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ARTICLE · 05 SEPTEMBER 2011

New Industrial Waste Surcharge Agreements – Fair?

Siskinds LLP
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The City of Toronto is demanding that local industries sign a draconian new form of 2012 Waste Discharge Agreement, to come into force on January 1, 2012.

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The City of Toronto is demanding that local industries sign a draconian new form of 2012 Waste Discharge Agreement, to come into force on January 1, 2012. Unfortunately, the proposed agreement could seriously prejudice any organization that signs it. For example, it gives the City the right to determine compliance without taking scientifically valid samples. As a result, some Toronto employers are organizing to ask City staff to reconsider. Readers of this blog are invited to read the draft Agreement for themselves, and to send their comments to Michael Gouthro at the City of Toronto. Contact us if you want a sample comment letter.

Surcharge agreements are a contractual arrangement for the City to sell some local employers a limited service, namely the treatment of specified amounts of biochemical oxygen demand, phenolics (4AAP), total phosphorus and total suspended solids, in wastewater. All four are parameters that the City receives in massive quantities, and which

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