Environment Law

Oil And Gas

Controlling Chemical Hazards in the Oil & Gas Industry

The Controlling Chemical Hazards (CCH) guideline is ready for industry review! The CCH committee has been diligently working on this document for the past two years and are now at the stage where your review and comments are needed.

The upstream oil and gas industry uses and produces a variety of chemical products on its work sites. To create safer, healthier work sites, everyone involved needs to raise their awareness of the specific hazards presented by chemicals in the upstream industry. If you work in this industry, you need to be aware of chemical hazards and your role and responsibilities in controlling these hazards. This guideline was written to help you get there.

This guideline adopts a management system approach to controlling chemical hazards. This approach assumes that managing and controlling the risks associated with hazardous chemicals begins long before any worker actually handles or disposes of these chemicals. In this approach, the task of managing and controlling chemical hazards falls on a whole string of companies involved in any given upstream project or program.

Everyone along the way has a role to play, from project planners to supervisors and workers. The guideline can be accessed via the this link.

View: The Controlling Chemical Hazards (CCH) guideline

Hazardous Waste Disposal

Far Reaching Liability in
Hazardous Waste Disposal

By Luke Dineley, Borden, Ladner Grevais, LLP

In a recent decision by the British Columbia Supreme Court, Enviro West Inc. v. Copper Mountain Mining Corp (2010 BCSC 1443), a waste oil collection company was awarded significant damages when it was not informed that the oil it was hired to drain from a transformer contained a high level of Polychlorinated Biphenyl ("PCB"). The owner of the transformer and all the companies down the contractual chain were found liable in the amount of $766,033.75.

The plaintiff waste oil company, Enviro West Inc., was hired by Boundary Electric (1985) Ltd. to drain the oil from a transformer owned by Copper Mountain Mining Corp. Copper Mountain was restarting a mining operation and had hired Canyon Electric to perform a restructuring of the mine’s electrical system. Canyon Electric subcontracted part of the work to Boundary Electric, including the removal of the transformer, who in turn subcontracted with Enviro West to remove the oil in the transformer.

The parties were all aware that the oil in the transformer contained PCBs, but both Boundary Electric and Enviro West, who were not licensed to handle hazardous waste, believed the level of PCBs in the oil was below the regulatory limit. Enviro West collected the PCB laden oil from the transformer, mixed it with the waste oil in its truck and transported the oil to a storage tank at Enviro West’s holding facility. As a result, approximately 91,000 litres of oil were contaminated with PCBs. Enviro West disposed of this oil and cleaned its facility and then brought the action seeking to recover those costs.

The court held that all the parties were liable to Enviro West. Copper Mountain failed to take any steps to ensure the PCB waste in its possession was handled properly, such as providing information on the nature of the oil and its risks. If they had, Enviro West would never have collected the oil and suffered the resulting damage. Canyon Electric failed to advise Boundary Electric that the transformer contained PCB laden oil or that it did not know the PCB content of the transformer. Boundary Electric failed to test the oil in the transformer and failed to inform Enviro West that it had not verified the PCB content. 

Each of the defendants were negligent and each defendants’ negligence materially contributed to the plaintiff’s loss. As a result, all the defendants were held liable.

This case demonstrates the great diligence and care that must be taken when dealing with hazardous waste. All efforts must be made to ensure that it is handled properly and safely and that all parties are fully informed.

 

Environmental Claims

A New Limitation Act and a New Way of Looking at
Environmental Claims

Time has not always been on the side of claimants who discover environmental damages long after the fact. Proposed new legislation may change all that, but it is wise to be prepared and to act quickly when problems are discovered.

Read the latest Environmental Law Brief by BCEIA Director Richard Bereti and colleagues at Harper Grey, LLP. Read More

 

Garbage

Some Deals Stink:
Environmental Contamination and Land Transactions

Lawyers like chasing down "environmental angles" on their files just about as much as they like chasing down tax angles. Whether it's a corporate or commercial transaction, or dealing directly with real property, clients these days need legal and technical guidance on lurking environmental Issues.

A convenient example is one encountered every day by commercial solicitors: the purchase and sale of land. If there is one thing unwitting purchasers of contaminated land have in common, it is that each wishes they would have simply found out the site was contaminated so that contamination could have been considered in the deal along with all other important factors.

Some insight into this area of law can help you to avoid certain pitfalls. Read this new insight by BCEIA Director Richard Bereti

 

Balance

Dangerous Goods Regulations - Major Changes Coming Soon

If your company ships dangerous goods, being aware of current regulations can save your company timely delays and costly fines. The IATA Dangerous Goods Regulations is the only manual trusted by shippers to provide a reliable and comprehensive outline of dangerous goods regulations.

The 52nd edition of the IATA Dangerous Goods Regulations has adopted significant changes this year. Starting January 1, 2010 new packing instructions and marking requirements will become mandatory. The price for the 52nd Edition is $275.00 + HST. To order your copy, please send an email, fax a PO or call us at the number below.  Don't get caught without one. 

Contact: David S. Rogers, BC HAZMAT Management Ltd. Phone 250-656-3382