REGULATORY REPORTING

It is a common thought that if you are to have a pollutant spilled into the environment all you are required to do is have an emergency response team attend the site to contain it, clean it and walk away. Although this sounds sufficient - it is not. The one main factor most people forget to do is to file a remediation report with the proper authorities. This report is the backbone of the remedial work. Without this report the regulatory authorities really have no reason to believe that a clean-up has been completed to proper standards. Sure they may know that a response team was on site working but has the site been proven clean scientifically? If it is scientifically sound it means there has been proper samples obtained from the completed remedial work to prove that the impacted material has been sufficiently removed.

Without this scientific report proving that the pollutant that was spilled into the environment, there is no paper trail proving it was cleaned. The scientific reporting ensures that the regulatory agency, MOE in Ontario, knows exactly what was done at the site to prevent, eliminate and ameliorate the adverse effect and to restore the natural environment. This report also states the concentrations remaining at the loss location. The concentrations are determined by the confirmatory samples retrieved and submitted to an independent laboratory. Basically this report tells the story from start to finish explaining exactly what remedial measures were taken and what the results of the remedial work were.

By ensuring that proper remedial work has been completed at the loss location and the regulatory agency has had the remediation report filed with them many consequences can be eliminated.

LIMITING FINES

Some of the main consequences that could be eliminated would be fines from the regulatory agency. The Ministry of the Environment in Ontario as well as the Environmental agencies in other locations will levy fines if no measures are taken to eliminate the adverse effects caused by an environmental spill. Fines will range in size depending on the type of spill and the lack of remedial measures taken.

ISO ACCREDITATION

ISO Accreditation could also be saved by the regulatory report. With ISO if you or your company is ever audited and there are no reports covering your environmental liability then ISO may strip you of the ISO 9000 and 14000 accreditation. ISO requires that all environmental liabilities be handled in the proper manner, and to prove that you will need a paper trail.

MAINTAINING SHAREHOLDER VALUE

Shareholder value could also be effected. Many investors only invest in "GREEN" companies. If it is found that your company is not relinquishing their environmental liabilities then the investors/shareholders may decide not to invest in the company and even pull their money from the company.

PROTECTING THE WATER TABLE

Another big environmental issue theses days is the quality of our ground water and surface water resources. Ever since Walkerton the regulatory agencies have really clamped down on ensuring we protect our water resources. If it is found that because of lack of remedial work your spill affects the quality of the water resources you can be sure to see a fine levied from the regulatory agency. But if you would have responded properly and proved due diligence then you may see a smaller fine or even no fine at all.

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