British Columbia: Invitation to Participate: Land Remediation Client Survey

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

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

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

 

New Technology for Mapping DNAPL Contamination

Laser-induced fluorescence (LIF)

As reported in Groundwater Monitoring and Remediation (38(3):28-42), DyeLIF™ is a new version of laser-induced fluorescence (LIF) for high-resolution 3D mapping of NAPLs in the subsurface.   DyeLIF eliminates the requirement that the NAPL contains native fluorophores (such as those that occur in compounds like PAHs) and therefore can be used to detect chlorinated solvents and other nonfluorescing compounds.

NAPLs were previously undetectable with conventional LIF tools. With DyeLIF, an aqueous solution of water and nontoxic hydrophobic dye is continuously injected ahead of the sapphire detection window while the LIF probe is being advanced in the subsurface.  If soil containing NAPL is penetrated, the injected dye solvates into the NAPL within a few milliseconds, creating strong fluorescence that is transmitted via fiber-optic filaments to aboveground optical sensors. This paper describes a detailed field evaluation of the novel DyeLIF technology performed at a contaminated industrial site in Lowell, Mass., where chlorinated solvent DNAPL persists below the water table in sandy sediments..

The DyeLIF system was field tested at a Formerly Used Defense (FUD) facility in Massachusetts in Fall 2013 (Geoprobe® delivery) and again in March 2014 (CPT delivery). The primary field demonstration completed in 2013 included two components: one week of DyeLIF probing and a second week of follow-on soil coring using research-quality direct push (DP) soil coring methods in order to compare DyeLIF results to colorimetric dye shake tests and laboratory analysis.

Several performance objectives were established in the project demonstration work plan and all were met or exceeded. The performance objective for chemical analysis was 70% consistency between positive DyeLIF responses and samples when DNAPL saturations were greater than 5%. The demonstration results showed 100% consistency between chemical analysis and DyeLIF for saturations greater than 1.9% (35 of 35 samples), and 95% consistency for estimated saturations greater than 0.5% (40 of 42 samples).

ESTCP funded Project ER-201121 to demonstrate the DyeLIF technology.  Additional details on the technology can be found at the U.S. Department of Defence Strategic Environmental Research and Development Program (SERDP) and the U.S. Department of Defence Environmental Security Technology Certification Program (ESTCP) link at SERDP-ESTCP.

2D and 3D Conceptual Site Models of a Contaminated Property

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

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

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

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

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

An aerial view of the Oak Ridge National Laboratory campus.

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

by Stanley D. Berger, Fogler Rubinoff

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

IMPLICATIONS FOR REAL ESTATE TRANSACTIONS AND ENVIRONMENTAL CONSULTANTS?

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

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

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About the Author

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

Nova Scotia Homeowner Fined for not Investigating Leaking UST

The Nova Scotia Department of the Environment recently fined a homeowner in Sydney (located on Cape Breton Island) with failing to obtain the services of a site professional to determine whether a leaking oil tank had caused contamination.

The regulator had issued two directives to the homeowner prior to filing the charge in court.  The amount of the fine was $350.  The homeowner has been given two years to complete any necessary remediation on his property.

The Nova Scotia Department of the Environment Homeowner Guide to Heating Oil and Tank Systems provides information on how homeowners can lessen the environmental risk posed by above-ground heating oil tanks.  The Province also has a Domestic Fuel Oil Spill Policy.

Fuel oil tanks owned by homeowners can leak and cause environmental damage (Photo Credit: NACHI.org)

Unsafe Levels of Contamination found in Edmonton Neighbourhood

As reported in the Edmonton Journal, unsafe levels of hazardous chemicals were found in unoccupied land near the property that was previously occupied by a wood treatment plant site.  However, the analytical results from soil samples taken from residential properties in the vicinity of the plant found no hazardous chemicals in the top level of soil.

An Alberta Health official recently stated that soil testing has been completed in the Verte-Homesteader community — located near the former Domtar wood treatment facility.

Workers drill core samples in a contaminated parcel of land at the old wood treatment plant site in Edmonton, June 28, 2018. (Photo Credit: Kaiser/Postmedia)

“The results show no issues in the surface soil of any of the homeowners’ properties, but there were four areas of unoccupied land in the southeast corner of the neighbourhood where chemicals were found above health guidelines and that area is now being fenced off,” spokesman Cam Traynor said in an email.

A map showed two tests in the soon-to-be-fenced area exceeded human health guidelines for dioxins and furans.

In the spring, about 140 homeowners near the site of the former wood treatment plant at 44 Street and Yellowhead Trail were warned soil and groundwater in the area was contaminated with a list of potentially cancer-causing substances.

Officials said no contaminants were known to be in residential areas.

From 1924 to 1987, the land was the site of a plant in which toxic chemicals were used to treat railroad ties, poles, posts and lumber. Parts of the property are now a housing development.

The site’s current owners and developers, 1510837 Alberta Ltd. and Cherokee Canada Inc., were ordered to build a fence around the contaminated land to reduce potential health risks earlier this year.  Cherokee Canada did not immediately respond to a request from the Edmonton Journal.

Alberta Environment and Parks also directed the companies, including former owner Domtar, to take environmental samples and create plans to remove contaminants and conduct human health risk assessments. The orders also affected a greenbelt southeast of the site currently owned by the City of Edmonton.

The recently completed testing covered the top one-third of a metre of soil. Traynor said deeper soil testing in the broader area is ongoing. That work, along with a human health risk assessment, is expected to be completed this fall.

The National Brownfield Summit – A Brief Recap

By David Nguyen – Staff Writer

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

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

Keynote Speaker

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

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

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

Current Affairs

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

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

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

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

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

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

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

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

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

Charting the Future

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

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

Snapshot of the Canadian Brownfields Programs

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

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

Map of Brownfield Sites in Regina, Saskatchewan

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Hamilton Waterfront

Nano-Scale Selective Ion Exchange used to Remove Radioactive Contamination from Water

Researchers from the University of Helsinki in Finland recently reported that they have developed a new method to remove radioactive contamination from water.  They claim their method of nano-scale selective ion exchange is faster than the conventional method and more environmentally-friendly as less radioactive solid waste is produced.

Risto Koivula, researcher at the University of Helsinki

The new method of selective ion exchange uses electrospun sodium titanate.  Electrospinning is a fibre production method which uses electric force to draw charged threads of polymer solutions or polymer melts up to fiber diameters in the order of some hundred nanometers  “The advantages of electrospun materials are due to the kinetics, i.e. reaction speed, of ion exchange,” says Risto Koivula, a scientist in the research group Ion Exchange for Nuclear Waste Treatment and for Recycling at the Department of Chemistry at the University of Helsinki.

One conventional method of removing radioactive ions from water is using granular sodium titanate as an ion exchange medium.  It is currently used to treat the 120,000 cubic meters of radioactive wastewater generated as a result of the Fukushima, Japan nuclear accident.  As radioactive wastewater is run through the ion exchanger, the radio-active ions are exchanged with the sodium in the sodium titantate.  The radioactive pollutants remain bound by the granules in the ion exchange unit.

Sodium Titanate fibres

The advantage of sodium titanate over other ion exchange media is that it is selective, which means that it is picks out only the radioactive ions from the water.  One disadvantage of ion exchange is that a water pollution problem is being transferred into a waste management problem.  When the ion exchange capacity is filled, the filtering material has to be switched out.  This leaves solid radio-active waste which must be managed.

The utilization of electrospun sodium titanate results in nano-scale spindles.  The result is an ion exchange solution that occupies less space but provides an equal treatment capability.  “Since less electrospun material is needed from the start of the process, the radio-active waste requiring a permanent repository will also fit in a smaller space,” says Koivula.

The electrospinning equipment at the University of Helsinki was developed and built in the Centre of Excellence for Atomic Layer Deposition, led by Mikko Ritala. The researchers successfully tried this quite simple method for working sodium titanate into fibre.  Koivula’s team studied the ion exchange features of fibre produced this way and found it worked like the commercially produced ones.

The utilization of this selective ion exchange method could be applied to the sites with groundwater contaminated with radioactive ions.

In Canada, the Town of Port Hope (located approximately 100 km east to Toronto) has over 1 million cubic metres of low-level radioactive waste as well as radioactive waste in treatment ponds.  The source of the radioactive contamination is the historic operation of the former radium and uranium refining activities of Eldorado Nuclear.  The wastewater treatment facility at Port Hope is a two-stage process that removes salts, heavy metals, and contaminants such as radium and arsenic.  The process involves chemical precipitation with clarification followed by reverse osmosis.

Setting New Legal Standards And Timelines: Alberta’s Remediation Regulation

Article by Alan Harvie, Norton Rose Fullbright Canada LLP

Alberta Environment and Parks (AEP) has amended regulations that will require all contamination caused by spills that are reported to regulators after January 1, 2019 to be delineated and assessed as soon as possible through a Phase 2 environmental site assessment that meets AEP’s standards and that is then either remediated within two years or subject to an approved remedial action plan with an approved final clean-up date. These are significant departures from the current requirements.

On June 1, 2018 the Remediation Certificate Amendment Regulation was passed into law under the Environmental Protection and Enhancement Act (EPEA). It amends the existing Remediation Certificate Regulation in a number of important ways, including changing the name to the Remediation Regulation.

Groundwater monitoring wells

The Remediation Regulation will be administered by the Alberta Energy Regulator (AER) for contamination at upstream oil and gas sites, such as wells, pipelines and facilities, and by AEP for all other sites.

Under the EPEA, a person responsible for the release of a substance into the environment that causes or has the potential to cause an adverse effect is under a legal duty, as soon as they know about the release or ought to have known about it, to report it to regulators. They must also, as soon as they know or ought to have known about the release, take all reasonable measures to repair, remedy and confine the effects of the substance, remove or otherwise dispose of the substance in such a manner as to effect maximum protection to human life, health and the environment and restore the environment to a condition satisfactory to the regulators.

Although persons have always been legally required, under the EPEA, to clean up spills, historically there was no legal requirement as to how a person was to assess contamination or any specific time limit as to how long a person could take to remediate the spill as required by the EPEA. This has now changed.

New timelines

The Remediation Regulation requires that a person responsible for a spill that is reported after January 1, 2019 must:

  • As soon as possible, either remediate the spill to meet the criteria set out in the Alberta Tier 1 and 2 Soil and Groundwater Remediation Guidelines and submit a report to the regulators about the remediation or undertake a Phase 2 environment site assessment of the site that meets the requirements of AEP’s Environmental Site Assessment Standard.
  • If the site cannot be remediated to the satisfaction of the regulators within two years, then the person responsible for the spill must submit a remedial action plan (RAP) that complies with AEP’s Alberta Tier 1 and Tier Soil and Groundwater Remediation GuidelinesEnvironmental Site Assessment StandardExposure Control Guide and Risk Management Plan Guide.
  • The RAP must include a period of time for completion of the remediation that is acceptable to the regulators.
  • The person responsible must take the remedial measures set out in the approved RAP by such time.

New legal standards

The Remediation Regulation previously incorporated into law the requirements to use the Tier 1 and 2 Soil and Groundwater Remediation Guidelines for obtaining a remediation certificate under the EPEA. It now requires that the Guidelines also be followed for assessing contaminated sites and therefore eliminates some historical practices in which persons responsible for spills used other clean-up guidelines or criteria.

The Remediation Regulation also requires the use of the Environmental Site Assessment Standard. The Standard sets out how contamination is to be vertically and horizontally delineated and assessed. The Remediation Regulation requires that this work be done within two years.

If the spill cannot be remediated within two years, then a RAP which meets the Exposure Control Guide and the Risk Management Plan Guide, and which has been approved by the regulators, must be in effect at the end of the two-year period. For some large contaminated sites, it may be challenging to fully delineate the contamination, develop a RAP and have the regulators approve it within two years. Furthermore, the clean-up under the RAP must have a stated end point.

Abandoned oil well equipment

These changes diverge from historical practices where, in some cases, contamination delineation has taken several or more years, and remedial actions, if any, have not been well planned and have had no fixed end point.

Implications

The implications of the Remediation Regulation for persons responsible for contamination are such that they will no longer be able to ignore or may only be able to slowly proceed with assessing contamination or simply monitor it over the long term. Concrete steps must now be taken according to set time periods and such steps must comply with AEP’s guidelines and standards.

Next steps

As mentioned, the new requirements to delineate and remediate a site apply only to spills reported on or after January 1, 2019. Before then, AEP is expected to release further guidance, host stakeholder workshops and potentially amend the Remediation Regulation.

 

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.

This article was first published on the Norton Rose Fulbright Canada LLP Website.

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About the Author

Alan Harvie is a senior partner at Norton Rose Fulbright Canada LLP and practices out of the Calgary office.  He has practised energy and environmental/regulatory law since 1989 and regularly deals with commercial, operational, environmental and regulatory issues, especially for the upstream oil and gas, energy, waste disposal and chemical industries. He is a member of our energy and environmental departments.

Mr. Harvie also has significant legal experience in acting for the oil and gas industry in commercial transactions and regulatory matters, including enforcement proceedings, common carrier and processor applications, forced poolings, downspacings and holdings, rateable take, and contested facility, well and pipeline applications. He has also dealt extensively with commercial, environmental and regulatory issues concerning thermal and renewable power plants, electrical transmission and distribution lines, tourism and recreation projects, forestry, mining, agriculture, commercial real estate, industrial facilities, sewage plants, hazardous waste landfills and treatment facilities, transportation of dangerous goods and water storage reservoirs.

Mr. Harvie regularly advises clients about environmental assessments and permitting, spill response, enforcement proceedings, contaminated site remediation, facility decommissioning and reclamation, chemical compliance (DSL, NDSL, MSDS and HMIRC), nuclear licensing, crude-by-rail projects and product recycling and stewardship requirements.