Ontario: Trucking Company Fined $250,000 over hazmat incident

Titanium Trucking Services Inc., headquartered in Ontario, was recently convicted of one violation under the Ontario Environmental Protection Act and was fined $250,000 plus a victim fine surcharge of $62,500 and was given 24 months to pay the fine. The fine was the result of a hazmat incident in which a fluorosilicic acid spilled from a tanker truck into the natural environment, which caused adverse effects.

Fluorosilicic acid is corrosive and causes burns. It decomposes when heated, with possible emanation of toxic hydrofluoric acid vapours. It is used in fluoridating water and in aluminum production. In the aquatic environment, an accidental spillage of fluorosilic acid would suddenly reduce pH level due to the product’s acidic properties.

At the time of the offence, Titanium Trucking Services Inc., which is located in Bolton (just northwest of Toronto) had a contract with a Burlington, Ontario area chemical company to provide drivers and vehicles on a dedicated basis for chemical product transportation.

In January 2017, the Burlington area chemical company placed an order for 81,000 kg of 37-42% fluorosilicic acid, which was required for pickup in Montreal for transport to Burlington.  Fluorosilicic acid is a corrosive liquid, classified as a dangerous good. 

On the date of the planned chemical pick-up, Environment Canada had issued weather advisories relating to a major winter storm and the public was instructed to consider postponing non-essential travel.

The chemical pick-up occurred as planned on March 14, 2017, and within four hours after leaving Montreal, the truck and the driver were involved in a multi-vehicle collision while traveling westbound on Highway 401. As a result of the collision 15 totes of fluorosilicic acid ejected through the front wall of the trailer and also came to rest in the roadside ditch.

Eight of the totes of acid that ejected from the trailer were punctured and spilled approximately 8,000 litres of acid into the ditch and onto the truck cab, dousing the driver, which eventually resulted in his death later in hospital.


March 14, 2017 incident on Highway 401 near Mallorytown. Several first responders were exposed and needed to be decontaminated. (XBR Traffic)

The acid discharge caused further adverse effects. a total of 13 First responders and another sixteen members of the public had to be decontaminated, the 401 highway was closed in both directions, and the OPP officer who initially attempted to extract the truck driver from the cab on scene experienced significant health effects. In addition, adverse impacts to the roadside soil ecosystem occurred.

Bioremediation: Global Markets and Technologies to 2023

A report issued by BCC Research provides an overview of the global markets and technologies of the bioremediation industry. The report predicts that the global bioremediation market should grow from $91.0 billion in 2018 to $186.3 billion by 2023, increasing at a compound annual growth rate (CAGR) of 15.4% from 2018 through 2023.

One of the finding of the report is that the application of bioremediation technology in the water bodies sector held the largest market share in 2017, and it is expected to remain the market leader throughout the forecast period.

The report predicts an ever-increasing use of bioremediation techniques for treating sewage, lakes, rivers and streams, ponds and aqua culture is anticipated to create huge growth opportunities for the market in the coming years. In recent years, however, the rise in the agriculture industries has augmented the growth of hazardous pollutants in the environment, and thus the application of bioremediation methods in the agricultural sector is expected to be the fastest-growing segment.


Redox zones of a typical contaminant plume (Source: Parsons 2004)

The report breaks down and analyzes the bioremediation market into three categories:

  • By type: In situ and ex situ bioremediation.
  • By application: Water bodies, mining, oil and gas, agriculture, automotive and other industries.
  • By region: North America is segmented into the U.S., Canada and Mexico; Europe is segmented into the U.K., Germany, France, Russia and Rest of Europe; the Asia-Pacific region is segmented into Japan, India, China and Rest of Asia-Pacific; and the Rest of the World (ROW) covers Latin America, Middle East and Africa.

The report provides estimated values used are based on manufacturers’ total revenues. Projected and forecast revenue values are in constant U.S. dollars unadjusted for inflation.

This report also includes a patent analysis and a listing of company profiles for key players in the bioremediation market.

Similar Reports

In 2014, a team of United Kingdom researchers at University of Nottingham and Heriot-Watt University issued the results of a global survey on the use of bioremediation technologies for addressing environmental pollution problems. The findings of the survey were quite interesting.

Preferred vs. Actual Treatment Method

One of the findings of the UK survey was the difference between the preferred vs. actual treatment method. More than half of respondents (51%) stated that they would prefer to use environmentally friendly approaches including microbial remediation (35%) and phytoremediation (16%). However, historical information suggests the opposite has actually been the case. Considering the relative low cost and low energy requirements of bioremediation technologies, the gulf between aspiration and practice might be due to various factors involving the risk-averse nature of the contaminated-land industry, or difficulties in project design. The latter include identifying appropriate organisms for removing specified contaminants, optimizing environmental conditions for their action, ascertaining extents of eventual clean-up, and the incomplete understanding of all the mechanisms and processes involved. These lead to difficulties in modeling, simulating and/or controlling these processes for improved outcomes.

Application of Bioremediation Techniques

The Figure below compares the broad bioremediation methods being employed within industry according to the 2014 survey, namely monitored natural attenuation (MNA), bio-augmentation and bio-stimulation. The use of low-cost in situ technologies (like MNA) featured quite prominently, particularly in North America and Europe, where it accounts for over 60% of the bioremediation methods being used. This finding points to a strong concern within the developed countries for better maintenance of ecological balance and preventing a disruption of naturally occurring populations.

MNA has been shown to require 1) elaborate modeling, 2) evaluation of contaminant degradation rates and pathways, and 3) a prediction of contaminant concentrations at migration distances and time points downstream of exposure points. This is to determine which natural processes will reduce contaminant concentrations below risk levels before potential courses of exposure are completed, and to confirm that degradation is proceeding at rates consistent with clean-up objectives. These results appear to suggest that regions which employ computational and modeling resources are better able to use low-cost bioremediation technologies like MNA, whereas the others tend to use the more traditional and less cost-effective technologies. In all the continents, researchers were found to favor the use of bio-stimulation methods. Less disruption of ecological balance is apparently a global concern.

Background on Bioremediation

Bioremediation is a method that uses naturally occurring microorganisms such as bacteria, fungi and yeast to degrade or break down hazardous substances into non-toxic or less-toxic substances.Microorganisms eat and digest organic substances for energy and nutrients.

There are certain microorganisms that can dissolve organic substances such as solvents or fuels that are hazardous to the environment.These microorganisms degrade the organic contaminants into less-toxic products, mainly water and carbon dioxide.

The microorganisms must be healthy and active for this to occur.

Bioremediation technology helps microorganisms grow and boosts microbial population by generating optimum environmental conditions. The particular bioremediation technology utilized is determined by various factors, including the site conditions, the presence of type of microorganisms, and the toxicity and quantity of contaminant chemicals.

Bioremediation takes place under anaerobic and aerobic conditions.In the case of aerobic conditions, microorganisms utilize the amount of oxygen present in atmosphere to function.

With a sufficient amount of oxygen, microorganisms transform organic contaminants into water and carbon dioxide. Anaerobic conditions help biological activity in which oxygen is not present so that the microorganisms degrade chemical compounds present in the soil to release the required amount of energy.

Factors of influence in bioremediation processes

Bioremediation technology is used to clean up contaminated water and soil.There are two main types of bioremediation: in situ and ex situ.

The in situ bioremediation process treats the contaminated groundwater or soil in the location where it is found. The ex situ process requires the pumping of groundwater or the excavation of contaminated soil before it can be treated.

In situ bioremediation type is typically segmented as phytoremediation, bioventing, bioleaching, bioslurping, biostimulation and bioaugmentation. The ex situ bioremediation type is typically segmented as composting, controlled solid-phase treatment and slurry-phase biological treatment.

Biodegradation is a cost-effective natural process that is useful for the treatment of organic wastes.The extent of biodegradation is greatly dependent upon the initial concentrations and toxicity of the contaminants, the properties of the contaminated soil, their biodegradability and the specific treatmentsystem selected.

In biodegradation treatment, the targeted contaminants are semi-volatile and nonhalogenated volatile organics and fuels. The benefits of bioremediation, however, are limited at sites with highly chlorinated organics and high concentrations of metals, as they may be harmful to the microorganisms.

https://www.researchandmarkets.com/publication/mkvz6uj/4752244

Industrial Absorbents Market to Exceed $4.7 Billion by 2023

According to the new market research report, the industrial absorbents market is expected to grow from USD 3.7 billion in 2018 to USD 4.7 billion by 2023, at a Compound Annual Growth Rate (CAGR) of 5.1% during the forecast period.

The report, prepared by Research and Markets and entitled “Industrial Absorbents Market By Material Type (Natural Organic & Inorganic, Synthetic), Product (Pads, Rolls, Booms & Socks), Type (Universal, Oil-only, HAZMAT), End-use Industry (Oil & Gas, Chemical, Food Processing), and Region – Global Forecast to 2023“, states that the major factors driving the industrial absorbents market include growing environmental concerns and regulations regarding oil and chemical spills.

The synthetic segment is expected to be the fastest-growing material type segment in the industrial absorbents market. The industrial absorbents market by material type has been categorized into natural organic, natural inorganic, and synthetic. Synthetic industrial absorbents are capable of absorbing liquid up to 70 times of their weight, which makes them a highly adopted material for industrial applications. Synthetic absorbents have properties such as non-flammability and excellent water repellency, which makes them suitable for applications in oil-only and HAZMAT spill control products.

Booms and socks are ideal industrial absorbents products for spill control. Booms and socks are widely used for oil-based spill control in water environment. Booms have excellent water repelling properties and are best suited for water environments such as sea, lakes, and ponds, among others. Socks are flexible tubes which are used to control and contain spills on land environment and are ideal for quickly absorbing oil- or water-based liquid spills on land. In regions such as the Middle East & Africa and Europe, there are high occurrences of large spills in marine areas, which drives the growth of booms & socks segment in the industrial absorbents market.

Oil Absorbent Booms

Market Drivers

HAZMAT/chemical absorbent products are used to cleanup spills involving acids, bases, and other hazardous or unknown liquids as these spills can have harmful impacts on the environment and can be dangerous to the living beings present in the vicinity. HAZMAT/chemical absorbent products are designed to absorb the most aggressive acidic or caustic fluids and are majorly composed of synthetic absorbents. In addition, stringent regulations in regions such as North America and Europe on chemical discharge in to the environment have led to an increase in the demand for spill control products designed for chemicals. Therefore, this factor has fueled the adoption and application of HAZMAT/chemical absorbent products, which is driving the growth of the industrial absorbents market.

Chemicals are hazardous materials, and can cause severe harm to humans or environment if accidentally released or spilled in the environment. Chemical accidents usually occur during transportation of stored chemicals. Chemical manufacturers need to immediately respond to accidental spills that occur during manufacturing processes to minimize the impact of spills on the environment. Furthermore, regions such as North America and Europe have stringent norms with respect to chemicals and spill response. All these factors have fueled the growth of the industrial absorbents market in the chemical end-use industry.

Asian Pacific Market

Asia Pacific industrial absorbents market is expected to have the highest growth rate during the forecast period due to the rising awareness and pressure to reinforce strict environmental regulations for spill response & control and pollution caused by end-use industries. The industrial absorbents market in Asia Pacific is driven by the demand from countries such as China, Japan, India, and South Korea, owing to rapid industrialization and rising occurrences of small liquid spills across the end-use industries.

Key Market Players

The major manufacturers in the global industrial absorbents market are 3M Company (US), Brady Corporation (US), Decorus Europe Ltd. (UK), Johnson Matthey Plc (UK), Kimberly-Clark Professional (US), Meltblown Technologies Inc. (US), Monarch Green, Inc. (US), New Pig Corporation (US), and Oil-Dri Corporation of America (US).

Canada’s draft 2019–2022 Federal Sustainable Development Strategy: Impacts on Clean Technology and Brownfield Development

The Government of Canada recently released the Draft 2019–2022 Federal Sustainable Development Strategy for public consultation and tabled the Government’s 2018 Progress Report of the 2016–2019 Federal Sustainable Development Strategy.

The draft Strategy sets out the Government of Canada’s environmental sustainability priorities, establishes goals and targets, and identifies actions that 42 departments and agencies across government will take to reduce greenhouse gas emissions from their operations and advance sustainable development across Canada.

Of interest to professionals in the environmental sector is some of the Government’s goals with respect to the greening of government. For example, the Government is aiming to reduce greenhouse gas emissions from federal government facilities and fleets by 40% by 2030 (with an aspiration to achieve this target by 2025) and 80% below 2005 levels by 2050. It also has the goal to divert at least 75% (by weight) of all non-hazardous operational waste (including plastic waste) by 2030, and divert at least 90% (by weight) of all construction and demolition waste (striving to achieve 100% by 2030), where supported by local infrastructure. The administrative fleet will be comprised of at least 80% zero-emission vehicles by 2030 according to the draft report.

With respect to real property, the proposed actions of the Canadian federal government include the following: (1) All new buildings and major building retrofits will prioritize low-carbon investments based on integrated design principles, and life-cycle and total cost-of-ownership assessments which incorporate shadow carbon pricing; (2) Minimize embodied carbon and the use of harmful materials in construction and renovation; and (3) Departments will adopt and deploy clean technologies and implement procedures to manage building operations and take advantage of programs to improve the environmental performance of their buildings.

For professionals involved in clean technology, the draft report calls for the implement of the Government’s pledge to double federal government investments in clean energy research, development and demonstration from 2015 levels of $387 million to $775 million by 2020.

The 2018 Progress Report shows how the Government of Canada is implementing the 2016–2019 Federal Sustainable Development Strategy, demonstrating that it is on track to meeting many of the commitments laid out in the Strategy. This includes highlighting the leadership role Canada has taken in working toward zero plastic waste and implementing measures to conserve marine areas, as well as actions on climate change.

With respect to clean technology, clean energy, and clean growth, the progress report touts the fact that through three consecutive federal budgets, the Government of Canada has made substantial investments in initiatives to support clean technology, clean energy and clean growth. These commitments include: (1) $2.3 billion in 2017 for clean technology and clean energy research, development, demonstration, adoption, commercialization and use; (2) $1.26 billion in Budget 2017 for the Strategic Innovation Fund; and (3) $4 billion in 2018 in Canada’s research and science infrastructure, much of which helps drive innovation towards a clean growth economy.

The draft Strategy updates the 2016–2019 Federal Sustainable Development Strategy, largely maintaining its aspirational goals while adding targets that reflect new initiatives, updating milestones with new priorities, and strengthening links to the 2030 Agenda for Sustainable Development. In all, 29 medium-term targets support the draft Strategy’s goals, along with 60 short-term milestones and clear action plans.

Among other results, the 2018 Progress Report shows that

  • from 2016 to 2017, greenhouse gas emissions from federal government operations were 28 per cent lower than in 2005 to 2006—more than halfway to the target to reduce emissions from federal buildings and fleets by 40 per cent of 2005 levels by 2030;
  • as of December 2017, close to 8 per cent of Canada’s coastal and marine areas were conserved; and
  • from 2017 to 2018, visits to national parks and marine conservation areas increased by 34 per cent above the 2010 to 2011 baseline levels.

Canadians have the opportunity to provide comments on the draft Strategy until early Spring 2019. For further information: Caroline Thériault, Press Secretary, Office of the Minister of Environment and Climate Change, 613-462-5473.

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.

United States: Successor Liability for Environmental Liabilities

by Julie Vanneman, Director, Cohen & Grigsby

What happens when one company acquires the assets of another, then—many years later—receives a demand to participate in the clean-up of a contaminated site based on the acquired company’s long-ago shipment of materials to the site? 

As a general rule, the buyer of assets in an asset acquisition does not automatically assume the liabilities of the seller. However, under the doctrine of successor liability, a claimant may be able to seek recovery from the purchaser of assets for liabilities that were not assumed as part of an acquisition. This claim may be employed in cases involving environmental liabilities, especially when the original party is defunct or remediation costs are greater than the original entity’s ability to pay for the cleanup.[1]

Courts have taken different positions on whether state law or federal common law governs the determination of successor liability for claims under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), known also as Superfund. This distinction may have little practical effect because federal common law follows the traditional state law formulation. Notably, though, when evaluating successor liability under federal law, and specifically environmental laws like CERCLA, the doctrine may be more liberally applied because of policy concerns about contamination.[2]

Under the successor liability doctrine, a buyer can be held responsible for liabilities of the seller if one of four “limited” exceptions applies:

(1) the successor expressly or impliedly agrees to assume the liabilities; (2) a de facto merger or consolidation occurs; (3) the successor is a mere continuation of the predecessor; or (4) the transfer to the successor corporation is a fraudulent attempt to escape liability.

K.C.1986 Ltd. P’ship v. Reade Mfg., 472 F.3d 1009, 1021 (8th Cir. 2007) (citing United States v. Mex. Feed & Seed, Co., Inc., 980 F.2d 478, 487 (8th Cir. 1992)). A fifth exception, the substantial continuity exception, is a broader standard,[3] but most circuit courts do not apply it in CERCLA cases.[4]

Exception 1, express or implied assumption, must be analyzed in terms of the specific asset agreement in question. Exception 4, fraud, is generally employed in circumstances where the acquired company shifts its assets to avoid exposure to another entity.[5]

Courts have addressed the main issue of successor liability by asking whether the transaction is simply the handing off of a baton in a relay race (successor liability) or whether the new company is running a separate race (no liability).[6]  Examining factors relevant to the remaining elements—numbers 2 (de facto merger) and 3 (continuation)—helps answer the question. Under the doctrine of a de facto merger, successor liability attaches if one corporation is absorbed into another without compliance with statutory merger requirements. A court would look at whether there is a continuity of managers, personnel, locations, and assets; the same shareholders become part of the acquirer; the seller stops operating and liquidates; and the acquirer assumes the seller’s obligations to continue normal business operations.[7]  The “mere continuation” theory “emphasizes an ‘identity of officers, directors, and stock between the selling and purchasing corporations.’”[8]

Given the high stakes that can be involved with CERCLA cleanups, assessing prospects for applying the successor liability doctrine could be an important part of the liability analysis.


[1] See, e.g., James T. O’Reilly, Superfund and Brownfields Cleanup § 8:16, at 360 (2017-2018 ed.) [hereinafter O’Reilly] (“Mergers, sales of assets, and changing corporate names does not remove potential CERCLA liability.”).

[2] See O’Reilly § 8:16; see also, e.g.In re Acushnet River & New Bedford Harbor Proceedings re Alleged PCB Pollution, 712 F. Supp. 1010, 1013-19 (D. Mass. 1989) (in the CERCLA context, concluding that successor liability applied where there would be “manifest injustice” if one of the companies could “contract away” liability for PCB contamination).

[3] See K.C.1986 Ltd. P’ship v. Reade Mfg., 472 F.3d 1009, 1022 (8th Cir. 2007)

[4] See Action Mfg. Co. v. Simon Wrecking Co., 387 F. Supp. 2d 439, 452 (E.D. Pa. 2005).

[5] See, e.g., Eagle Pac. Ins. Co. v. Christensen Motor Yacht Corp., 934 P.2d 715, 721 (Wash. Ct. App. 1997). This exception is rarely used. Restatement (Third) of Torts:Prod. Liab. § 12 cmt. e (Am. Law Inst. 1998).

[6] See, e.g.Oman Int’l Fin. Ltd. v. Hoiyong Gems Corp., 616 F. Supp. 351, 361-62 (D.R.I. 1985).

[7] Asarco, LLC v. Union Pac. R.R. Co., No. 2:12-CV-00283-EJL-REB, 2017 WL 639628, at *18 (D. Idaho Feb. 16, 2017).

[8] United States v. Mex. Feed & Seed Co., 980 F.2d 478, 487 (8th Cir. 1992)  (quoting Tucker v. Paxson Mach. Co., 645 F.2d 620, 626 (8th Cir. 1981)).

This article was first published on the Cohen & Grigsby website.

About the Author

Julie counsels and represents clients in a range of environmental and litigation matters. She assists clients with day-to-day environmental compliance concerns and provides enforcement defense counseling, particularly with solid waste and groundwater issues. Her extensive background in CERCLA matters includes serving as legal counsel for clients involved in remediation initiatives at complex Superfund sites as well as litigating cases through multiple phases, including discovery, allocation negotiations, and alternative dispute resolution. Julie’s litigation practice encompasses not only environmental matters, but also insurance coverage actions and other commercial and business disputes.

Environmental Convictions & Contaminated Property: Ontario Summary for 2018

The Ontario Ministry of Environment, Conservation, and Parks (MOECP) publishes publishes an annual report on environmental penalties issued in the previous calendar year for certain land or water violations for companies subject to the Municipal Industrial Strategy for Abatement (MISA) Regulations.  Companies subject to the MISA Regulations belong to one of the nine industrial sectors found in the Effluent Monitoring and Effluent Limits (EMEL) regulations.  The summary report for 2017 was published in the Spring of 2018.

Under the MISA Regulations, environmental penalties can range from $1,000 per day for less serious violations such as failure to submit a quarterly report under the MISA Regulations  to $100,000 per day for the most serious violations, including a spill with a significant impact.

For serious offences under the Ontario Environmental Protection Act and Ontario Water Resources Act, the maximum and minimum corporate fines for each day on which the offence occurs is as follows:

  1. not less than $25,000 and not more than $6,000,000 on a first conviction;
  2. not less than $50,000 and not more than $10,000,000 on a second conviction; and
  3. not less than $100,000 and not more than $10,000,000 on each subsequent conviction.

In the past, Ontario Environment Ministry would publish a more comprehensive environmental enforcement report that covered all penalties, fines and convictions.

In a 2011 blog, Diane Saxe, Ontario’s former Environmental Commissioner and former partner at Siskinds Law Firm, wrote that  a typical year, the Ontario Environment launches about 150 to 175 prosecutions. About 75% of them are resolved by guilty pleas; about 5% are acquitted at trial; about 10% are convicted of something at trial; about 10% are withdrawn.

As the end of the calendar year approaches, the staff at Hazmat Management Magazine thought it would be useful to review some of the more significant environmental convictions related to contaminated property.  That summary can be found below.

Environmental Consultant and an Individual fined $50,000 for False RSC Incidents

In the Spring, an Ontario-based consulting firm that provides environmental, geotechnical, and hydrogeological consulting services was convicted when an employee falsified  Environment Ministry Letters of Acknowledgement to Records of Site Conditions (RSCs) for two properties.

An RSC is a statement on the environmental condition of a property and is typically a requirement by a municipality if a contaminated property is remediated and a redevelopment is proposed that involves a more sensitive land use (i.e., from industrial to residential).  The environmental consultant that performed the environmental site investigation at the site (a Phase I ESA and possibly a Phase II ESA) submits an RSC to the Environment Ministry.  The Environment Ministry issues an acknowledgement of the RSC.

The offences occurred in the Spring of 2014 and winter of 2015.  When the Consulting firm realized one of its employees had issued falsified documents related to the RSCs it immediately informed the affected owners of the related properties.  In the Fall of 2015, an owner/developer of another construction project in the Greater Toronto Area notified the ministry of concerns relating to their RSC submissions of which the consulting firm in question was involved.  At that time, the Environment Ministry commenced an audit and investigations.

The consulting firm was found guilty of one violation under the Environmental Protection Act (EPA), was fined $35,000 plus a Victim Fine Surcharge (VFS) of $8,750, and was given 30 days to pay. On the same date, former employee was found guilty of two violations under the EPA, was fined $15,000 plus a VFS of $3,750, and was given 18 months to pay.

Muskoka Cottage Owner fined $30,000 for Discharging Fuel Oil into Water Well

In the winter, a Muskoka homeowner was convicted for discharging fuel and other petroleum hydrocarbon into a water well which can impair the quality of the water. He was fined $30,000 plus a victim surcharge with 6 months to pay .

The conviction stems from an incident that occurred in the spring of 2016.  On May 16, 2016, the homeowner of a cottage on Lake of Bays poured heating fuel oil down a neighbor’s well, damaging the quality of the water in the well. The incident was referred to the Environment Ministry’s investigations and Enforcement branch, resulted in charges and one conviction through a guilty plea.

Residential Property Owner fined $3,000 for Falsely Claiming Property was Remediated

In the winter, a homeowner in Guelph was convicted of failing to apply with two provincial officers orders issued under the environmental protection act (EPA) . The homeowner was fined $3,000 plus a victim fine surcharge of $750 and was given 15 days to pay the fine .

The violation occurred in 2013 when the homeowner bought a residential property in Guelph , which earlier had been contaminated with oil fuel from a historic spill at the property . In the December of 2014, the homeowner put the residence up for sale.  The Environment Ministry subsequently received a complaint that the house was up for sale but had not been adequately remediated.

During the course of its investigations, the Environment Ministry found the previous owner had claimed the property had been remediated but discovered that no remediation had been conducted.  An Order was issued by the Environment Ministry for all documentation related to any remediation at the property to be submitted.  Despite providing an extension on a submission date, the not information was provided to the Environment Ministry.

The incident was referred to the ministry’s Investigations and Enforcement Branch, resulting in charges and the conviction against the property owner.

Fine of $30,000 for Discharging Contaminants and Illegal Operation of Waste Disposal Site

In the winter, a business located in the County of Essex and its owner was convicted of three offences under the Environmental Protection Act( EPA) and was also fined $30,000 for discharging dust that cause and was likely to cause an adverse effect, and being deposited at a property that is not allowed nor an approved waste disposal site.

A business owner in Essex County accepted 189 truckloads of  construction waste in 2014 despite the fact that property was not approved as a waste disposal site.

In 2015, the business owner was operating a farm tractor to turn soil at the site. The operation resulted in the release of plumes of dust which adversely affected nearby residents and their properties . The incident was referred to the Environment Ministry’s Investigations Branch.

 

Financing Soil Remediation: Exploring the use of financing instruments to blend public and private capital

The International Institute for Sustainable Development (IISD) recently released a report entitled Financing Soil Remediation: Exploring the use of financing instruments to blend public and private capital.

The report makes the statement that governments around the world are looking at opportunities to attract private capital participation in both land remediation and its productive use and redevelopment thereafter. The business case is intrinsically the value capture in the increase in retail price of land and related business opportunities once the remediation is complete. However, where land value capture is lower and related revenue streams remain uncertain, the case for private capital participation is much less compelling. Governments, in this case, have to fund the remediation through public budgets and thereafter seek opportunities to partner with private counter-parties to use the land as “fit for purpose.”

The IISD report presents 17 case studies on a variety of financing instruments that blend public and private capital. Each case study includes a short discussion on the extent to which each instrument could be used to finance the remediation of contaminated soil.  The case studies in thereport demonstrate a variety of financing strategies, from index-linked bonds to savings accounts and from peer-to-peer lending platforms to debt-for-nature swaps.

This report is a part of a series of outputs of a four-year project, Financing Models for Soil Remediation. The overall objective of the project is to harness the full range of green finance approaches and vehicles to manage the associated risk and fund the remediation of contaminated soils.

The series of reports focuses on the financial vehicles available to attract investment to environmental rehabilitation of degraded land and the financial reforms needed to make these vehicles a viable and desirable means of investing in land rehabilitation. The IISD draws on best practices worldwide in funding environmental rehabilitation, with a special focus on the design and use of financial mechanisms to attract private investors, share the risk and offer a clear benefit for the rehabilitated land.

Several lessons emerge from these case studies described in the report in the context of financing the remediation of contaminated land, including the following:

  1. As with all financial arrangements, the risk appetite of different investors has to match the risk profile of
    the investment. It is difficult to crowd in private and institutional investors when projects remain below
    investment grade.
  2. Money follows a good deal. When legal, technological, revenue and other risks are understood and are
    transparent, feasible ways to reduce these uncertainties can be planned and financing strategies can be
    worked upon.
  3. When there is reasonable certainty that the value of the land will increase after remediation and will
    subsequently generate stable and predictable revenues, there is a strong case for blending public and
    private financing.
  4. When, on the other hand, projects have less attractive revenue potential, governments have to step in to
    finance the remediation, or at least a larger part of it.

About the IISD

The International Institute for Sustainable Development (IISD), headquartered in Winnipeg, Manitoba, is an independent think tank championing sustainable solutions to 21st–century problems. The mission of the IISD is to promote human development and environmental sustainability. IISD focuses on research, analysis, and knowledge products that support sound policy making.

Market Report on VOC Detectors

VOC Detector Market

QY Research recently published the Global Market Study VOC Detector Market Provide Forecast Report 2018 – 2025.  The report presents a detailed analysis of the VOC Detector market which researched industry situations, market Size, growth and demands, VOC Detector market outlook, business strategies utilized, competitive analysis by VOC Detector Market Players, Deployment Models, Opportunities, Future Roadmap, Value Chain, and Major Player Profiles. The report also presents forecasts for VOC Detector investments from 2018 till 2025.

United States is the largest Manufaturer of VOC Detector Market and consumption region in the world, Europe also play important roles in global VOC Detector market while China is fastest growing region. The 126 page VOC Detector report provides tables and figures and analysis the VOC Detector market. The report gives a visual, one-stop breakdown of the leading products, submarkets and market leader’s market revenue forecast as well as analysis and prediction of the VOC Detector market to 2025.

Geographically, this report splits the global market into several key Regions, with sales (K Units), revenue (Million USD), market share and growth rate of VOC Detector for these regions, from 2013 to 2025 (forecast), covering United States, China, Europe, Japan, Southeast Asia, and India.

The report provides an analysis of the global VOC Detector market competition by top manufacturers/players, with VOC Detector sales volume, Price (USD/Unit), revenue (Million USD) and market share for each manufacturer/player.  The top players include the following: REA Systems; Ion Science; Thermo Fisher; Skyeaglee; Omega; and E Instruments.

The report provides an overview of the global market on the basis of product.  This report displays the production, revenue, price, market share and growth rate of each type, primarily split into the following types of detectors:
PID and Metal-oxide Semiconductor.   The report also breaks down the global market based on application as follows:  Environmental Site Surveying; Industrial Hygiene; and HazMat/Homeland Security.

RAE Systems Gas Detector

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.