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Water company pleads guilty to hazardous waste violations

As reported by the Associated Press, A California-based water company recently pleaded guilty to illegally storing and transporting hazardous waste and agreed to a $5 million fine.  The company produces Crystal Geyser bottled water.

The hazardous waste was generated at the company from the sand filters used to remove arsenic out the spring water at the CG Roxane LLC’s facility in Owens Valley.  When the sand filters were back washed with sodium solution, thousands of gallons of arsenic-contaminated water was generated.  The company entered the pleas to one count of unlawful storage of hazardous waste and one count of unlawful transportation of hazardous material.  The  company was accused of discharging the wastewater into a man-made pond over the course of approximately 15 years.

Pond sampling by local water quality officials in 2013 found arsenic concentrations above the hazardous waste limit, as did subsequent sampling by state authorities and the company.  State officials instructed the company to remove the pond.  The two companies hired to manage the wastewater were not informed the wastwater was considered hazardous material, resulting in 23,000 gallons (87,064 litres) being discharged into a sewer without proper treatment.

 

Ontario: Asphalt Company Fined $175,000 for Environmental Violations

Ingram Asphalt Inc., located in Toronto, was recently convicted of five violations under the Ontario Environmental Protection Act and was fined $175,000 plus a victim surcharge of $43,750.  The company was given 24 months to pay the fine.

The convictions relate to permitting the discharge of Benzo(a)Pyrene, a contaminant that exceeded established standards, and for violating three ministry approval conditions, and for alteration of equipment without ministry approval.

Ingram Asphalt Inc. produces asphalt road pavement at a facility located on Ingram Drive in Toronto, within an industrial area shared with various businesses, and a commercial building with residential space.  Over the years there have been complaints regarding concerns about dust leaving the site and adversely impacting businesses and quality of life.

Breakdown on Fines

With respect to the prosecution on the discharge of Benzo(a)Pyrene into the air, the company was fined $100,000 for permitting the discharge for a specified averaging period and exceeding the acceptable levels under Section 20 (2) of Ontario Regulation 419/05 under the Environmental Protection Act, on December 11, 2017. The ministry was notified of the exceedance with reported levels in the air of 0.0000297 micrograms per cubic meter, compared to the allowable limits specified as 0.00001 micrograms per cubic meter, almost three times the allowed maximum.

Ingram Asphalt was fined $55,000 for three violations for non-compliance with a ministry approval for conditions outlined in the company’s December 2016 approval conditions specific to addressing concerns about air pollution. Despite efforts by the ministry to bring the company into compliance it was identified that the company was non-compliant in the following areas: (1) Condition No. 1 (5) restricts the height of storage piles to be less than the height of the associated barrier walls; (2) Condition No. 10 requires the installation of an opacity monitor in accordance with the requirements; and (3) Schedule “D” requires the company to submit a Source Testing Report in accordance with the requirements.

The company was fined $20,000 on one violation for altering the approved equipment by failing to connect pipe and duct work from the asphalt tanks to the batch dryer, which is part of the air pollution control equipment.

Benzo(a)Pyrene

 

Benzo(a)pyrene and other polycyclic aromatic hydrocarbons (PAHs) are widespread environmental contaminants formed during incomplete combustion or pyrolysis of organic material. These substances are found in air, water, soils and sediments, generally at trace levels except near their sources. PAHs are present in some foods and in a few pharmaceutical products based on coal tar that are applied to the skin. Tobacco smoke contains high concentrations of PAHs.

Major sources of PAHs in ambient air (both outdoors and indoors) include residential and commercial heating with wood, coal or other biomasses (oil and gas heating produce much lower quantities of PAH), other indoor sources such as cooking and tobacco smoke, and outdoor sources like motor-vehicle exhaust (especially from diesel engines), industrial emissions and forest fires.

 

Ontario: Environment Fine for Trucking Firm’s emissions control system

Derek Crosby Ltd., operating as D&J Transportation, was recently found guilty in an Ottawa court of violating the Ontario Environmental Protection Act and fined $20,000 plus victim surcharge of $5,000.  The convictions relate to causing a manufacturer installed system or device on a motor vehicle used to prevent or lessen the emission of any contaminant to not function in the manner in which it was intended to function when the motor vehicle was running.

D&J Transportation operates a heavy-duty transport trucking company and  also provides heavy-duty mechanical service to other trucking companies. Derek Crosby is the company’s sole director.

On September 5, 2018 a truck owned and operated by Thomas Cavanagh Construction Ltd., was stopped for a routine inspection of the vehicle’s environmental emission controls. The vehicle failed the inspection.  Ontario Environment Ministry staff contacted the fleet manager for Thomas Cavanagh Construction Ltd., which led the company self-identifying ten addition vehicles operating with faulty environmental emission controls.

On November 29, 2018 ministry staff met with the fleet manager for Thomas Cavanagh Construction Ltd. The Fleet Manager confirmed that the emission control tampering on all twelve Thomas Cavanagh Construction Ltd., vehicles was performed by Derek Crosby Ltd., operating as D&J Transport.  An investigation resulted in charges being laid which resulted in four convictions under the Ontario Environmental Protection Act..

Canada: $150,000 Fine for Oil Leak from Fuel Truck

Representatives of Hay River Mobile Home Park Ltd., located in Northwest Territories, recently plead guilty in response to a charge of violating subsection 36(3) of the Canada Fisheries Act. The company was fined $150,000, which will be directed to the Government of Canada’s Environmental Damages Fund.

Under the subsection 36(3) of the Fisheries Act, no person shall deposit or permit the deposit of a deleterious substance of any type in water frequented by fish or in any place under any conditions where the deleterious substance or any other deleterious substance that results from the deposit of the deleterious substance may enter any such water.

The events that led to the fine occurred in October 2016.  Environment and Climate Change Canada enforcement officers responded to a report from the Northwest Territories 24-Hour Spill Report Line that a fuel sheen had been observed on the Hay River. An investigation determined that a fuel truck parked on Hay River Mobile Home Park Ltd. property had released a diesel/water mixture, over a 20-hour period, onto land adjacent to the Hay River. An undetermined amount of the mixture then entered the Hay River, which is home to a variety of fish species, including walleye, whitefish, and northern pike.

The spill of fuel oil from the truck was the result of a malfunction.  The truck remained idle through years of freezing and thawing, until a filter used to separate the truck’s water from fuel cracked. The vehicle’s remaining fuel subsequently drained out and flowed on to the banks of the Hay River.  An expert brought testified in court that a projected that between 3.3 liters and 79.1 liters of fuel seeped into the river.

As a result of this conviction, the company’s name will be added to the Environmental Offenders Registry.

 

Ontario aerosol manufacturer fined for violating Environmental Emergency Regulations

Written by Paul ManningManning Environmental Law

As of August 24, 2019, the Environmental Emergency Regulations, 2019 replaced the existing Environmental Emergency Regulations, which require industry to take steps to prevent, prepare for, respond to, and recover from the accidental release of harmful chemicals.

The Regulations require that any person who owns, has the charge of, manages, or controls a regulated substance at or above certain quantities to notify Environment and Climate Change Canada. For higher-risk facilities, an environmental emergency plan must be prepared, brought into effect, and exercised.

On November 12, 2019, K-G Spray-Pak Inc. of Concord, Ontario pleaded guilty in the Ontario Court of Justice to two offences under the Canadian Environmental Protection Act, 1999, including one count of violating the Environmental Emergency Regulations and one count of failing to comply with an environmental protection compliance order. The company was ordered to pay a fine of $170,000.

In February 2017, Environment and Climate Change Canada’s enforcement officers launched an investigation, which revealed that K-G Spray-Pak Inc., a manufacturer, marketer, and distributor of aerosol products, had failed to comply with an environmental protection compliance order issued in July 2016.

Environmental protection compliance orders are issued by Environment and Climate Change Canada’s enforcement officers to put an immediate stop to a violation of the Canadian Environmental Protection Act, 1999, to prevent a violation from occurring, or to require action be taken to address a violation.

The company was subsequently charged when it failed to implement and test environmental emergency plans within the prescribed time limit specified in the compliance order.

https://www.canada.ca/en/environment-climate-change/news/2019/11/ontario-aerosol-manufacturer-fined-for-violating-the-canadian-environmental-protection-act1999.html

This article has been republished with the permission of the author. It was first published here .

This article is provided only as a general guide and is not legal advice. If you do have any issue that requires legal advice please contact Manning Environmental Law.


About the Author

Paul Manning is the principal of Manning Environmental Law and an environmental law specialist certified by the Law Society of Ontario. He has been named as one of the World’s Leading Environmental Lawyers and one of the World’s Leading Climate Change Lawyers by Who’s Who Legal.
Paul advises clients on a wide range of environmental law issues and represents them as counsel before tribunals and the courts. His practice focuses on environmental, energy, planning and Aboriginal law.

 

 

Company fined $564,000 for violating VOC limits in CEPA Regulations

An automotive parts supplier based in Quebec, Les Entrepôts A.B. inc., was recently fined a total of $564,000 after pleading guilty, on October 4, to three counts of contravening the Canadian Environmental Protection Act, 1999 and the Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations, which are part of the Act.

An investigation by Environment and Climate Change Canada (ECCC) enforcement officers revealed that the company had imported, offered for sale, and sold automotive refinishing products that contained volatile organic compounds in excess of the allowable limit. The company also failed to comply with an environmental protection compliance order issued by an enforcement officer, under the Canadian Environmental Protection Act, 1999.

The company received two fines of $125,000 for importing and selling the products, respectively, totaling $250,000, and a fine of $150,000 for failing to comply with an environmental protection compliance order. In addition to the fines on the three counts, the company received an additional $164,000 fine for financial gains. This amount represents the profits generated by the sale of non-compliant automotive refinishing products. The total fines will be directed to the Environmental Damages Fund.

In addition, the judge ordered the confiscation and destruction of the automotive refinishing products seized at the company’s expense, as well as the publication of an article in Le Carrossier magazine (Autosphere.ca) within six months. The article must contain the facts of the offence and the details of the sentence.

As a result of this conviction, the company’s name will be added to the Environmental Offenders Registry.  The Environmental Offenders Registry contains information on convictions of corporations registered for offences committed under certain federal environmental laws.

Volatile organic compounds are primary precursors to the formation of ground-level ozone and particulate matter, the main components of smog. Smog is known to have adverse effects on human health and the environment.

It is estimated that over 5 kilotonnes of VOCs are emitted each year from coatings and surface cleaners used in automotive refinishing operations in Canada. The Volatile Organic Compound (VOC) Concentration Limits for Automotive Refinishing Products Regulations are expected to reduce the annual VOC emissions from these sources by approximately 40%.

The Automotive Refinishing Products Regulations set concentration limits of volatile organic compounds for 14 categories of automotive refinishing products identified in the schedule of the regulations.

The Regulations are aligned with limits set by the California Air Resources Board suggested control measure (CARB SCM) for automotive refinishing products. During regulatory development, it was determined that the greatest potential reduction in Canada would be achieved by establishing VOC concentration limits similar to the CARB SCM. Other jurisdictions in the United States, as well as the European Union, have either already established similar limits or are considering them. Therefore, aligning the Regulations will facilitate consistency across North America, provide a level playing field to manufacturers and importers of automotive refinishing products, and provide consistent treatment across jurisdictions.

 

UBC fined $1.2 million for Release of Ammonia-laden Water

The University of British Columbia and CIMCO Refrigeration were recently sentenced for offences committed in violation of the Canadian Fisheries Act, related to a 2014 ammonia-laden water release that ended up in a tributary of the Fraser River.

CIMCO Refrigeration was fined $800,000 after pleading guilty to depositing or permitting the deposit of a deleterious substance into an area that may enter water frequented by fish.

The University of British Columbia was fined $1.2 million after being found guilty of the several offences including the depositing or permitting the deposit of a deleterious substance into water frequented by fish (Booming Ground Creek) and failing to report the incident in a timely manner.

Screenshot courtesy of Ministry of Justice.

In addition to the fine, the University was also ordered to conduct five years of electronic monitoring of storm-water quality at the outfall where the release occurred.

The University has filed an appeal against these convictions.

Background on the Incident

On September 12, 2014, Environment and Climate Change Canada was contacted regarding an ammonia odour at an outfall ditch connected to Booming Ground Creek in Pacific Spirit Regional Park. The source of ammonia was identified as coming from a refrigeration plant at Thunderbird Arena at the University of British Columbia.

CIMCO Refrigeration and the University were completing repairs of the refrigeration system and used a negative pressure device, known as a Venturi, to purge residual ammonia vapours from the system. The mixture of water and ammonia was then discharged into a storm drain at the arena, which flowed to the outfall, through a ditch, and into Booming Ground Creek, which is a tributary of the Fraser River.

Officers and park rangers found approximately 70 dead fish in Booming Ground Creek in the two days following the discharge. The level of ammonia deposited in the water in the storm drain and ditch was analyzed and found to be harmful to fish.

As a result of this conviction, both organizations’ names will be added to the Environmental Offender’s Registry.

Solvent Spill from Transport Truck results in $100,000 fine

Penner International Inc., headquartered in Manitoba, was recently convicted on one charge on the Ontario Environmental Protection Act as a result of a spill of solvent from one its transport trucks in 2017. The company was fined $100,000 plus a victim surcharge of $25,000.

The driver of the vehicle involved in the solvent spill was also personally charged and convicted. He was fined $35,000 plus a victim surcharge of $8,750. He was given 12 months to pay the fine.

In spill occurred on July 20, 2017 in the Town of Gwillimbury, approximately a 1-hour drive of Toronto. A Penner tractor-trailer driven a by independent contractor was heading north on Highway 400 when it rear-ended a pick-up truck that swerved in front of it, ultimately leading to a spill of solvent VORTEX WPM onto the highway.

The VORTEX PM had been picked up by the driver earlier in the day from a Mississauga, Ontario distribution company and loaded onto the trailer. The load consisted of twelve stainless steel 1500-kilogram. The distribution company did not secure them to the trailer.  The driver did not inquire as to whether the totes were secured or not before he closed the doors to the trailer and drove off.

During transport and at the time of the rear-ending incident, as the totes were not properly secured, they shifted and the valves on two of the totes were knocked open. Solvent spilled from the trailer onto the highway and some also ran down gradient onto the soil of an adjacent construction site.

A one-kilometre evacuation zone was also established around the spill site. The closure remained in force for 10.5 hours, and the construction site’s operations were affected for a few days.

Hundreds of motorists were trapped on Highway 400, where the spill occurred, for up to five hours before they could be re-routed to ancillary roads.

VORTEX WPM is an organic solvent that is flammable. To clean up a large spill of VORTEC WPM, the Material Safety Data Sheet (MSDS) for VORTEX WPM states: “Eliminate all ignition sources. Persons not wearing protective equipment should be excluded from area of spill until clean up has been completed. Stop spill at source. Prevent from entering drains, sewers, streams, etc. If runoff occurs, notify authorities as required. Pump or vacuum transfer spilled product to clean containers for recovery. Transfer contaminated absorbent, soil and other materials to containers for disposal.”

Penner International Ltd. was founded in 1923 and specialized in truckload dry van, international, and Canadian transport.

Summary of Environmental Enforcement in British Columbia for 2018

The Province of British Columbia recently released its quarterly environmental enforcement summaries for the third and fourth quarters of 2018 to provide transparency on action taken against polluters.

The summaries detail a total of 1,728 environmental enforcement actions taken by the provincial government during this time period, along with $885,907 in associated penalties and fines.

In total, the Province issued 62 orders, 139 administrative sanctions, 31 court convictions, 14 administrative penalties and 2,412 violation tickets totalling $1,092,465 in fines in 2018. The most frequently contravened acts were the Wildlife Act with 1,040 violations, the Fisheries Act (Canada) with 375 violations and the Off-Road Vehicle Act with 344 violations.

To date, nearly 33,000 enforcement actions have been published in the summary and entered into the ministry’s environmental violations database.

Notable enforcement actions, for this period, include:

  • Radium Resort Group Ltd. was fined $200,000 for introducing waste-causing pollution and open burning of prohibited construction materials. Of that total, $190,000 was directed to Habitat Conservation Trust Fund.
  • Mackenzie Pulp Mill Corporation received penalties of $81,100 for failure to maintain a recovery boiler and failing to comply with permit limits for bivalent sulphur compounds and particulate matter.
  • Canadian Pacific Railway Limited received a penalty for $31,500 for failure to comply with an effluent discharge permit for its rail yard in Golden.
  • Savage Creek Golf Course Ltd. received a penalty of $70,000 for significantly exceeding fill-level maximums, while developing an 18-hole Richmond golf course expansion in the Agricultural Land Reserve.

In addition, B.C. conservation officers issued 95 violation tickets related to activities that could spark a wildfire in the third quarter of 2018. The Province has taken a strong stance to protect forests and communities in the face of one of the worst fire seasons in British Columbia’s history, with more than 1.3 million hectares burned. Fines for these violations were $1,150 each and totaled $108,900 during this same period.

To view the full quarterly environmental enforcement summary, visit British Columbia Natural Resource Compliance & Enforcement website.

Dredging Company fined $350,000 for depositing damaging substance into Fraser River

Company fined $350,000 for depositing damaging substance in Fraser River

Fraser River Pile and Dredge (GP) Inc. recently pleaded guilty to the Fisheries Act violation in British Columbia provincial court. The court fined the company $350,000. The fine was a result of one of the company’s dredging causing the depositing a deleterious substance into water frequented by fish – the Fraser River.

The conviction stems from an incident that occurred on the Fraser River in February 2014. During that time, the company was dredging in Deas Slough in the Fraser River when its vessel punctured a submerged water main carrying chlorinated water to the City of Delta. Enforcement officers from Environment Canada and Climate Change (ECCC) investigated the incident and determined that chlorinated water was released through the pipe into the waterway.

ECCC charged the company with the Fisheries Act violation as Deas Slough is an important fish-bearing body of water and the concentration of chlorine that was released was damaging to fish.

FRPD Equipment in Operation (Source: FRPD)

Fraser River Pile & Dredge (GP) Inc. (FRPD) is Canada’s largest Marine & Infrastructure, Land Foundations and Dredging contractor.  FRPD’s fleet includes cutter suction and trailing suction hopper dredges, spud barges, cranes, dump scows, and flat scows. The company performs all types and sizes of marine & infrastructure, environmental remediation, dredging and land foundations projects.

The $350,000 collected from the company by the government will be directed to the Government of Canada’s Environmental Damages Fund. Also, the company’s name will be added to an Candian environmental offenders registry.