Ont. concrete company gets fine plus creative sentencing

Rainbow Concrete has agreed to offer stream and bank remediation around the Junction Creek area, as well as implement a training program for its staff

Ontario-based Rainbow Concrete Industries Ltd. has been fined $40,000 for discharging wastewater from ready-mix cement trucks into a wetland near a creek, but in the spirit of creative sentencing the Sudbury company will also perform on-site rehabilitation worth nearly $110,000.

Rainbow Concrete has agreed to offer stream and bank remediation around the Junction Creek area, as well as implement a training program for its staff.

In response to a public complaint, two environmental officers attended the property and observed company trucks entering the property for the purpose of discharging concrete wastewater. Environmental officers returned to the site and noted that more concrete wastewater had been discharged.

Rainbow Concrete has also agreed to make a $10,000 donation to the Vale Centre’s Living with Lakes program at Laurentien University for water quality research.

Ohio Haz waste incinerator fined $34K for 2013 malfunction

The levels of lead on a backyard slide were more than twice the EPA’s soil standard

An Ohio hazardous waste incinerator company will pay the EPA $34,000 for 761 pounds of ash that spewed arsenic and lead into the area in 2013 following a malfunction.

The levels of lead on a backyard slide were more than twice the EPA’s soil standard.

is required to make changes to prevent future problems at the facility.

The settlement comes as the U.S. EPA is conducting its own investigation into the incinerator.

The incinerator burns about 60,000 tons of waste too toxic for landfills. Heritage drew wide attention in the 1990s when residents and environmental groups protested its construction.

Ontario seeking to double HazMat waste fees

Ontario is accepting comments on the HWIN proposal until Sept. 19 under EBR Registry number 012-3915

To achieve full program cost recovery, Ontario is proposing to raise fees for its Hazardous Waste Information Network (HWIN), where fees have been frozen since their inception in 2002.

The Ministry of Environment & Climate Change posted the proposal to Ontario’s Environmental Bill of Rights registry on Aug. 5, as an amendment to O. Reg 347 under the Environmental Protection Act.

The proposal would raise the tonnage component of Hazardous Waste Fees from $10 per tonne to $20 per tonne for hazardous waste transferred or disposed of between Jan. 1, 2016 and Dec. 31, 2016.

The tonnage component of the Hazardous Waste Fees would be further increased to $30 per tonne as of January 1, 2017. The ministry proposes to phase the fee change in over a two-year period to give hazardous waste generators time to adapt processes before the full impact of the fee change is in place.

Subject waste includes liquid industrial waste, hazardous waste or specific treated characteristic waste. The regulatory activities include tracking the movement of such waste from generation or point of last transfer before import (for waste from out-of-province) to final destination.

Ontario is accepting comments on the HWIN proposal until Sept. 19 under EBR Registry number 012-3915.

Now You’re Cooking: First responders defend against ‘Kitchen Menace’

This handheld device for chemical detection and identification is a downrange tool for situational understanding. It expands the survey mission with a focused objective, sniffing out priority chemical warfare agents, toxic industrial materials, and precursors.


As of June, there were 100 million registered chemicals in the American Chemical Society database. Some are naturally occurring, while others have been manmade. Combinations of these chemicals can produce useful, interesting, or sometimes … deadly reactions. While many chemicals are used for industrial purposes, some perform double-duty as useful household cleaning agents and – when introduced to the perfect mate – explosives, poisons or intoxicants.

In recent years, there’s been a change in the type of chemicals encountered by first responders and law enforcement at a response scene. As the Internet now allows for anyone to explore various options for combining common household items, threats are becoming more diverse, and therefore, harder to anticipate and prepare for.


Stepping Onto The Scene

There are already several go-to systems that are part of the first responder toolkit, including ion-mobility spectrometry (IMS) detectors, and handheld devices based on Raman and FTIR spectroscopy. Being armed with these instruments is increasingly considered a safety best practice, along with ensuring proper personal protective equipment (PPE) is worn.

Often, the initial step first responders take in analyzing their surroundings is to utilize a training protocol developed by HazMat IQ and executed with their “Stay Alive Five” equipment. This kit, sold as the SAFe Kit, includes a radiation detector, pH paper, fluorine paper, a temperature gun and a lower explosive limit (LEL) meter. Each piece of equipment allows responders to be more prepared, decrease their incident response time, and ensure responder safety in situations when hazards may not be visible.

Another tool that responders will utilize during their evaluation is their IMS device, which analyzes airborne chemicals. IMS technology is incredibly sensitive and handheld IMS products have been successfully used to give responders early warning of the presence of particularly harmful chemicals. Unfortunately, these devices have a high rate of false alarms, which means they frequently alert for serious threats such as chemical weapons that are not actually present. Due to their lack of selectivity, common substances such as diesel fumes and household cleaning products will trigger the device.

Most recently, the first responder toolkit has been expanded with the addition of M908 (watch video), a new device that utilizes high-pressure mass spectrometry (HPMS), effectively bringing the power of mass spectrometry right to where responders need it. This handheld device for chemical detection and identification is a downrange tool for situational understanding. It expands the survey mission with a focused objective, sniffing out priority chemical warfare agents, toxic industrial materials, and precursors. The dramatically increased selectivity of HPMS over IMS allows identification of a much broader list of target materials without false alarms, even when background or interferent compounds are present. When utilized together, as first responders make their way through the hotzone and the IMS is going off, they can look to M908 for a fast confirmation and identification of immediate danger.

Once the site is rendered safe by ruling out the presence of priority threats, first responders can continue and further interrogate samples to put together the puzzle pieces at the scene. Raman and FTIR (Fourier transform infrared spectroscopy) tools allow responders to analyze the solid and liquid compounds surrounding them using light scattering techniques. These tools are instrumental in identifying ambiguous chemicals – for example, is that powder on the floor of a bedroom an explosive (terrorist activity), cocaine (drug activity), or baby powder (hastily changed diaper?)

These tools are primarily used as bulk solid and liquid identification techniques and have the capability to identify thousands of material types. As such, these tools are often utilized at the end of an evaluation to determine the identity of all visible materials at the scene. With near-trace to bulk solid and liquid identification capabilities, M908 can also be utilized in conjunction with these tools, swabbing for residues on surfaces and performing a first pass at solid and liquid materials present to assist in rendering the site safe before Raman and FTIR are used to complete the mission.

Cleaning Up the Kitchen Menace

With the addition of M908 the new responder tool kit now has the tools necessary to protect first responders from evolving threats. As clandestine and household labs become more and more common in crime and disaster scenes, first responders must be equipped with tools downrange that are sensitive and selective enough to alarm them to priority threats. While the current toolkit contains a robust selection of analytical tools and meters, each has both benefits and limitations. It is the combination of these impressive detectors that will add real benefit to first responders’ activities. M908 allows for responders to more accurately confirm the presence of priority threats and quickly determine mission objectives in real time.

About Dr. Kevin Knopp

Knopp is co-founder & CEO of 908 Devices Inc. As an experienced high-tech entrepreneur, Kevin co-founded Ahura Scientific in 2002, and was Senior Vice President overseeing Operations, R&D and Safety and Security Sales through Ahura’s acquisition by Thermo Fisher Scientific in 2010, where he continued as Vice-President and Site Leader of the Portable Optical Analysis division. Kevin served as an independent board member for Crystal IS until its acquisition by Asahi-Kasei. He earned B.S.E.E from Boston University, M.S.E.E, and Ph.D. degrees in Optics from the University of Colorado. Kevin is an inventor on more than 20 US patents, is an author on more than a dozen refereed publications, and his products have received R&D 100, Business Week IDEA, GSN, CPhI Gold, Cygnus, and Frost & Sullivan awards.

Edmonton needs 25 new HazMat techs, says chief

Edmonton currently has 110 trained HazMat technicians, but dealing with 813 spill-dominated HazMat calls in 2014 put stress on the team
HazMat calls are on the rise in Edmonton, arguably a “petrochemical capital,” and the city’s Fire Chief wants to hire 25 HazMat technicians to bridge the gap, a move that could cost upwards of $2.4 million per year.

Edmonton currently has 110 trained HazMat technicians, but dealing with 813 spill-dominated HazMat calls in 2014 put stress on the team. The Chief, Ken Block, only expects HazMat calls to increase in the coming year.

The number of train cars carrying oil products in Alberta is expected to jump by 242 per cent from 2012 to 2024, according to the Canadian Energy Research Institute.

Environmental Opportunities in HydroFracking

In November of 2014, President Obama stated in the press conference that he was skeptical of the claims by proponents that the proposed Keystone XL pipeline would create jobs. In its review of the project, the U.S. State Department estimated that the project would create 3,900 jobs during the two years of construction and 50 permanent jobs during operation.

With the recent Presidential election results in the United States, there are many who think that the Keystone XL pipeline project may well be approved and other controversial activities, such has hydrofracking, will also get the go-ahead by a “jobs-first” administration.

Opponents of the hydrofracking claim the environmental harm from accessing oil and natural gas from shale is not worth the jobs and cheap energy. Those that struggle to heat their homes throughout the year and opt to look for light companies with no deposit and cheap monthly bills would definitely prefer the cheap energy and being able to keep warm through the winter months.

In Canada, fervent environmental activists have made up their minds that hydrofracking anywhere in the country is too dangerous and should not be pursued (there is natural gas trapped in shale rock deposits in various provinces including the Maritimes, Upper Canada, and Western Canada).

Opposition to hydrofracking has been so ardent that there are moratoriums on fracking in Nova Scoatia, New Brunswick and Quebec. A poll conducted by EKOS Research and released by the the Council of Canadians (a not-for-profit lobby group that is anti-fracking) claims 70% of Canadians support a national moratorium on fracking until is scientifically proven to be safe (the question asked during polling was prefaced with anti-fracking statements).

The Council of Canadians (CofC) wants no fracking in Canada because of, amongst other things, its high water use and the danger it poses to groundwater and local drinking water. It seems the CofC is of the opinion that no technology exists today that can treat the water used in fracking to acceptable levels despite the fact the wastewater generated from fracking is no more difficult to treat than industrial or municipal sewage.

Since fracking first began in 1950’s, there continues to be much research, development, and implementation of new technologies and methods for the safe extraction of oil and natural gas along with the proper treatment and reuse of water.

What is Fracking?

Hydraulic fracturing, also known as “hydrofracking or “fracking”, is a method of recovering natural gas and involves the injection of large quantities of water, sand, along with chemical additives (i.e., surfactants and gelling agents) at high pressure down a well into a rock formation. The pressurized mixture causes fractures in the rock which results in the release of natural gas or oil.

Fracking releases the petroleum products that had been embedded in the rock where they are captured at the surface along with a portion of the original fracking fluid (flowback water). The controversy around fracking is the concern of the contamination of local water supplies.

Fracking has been taking place in Canada for over 50 years. During that time, there have been over 175,000 wells drilled and not a single case of drinking water contamination has been recorded.

Environmental Issues

One of the major environmental concerns related to fracking of the water used in hydrofracking that flows back up the well (referred to as “flowback”). There are a number of options for treating the flowback including deep well injection (relatively inexpensive) to treatment prior to discharge to receiving waters (relatively expensive).

With available water be a limiting factor in the development of some natural gas resources, much focus has been placed on recycling the flowback so it can be reused in other fracture wells. Recycling flowback can offset water source requirements while avoiding the relatively high cost associated with flowback water disposal.

There is nothing special about fracking water that cannot be treated using today’s industrial water treatment technologies. According to Statistics Canada, there were 61, 572 jobs in the oil and gas industry in 2013. There were 99, 435 jobs in “Support activities for mining and oil and gas extraction” in 2013. Included in these figures are environmental jobs.

Moving Forward

The incredible natural resources in Canada have been a key to our prosperity. Tapping these resources does impact the environment. Managing and mitigating the environment impacts is important to our continued prosperity. Shutting down any development of oil and natural gas supplies is short sighted and ignores the continued advances in innovation water recycling and wastewater treatment technologies. It also destroys jobs in the oil and gas industry as well as the environment industry.

New Contaminated Sites Regulations in British Columbia

On September 21, 2016, the Minister of Environment Mary Polak amended the Contaminated Sites Regulation, B.C. Reg. 375/96 (the “Regulations”). The amendments took effect November 1st, 2017, following a 12-month transition period, and have been a long time coming, as the Regulations have been sparingly updated since its implementation in 1997.

The amendments will incorporate new soil, water, and vapour standards that were developed while taking into account a number of considerations. These include up-to-date toxicology data, the new B.C. environment groundwater model, and new deviation protocols for environmental quality standards from environmental agencies around the world. Because existing sediment quality criteria already reflect standards used throughout North America, sediment standards remain substantially unchanged.

To improve ease-of-use, the Regulations have been reorganized and consolidated into four schedules, each representing standards for an environmental medium — soil, water, sediment, and vapour. A number of Contaminants of Emerging Concern have been added, and the Regulations will now address several specific exposure/land use scenarios, setting particular soil standards for High and Low Density Residential land use, ecological impact standards for Natural and Reverted Wildlands, and vapour standards for at-surface and below-surface parkade facilities.

To streamline the soil relocation process, the new soil and vapour standards will also be used to determine when a soil relocation agreement is required to relocate soil, and leachate tests may now be used (with authorization) to demonstrate that water quality will not be impacted at a soil receiving site.

The Regulations will trigger the need for consequential amendments to the Hazardous Waste Regulation, B.C. Reg. 63/88 and Organic Matter Recycling Regulation, B.C. Reg. 18/2002, which haven’t been amended since the 1980s, to bring their standards in line with the Regulations.

Finally, to ensure standards remain scientifically and economically defensible, the Regulations will include provisions requiring the director to review the standards every five years and bring any recommended changes to the attention of the Minister.

The new Regulations will have wide reaching implications on the identification and remediation of contaminated sites, and will likely have implications for property owners across the Province. Owners and potential purchasers of potentially contaminated property should be aware of the consequences of the new Regulations.

About the Author

Luke Dineley is a partner in both BLG’s Insurance and Tort Liability Group and Environmental Law Group in our Vancouver office. Luke focuses his practice on civil litigation, with an emphasis on insurance and tort law, and environmental law.

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 published by Borden Ladner Gervais.

Court Denies Municipality Access to Industry’s Hazard Assessment Report

Decision and Implications

On October 13, 2016 the Saskatchewan Queen’s Bench in Consumers’ Co-operative Refineries Ltd. (CCRL) v. the City of Regina 2016 SKQB 335 held that information in a major instance hazard assessment report, prepared by Marsh Risk Consulting so that CCRL could obtain approvals from the City and the Ministry of the Environment (MOE) to expand its refinery, should not be publicly disclosed. CCRL had appealed decisions by both the City and the MOE to release redacted versions of the hazard assessment report to a journalist under both the Local Authority Freedom of Information and Protection of Privacy Act SS 1990-91,c L-27.1 and the Freedom of Information and Protection of Privacy Act SS1990-91 c F-22. These statutes, dealing with the rights and obligations of the City and MOE respectively, mirror access legislation both federally and in other provinces around the country.

The ruling has important implications for industries which supply technical information to regulators, particularly nuclear and chemical industries for whom security concerns must always be in the forefront.

The Accepted Facts

Crucially, affidavit evidence was introduced on appeal. The hazard assessment report was described as including typical inventory supplies, details of the design and configuration of process equipment and processing methods, operating data associated with the selected process equipment and location details of process equipment. The affidavit stated that knowledge of the inventory, in conjunction with the type of configuration and details of equipment, revealed commercially sensitive information. The CCRL employed a unique configuration of process equipment and processing methods to produce high quality petroleum products. Detailed descriptions of such process equipment and processing methods were of immense economic value to CCRL and their competitors. Six of these competitors operated refineries in Western Canada.

Arguments: Public Interest Override

The City argued that despite the mandatory prohibition against disclosure of technical, financial and commercial information supplied in confidence, the statutes gave a discretion to the City and the MOE to provide access to information in a record if disclosure of the information could reasonably be expected to be in the public interest as it relates to public health, public safety or protection of the environment and disclosure on such grounds could reasonably be expected to outweigh the importance of financial loss or gain, prejudice to the competitive position, or interference with contractual or other negotiations. The Court found that the balancing of the continuing need for confidentiality and the public interest in disclosure could best be accomplished through the severance and redaction provision in the statutes. The Court further found that the un-contradicted affidavit established a reasonable expectation of harm, damage or detriment to the CCRL and not mere inconvenience and a causal connection between the disclosure and the anticipated harm.

Security Concerns

Finally, the CCRL introduced on appeal an affidavit which stated that the hazard report provided a detailed guide to the most vulnerable parts of the refinery where accidents of the severest magnitude could occur. The consultant’s affidavit conceded that the modelling and probabilistic analysis was difficult to understand, but had been drafted to include various descriptions and graphics to help explain and reveal the specific parts of the refinery where the worst possible accidents could occur – “by distilling this information into a more digestible form, it is more accessible and may be used as a potential ‘playbook’ or instructions for any person or group interested in causing the maximum amount of damage to the Regina Refinery (and to adjacent property and persons) in the most efficient manner possible.”

The affidavit took issue with the City’s argument that the information sought to be withheld was available on public internet sites like Google Earth®. While Google Earth images were utilized as a graphic aid, they were insufficient to complete the assessment report. It is important to have a third party risk management software that could help maintain your connection around your business. “…we required inventory details, details of the specific locations of numerous equipment at the Refinery, the circuitry of the Refinery, the composition of the contents of each vessel among other details that are strictly within the private knowledge of CCRL.” The consultant had to apply this proprietary information with its expertise in the use of software and the interpretation of the software results to complete the report.

The Court accepted these statements in ruling that the discretionary power to deny access to a record applied when the disclosure could threaten safety or the physical and mental health of an individual. A similar result was obtained in Ontario on December 7, 2011. John Higgins, a senior adjudicator for the Ontario Information and Privacy Commission, upheld a decision by Ontario Power Generation Inc. (OPG) to withhold ‘source terms’ – estimates of the release of radio-nuclide species from containment into the environment at OPG’s nuclear reactor sites due to postulated event sequences ranked according to the probability of occurrence (see Final Order PO-3019-F, Appeal PA08-96).

This article has been reprinted from an e-newsletter with permission from Fogler Rubinoff. It is intended for general information purposes only and should not be relied upon as legal advice.


About the Author

Stanley Berger is certified by the Law Society of Upper Canada as a specialist in environmental law. He was called to the Ontario Bar in 1981. He joined the law firm of Fogler Rubinoff on July 4, 2013. Stanley was the founder of the Canadian Nuclear Law Organization and served as its President between 2008-2015, and remains a board member. He is also is a former President of the International Nuclear Law Association. He has taught nuclear law for the Nuclear Energy Agency in France and is an adjunct professor for York University’s Professional Master’s Degree in Energy. Stanley is the author of a quarterly publication entitled “The Prosecution and Defence of Environmental Offences” and edits an annual review of environmental law.

Stanley represents suppliers and operators in the nuclear industry on nuclear liability and regulatory issues. He provides legal advice to the Nuclear Waste Management Organization. Other clients include the CANDU Owners Group and a large Ontario municipality. His environmental practice includes litigation before courts, boards and tribunals, as well as solicitor’s work on behalf of renewable energy companies, landowners and waste management entities. He represented a First Nation on regulatory matters relating to a renewable energy project. His practice also includes the protection of proprietary information on applications before Ontario’s Freedom of Information and Privacy Commission.

Before joining Foglers Stanley 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. He also defended the Company on environmental matters relating to the hydro-electric and fossil divisions. Stanley provided strategic legal advice and representation on aboriginal litigation and participated in First Nation settlement negotiations.

Prior to joining OPG, Stanley served as 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. He appeared before appellate and trial courts and tribunals in Ontario and chaired a multi-stakeholder committee which reported to the Minister on the use by Ministry enforcement officials of environmental audits.

Stanley started his legal career as a prosecutor in Toronto’s criminal courts and in that capacity had carriage of over 20 jury trials as well as a number of coroner’s inquests.

Edmonton needs 25 new HazMat techs, says chief

Edmonton currently has 110 trained HazMat technicians, but dealing with 813 spill-dominated HazMat calls in 2014 put stress on the team

HazMat calls are on the rise in Edmonton, arguably a “petrochemical capital,” and the city’s Fire Chief wants to hire 25 HazMat technicians to bridge the gap, a move that could cost upwards of $2.4 million per year.

Edmonton currently has 110 trained HazMat technicians, but dealing with 813 spill-dominated HazMat calls in 2014 put stress on the team. The Chief, Ken Block, only expects HazMat calls to increase in the coming year.

The number of train cars carrying oil products in Alberta is expected to jump by 242 per cent from 2012 to 2024, according to the Canadian Energy Research Institute.