[quote=“gromicko, post:1, topic:81740”]
Supreme Court of Canada upholds duty to report environmental discharge in Ontario.
I wonder could this effect us as home Inspectors finding a leaking oil tank or improper discharge of septic waste ??
[quote=“rcooke, post:2, topic:81740”]
I believe the intent of the legislation is targeted at municipalities duty to report and clean up, if you read through the document, I think thats clear, unless someone else sees it differently.
- WHO MUST REPORT SPILLS (s.92) AND DISCHARGES (s.15(1))
The reporting provisions of Part X of the EPA are found in Section 92 of the EPA. Section 92 imposes reporting duties on:
a) the person that spills or who causes or permits the spill,
b) the person who had control of the pollutant immediately prior to the spill, and
c) police officers and employees of a municipality or other public authorities who may have been informed of or who are investigating a spill unless they have reasonable grounds for believing that such notice to the Ministry has been made (s. 92(4)).
The reporting provisions for s. 15(1) of the EPA place the reporting duties on the person who discharges or causes or permits the discharge of a contaminant. This person and persons described in a) and b) above are collectively referred to as the discharger in this Guide. The reporting details required of the discharger are found in Chapter 8 of this Guide.
Landowners responsible for environmental cleanup, court rules
The Ontario Divisional Court has ruled that innocent landowners can be held responsible to remedy contamination caused to their properties by a neighbour.
Did an inspection just a while back where the clients had a chunk of ice come off the roof fall and break off the valve on the oil tank. Hours later the furnace went out and they discovered what happened. MOE got involved because the oil supply company reported it right away. They lived on lakefront property next to the creek leading to the lake. It cost the insurance company just over $650,000 to clean up the surrounding property and creak bed. They figure the tank was only about half full when it happened. House to creek about 50 ft and the tank to lake about 100 ft huge costs for a small area.