3-Feb-2003
The Nova Scotia Department of Environment and Labour recently released its final policy on the remediation of domestic fuel oil spills. This policy replaces the 1999 Interim Procedures for the Implementation of Risk Based Corrective Action (RBCA) for the Management of Petroleum Hydrocarbon Contaminated Sites, but only with respect to domestic spills. The 1999 Interim Procedures continue to apply to all other petroleum spills.
The following are some of the highlights of the policy:
- The policy applies to properties with less than three units, and is limited to spills from tanks with a capacity of 500 gallons or less.
- The Policy imposes obligations for the owner (or the owner’s insurer), for Certified Cleanup Contractors, and for Site Professionals.
- The property owner or insurer must ensure that the work is carried out by a person certified to the satisfaction of the Department.
- A Certified Cleanup Contractor can be used only if the contamination has not migrated off-site or under the building, and no potable water supplies are threatened. Otherwise, a Site Professional has to be used.
- If a Certified Cleanup Contractor encounters contamination under a building, off site impacts, or a threat to potable water supplies, a Site Professional must be retained to complete the work.
- Finally, the policy provides guidance to Cleanup Contractors and Site Professionals on the application of the RBCA process to domestic spills.
The policy includes a number of Appendices on sample procedures, as well as forms and records to be submitted to the Department. These forms provide some useful guidance not only to site professionals, but also to property owners, adjusters and others with an interest in ensuring that the work is carried out properly and to the satisfaction of the Department.
The policy does not change the status quo with respect to the regulation of fuel oil for domestic purposes. Most domestic tanks continue to be exempt from the regulatory requirements. This policy only addresses minimum requirements for the clean up of a spill.
At a recent presentation given by Department staff, some further information with respect to the implementation of the policy was provided. Staff indicated that Certificates of Compliance would still not be made available through the registry, only through the freedom of information process.
Furthermore, the Department considers it to be the responsibility of the property owner or other person retaining the Cleanup Contractor or Site Professional to ensure that the person has the required qualifications or certification. Representatives of the Department also indicated that certification will be carried out by the Nova Scotia Environmental Industries Association. It is expected that initial certifications will be completed in the next three months. In the interim, written confirmation should be sought from the Department that the Cleanup Contractors and Site Professionals used are acceptable to the Department.
This policy came into effect on January 1, 2003.
We encourage you to contact the lawyers shown below with any questions about the contents of this Client Update and/or to obtain a copy of the policy.
| Direct Dial | E-mail |
| Robert Grant, Q.C. | 902.420.3328 | smss.com |
| Meinhard Doelle | 902.420.3352 | smss.com |
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