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Contracts and Law (CIVL 7030) > Environmental Law and Liability - Powerpoint > Flashcards

Environmental Law and Liability - Powerpoint Flashcards

1
Q

What is a Contaminated Site?

A

An area of land in which the soil or underlying groundwater or sediment contains a substance that exceeds provincial environmental quality standards

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2
Q

List 4 most common hazardous substances found at BC sites

A
  • heavy metals
  • chlorophenols
  • organic chemicals (PCBs)
  • Polychlorinated Biphenyls
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3
Q

How many contaminated sites are listed in the BC Site Registry?

A

Over 9,000

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4
Q

What three areas of law interact with environmental issues?

A
  • Common Law
  • Contract Law
  • Statutory Laws (Federal, Provincial, Municipal)
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5
Q

What are the two branches of Common Law?

A
  • Tort Law
  • Contract Law
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6
Q

How can Tort Law be used in terms of environmental issues?

A

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

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7
Q

In what situations may landowners or land occupiers have caused a “private nuisance”?

A
  • pollution from land unreasonably interferes with use and occupation by neighbour
  • pollution causes actual damage to another property or injury to health
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8
Q

When can a landowner be liable for damages in negligance?

A
  • where his/her conduct falls below a reasonable standard
  • standard is that of a “reasonable man”
  • damage is reasonably forseeable
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9
Q

What is the primary way to allocate risk and liability in any real estate transaction?

A

Through contracts

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10
Q

What is the rule of caveat emptor?

A

Buyer Beware - requires that the purchaser must form his own judgement

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11
Q

What are the federal and provincial statutes that dictate liability in BC?

A

Federal
- Environmental Management Act (EMA)
- Contaminated Sites Regulation (CSR)

Provincial
- Fisheries Act
- Canadian Environmental Protection Act (CEPA)

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12
Q

What is the definition of a Contaminated Site?

A

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

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13
Q

How are Contaminated Sites identified?

A
  • Spills
  • Land Development
  • Site Profile triggers
  • Site Investigations
  • Site Registry
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14
Q

What is a Site Profile?

A

Simplified screening form for identifying contaminated sites that is usually prepared by property owner or consultant and filed with the provincial governement

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15
Q

What is the timeline to determine if a site investigation is necessary?

A

15 days

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16
Q

What is a Site Investigation?

A
  • 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
17
Q

What are Phase 1 and 2 Envrionmental Reports?

A

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

18
Q

What legal instruments are available following a Site Investigation?

A
  • 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
19
Q

What are Numerical standards?

A

Acceptable concentrations of substances in soil, surface water, groundwater, vapour and sediments

20
Q

What are Risk-based standards?

A

Acceptable risk levels from exposure to substances at sites

21
Q

Who has to clean up a Contaminated Site?

A

“Polluters Pays principle”

Those who caused contamination

22
Q

Define “Owner” and “Operator” in regards to responsible persons

A

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

23
Q

What are some exemptions from Liability?

A
  • 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
24
Q

What comes before allocation of Liability?

A

Clean up First

Contracts and Law (CIVL 7030) (15 decks)

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