ALBERTA ENVIRONMENT

CANADIAN SOCIETY OF SAFETY ENGINEERING

REGULATORY AWARENESS AND THE ENVIRONMENT

DECEMBER 12, 2005

Everybody has a part to play in ensuring the protection of the environment by being proactive through best management practices and adopting sound EMS.

Also all parties should be reactive to impacts to the environment by taking remedial measures, adopting pollution prevention programs and exercising due diligence.

Industry

Gov’t

Agency Public

Overall responsibility for environmental protection is shared between the public, government and industry.

Delegated agencies, boards and governments administer the specific legislation.

Agency

Public IndustryGov’t

ENVIRONMENTAL PROTECTION AND ENHANCEMENT ACT

PURPOSE• Support and promote the protection, enhancement and wise use of the environment

PROCESS• EIA

• Approvals

• Codes of Practice

• Compliance Assurance

ENVIRONMENTAL LEGISLATION

ENVIRONMENTAL ASSURANCEDrinking WaterScience and StandardsEnvironmental Partnerships and EducationEnvironmental Monitoring and Evaluation

REGIONAL SERVICESApprovals and LicencesContaminated sitesCompliance Assurance

•Inspection•Enforcement

ALBERTA ENVIRONMENT

THREE REGIONSSouthern Region

•Calgary•Lethbridge

Central Region•Red Deer•Edson•Stony Plain

Northern Region•Edmonton•Peace River

ALBERTA ENVIRONMENT

•Involves 3 components - Education, Inspection, and Enforcement.

•Consistency is a key principle to ensure success of program.

•Defined as “all activities undertaken to ensure that regulated parties comply with legislation

COMPLIANCE ASSURANCE

INSPECTIONS•Data gathering function•Obtain technical understanding of operation•General or routine on-site review of facility

INVESTIGATIONS•Evidence gathering function•Seeks to substantiate or dismiss allegation

COMPLIANCE ASSURANCE

COMPLIANCE INSPECTION PROGRAM Regional Coordination Emphasis is on prevention and education Unannounced inspections Frequency of inspections depends on priority

Consistent Inspections are followed up

INSPECTIONS

INSPECTORS ARE DESIGNATED BY THE DIRECTOR

Legislated Appointments

•Section 25 of EPEA

•Section 163 of WA Powers provided and identified in the legislation

INSPECTIONS

•High priority program for Regional Services

•Conducted under the authority of the Environmental Protection & Enhancement Act & Water Act

•Regional delivery model

•Primary purpose is to “confirm compliance”

INSPECTIONS

•Multimedia approach where possible

•In one inspection all aspects of any facility’s approval or registration maybe reviewed including compliance with the applicable Act and regulations.

•May include taking samples of air, water, soil and groundwater.

INSPECTIONS

CATEGORIES OF ACTIVITIES•Industrial Facilities

•Municipal Water/Wastewater Plants

•Waste Management and Disposal

•Conservation and Reclamation of Specified Land

•Pesticide Sales, Storage and Handling

•Codes of Practice

INSPECTIONS

•The program will focus on prevention and education of stakeholders to Acts, Regulations, Approvals, and Codes of Practices.

•The program will also educate regulated stakeholders on the compliance inspection program and the importance of reporting

INSPECTIONS

•Emphasis on identifying and correcting non-compliance.

•Industry will be given a reasonable opportunity to come back into compliance providing there is no adverse effect or willful contravention.

•Notice of Non-Compliance

INSPECTIONS

PRIORITY AND FREQUENCY OF INSPECTIONS

•Potential for adverse effect

•Sensitivity & Issues

•Compliance history and Environmental performance

•Good performance rewarded with less frequent inspections

INSPECTIONS

INVESTIGATIONS ADDRESSAlleged contraventionsEmergency responsePublic complaintsIndustry reportingSubstance releases

INVESTIGATIONS

AN INVESTIGATOR WILL: Gather evidence to determine if a contravention occurred

Assess whether sufficient evidence exists to proceed with enforcement action

Assess any defences to the allegation

INVESTIGATIONS

ENFORCEMENT OPTIONSField WarningWarning LetterTicketsEnforcement OrdersAdministrative PenaltiesProsecutionsCourt OrdersCancellation of Approvals

INVESTIGATIONS

OFFENCES

•Regulatory offences for which there need only to be proof of the prohibited act

•Regulatory offences for which defences of “due diligence” and reasonable mistake of fact are available

OFFENCES

STRICT LIABILITY No need to prove state of mind Conviction can follow upon mere proof of offence

Accused allowed to rebut with evidence of reasonable care (due diligence)

Regulatory offences (public welfare) are prima facie strict liability offences

OFFENCES

A person shall not be convicted of an offence if that person establishes on a balance of probabilities that he took all reasonable steps to prevent its commission.

DUE DILIGENCE

STANDARD OF CARE The higher the risk, the higher the standard Depends on knowledge, skill, ability of person, organization

Industry standards Resources of the organization Each case depends on the facts of the situation

DUE DILIGENCE

In the context of an employer who has delegated work to an employee or independent contractor, due diligence consists of setting up and implementing a system to prevent breaches of the law.

DUE DILIGENCE

COMPONENTS OF A SYSTEMDevelopment of policies

•employer•board of directors

Implement policies by establishing:•lines of authority•reporting mechanisms•procedures

DUE DILIGENCE

COMPONENTS OF A SYSTEMWill include:

•Personnel considerations•Communication considerations•Physical considerations

Systems should be designed to:•Include safety margins to prevent non-compliance from occurring ,and

•Provide for adequate inspection, monitoring and auditing of all these systems

DUE DILIGENCE

CORPORATE LIABILITY What role the corporation played The corporations response to the problem What measures were taken to prevent the offence

What control the corporation had over the illegal activity

DUE DILIGENCE

LACK OF DUE DILIGENCEFailure to trainAllowing the wrong person to do the jobFailure to have sufficient people on the jobFailure to provide a safe workplaceFailure to consider circumstancesIgnorance of the law

DUE DILIGENCE

The Act and Regulation insure that Industry knows what and when to report

Enacted to prevent a worsening adverse effect on the environment, public health or safety

Additionally to confirm that remedial measures are taken in a timely manner

RELEASE REPORTING

Adverse Effect - means the impairment or damage to the environment, health, safety or property.Owner Of A Substance - means the owner before or during the release.Person Having Control Of A Substance - means the person having charge, management, or control of the substance.Containment – means the use of a building, structure, or thing designed to prevent the released substance from causing an adverse effect.

RELEASE REPORTING

Immediate Reporting – An individual shall report the release of a substance and the potential adverse effect and the information listed in s. 111 of EPEA at the first opportunity. This is not to be interpreted to mean at the convenience of the person.Written Report – A written report shall be received by the Environmental Response Service Centre within 7 calendar days of the oral report. The report must include the information required by s.4(3) of the regulation.

RELEASE REPORTING

DUTY TO REPORTWho Must Report

•Person who releases or causes or permits the release•Person having control of the substance (unless it is already reported)•Police officer or employee of local authority(unless it is already reported)

RELEASE REPORTING

DUTY TO REPORTWhat Must Be Reported

•Release of substances to the environment that have caused, are causing, or may cause an adverse effect

•Determining factors including but not limited to:–The chemical and physical characteristics of the substance released,

–The receiving media,–The location of the release, and–The risk to the environment.

RELEASE REPORTING

DUTY TO REPORT

The onus is on the person who causes or permits the release or has control of the released substance to determine whether there is an adverse effect.

RELEASE REPORTING

DUTY TO REPORTWhen To Report

Release should be reported as soon as the person knows or ought to have known of the release.

Immediate release reporting required by the Release Reporting Regulations.

Reporting should follow the criteria set out in the Release Reporting Guideline.

RELEASE REPORTING

ORAL REPORT

Section 111(1) EPEA Location and time of release Description of circumstances leading to the release

Type and quantity of substance released Details of actions taken at the time of the release

Description of the surrounding area

RELEASE REPORTING

WRITTEN REPORT

Section 4(1) Substance Release Regs.•The date and time of release

•Location

•Duration

•Composition; concentration; quantity

•Detailed circumstances

•Steps taken to minimize, control or stop

•Steps to prevent similar releases

•Any other information required

RELEASE REPORTING

TO WHOM REPORTS SHOULD BE MADE• Reports should be made to the ERC as follows:

•Verbal reports can be phoned to:(780) 422-4505 or 1-800-222-6514 on a 24 hour basis.

•A reference number will be provided at the time of the report.

•Written reports can be faxed to:(780) 427-3178 orMailed to:Environmental Response Centre111 Twin Atria Building4999 – 98th AvenueEdmonton, Alberta T6B 2X3

RELEASE REPORTING

Reporting is a cornerstone of EPEA legislation

Non-reporting is treated seriously Onus is on operator to determine whether adverse effect from release has occurred and to report

Use common sense If in doubt, REPORT !!

RELEASE REPORTING

•Education, prevention and enforcement activities will be used to achieve compliance

•Legislative requirements will be clear and enforceable

•All staff will be trained to undertake compliance and enforcement activities

•Compliance and enforcement activities will be carried out in a consistent and timely manner

KEY MESSAGES

•Alleged contraventions will be responded to in a timely and appropriate manner

•Appropriate compliance and enforcement tools will be used

•Enforcement responses will be firm and fair

•Enforcement responses will involve remediation, deterrence and punishment and based on polluter pay philosophy

•Partnerships with the public, stakeholders and other government agencies will be encouraged

KEY MESSAGES