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Long Lake Gold Mine remediation project hits stumbling block

As reported by the CBC, the Long Lake Gold Mine Remediation Project near Sudbury, Ontario will not be getting started until 2019.

The Province on Ontario first announced its commitment to remediate the abandoned gold mine back in 2013.  The lake, located near a popular recreation area, had high levels of arsenic.

Long Lake Gold mine operated intermittently from 1908 to 1937 and produced approximately 200,000 tonnes of tailings.  The tailings were discharged directly to the environment without containment.  The tailings have since eroded into Luke Creek and Long Lake.  The tailings are acid generating and leach acidic water that is high in metal contamination, specifically arsenic.  The Ontario Ministry of Northern Development and Mines (MNMD) sampling in the south end of Long Lake identified arsenic contamination above the Ontario Drinking Water Standard.

Long Lake (Photo Credit: Markus Schwabe/CBC)

The MNDM initiated a review of remediation alternatives to clean up the tailings area and has selected a preferred method of relocating all fugitive tailings to a new containment facility that will be constructed on site.  The objective of remediation efforts is to reduce the arsenic concentration in Long Lake below the provincial drinking water limit, such that water quality in the south bay of Long Lake will recover to background conditions.

The latest delay in the remediation project is the result of the MNDM addressing some concerns of nearby residents who are concerned that the clean-up will result in increased truck traffic on the existing road to the lake.

The chair of the Long Lake Stewardship group says residents are aware of the notion “short term pain for long term gain” when it comes to the completion of the remediation project.

“But I think the concern I heard was the number of trucks that would be travelling on the road, day-in and day-out through the restoration phase,” Scott Darling said.

“Primarily what I heard in terms of the concerns were the traffic, the increased traffic that’s going to occur over the two-year period on Long Lake Road and Tilton Lake Road and South End Road — the wavy trail.”

Roads in the area will see 50 to 60 trucks a day hauling out contaminated material and bringing in clean fill.

The remediation project is expected to run between two and three years.

Darling says it could be closer to 2019 before the project gets started.

More information on the proposed clean-up of the Long Lake can be found in the MNMD environmental assessment document.

 

New spill rules tag transport companies with response, recovery costs in B.C.

As reported by Dirk Meissner of the Canadian Press, the Government of British Columbia has introduced pollution prevention regulations to hold transport companies moving petroleum products across the province responsible for the costs of responding to and cleaning up spills.

Environment Minister George Heyman said recently that the new regulations will take affect at the end of October and apply to pipeline, railway and truck company owners and transporters moving more than 10,000 litres of liquid petroleum products.

The rules increase responsibility, transparency and accountability for operators who transport potentially dangerous products through B.C., he said.

“I would hope that business doesn’t believe that individual members of the public through their tax dollars should be responsible for cleaning up spills they incur in the course of doing business and making a profit.”

The aim of the new rules is to prevent spill sites from being left contaminated for months and sometimes years, Heyman said, noting companies will be required to submit spill response and recovery plans ahead of moving their products.

“Most people subscribe to the polluter pay principle,” he said. “These regulations also require that spill contingency plans be put into place and that recovery plans and reporting plans be implemented in the case of a spill. That’s just reasonable.”

CN Rail said in a statement that it continues to work with the B.C. government and its industry partners on emergency response and preparation plans. The railway transports oil and numerous other products, including grain, across B.C.

“Emergency and spill response preparation and training is an important part of our business,” the statement said. “CN has in place emergency response plans and conducts spill and emergency response training with stakeholders across our network.”

The B.C. Trucking Association said in a statement that it supports the province’s new rules.

“We have been actively engaged in working with the government on the development of these regulations because the safety of our drivers, the public and the environment is our number one priority,” the statement said.

New pollution prevention regulations will hold transport companies and pipeline operators moving petroleum products across British Columbia responsible for spill response and recovery costs. A pipeline at the Westridge Marine Terminal in Burnaby, with an oil tanker in dock on Burrard Inlet.

Last spring, the previous Liberal government amended the Environmental Management Act to include some of the new regulations, but Heyman said he further tweaked the polluter pay regulations to ensure annual public reporting by the government.

He said he also shortened the deadline for operators to put their spill contingency plans in place to one year for trucking companies and six months for railways and pipelines.

The new rules do not apply to marine vessels carrying petroleum products along the B.C. coastline.

“Marine spills are regulated by the federal government but there is some jurisdiction for the province if a marine spill ends up washing onto the shoreline of B.C.’s jurisdiction or the seabed,” Heyman said.

The province is developing a strengthened marine response and recovery program that complements federal spill regulations, he added.

The new regulations come on the one-year anniversary of a fuel spill off B.C.’s central coast, where a tug sank, spilling more than 100,000 litres of diesel into waters near the Great Bear Rainforest.

Marilyn Slett, chief of the Heiltsuk First Nation, said the sinking of the tug, Nathan E. Stewart, has had devastating social and economic impacts on her community.

A valuable fishing area remains closed a year after the spill and many Heiltsuk face the prospect of a second year without revenue from the area’s valuable shellfish species, she said.

by Dirk Meissner, The Canadian Press

Canada: Oil Spill Liability – Kawartha Lakes Continues

By Donna Shier, Partner and Certified Environmental Law Specialist, Joanna Vince, Senior Associate and Raeya Jackiw, Student-at-Law, Willms & Shier

Background

In the most recent decision in the ongoing Kawartha Lakes saga, the Superior Court of Justice found homeowner Mr. Wayne Gendron partly responsible for an oil spill that destroyed his lakeside property.  The Court also found Mr. Gendron’s fuel distributor liable for a portion of the costs.  This decision serves to warn homeowners that a distributor’s delivery of fuel does not mean that their tanks are safe. It also cautions fuel distributors that they may be liable for spills brought about by a homeowner’s negligence.

The Facts

Thompson Fuels (“Thompson”) supplied 700 liters of fuel oil to two tanks in Mr. Gendron’s basement.  Mr. Gendron had installed the fuel tanks himself without proper shut off valves, contrary to industry standards.

During a period of financial difficulty, Mr. Gendron filled these fuel tanks with less expensive stove oil.  The stove oil introduced water and microbes into the tanks, causing the tanks to corrode.  When Thomspon delivered the fuel oil one of the tanks leaked, spilling approximately 600 liters.

In the hours following the fuel delivery Mr. Gendron tried to manage the spill on his own by collecting what he believed to be all of the leaking oil in Tupperware containers.  Approximately 24 hours later, Mr. Gendron called Thompson to complain that it had not delivered his entire shipment of fuel oil – he was short about 600 liters.  Mr. Gendron never called to report the spill to the MOECC’s Spills Action Centre hotline.

The fuel oil migrated under Mr. Gendron’s house, through the City of Kawartha Lake’s drainage system, and into nearby Sturgeon Lake. The Ontario Ministry of the Environment and Climate Change (MOECC) ordered Mr. Gendron and his wife to “ameliorate the adverse effects caused by the discharge of the furnace oil” and “restore the natural environment… to the extent practicable.”  Mr. Gendron began remediation of the contamination of his property and the contamination of Sturgeon Lake.

Early remediation efforts were complicated by the frozen lake and soil. Mr. Gendron’s personal insurance was rapidly exhausted.  His insurer eventually refused to fund further off-site remediation of Sturgeon Lake.

The remediation efforts cost nearly $2 million  and required the demolition of Mr. Gendron’s home.

Sturgeon Lake, Kawatha Lakes Region, Ontario

The City’s MOECC Order

The MOECC ordered the City of Kawartha Lakes to clean up any fuel oil remaining in the City’s culverts and sewers that could re-contaminate Sturgeon Lake.  The City appealed the order first to the Environmental Review Tribunal, then to the Divisional Court, and ultimately to the Ontario Court of Appeal, losing each time. (See our previous article on the Court of Appeal’s decision here.)

Environmental Protection Act Claims

Using its powers under the Ontario Environmental Protection Act (“EPA”), s. 100.1 the City ordered compensation for its remediation costs from Mr. Gendron, Thompson and the Technical Standards and Safety Authority (“TSSA”).  Mr. Gendron, Thompson and the TSSA appealed the order to the Environmental Review Tribunal.  Thompson and the TSSA settled with the City and withdrew their appeals.  Mr. Gendron’s appeal was unsuccessful and he was required to pay more than $300,000 of the City’s costs.  Mr. Gendron then brought a claim for contribution and indemnity against Thompson under EPA, s. 100.1(6).  In this most recent case, the Court found that Mr. Gendron could not make out his EPA claim because ownership and control of the fuel oil had transferred to him when the fuel oil was delivered to him by Thompson.  Mr. Gendron’s claim for contribution under the EPA was dismissed.

About the Authors

Donna Shier, Partner & Certified Environmental Law Specialist.  With almost 40 distinguished years of experience practicing environmental law, Donna Shier is one of Canada’s leading environmental counsel to major industrial corporations. Donna is also frequently called upon by corporate, commercial and real estate lawyers to assist their clients with environmental legal issues, and provides environmental law expertise to external litigation counsel. Donna is a qualified mediator and is an accredited member of the ADR Institute of Canada. Donna is called to the bar of Ontario.

Joanna Vince, Senior Associate.  Joanna Vince has significant expertise representing a wide range of clients with environmental issues, civil claims and prosecutions, orders and appeals. Joanna was admitted to the bar of Ontario in 2011.  Joanna has a B.Sc. (Hons., High Distinction) in biology and environmental science, and a Certificate in Environmental Studies. Joanna’s knowledge of and commitment to environmental issues was recognized by the University of Toronto, which awarded her the Arthur and Sonia Labatt Fellowship and the Douglas Pimlott Scholarship. Also at the University of Toronto, Joanna assisted with preparing academic papers and books as a research assistant on wind power, carbon taxes and climate change.

Raeya Jackiw, Student-at-Law.  Prior to articling at Willms & Shier, Raeya was a summer student at the firm and conducted legal research on issues in environmental, aboriginal, energy, constitutional, administrative, contract, tort, and civil procedure law. She has a Juris Doctor, Certificate in Environmental Law from the University of Toronto, a Masters Degree in Environmental Science from the University of Guelph, and a Bachelor’s Degree in Environmental Science from Queen’s University.

This article was originally published on the Wilms & Shier website.

Environmental Opportunity for Women-owned Small Business Firms in the U.S.

Federal Business Opportunities, FBO-5787, Solicitation W912P917R0055, 2017

The U.S. Army Corps of Engineers has issued a solicitation that is earmarked  for woman-owned small business (WOSB) firms.  The U.S. Army Corps of Engineers, St. Louis District, plans to seek firms for environmental remediation construction efforts that include remedial design, remedial action, and remedial excavations of contaminated material at pre-determined depths; HTRW manifesting; utility relocation; water management; engineering support; and construction support.  The anticipated work lies within the geographic boundaries of the Mississippi Valley Division and U.S. EPA Regions 5 and 7.  Solicitation W912P9-17-R-0055 will be an RFP for lowest-price technically acceptable proposals. Contract duration is five years. The NAICS code for the work is 541620 (Environmental Consulting Services), with an SBA size standard of $15M.  Release of the solicitation is anticipated on FedBizOpps on or about October 9, 2017. For more information, visit https://www.fbo.gov/notices/106dd6fa43c17c865b58b8f17de28425

In-Situ Remediation of Tetrachloroethylene and its Intermediates in Groundwater

Researchers from Tianjin University in China recently released results from a study that showed the results of the use of an anaerobic/aerobic permeable reactive barrier at removing tetrachloroethylene (also known as “perc”) and its intermediates in groundwater.

The anaerobic/aerobic permeable reactive barrier (PRB) system that was tested consisted of four different functional layers and was designed to remediate PCE-contaminated groundwater.  The first (oxygen capture) layer maintained the dissolved oxygen (DO) concentration at <1.35 mg/L in influent supplied to the second (anaerobic) layer.  The third (oxygen-releasing) layer maintained DO concentration at >11.3 mg/L within influent supplied to the fourth (aerobic) layer.  Results show that 99% of PCE was removed, mostly within the second (anaerobic) layer.  The toxic by-products TCE, DCE, and VC were further degraded by 98, 90, and 92%, respectively, in layer 4 (aerobic). The anaerobic/aerobic PRB thus could control both PCE and its degradation by-products.

Photo Credit: US EPA

Tetrachloroethylene is a manufactured chemical that is widely used for dry cleaning of fabrics and for metal-degreasing. It is also used to make other chemicals and is used in some consumer products.

Tetrachloroethylene is present in the subsurface at contaminated sites, often as a result of its inappropriate disposal and release from dry-cleaning and degreasing facilities or landfills.

Potential $9 million incentive to Developer for Clean-up and Develop Brownfield Site in Ottawa

As reported by the CBC, Ottawa city staff are proposing to offer a developer more than $9 million in incentives to build a multi-use building with three residential towers across from the future Bayview Station light rail station, approximately 2 kilometers (one mile) west of Parliament Hill.

TIP Albert GP Inc. owns the property at 900 Albert St. at the corner of Albert and City Centre Avenue, and is proposing a building that would have 1,632 residential units as well as retail and office space.

The site, a one-time rail yard and later a storage yard and snow disposal site, is eligible for the city’s brownfields rehabilitation grant program.  Under the program, developers can apply to have municipal development charges and soil remediation costs reduced, up to about half the expected cost of the cleanup.

City staff are recommending a grant not exceeding $8,255,397 over a maximum of 10 years, according to a report tabled in advance of next week’s finance and economic development committee meeting.

The property is also along the path of city sanitary and storm sewers, and for the development to go forward, the builder will have to move that infrastructure to an adjacent city property.

While the developer would pay for that work to be done, the city would have to release their eight easements on the property.

While normally the city would get market value from a developer for giving up those easements — an estimated $920,000 — city staff are proposing waiving that policy to make the project happen.

Somerset Ward Coun. Catherine McKenney, in a comment appended to the report, wrote that while she supported the brownfield grant, she couldn’t support waiving the encroachment fee, calling it “premature.”

“As this application is still under negotiation I believe it would be more prudent to measure the total monetary value to be waived against measurable features of the proposed development in its final form as ultimately presented to committee and council,” she wrote.

McKenney said such features would include affordable housing and contributions to active transportation networks like cycling and walking paths.

The development is not the only project being considered for a grant at next week’s committee meeting.

City staff are also proposing a grant of up to $2,320,420 over a maximum of 10 years to Colonnade Development Inc. to build a hotel near the Department of National Defence headquarters.

That grant, for the property at 300 Moodie Dr., would come from the Bells Corners Community Improvement Plan, which aims to encourage development in the area.

It would provide what would amount to a 75 per cent property tax break after the property is developed. If the development doesn’t happen, no grant would be paid.

Colonnade is proposing a restaurant with a drive-thru and a six-storey, 124-room hotel. Right now, the site is home to a Salvation Army thrift store, an automotive repair garage and auto parts distributor.

The finance and economic development committee will consider both proposals.

One Proposal for Development of 900 Albert Street, Ottawa

U.S. EPA Evaluates Hurricane Harvey impact on U.S. Superfund Sites in Texas

In a September 8th update, the U.S. Environmental Protection Agency (U.S. EPA) and the Texas Commission of Environmental Quality (TCEQ) stated that the two agencies continue to get updates about the status of specific Superfund sites from the parties responsible for ongoing cleanup of the sites.  The TCEQ has completed the assessment of all 17 state Superfund sites in the area affected by Hurricane Harvey.  The two agencies reported that there were no major issues noted.  The TCEQ will continue to monitor sites to ensure no further action is needed in regards to the storm.

The U.S. EPA completed site assessments at all 43 Superfund sites affected by the storm.  Of these sites, two (San Jacinto and U.S. Oil Recovery) require additional assessment efforts.  Assessments of these sites will take several more days to complete.

Harris County, Texas Superfund Sites Map

 

The San Jacinto Waste Pits site has a temporary armored cap designed to prevent migration of hazardous material.  The U.S. EPA remedial manager is onsite and overseeing the assessment.  Crews continue to survey portions of the cap that are submerged.  There are some areas where rock has been displaced and the liner is exposed.  The potential responsible party has mobilized heavy equipment and is placing rock on different places on the armored cap to repair the defensive surface. The liner is in place and functional so we don’t have any indication that the underlying waste materials have been exposed. If we find a breach in the exposed liner, we direct the responsible party to collect samples to determine if any materials have been released. Also, the EPA has dive teams to survey the cap underwater if needed.

Work to improve conditions after the storm has continued at the U.S. Oil Recovery site to address flood water from the storm.  Nine vacuum truckloads of approximately 45,000 gallons of storm water were removed and shipped offsite for disposal.  No sheen or odor was observed in the overflowing water, and an additional tank is being used to maintain freeboard to keep water on-site.  The U.S. EPA has directed potential responsible parties or has independently started collecting samples at the 43 Superfund sites to further confirm any impacts from the storm.  The total number of Superfund sites increased from 41 to 43 with the addition of Rapides Parish, Louisiana and Waller County, Texas as disaster declared areas.  Sampling efforts of all 43 sites is expected to be completed early next week with sample results will be available soon.

Victoria, B.C. faces Major Bill to Clean up Contaminated Park

As reported in Victoria News, Laurel Point Park is contaminated and the City of Victoria is looking at a potential $5-million bill to clean it up.

The City will spend up to $350,000 to confirm the degree of contamination and create a remediation plan.

The park, located along the David Foster Harbour Pathway next to property owned by Transport Canada, is contaminated with high levels of metal and petroleum hydrocarbons in the soil and groundwater, according to a staff report presented to council last week. Chemical discharges from nearby property likely contaminated the aquatic environment, water and the soil because of area’s industrial past, the report stated.

Laurel Point Park, Victoria, B.C.

For now, there is little risk to the public.  Counsellor Chris Coleman said the contamination is capped and secured, as long as it is left alone.

“If there was (a risk to the public), then we would close the park,” he said.

“It’s the sort of thing that we’ve seen in the past, when there was leeching from the Hartland Road landfill,” Coleman added. “It went into the groundwater … it then caused an algal bloom in the Butchart Gardens. That’s what you’re trying to control for here.”

The park, and the surrounding lands on the Laurel Point peninsula, were burial grounds for the Songhees people prior to 1885, after which it was used by various industrial facilities, including paint factories, machine shops, and for processing coal and oil.

Victoria council approved the next stage of SLR Consulting’s environmental investigation using money from the environmental remediation funds in city’s financial plan for 2017.

The next step in the process is a risk assessment, with an estimated cost of up to $150,000. It will take an additional $50,000 for the remediation plan, and up to $5 million to put the plan into action.

The surrounding land owned by Transport Canada will also have to be excavated and disposed off-site, according to preliminary reports.

Tribunal gives Ontario Environment Ministry Broad Preventative Powers over Migrating Contamination

by Stanley D. Berger

On September 1, 2017, the Ontario Environmental Review Tribunal in the matter of Hamilton Beach Brands Canada Inc. et al. v. the Director, Ministry of the Environment and Climate Change made a preliminary ruling that the Director had jurisdiction to make an order under s.18 of the Environmental Protection Act (EPA) requiring a person who owns or owned, or has or had management or control of a contaminated undertaking or property to delineate contamination that had already migrated to off-site properties. The property in question, formerly a small-appliance manufacturing business, was contaminated and the various contaminants were of concern to the Ministry, having migrated to other Picton residential, commercial and institutional properties where they might be entering nearby buildings by vapour intrusion. Section 18 of the EPA provides that the Director may make orders preventing, decreasing or eliminating an adverse effect that may result from the discharge of a contaminant from the undertaking or the presence or discharge of a contaminant in, on or under the property. The Director’s Order was challenged on three grounds:

  1. The adverse effect the Director could address was limited to a future event or circumstance (given that s.18 is prospective and preventative);
  2. The adverse effect had to relate to the potential off-site migration of a contaminant that was on an orderee’s property at the time the order was made;
  3. The order could require work only on site but not off-site, to address the risk of an adverse effect.

The Tribunal rejected all three arguments, reasoning that adverse effects resulting from contamination were frequently ongoing rather than static, with no clear line between existing and future effects. The Tribunal looked to the purpose of the EPA which was to protect and conserve the natural environment and found the orderees’ arguments were inconsistent with this purpose. Contamination and adverse effects were not constrained by property boundaries and therefore it was immaterial whether the contaminant was on the orderee’s property at the time the order was made. Finally, the list of requirements that could be ordered under s.18(1) EPA included off-site work. _________________

About the Author

Mr. Berger has practiced regulatory law for 36 years. He is a partner at Fogler Rubinoff LLP. He is certified by the Law Society of Upper Canada as a specialist in Environmental Law. He represents nuclear operators and suppliers in regulatory and environmental matters and in the negotiation of risk clauses in supply contracts and government indemnity agreements.He has prosecuted and defended environmental , occupational health and safety and criminal charges . He represents clients on access to information appeals before Ontario’s Freedom of Information Commission. He has also represented First Nations seeking equity partnerships in renewable energy projects. He started as an Assistant Crown Attorney in Toronto (1981), became the Deputy Director for Legal Services /Prosecutions at the Ministry of the Environment (1991) and Assistant General Counsel at Ontario Power Generation Inc.(1998-2012) During his 14 years at OPG, Mr. Berger won the President’s Award for his legal contribution to the Joint Review Panel environmental assessment and licensing hearing into the Nuclear New Build Project for Clarington . He won a Power Within Award for his legal support of the Hosting Agreement with local municipalities for the project to create a long term deep geologic repository for low and intermediate nuclear waste in Tiverton, Ontario.

 

Arcadis achieves U.S. Department of Defense Accreditation

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

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

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

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

Aracadis Advanced Geophysical Classification Equipment

 

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