Bill 125 2008

An Act to amend the Environmental Protection Act to regulate industrial facilities that use, store or treat hazardous materials

Note: This Act amends the Environmental Protection Act.  For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History on www.e-Laws.gov.on.ca.

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

   1.  The Environmental Protection Act is amended by adding the following Part:

PART VIII
INDUSTRIAL FACILITIES

Definitions

   74.  In this Part,

"hazardous materials" include any biological or chemical agent that is or may be harmful to the environment whether the agent is in solid, liquid or sludge form; ("matériaux dangereux")

"industrial facility" means any plant where any manufacturing process or assembling in connection with the manufacturing of any goods or products is carried on or where any work is performed by way of trade or for the purposes of gain in or incidental to the altering, demolishing, repairing, maintaining, ornamenting, finishing, storing, cleaning, washing or adapting for sale of any goods, substance, article or thing and includes the developed property, waste disposal sites and wastewater treatment facilities associated with the plant. ("installation industrielle")

Application of Part

   75.  (1)  This Part applies to industrial facilities that, as part of their regular operations, frequently use, store or treat significant amounts of hazardous materials.

Conflicts

   (2)  In the event of a conflict between the provisions of this Part and any other provisions of this Act or of any other Act, the provision in this Part prevails unless the other provision provides that it prevails over this Part.

Environmental report

   76.  (1)  No person shall establish or operate an industrial facility until the person prepares an environmental report on the industrial facility and its operation.

Contents of the report

   (2)  The environmental report shall include,

  (a)  the results of tests of both land and water samples;

  (b) a plan on how to clean up any environmental contamination that occurs as the result of the industrial facility's operations or as the result of an accident, including a plan on how to finance such a cleanup; and

   (c)  a plan on how to clean up the industrial facility once the facility ceases to operate.

Responsibility for the report

   (3)  The owner of the industrial facility or the proposed industrial facility shall ensure that the environmental report is prepared and submitted in accordance with this Part and is responsible for the costs of preparation of the report.

Submit the report

   (4)  The environmental report shall be submitted to the Minister and to the Minister of Health and Long-Term Care.

Report included in public registry

   (5)  The Minister shall keep a registry, to which the public has access, of all reports submitted under this Part.

Report to be prepared every five years

   (6)  The owner of an operating industrial facility shall submit an environmental report on the facility every five years.

Report on closing facility

   (7)  In addition to the requirement under subsection (6), the owner of an industrial facility that is to be closed or is to cease operating for any reason shall submit a final environmental report before the facility closes or ceases to operate.

Liability

   (8)  If any environmental damage occurs to the land on which an industrial facility is operated, the owner of the facility is liable for the damages.

Transition

   (9)  The owner of an industrial facility that is in operation on the day before this Part comes into force shall comply with the requirements of this Part within two years after it comes into force.

Commencement

   2.  This Act comes into force on the day it receives Royal Assent.

Short title

   3.  The short title of this Act is the Environmental Protection Amendment Act (Industrial Facilities), 2008.

EXPLANATORY NOTE

The Bill amends the Environmental Protection Act by requiring that industrial facilities which regularly use, store or treat significant amounts of hazardous materials prepare and submit an environmental report on their property every five years.  The reports will be available to the public.  A facility that is ceasing operations is required to submit a final environmental report.  Owners of industrial facilities are responsible for any environmental damage that occurs on their land while under their care.