ERIS Introduces Environmental Data Package for Mexico

In an effort to further expand coverage of North America, ERIS recently announced the launch of The Mexico Package for property due diligence, including: Database Reports, Fire Insurance Maps (FIMs), Aerials and a current Topographic Map.

MEXICO DATABASE REPORT
• Offers the familiar and easy-to-use format of the Canadian version, including an Executive Summary, a Detail Report, a map of the project property and surrounding sites within the search radius (for 1 mile), an Aerial, current Topo Map, and Unplottables.
Hyperlinked Page Numbers (in the Table of Contents and Executive Summary), Map Keys and Data Sources, to quickly access detailed information and/or the Definitions section.
• Searches 11 essential data sources, including gas stations; PCBs; collection, storage, use and disposal of hazardous industrial wastes and emissions to air, water and soil.
• Future enhancements will include Historical Topographic Maps.

MEXICO FIRE INSURANCE MAPS (FIMs)
FIM images are included in The Mexico Package, and where not available, a no records found letter will be provided for your due diligence.

MEXICO AERIALS
ERIS maintains a significant collection of Aerials, from 1991 to present day, covering all of Mexico.

PRICING
The Mexico Package: $300 USD

HOW TO ORDER
Order through your Regional Account Manager.

 

Guidance on Characterization and Remediation of Fractured Rock

The U.S. Interstate Technology and Regulatory Council (ITRC) recently released its newest guidance document, Characterization and Remediation of Fractured Rock.  The guidance addresses significant advances in skills, tools, and lessons-learned in understanding contaminant flow and transport in fractured rock environments.  If the unique characteristics of fractured rock sites are understood, then modern tools and approaches can be applied to successfully set and meet characterization and remediation goals at these sites.

Contaminated fractured rock sites have often been considered too complex to be remediated, so site managers often default to simply containing the contamination. This guidance provides a high-level introduction to the unique puzzle faced when investigating and remediating fractured rock sites. With the new strategies and technologies presented here, fractured bedrock challenges that may have prevented site remediation in the past are now surmountable.

The guidance begins with a general discussion of fractured rock characteristics and a comparison of fractured rock and porous media CSMs. The guidance further introduces the parameters necessary for developing a fractured rock CSM and stresses the need for an experienced multidisciplinary team. The 21-Compartment Model is also introduced. This model is an adaptation of the 14-Compartment Model (Sale 2011) for unconsolidated materials. This model helps its users to visualize and understand contaminant storage, flux, and flow pathways in fractured rock.

Understanding contaminant fate and transport in fractured rock allows site managers to develop a robust CSM that can guide remediation. Specific geology and lithology and structure control the unique mechanics of fluid flow in fractured rock. In addition to these physical properties, chemical properties affect fate and transport and are equally important in developing the CSM.

This guidance details specific steps in solving the puzzle of fractured rock contaminant fate and transport, including:

  • reviewing and refining the CSM
  • defining the characterization problem
  • identifying significant data gaps
  • defining data collection objectives
  • identifying potential tools for data collection
  • developing and implementing the work plan
  • managing, interpreting, and presenting the data

A downloadable and searchable Tools Selection Worksheet is provided , which was initially used in ISC-1 (ITRC 2015b). The Tools Selection Worksheet allows users to screen for tools to address specific data needs and collect qualitative, semiquantitative or quantitative data as needed. The Tools Selection Worksheet links to detailed descriptions of all the tools and to references for further information. The guidance describes how data can be managed, interpreted, and displayed. Table 5-4 presents valuable lessons learned from real-world fractured rock characterization and remediation projects.

As a CSM nears completion, the guidance offers direction for developing remedial objectives and strategies. A table shows how to assess the different remedial strategies that may address mass stored in the compartments described in the 21-Compartment Model.

Strategies for monitoring contamination for compliance, system operation, and performance are also provided. The guidance explains how to design a monitoring well network that will provide the data needed to understand site conditions, remedy performance, and compliance.

When applied properly, mathematical models are powerful tools for understanding contaminant flow. Chapter 8 describes various model types, proper application, data needs, calibration, sensitivity, and limitations.

Finally, a discussion on stakeholder and regulatory considerations are presented, followed by a collection of case studies that demonstrate practical application of the concepts presented throughout the guidance.

Click HERE to access the document.

Ontario Waste Disposal Site fined $105,000 for Failing to comply with a Court Order

Tony DePasquale and Copper Cliff Metals and Wrecking Corp. recently plead guilty to one offence under the Ontario Environmental Protection Act (EPA) for failing to comply with a Court Order to remove waste from a site.  The defendants were fined a total of $105,000 plus a victim fine surcharge of $26,250.

Tony DePasquale is the sole Director and Chief Executive Officer of Copper Cliff Metals and Wrecking Corp., which operated an approved waste disposal site on Twenty Rd. in the Regional Municipality of Niagara.

On April 8, 2010, the ministry issued a ministry order to both defendants ordering the removal of waste located on the site.  The Order was not complied with, which resulted in charges and convictions against both defendants.

As part of the conviction, the court issued a Section 190 Court Order against Mr. DePasquale and the Copper Cliff Metals and Wrecking Corp., which mandated the removal of waste pile # 16 from the site.  The order also required the waste be disposed of properly and that the defendants provide documentation and proof of removal, to the ministry by June 22, 2013.  The Court Order was not complied with.  The incidents were referred to the ministry’s Investigations and Enforcement Branch, resulting in charges and one conviction against each defendant.

The waste pile has now been removed.

U.S. Federal Brownfield Legislation: U.S. House of Representatives Passes Amendments

By Walter Wright, Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

The U.S. House of Representatives (“House”) on November 30th passed amendments that would address the federal Brownfield program.

H.R. 3017 is titled the “Brownfields Enhancement, Economic Redevelopment, and Reauthorization Act of 2017” (“H.R. 3017”).

H.R. 3017 amends the Comprehensive Environmental Response, Compensation, and Liability Act and reauthorizes the United States Environmental Protection Agency’s (“EPA”)Brownfield Program.  The legislation appears to have bipartisan support.

Residential, commercial, agricultural and industrial properties are sometimes difficult to sell, redevelop, and/or finance because of perceived or real environmental contamination issues. Properties or facilities subject to such impediments are typically called “Brownfields.”

The EPA has defined a “Brownfield” as “abandoned, idled, or under-used industrial or commercial facilities where expansion or redevelopment is complicated by real or perceived environmental contamination.” Besides EPA, many states have Brownfield programs whose purpose is to eliminate unnecessary barriers of the redevelopment of commercial or industrial properties which may have environmental concerns. Arkansas has had such a program for several years.

H.R. 3017 makes several changes to the federal Brownfield related statutory provisions, which include:

  • Clarifies the liability of states and local units of government that take title to property involuntarily by virtue of their function as a sovereign
  • Clarifies when sites contaminated by petroleum may be considered a Brownfield site and when a leaseholder may qualify for certain liability protections
  • Expands eligibility for nonprofit organizations and for eligible entities that took title to a Brownfield site prior to January 11, 2001
  • Increases the limit for remediation grants under the Brownfields Program, establishes multipurpose grants and allows recovery of a limited administrative cost
  • Adds to the list of criteria for the grant program, whether a grant would facilitate the production of renewable energy
  • Allows EPA to provide additional funds for small, rural, and disadvantaged communities and Indian tribes
  • Reauthorizes funding for Section 104(k) of the Comprehensive Environmental Response, Compensation, and Liability Act and Section 128(a) of the same statute

A bill addressing federal Brownfield issues has also been introduced in the Senate (“S. 822”). This bill is denominated the “Brownfields Utilization, Investment, and Local Development Act of 2017.”

Issues addressed in S.822 include:

  • Funding for technical assistance grants to small communities and rural areas
  • Expansion of the scope of eligible grant recipients to include nonprofit community groups
  • Authorization of funding from multipurpose grants to address more complex sites
  • Allow certain entities that do not qualify as bona fide perspective purchasers to be eligible to receive grants (as long as government entities did not cause or contribute to a release or threaten the release of a hazardous substance at the property)
  • Direct EPA in providing grants to give consideration to Brownfield sites located adjacent to federally designated floodplains

A copy of H.R. 3017 can be downloaded here and copy of Senate Bill 822 here.

This article was first published on the Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C. website.

_____________________

About the Author

Walter G. Wright, Jr. is a member of the Business Practice Group.  His practice has focused for almost thirty years on environmental, energy (petroleum marketing), and water law.  Mr. Wright’s expertise includes counseling clients on issues involving environmental permits, compliance strategies, enforcement defense, property redevelopment issues, environmental impact statements, and procurement/management of water rights.

Mr. Wright routinely advises developers, lenders, petroleum marketers, and others about effective strategies for structuring real estate and corporate transactions to address environmental financial risks.  He also serves as General Counsel and provides legislative representation to the Arkansas Oil Marketers Association, Arkansas Recyclers Association (scrap facilities) and Arkansas Manufactured Housing Association.  A unique part of his practice has been drafting and negotiation of a variety of specialized agreements involving the sale or consignment of motor fuels along with the ancillary agreements associated with the upstream segment of the petroleum industry.

U.S. EPA Settlement with UConn resolves Improper PCB Disposal Activity

The University of Connecticut has taken steps to ensure its PCB waste is properly disposed of in the future to settle claims by the U.S. Environmental Protection Agency (U.S. EPA) that it improperly disposed of PCBs during a 2013 renovation project at its Storrs campus.

An aerial view of the Storrs Campus on Oct. 9, 2013. (Peter Morenus/UConn Photo)Morenus/UConn Photo)

The university disposed of the waste containing polychlorinated biphenyls during a 2013 window replacement project in violation of the federal Toxic Substances Control Act.  Working with its contractors and an environmental consultant, UConn’s renovation project led to the removal of soils contaminated with PCBs from the window caulk, which are classified as PCB “remediation waste.” PCB remediation waste can be disposed of only at approved facilities, but the transportation manifest did not identify the material as such, and the material consequently was shipped to a facility not licensed for this disposal.  Earlier this year, EPA notified UConn of its potential liability under federal law.  UConn and EPA then reached an agreement to resolve the violation. UConn will also pay a penalty of $28,125 as part of this settlement.

“This action demonstrates how important it is that all parties involved with PCB waste ensure that every step in the handling and disposal of the PCBs is done consistent with the regulations,” said Deb Szaro, acting regional administrator of EPA’s New England office.  “EPA appreciates the steps UConn has taken to minimize future violations.”

Once in the environment, PCBs do not readily break down and therefore may remain for long periods of time, cycling between air, water, and soil.  PCBs are classified by EPA as a probable human carcinogen and have been shown to cause other adverse health effects on the immune system, reproductive system, nervous system, and endocrine system.

For more information about health concerns and safe handling practices for PCBs (www.epa.gov/pcbs)

SOURCE: U.S. Environmental Protection Agency

Ontario MOECC Issues Draft Order to Mining Company in Northern Ontario

Ontario MOECC recently issued a draft Director’s Order to Ontario Graphite Ltd. and several Directors of the company that, if finalized, will require the company to perform remedial work related to an interceptor trench, mine tailings dam, polishing pond.

The mining operation, referred to as the Kearney Graphite Mine, is located Township of Butt in the District of Parry Sound, approximately 20 km north east of the community of Kearney.

Ontario Graphite Ltd. Kearney Mine Site (Photo Credit: Sudbury Mining Solutions Journal)

Under these sections of the Environmental Protection Act and Ontario Water Resources Act, the Director may require a person who owns, or owned, or who has or had management or control of an undertaking or property, to take immediate actions and environmental measures to protect the natural environment and to prevent or reduce the discharge of a contaminant into the natural environment from the undertaking or property, or to prevent, decrease or eliminate an adverse effect.

The overall objective of the proposed Director’s Order is to amend an existing Director’s Order issued on January 26, 2016 to have the company implement a work plan for the treatment of mine water discharges as well as submit a written report prepared by a qualified person.

On April 10, 2017, Ontario Graphite Ltd. reported that the open pit was overflowing to the environment as a result of spring melt.  Ontario Ministry of the Environment and Climate Change (MOECC) staff visited the site on April 12, 2017 and observed that the collection trench used by the company to prevent acidic water from entering Graphite Lake (i.e. the interceptor ditch) had also overflowed at some point prior to the site visit.

During the April 12, 2017 MOECC site visit, company staff reported to the ministry that additional erosion had occurred on the downstream dam that separates the tailings management area from the polishing pond. Company staff did not foresee concerns for dam stability; MOECC staff, however, recommended that the company have someone with the necessary expertise undertake evaluation of the structure.

In response to the MOECC recommendation, the company retained a consulting firm to provide recommendations for any needed remedial work on the tailings dam. As detailed in the updated action plan submitted to the ministry on October 30, 2017, the company awaits receipt of the report detailing these recommendations and following receipt, will implement the recommendations noted.

In 2017, Ontario Graphite Limited reported several non-compliance incidents with water quality discharge limits specified in the Environmental Compliance Approval including acute toxicity, iron, total suspended solids and pH.  Although the company attributed some of the exceedances to the dewatering of the open pit, a consultant hired by the company as a result of the Director’s Order noted a number of recommendations that should be implemented to improve operation of the sewage works and to maintain compliance with the final effluent limits.

HAZ-MATTERS Emergency Management Inc. aligns with STRATEGIC ALLIANCE, HAZTECH GROUP

HAZ-MATTERS Emergency Management Inc. recently announced a newly established strategic alliance with Haztech Group in Saskatchewan for the ongoing provision of specialty hazardous materials training.

Haztech is a vertically integrated, full-service occupational focused Medical, Health, Safety, Security, and Training service provider, with the prime focus being Safety and Service Delivery.  The company claims to have established themselves as “the new standard,” in the health and safety fields by providing best-practice services throughout western Canada.

 

Haztech offers a suite of services to an array of industrial, construction, oilfield and mining clients, including the public sector.  The company directs industry to adopt higher compliance standards in health, safety and security through the comprehensive support and reinforcement.

Environmental Activists Call for Mandatory Action on Radon

In a commentary recently published in Environmental Health Review, the Canadian Environmental Law Association (CELA) joined the Canadian Partnership for Children’s Health and Environment (CPCHE), the Canadian Child Care Federation, public officials, and radon experts in calling for mandatory action on radon in child care settings.

Radon is a naturally occurring radioactive soil gas that can build up to harmful levels in indoor spaces.  It is a known carcinogen and the second leading cause of lung cancer in Canada.  Despite its known risks and the availability of testing and remediation measures, most child care facilities in Canada are not tested to ensure that radon levels are below the Canadian guideline.

The authors of the report examined recent efforts to promote radon action in the child care sector and conclude that voluntary approaches that rely on child care staff to “go it alone” in ensuring radon safety often fall short.  Such approaches are unlikely to achieve radon safety at every child care program and thus could exacerbate health inequities given uneven resources and capacity.

A review of the regulatory landscape reveals specific requirements for radon testing in child care facilities remain scarce in Canada, despite their existence elsewhere.  Other available legal instruments that address radiation more generally, and that could apply to radon in child care facilities, are underutilized. The authors of the report argue that, whether through regulations, licensing requirements or ministry-funded programs, a comprehensive approach to radon safety in child care settings is needed to protect both children and staff.

Mercury Contamination in Sediment of Thunder Bay, Ontario Harbour Awaits Clean-up

As reported in TB News Watch, the recommendations in a clean-up report of mercury in Thunder Bay, Ontario harbour have yet to be acted upon.  It has been more than three years since a consultant’s report identified options for the management of 400,000 cubic metres (14 million cubic feet) of mercury-contaminated sediment.

Thunder Bay is located at the northwest corner of Lake Superior and has a population of approximately 110,000.  It

The source of the mercury in the sediment was industrial activity along Thunder Bay’s north harbour for over 90 years including pulp and paper mill operations.  The sediment is contaminated with mercury in concentrations that range from 2 to 11 ppm at the surface of the sediment to 21 ppm at depth and ranging in thickness from 40 to 380 centimeters and covering an area of about 22 hectares (54 acres).

Approximate Area of Contaminated Sediment in Thunder Bay Harbour

The preferred solution in the consultant’s report was to dredge the sediment and transfer it to the Mission Bay Confined Disposal Facility (CDF) at the harbour’s south end.  That came with an estimated cost of $40 million to $50 million, and was considered the best choice based on factors such as environmental effectiveness and cost.  The consultants also looked at other options, including building a new containment structure on the shoreline adjacent to the former Superior Fine Papers mill.

Jim Bailey, a spokesperson for the Thunder Bay Remedial Action Plan, a public advisory committee that is partially funded by Environment Canada and the Ontario Government and oversees monitoring of the harbour pollution, says no solution has been chosen as yet, and there is no money for doing the work.

“One of the holdups is identifying a lead organization or agency to lead this cleanup.  Without a lead, obviously the project can’t go forward, so that is one of the sticking points,” Bailey said in an interview with tbnewswatch.com.

Contaminated Sediment Dredged from Thunder Bay Harbour

Thunder Bay RAP members have recently explored the feasibility of getting the contaminated area added to a federal list of contaminated sites, which might make its cleanup eligible for government funding.

The sediment site is adjacent to the mouth of the Current River, and has been described as layers of “pulpy” material up to four metres thick in some spots.

Bailey said being added to the federal list is one of the keys to getting closer to a cleanup, but the project would still require a cooperative effort involving a number of organizations.

The preferred option for disposal at the Mission Bay CDF near Chippewa Park seems unlikely to come to fruition in any case.

“That’s been used for decades to dispose of sediment collected for navigational dredging. It was never designed, to my knowledge, for contaminated material,” Bailey said.

He added that the Fort William First Nation has also made it clear that it doesn’t want to see the contaminated material disposed of near their community.

According to Bailey, the federal government is the legal custodian of the harbour bottom, but “at this point, Transport Canada has not been fully engaged in this process. Work needs to be done to hopefully get them engaged,” he said.

Opportunities for Tank Hauler and Hazmat Truck Drivers

According to a recent article in The Job Network, there is a high demand in the United States for drivers for tanker trucks and hazmat vehicles.  According to the article the highest-paying trucking jobs in the U.S. Market are as follows:

  1. Tanker Hauler

Tanker trucks are those big machines that haul liquid such as water or gasoline. You’ll need to get your commercial driver’s license (CDL) endorsed to do this particular job, which can be both difficult and dangerous since liquid cargo can be unstable. However, it is one of the highest paying trucking jobs—fuel tanker drivers earn as much as $70,000 per year. Consider the extra training and certification as an investment in your career.

  1. Hazmat Diver

Like tanker hauling, hauling hazardous materials is another way to up your game.  Get your CDL endorsed for this skill and you can widely increase the number of tanker hauls you’re eligible to do. Endorsing your CDL means you have access to a specialized (and lucrative) category of jobs. Hazmat drivers are also guaranteed a minimum of $1,000 a week after a year of experience according to RoadMaster.com.

  1. Oversized Load Hauler

You need a special license and special training to haul extra-large loads such as heavy machinery, but, again, driving wide or oversized loads will mean you’ll be paid more. According to WideLoadShipping.com, oversized load truckers earn between $53,125 and $90,000 on average. You might even earn six figures if you’re willing to sacrifice some home time and work extra hard.

  1. Ice Road Trucker

When it comes to trucking, no one earns more than ice road truckers. These are the brave souls who deliver their loads over pure ice. It’s an extremely dangerous career, but it is also extremely well paid—AOL Jobs reports that some ice road truckers earn up to $250,000 for just two months of icy-season work.

  1. Transport Driver

Hauling junked cars, specialty vehicles, or luxury cars will earn you more than the standard cargo. Transport drivers earn about $53,000 a year on average.

  1. Team Driver

Team drivers hook up with others to go twice as far, twice as fast. You won’t get a lot of breaks outside of the truck in this field, but you will make amazing time—and money. The average team truck driver makes $50,000 per year.

  1. OTR Driver

Specialize in long hauls from coast to coast and you’ll be sure to earn a good living. OTR, or “Over the Road,” drivers do daunting work and must be 21 or older to score gigs, but at a starting annual salary of $40-45,000 per year according to RoadMaster.com, the pay is great.

  1. Instructor

Not every job in the trucking industry involves actual trucking. Instructors teach others how to do this specialized work while still being able to go home every night. They earn between $22,500 and $51,800 a year according to PayScale.com.

  1. Recruiter

If you’d rather just get paid to send other guys out on the road, you should consider becoming a recruiter. According to GlassDoor.com, the national average salary is a very enticing $50,000 a year for this comparatively low-effort career.

  1. Owner/Operator

Would you rather be your own boss? Well, owning a trucking company may sound like a great job, though there are numerous expenses to consider. Nevertheless, you’re still likely to end up earning a lot more than the drivers who actually have to lug their loads across the country. Indeed.com estimates that the average owner/operator makes an average annual salary of $141,000. That’s not bad for playing with trucks!