Thursday, September 30, 2021

Followup

 Dear Mr. Halman,

Further  to my email of Monday and in keeping with the lengthy reading assignment of the FOIPOP, I had a look at the extensive legislation under which you operate.  There are nearly 3000 words in section XVIII  (Penalties and Prosecutions) of your act.  But equally interesting is Part VI, Release of Substances):
Prohibition 67 (1) No person shall knowingly release or permit the release into the environment of a substance in an amount, concentration or level or at a rate of release that causes or may cause an adverse effect, unless authorized by an approval or the regulations.
and
Duty to report release 69 
(1) Any person responsible for the release of a substance into the environment that has caused, is causing or may cause an adverse effect, shall forthwith, as soon as that person knows or ought to know of the release, report it to 
(a) the Department at its emergency telephone number; 
(b) the owner of the substance, where applicable, if the person reporting knows or is readily able to ascertain the identity of the owner; 
(c) the person having care, management or control of the substance, where applicable, if the person reporting knows or is readily able to ascertain the identity of that person; and 
(d) any other person who the person reporting knows or ought to know may be directly affected by the release. 
(2) Any person responsible for the release of a substance into the environment that is in excess of an amount, concentration, level or rate of release expressly authorized by an approval or regulations, shall forthwith, as soon as that person knows or ought to know of the release, report it in the manner prescribed in the approval or the regulations, as the case may be, to the persons identified in clauses (1)(a) to (d). 
(3) Any person who discovers or becomes aware of a release of a substance into the environment that is in excess of an amount, concentration, level or rate of release expressly authorized by an approval or the regulations shall forthwith, as soon as that person knows or ought to know of the release, report it in the manner prescribed in the approval or the regulations, as the case may be, to the persons identified in clauses (1)(a) to (d). 1994-95, c. 1, s. 69; 2011, c. 61, s. 33
and finally
Duty to take remedial measures 71 
Any person responsible for the release of a substance under this Part shall, at that person’s own cost, and as soon as that person knows or ought to have known of the release of a substance into the environment that has caused, is causing or may cause an adverse effect, 
(a) take all reasonable measures to (i) prevent, reduce and remedy the adverse effects of the substance, and (ii) remove or otherwise dispose of the substance in such a manner as to minimize adverse effects; 
(b) take any other measures required by an inspector or an administrator; and 
(c) rehabilitate the environment to a standard prescribed or adopted by the Department. 1994-95, c. 1, s. 71.
and just FYI
Application for investigation 115 
(1) Any person who is of the opinion that an offence has been committed under this Act may apply to the Department to have an investigation of the alleged offence conducted.

Based upon my amateur reading of these sections
  • It's clear from my previous email that Mercury and other substances are found at above safe levels 
  • By not reporting that to me, you are in violation of your own act
  • Having met all the requirements of Paragraph 115 (Application for investigation) the people of St. Croix Cove deserve recognition as Environmental Heroes
  • You must provide the documents I requested.
  • The present owners of the dump may be interested to learn of their obligations under paragraphs 87-89 (Contaminated Sites)
  • I think it's a good time to close the dump while you work out a plan
I look forward to hearing from you

Warren Reed