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Congratulations to the Hamilton Spectator for their investigative journalism on hazardous waste and contaminated sites: Toxic Past and Present.

Here is Dianne’s presentation to the Canadian Bar Association Mid-winter meeting in Halifax, on Contaminated Site Litigation after Inco.

The Ontario Court of Appeal has granted leave to appeal the Ministry of the Environment Order requiring an innocent victim of a spill, the City of Kawartha Lakes, to clean up oil from a domestic fuel spill.

The Town of Kirkland Lake pleaded guilty to one violation under the Environmental Protection Act for failing to comply with a Certificate of Approval relating to the submission of a Design and Operation Plan with a number of requirements regarding the Kirkland Lake Landfill Site.

Cape Cod Baywatch and Pilgrim Watch residents have given notice of their intent to sue Entergy for water pollution and fish kills caused by its Massachusetts nuclear plant.

Two Vaughan companies were fined $20,000, plus the 25% victim fine surcharge, for failing to comply with a ministry approval for their woodwaste processing and transfer site.

Kimco Steel Sales Limited, which operates a Kingston waste transfer site, was fined $25,000 plus a victim fine surcharge of $6,250 for depositing auto fluff on an illegal dump site.

Green Diesel Canada Ltd. was fined $120,000 and the Court issued a restitution order requiring the company to pay the City $25,371.11 for the cleanup costs.

Halton Recycling Ltd. is an organic waste recycler that was the subject of a large number of odour complaints. It was charged with two counts of discharging odour into the environment which adversely affected its neighbours.

For those following the Blue Box funding arbitration under the Waste Diversion Act, here is the Amended Municipal Claim.

Compost maker Scott Environmental Group Limited has been fined $125,000 plus the 25% victim fine surcharge, for breaching multiple conditions of its Certificate of Approval. Scott (operating as Norterra Organics in Kingston) pleaded guilty to accepting too much daily waste, storing more than its limit of 100 tonnes of biosolids per day, and storing biosolids outside, contrary to ministry requirements to have all handling done indoors to control and reduce odours.

Ingram Asphalt Inc. was fined $65,000 plus victim fine surcharges of $16,250 for discharging dust and particulate adversely impacting the surrounding environment and community.

What happens when municipal bylaws try to control energy or resource projects authorized by the federal or provincial governments?

A Toronto company was fined $45,000 plus victim fine surcharges of $11, 250 for failing to comply with a Court Order to remove waste materials from a mill site.

Current Ministry of the Environment efforts to impose environmental cleanup liability on the innocent are bad news for the Ontario economy, according to an Expert Report by noted economist Sherry Cooper.

We continue to mull over Smith v. Inco, and the major implications that has for virtually all cases involving Rylands v. Fletcher, and for a significant number of nuisance cases.

Dianne spoke last month at the annual Canadian Water and Wastewater Association "Window on Ottawa", on potential risks to municipalities of the new Wastewater Systems Effluent Regulations under the Fisheries Act, expected to appear shortly in the Canada Gazette.