ALBERTA ENVIRONMENT

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ALBERTA ENVIRONMENT

• CANADIAN SOCIETY OF SAFETY ENGINEERING
• REGULATORY AWARENESS AND THE ENVIRONMENT

DECEMBER 12, 2005
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Public
Agency
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
Govt
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Overall responsibility for environmental
protection is shared between the public,
government and industry. Delegated agencies,
boards and governments administer the specific
legislation.
Agency
Public
Govt
Industry
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ENVIRONMENTAL LEGISLATION

• 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

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ALBERTA ENVIRONMENT

• ENVIRONMENTAL ASSURANCE
• Drinking Water
• Science and Standards
• Environmental Partnerships and Education
• Environmental Monitoring and Evaluation
• REGIONAL SERVICES
• Approvals and Licences
• Contaminated sites
• Compliance Assurance
• Inspection
• Enforcement

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ALBERTA ENVIRONMENT

• THREE REGIONS
• Southern Region
• Calgary
• Lethbridge
• Central Region
• Red Deer
• Edson
• Stony Plain
• Northern Region
• Edmonton
• Peace River

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COMPLIANCE ASSURANCE

• 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

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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

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INSPECTIONS

• COMPLIANCE INSPECTION PROGRAM
• Regional Coordination
• Emphasis is on prevention and education
• Unannounced inspections
• Frequency of inspections depends on priority
• Consistent
• Inspections are followed up

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INSPECTIONS

• INSPECTORS ARE DESIGNATED BY THE DIRECTOR
• Legislated Appointments
• Section 25 of EPEA
• Section 163 of WA
• Powers provided and identified in the legislation
  

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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

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INSPECTIONS

• Multimedia approach where possible
• In one inspection all aspects of any facilitys
  approval or registration maybe reviewed including
  compliance with the applicable Act and
  regulations.
• May include taking samples of air, water, soil
  and groundwater.

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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

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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

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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

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INSPECTIONS

• PRIORITY AND FREQUENCY OF INSPECTIONS
• Potential for adverse effect
• Sensitivity Issues
• Compliance history and Environmental performance
• Good performance rewarded with less frequent
  inspections

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INVESTIGATIONS

• INVESTIGATIONS ADDRESS
• Alleged contraventions
• Emergency response
• Public complaints
• Industry reporting
• Substance releases

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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

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INVESTIGATIONS

• ENFORCEMENT OPTIONS
• Field Warning
• Warning Letter
• Tickets
• Enforcement Orders
• Administrative Penalties
• Prosecutions
• Court Orders
• Cancellation of Approvals

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OFFENCES

• 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

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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

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DUE DILIGENCE
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.
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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

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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.
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DUE DILIGENCE

• COMPONENTS OF A SYSTEM
• Development of policies
• employer
• board of directors
• Implement policies by establishing
• lines of authority
• reporting mechanisms
• procedures

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DUE DILIGENCE

• COMPONENTS OF A SYSTEM
• Will 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

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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

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DUE DILIGENCE

• LACK OF DUE DILIGENCE
• Failure to train
• Allowing the wrong person to do the job
• Failure to have sufficient people on the job
• Failure to provide a safe workplace
• Failure to consider circumstances
• Ignorance of the law

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RELEASE REPORTING

• 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

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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.
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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.
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RELEASE REPORTING

• DUTY TO REPORT
• Who 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)

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RELEASE REPORTING

• DUTY TO REPORT
• What 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.

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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.

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RELEASE REPORTING

• DUTY TO REPORT
• When 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.

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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

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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

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RELEASE REPORTING

• TO WHOM REPORTS SHOULD BE MADE
• Reports should be made to the ERC as follows
• Verbal reports can be phoned to
• [phone] 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
• [phone] or
• Mailed to
• Environmental Response Centre
• 111 Twin Atria Building
• 4999 98th Avenue
• Edmonton, Alberta T6B 2X3

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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 !!

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KEY MESSAGES

• 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

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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