural environment.

Dalex Headquarters, Concord, Ontario

Environment and Climate Change Canada enforcement officers conducted inspections in 2014 and identified instances where tetrachloroethylene was being sold to owners and operators of dry-cleaning facilities who did not meet regulatory standards.  As a result of Environment and Climate Change Canada’s subsequent investigation, Dalex Canada Inc. pleaded guilty to selling tetrachloroethylene to an owner or operator of a dry-cleaning facility who was not in compliance with the regulations.  The regulations prohibit anyone from selling tetrachloroethylene to dry cleaners unless the dry-cleaning facility is compliant with certain sections of the regulations.

In addition to the fine, the court ordered Dalex Canada Inc. to publish an article in an industry publication, subject to Environment and Climate Change Canada’s approval.  Dalex Canada Inc. is also required to notify Environment and Climate Change Canada before resuming sales of the regulated product to dry cleaners. As a result of this conviction, the company’s name will be added to the federal Environmental Offenders Registry.  The Environmental Offenders Registry contains information on convictions of corporations registered for offences committed under certain federal environmental laws.

Tetrachloroethylene, also known as PERC, enters the environment through the atmosphere, where it can damage plants and find its way into ground water.

BC Ministry of the Environment – New Draft Analytical Methods Posted for Review

New draft analytical methods listed below, were developed by the B.C. Environment Ministry with the assistance of the British Columbia Environmental Laboratory Technical Advisory Committee (BCELTAC).  They were recently posted for review and comment to the ministry’s Sampling, Methods & Quality Assurance webpage, BC Environmental Laboratory Manual, “Methods Posted for Review”.

  1. Liquid-Solid Partitioning (Leachability) of VOCs – Prescriptive
  2. Asbestos in Water by Transmission Electron Microscopy (TEM) – Prescriptive
  3. Perfluorinated Alkyl Acids (PFAA) in Soils by LC/MS/MS – PBM
  4. Perfluorinated Alkyl Acids (PFAA) in Water by LC/MS/MS – PBM

The majority of these new draft methods have been developed in support of the Stage 10 (Omnibus) amendment to the B.C. Contaminated Sites Regulation.

The B.C. Ministry of the Environment is asking for comments on the new methods by September 5, 2017.  Comments can be sent to Joyce Austin, Senior Provincial Laboratory Specialist, Knowledge Management Branch at Joyce.Austin@gov.bc.ca.

Technical questions regarding the proposed new method should be directed to: Mark Hugdahl (BCELTAC Chair) at Mark.Hugdahl@alsglobal.com.

 

CHAR Technologies Ltd. Announces Approval of $1 Million Grant

CHAR Technologies Ltd. (the “CHAR”) (YES – TSXV) is pleased to announce that it has been approved for a grant totalling $1 million provided by the Government of Ontario through the Ontario Centres of Excellence (“OCE”). The grant is in support of CHAR’s current SulfaCHAR production project, which has previously received funding and support from both Sustainable Development Technology Canada (“SDTC”) and the Canadian Gas Association (“CGA”).

“This grant will allow CHAR to both redeploy financial resources currently committed to the SulfaCHAR project, while at the same time will allow CHAR to expand the scope of the project,” said Andrew White, CEO of CHAR. “The funding recognizes the carbon-related benefits of the project, and will allow CHAR to more rapidly execute on the production and use of SulfaCHAR.”

Funding will be disbursed on completion of three milestones. CHAR has received initial funding of $237,759, and will receive three additional payments on milestone and project completion.

About CHAR
CHAR is in the business of producing a proprietary activated charcoal like material (“SulfaCHAR”), which can be used to removed hydrogen sulfide from various gas streams (focusing on methane-rich and odorous air). The SulfaCHAR, once used for the gas cleaning application, has further use as a sulfur-enriched biochar for agricultural purposes (saleable soil amendment product).

About OCE
Ontario Centres of Excellence (OCE) drives the commercialization of cutting-edge research across key market sectors to build the economy of tomorrow and secure Ontario’s global competitiveness. In doing this, OCE fosters the training and development of the next generation of innovators and entrepreneurs and is a key partner with Ontario’s industry, universities, colleges, research hospitals, investors and governments. OCE is a key partner in delivering Ontario’s Innovation Agenda as a member of the province’s Ontario Network of Entrepreneurs (ONE). Funded by the Government of Ontario, the ONE is made up of regional and sector-focused organizations and helps Ontario-based entrepreneurs rapidly grow their company and create jobs.

Alberta Proposing to allow Cities to Tax Vacant Brownfields

The Alberta Government recently released proposed changes to the Alberta Municipal Act that, if enacted, would allow for municipalities to tax vacant non-residential property at a higher rate than occupied properties.  The proposal is viewed as a means to spur the development of brownfield properties.

As reported in the Calgary Sun, Edmonton city council is behind the proposal, citing concerns that empty commercial buildings bring down a neighbourhood.  Municipal councillors in Calgary are split on the proposal.

Evan Woolley, a Calgary Councillor, was quoted in the Calgary Sun saying, “I have no interest in raising a new tax on property that can’t be developed. We already know how much property is vacant downtown and raising taxes will only make things worse.”

Calgary Ward 7 councillor Druh Farrell disagrees with her colleague, arguing that raising taxes on business owners who are bringing down the property values for the rest of the community can be an effective way to encourage them to either use the land, or sell it to someone who will.  “We see contaminated sites in high profiles areas, particularly with old gas stations. There’s no incentive to develop it and if it was taxed on highest and best use that would encourage the owner to actually make the most out of it instead of keeping it there as an eyesore,” said Farrell in the Calgary Sun.

Farrell emphasizes that even if the province gives the city power, they won’t necessarily use it, but it’ll be another tool the city can access if they want.

The province hopes to have the amendments come into force prior to October’s municipal election.

The abandoned Eamon’s Camp land in Calgary, Alberta on January 12, 2012. (Photo Credit: Leah Hennel, Calgary Herald)

Canadian Government will clean up Iqaluit dumpsite

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

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

Iqaluit Dump Site (Photo Credit: Steve Decharme)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Hazmat Suits Market Trends to 2022

The Hazmat Suits Market research report, prepared by 360 Market Updates, provides an in-depth study on the current state of the Hazmat Suits Industry.

The Report provides a basic overview of the Hazmat Suits Market including definitions, classifications, applications and chain structure. The Hazmat Suits Industry analysis is provided for the international market including development history, competitive landscape analysis, and major regional development status.

To begin with, the report elaborates Hazmat Suits Market overview.  Various definitions and classification of the industry, applications of industry and chain structure are given. Present day status of the Hazmat Suits Market in key regions is stated and industry policies and news are analysed.

The report focuses on consumption, market share and growth rate of Hazmat Suits in each application and can be divided into two major subcategories.

Hazmat Suits Market analysis report also provides information about the manufacturing process. The process is analysed thoroughly with respect three points, viz. raw material and equipment suppliers, various manufacturing associated costs (material cost, labour cost, etc.) and the actual process.

After the basic information, the report sheds light on the production, production plants, their capacities, production and revenue are studied in the report. Also, the Hazmat Suits Market growth in various regions and R&D status are also covered.

Further in the report, Hazmat Suits Market is examined for price, cost and gross revenue.  These three points are analysed for types, companies and regions. In prolongation with this data sale price for various types, applications and region is also included. The Hazmat Suits Industry consumption for major regions is given.  Additionally, type wise and application wise consumption figures are also given.

Mount Polley Subject To Private Prosecution Due To Province’s Failure To Act

Article by Paula Lombardi from Siskinds LLP

In the fall of 2016 MiningWatch Canada initiated a private prosecution under the Fisheries Act against the British Columbia government and Mount Polley mine as a result of the collapse of the Mount Polley tailings dam in 2014. The failure of the dam resulted in 25 million cubic metres of washwater and mine waste being released downstream into Hazelton Creek, Polley Lake and Qeusnel Lake. The contents of the washwater and mining waste including mercury, lead and other toxic waste.

In the charges, MiningWatch Canada alleged that the dam released mine waste in 2014 directly into British Columbia’s Cariboo region creating a new valley and permanently destroying or altering fish habitat. It is believed that the release of the mine waste has impacted 20 different species of fish.

Mount Polley Mine

In March 2017, MiningWatch’s private prosecution against both the province and Mount Polley Mining was stayed. A lawyer for British Columbia stated that the private prosecution was not in the public interest because the British Columbia Conservation Officer Service, Environment and Climate Change Canada, and Fisheries and Oceans Canada were already investigating the incident.

The newly elected British Columbia government announced the first week of August 2017 that it would not be pursuing charges against the mine before the expiration of three year limitation deadline on the basis that “an investigation was still ongoing.” This decision leaves it solely to the Federal government to determine whether or not to pursue charges against the mine under the Fisheries Act.

On August 4, 2017, three years after the spill of the mine waste, and at the end of the three year limitation period within which the province can initiate charges, Bev Sellars, indigenous activist and former Chief of the Xat’sull First Nation, filed charges against the Mount Polley Mining Corporation. 15 charges in total, 10 under the B.C. Environmental Management Act and 5 under the B.C. Mines Act, were brought by Bev Sellars as part of a private prosecution against Mount Polley. These charges relate to the dumping of contaminated mining waste into the environment and surrounding waterways, and poor and unsafe operational practices contrary to the permits issued to the corporation and the statutory regime. These charges can potentially be taken over by the provincial government. The private prosecution is supported by numerous organizations including MiningWatch Canada, West Coast Environmental Law’s Environmental Dispute Resolution Fund, the Wilderness Committee and the First Nation Women Advocating for Responsible Mining.

B.C’s chief inspector of mines along with an independent panel of engineering experts concluded that the collapse resulted from a poorly designed dam that failed to take into account drainage and erosion failures.

The British Columbia auditor general in its May 2016 report concluded that compliance and enforcement in British Columbia’s Ministry of Mines, Energy and Petroleum Resources and Ministry of Environment and Climate Change were inadequate and “not set up to protect the province from environmental risks.”

The news release relating to the May 2016 report from the Office of the Auditor General of British Columbia stated the following as it relates to the departments audit of compliance and enforcement of the mining sector:

“Almost all of our expectations for a robust compliance and enforcement program were not met,” [says Bellringer]. “The compliance and enforcement activities of both the Ministry of Energy and Mines, and the Ministry of Environment are not set up to protect the province from environmental risks.”

The findings indicate major gaps in resources, planning and tools in both ministries. For example, both ministries have insufficient staff to address a growing number of permits, and staff work with cumbersome and incomplete data systems.

As a result, monitoring and inspections of mines were inadequate to ensure mine operators complied with requirements. Additionally, some mining companies have not provided government with enough financial security deposits to cover potential reclamation costs if a mining company defaults on its obligations. It’s underfunded by over $1 billion – a liability that could potentially fall to taxpayers.
In light of the May 2016 Auditor General’s report, we expect that the goal with the filing of these recent charges would be to encourage the province to take over the charges and enforce its own laws. Under the B. C. Environmental Management Act, the Court can order alternative remedies including but not limited to remediation, compensation and restoration of fish habitat.

 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.

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About the Author

Paula Lombardi is a partner of Siskinds LLP,  and practices in the areas of environmental, municipal, regulatory and administrative law.  Prior to joining Siskinds, Paula worked as an associate at a Bay Street law firm where her practice focused on occupational health and safety, environmental and regulatory matters.

Paula has a great deal of experience in: providing due diligence advice; dealing with contamination issues; handling of organic chemicals and hazardous wastes; obtaining environmental approvals; obtaining planning and development approvals; providing advice to municipalities; defending environmental prosecutions; and assisting companies with environmental and regulatory compliance. Paula has appeared before numerous administrative tribunals.