Environmental Law and Liability - Powerpoint Flashcards
What is a Contaminated Site?
An area of land in which the soil or underlying groundwater or sediment contains a substance that exceeds provincial environmental quality standards
List 4 most common hazardous substances found at BC sites
- heavy metals
- chlorophenols
- organic chemicals (PCBs)
- Polychlorinated Biphenyls
How many contaminated sites are listed in the BC Site Registry?
Over 9,000
What three areas of law interact with environmental issues?
- Common Law
- Contract Law
- Statutory Laws (Federal, Provincial, Municipal)
What are the two branches of Common Law?
- Tort Law
- Contract Law
How can Tort Law be used in terms of environmental issues?
Tort law can be used to provide remedies against both individuals and businesses that pollut the air, land, and water to such an extent that it becomes a nuisance
In what situations may landowners or land occupiers have caused a “private nuisance”?
- pollution from land unreasonably interferes with use and occupation by neighbour
- pollution causes actual damage to another property or injury to health
When can a landowner be liable for damages in negligance?
- where his/her conduct falls below a reasonable standard
- standard is that of a “reasonable man”
- damage is reasonably forseeable
What is the primary way to allocate risk and liability in any real estate transaction?
Through contracts
What is the rule of caveat emptor?
Buyer Beware - requires that the purchaser must form his own judgement
What are the federal and provincial statutes that dictate liability in BC?
Federal
- Environmental Management Act (EMA)
- Contaminated Sites Regulation (CSR)
Provincial
- Fisheries Act
- Canadian Environmental Protection Act (CEPA)
What is the definition of a Contaminated Site?
An area of land in which the soil or any ground water beneath it or any underlying sediment contains substances in quantities/concentrations that exceed prescribed risk
How are Contaminated Sites identified?
- Spills
- Land Development
- Site Profile triggers
- Site Investigations
- Site Registry
What is a Site Profile?
Simplified screening form for identifying contaminated sites that is usually prepared by property owner or consultant and filed with the provincial governement
What is the timeline to determine if a site investigation is necessary?
15 days
What is a Site Investigation?
- Key means of gathering information to determine if a site is contaminated
- Can be carried out without gov involvement, but must be carried out by experienced consultants
What are Phase 1 and 2 Envrionmental Reports?
Phase 1 (Prelim Site Investigation)
- Searching existing records
- Interviewing individuals involved
- General location and degree of contamination
Phase 2 (Detailed Site Investigation)
- Sampling to determine location, extent and impact
What legal instruments are available following a Site Investigation?
- Determination site is not contaminated
- Voluntary Remediation Agreement
- Approval in Principle of remediation plan
- Certificate of Compliance confirming satisfactory remediation of site
- Release notice from the Director
What are Numerical standards?
Acceptable concentrations of substances in soil, surface water, groundwater, vapour and sediments
What are Risk-based standards?
Acceptable risk levels from exposure to substances at sites
Who has to clean up a Contaminated Site?
“Polluters Pays principle”
Those who caused contamination
Define “Owner” and “Operator” in regards to responsible persons
Owner:
Person in possession of, has right of control of, or occupies or controls use of property
Operator:
Person who is or was in control of or responsible for any operation located at contaminated site
What are some exemptions from Liability?
- Government involuntarily acquiring ownership of contaminated land
- Innocent Purchaser
- Site contmainated by migration from adjacent property
- Consultant assisting developer in remediation of site
- Contractors/transporters who did not contribute to contamination
What comes before allocation of Liability?
Clean up First
