Transcription
ONTARIO’SSPILLLEGISLATION1
ENVIRONMENTAL PROTECTION ACT Part X in force - November 29, 1985 Deals specifically with spills2
KEY PART X PROVISIONS Spill definitionDuty to reportDuty to clean upRight to compensationSpill prevention and contingency plans (new)3
SPILL DEFINITION (Sect. 91) Discharge of a pollutant:–Into the natural environment–Out of a container–Abnormal in quantity or quality4
Spill to Air5
Spill to Land6
Spill to Water7
DUTY TO REPORT (Sect 92) Person having control of pollutant Person who spills, causes or permits aspillMust report forthwith8
REPORT SPILLS TO: Ministry Municipality Owner and person having control1-800-268-60609
PUBLIC AUTHORITIES Police officers and employees of municipalitiesand other public authorities must also report–If they have reason to believe the Ministry hasnot already been notified10
DUTY TO CLEAN UP (Sect. 93) Owner of pollutantPerson having controlMust clean-up and restore11
COMPENSATION (Sect. 99) For loss or damageFor reasonable cost and expensefrom owner andperson having control12
NEW - SECTION 91.1Spill Prevention and Spill Contingency Plans Persons prescribed by regulation shall developand implement plans to:– Prevent or reduce the risk of spills– Prevent, eliminate or ameliorate any adverse effectsfrom spills including Plans to notify the Ministry, municipality and othersPlans to ensure appropriate equipment, material and personnelare available to respond13
REGULATION675/98Spill Classification and Exemptions14
SPILL CLASSESClass 1:Class 2:Class 3:Class 4:Class 5:Class 6:Approved DischargesDischarges of WaterHousehold FiresPlanned SpillsRefrigerantsMotor Vehicles15
SPILLS CLASSESClass 7:Class 8:Class 9:Class 10:Class 11:Electrical UtilitiesPetroleum SectorT D G OccurrencesContingency PlansOne-Window Reporting16
CLASS 1APPROVED DISCHARGESExempt from Part X of EPA Authorized by C of A, licence or permit.All requirements met.Does not contravene EP Act or otherlegislation/by-laws.17
CLASS 2DISCHARGES OF WATERExempt from Part X of EPA Water from reservoirs formed by damsPotable water from water mains18
CLASS 3HOUSEHOLD FIRESExempt from Part X of EPA Combustion products or equivalent materialsof less than ten households.(Note: Chemical or industrial type fires arenot exempt.)19
CLASS 4PLANNED SPILLSExempt from Sec. 92 - Reporting Pre-authorized unavoidable discharges.Pre-authorized discharges for research ortraining.20
CLASS 5REFRIGERANTSExempt from Sec. 92 - Reporting 100 kgNo adverse effects at location of discharge.21
CLASS 6MOTOR VEHICLESExempt from Sec. 92 - Report to MOE 100 litres operating fluidsNot to waterCan be readily cleaned from specifiedsurfacesCleanup arrangements made22
CLASS 7ELECTRICAL UTILITIESExempt from Sec. 92 - (except owner/ controller) 100 litres mineral oil (no PCB’s)Not to waterCan be readily cleaned from specifiedsurfacesCleanup arrangements made23
CLASS 8PETROLEUM SECTORExempt from Sec. 92 - (except owner/ controller) 100 litres petroleum products (no public access) 25 litres petroleum products (public access)Not to waterCan be readily cleaned from specific surfacesCleanup arrangements made24
CLASS 9TRANSPORTATION OF DANGEROUS GOODSExempt from Sec. 92 - (except owner/ controller) T D G reporting quantities adoptedNot to waterCan be readily cleaned from specific surfacesCleanup arrangements made25
CLASS 10CONTINGENCY PLANExempt from Sec. 92 - Reporting Materials and reportable quantity specified inContingency PlanMOE concerns (if any) addressedPlan prevents adverse effectsCleanup arrangements made26
CLASS 11ONE-WINDOWExempt from Sec. 92 - Report to MOE Spills reportable to more than one provincialor federal agencyMemorandum of Understanding betweenagencies27
13 NEW - SECTION 91.1 Spill Prevention and Spill Contingency Plans Persons prescribed by regulation shall develop and implement plans to: -Prevent or reduce the risk of spills -Prevent, eliminate or ameliorate any adverse effects from spills including Plans to notify the Ministry, municipality and others Plans to ensure appropriate equipment, material and personnel
