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ARTICLE · 27 MARCH 2012

ERT Rejects Neighbours’ Plea Re 22 Year Old Spill

Siskinds LLP
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Should it really take more than 22 years to clean up a domestic fuel spill? The Environmental Review Tribunal has allowed a Muskoka cottager to withdraw his appeal against the latest in a series of Ministry of the Environment orders arising out of a 1990 spill.

CanadaEnvironment
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Should it really take more than 22 years to clean up a domestic fuel spill? The Environmental Review Tribunal has allowed a Muskoka cottager to withdraw his appeal against the latest in a series of Ministry of the Environment orders arising out of a 1990 spill. According to the ERT, Alex Krek lost 3500 litres of heating oil from his above ground tank in 1990. He didn't report the spill until the following year. Despite some cleanup efforts, and many years of litigation, there is still free product on wells on neighbouring properties.

A 2006 Provincial Officer's order required Mr. Krek to submit a Remedial Action Plan. After appealing the order, Mr. Krek submitted a RAP in 2007. The RAP promised a Site Conceptual Model, which Mr. Krek had not submitted by May 2009. The MOE issued a new POO requiring him to submit a Site Conceptual Model, described in the POO as a review of existing studies. The purpose of the SCM was to help evaluate remedial options.

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