070223 ENVIRONMENTAL PENALTIES, O. Reg. 223/07 Ont.

take steps to prevent contraventions;

take steps to mitigate the effects of contraventions and to prevent their recurrence;

implement environmental management systems; and

enter into agreements under subsection 106.1 (9) of the Act to take steps for the protection of the natural environment beyond the measures required by an Act of Ontario or Canada, by a regulation or instrument under an Act of Ontario or Canada, or by a public body.

is listed in Table 1;

was described in section 3 of Ontario Regulation 560/94 (Effluent Monitoring and Effluent Limits — Metal Mining Sector), made under the Environmental Protection Act, as it read immediately before it was revoked, as a plant to which that regulation applied;

discharges sewage, other than storm water, to a surface watercourse or to a sewage works that is privately owned, and,

is a plant described in clause (c) that has temporarily suspended the operations or the discharge referred to in that clause. ;

The plant’s sewage works for sewage other than storm water are exempt under clause 53 (6) (a) or (b) of the Act from the prohibition under subsection 53 (1) of the Act.

If the plant is listed in Table 1, the person permanently ceases all operations and activities described in clause (1) (c). ; ;

to a regulated person; and

for a contravention that,

A statement of the Director’s intention to issue an order under subsection 106.1 (1) of the Act.

The item number in Table 2 of the contravention to which the proposed order will relate.

The classification of the contravention as a Type 1, 2 or 3 contravention in accordance with Table 2, the classification of the contravention as a less serious, serious or very serious contravention in accordance with sections 10 to 14, and the cell of Table 3 that corresponds to the classifications.

A statement of which factors listed under paragraph 3 of subsection 9 (1) the Director will consider in determining the amount of the gravity component from the range set out in the cell of Table 3 identified under paragraph 3 of this subsection.

In the case of a contravention specified in item 1 of Table 2,

A description of the days or parts of days on which the contravention occurred or continued in respect of which the Director intends to issue the order, where a day is a 24-hour period.

If appropriate, the location of the contravention.

If the Director is of the opinion that as a result of the contravention, a monetary benefit described in paragraph 1 or 2 of subsection 8 (1) was acquired by the regulated person, the estimated monetary benefit and a summary of how the Director determined the monetary benefit, including the time frame that was used in the estimate.

Information about the regulated person’s right under section 6 to request a reduction to the amount of the environmental penalty and the grounds on which such a reduction may be requested.

If the notice of intention or amendment includes an estimate of monetary benefit, a request that the Director consider the information included with the request and redetermine the monetary benefit.

If the notice of intention or amendment relates to a contravention specified in item 1 of Table 2 and includes a statement that the discharge contained a toxic substance, a request that the Director consider any information included with the request demonstrating that the toxic substance or its concentration did not result from the operation or activities of the plant.

A request that the Director consider any information included with the request before determining the gravity component of the penalty under section 9.

A request that the Director, after determining the gravity component of the penalty under section 9, grant a reduction to the component in accordance with section 15 on the grounds that the regulated person took steps to prevent the contravention or mitigate its effects.

A request that the Director, after determining the gravity component of the penalty under section 9, grant a reduction to the component in accordance with section 16 on the grounds that at the time of the contravention, the regulated person had in place an environmental management system described in section 16.

For a request under paragraph 4 of subsection (1), the grounds on which the reduction is requested and a specific description of the steps taken.

For a request under paragraph 5 of subsection (1), any document demonstrating that, at the time of the contravention, the regulated person had in place an environmental management system described in section 16.

For any request under subsection (1), all information and submissions that the regulated person wants the Director to consider with respect to the request.

Avoided costs, which are costs that the regulated person avoided incurring by failing to comply with a provision described in Table 2. Avoided costs apply in respect of provisions that must be complied with on or by a certain date and that, once that date has passed, cannot be complied with on a future date.

Delayed costs, which are costs that the regulated person delayed incurring by delaying compliance with a provision described in Table 2.

determine the time frame during which the regulated person acquired the monetary benefit; and

determine the amount of the monetary benefit in accordance with the Ministry of the Environment publication entitled “Procedure for the Calculation of the Monetary Benefit Component of Environmental Penalties”, as amended from time to time. The document is available at the Ministry’s Public Information Centre and on the Ministry’s website.

The Director classifies the contravention as a Type 1, 2 or 3 contravention as indicated in Column 5 of Table 2, and as a less serious, serious, or very serious contravention in accordance with sections 10 to 14.

The Director determines the cell of Table 3 that corresponds to the classifications determined under paragraph 1.

The Director determines an amount that is within the range set out in the cell, taking into consideration those of the following factors that were indicated under paragraph 4 of subsection 5 (1) in the notice of intention:

For a contravention specified in item 1 of Table 2, the Director shall multiply the amount determined under paragraph 3 by 1.35 if the discharge contains a toxic substance, unless the information submitted under paragraph 2 of subsection 6 (1) demonstrates that the toxic substance or its concentration did not result from the operations or activities of the plant.

For a contravention specified in item 2 of Table 2, the Director shall multiply the amount determined under paragraph 3 by 1.35, if the contravention relates to a discharge of a material that is a toxic substance. ; ;

$100,000.

The amount obtained by multiplying the amount determined under subsection (1) by the number of days on which the contravention occurs or continues. ;

$60,000.

The sum of the following amounts:

Localized injury or damage to any animal life.

Widespread or long-term interference with the normal conduct of business.

Widespread or long-term loss of enjoyment of the normal use of property.

Widespread damage to property, other than plant or animal life.

Damage to property, other than plant or animal life, such that the property cannot be restored, within a reasonable time, to the condition that existed immediately before the discharge occurred.

Widespread injury or damage to plant or animal life.

Harm or material discomfort to any person.

An adverse effect on the health of any person.

The impairment of the safety of any person.

the contravention is classified as less serious if the discharge deviates from the pH value by less than 0.5;

the contravention is classified as serious if the discharge deviates from the pH value by 0.5 or more but less than 1.0; and

the contravention is classified as very serious if the discharge deviates from the pH value by 1.0 or more. ;

the contravention is classified as less serious if the limit is exceeded by less than 50 per cent;

the contravention is classified as serious if the limit is exceeded by 50 per cent or more but less than 100 per cent; and

the contravention is classified as very serious if the limit is exceeded by 100 per cent or more. ;

interferes with the Ministry’s capacity to protect and conserve the natural environment or has the potential to do so; and

does not impair the quality of the water of any waters and does not have the potential to do so.

Analysed in writing the likelihood of the contravention to occur and the potential impacts if it occurred.

Developed strategies to prevent the contravention based on the analysis referred to in paragraph 1, and documented the implementation of the strategies.

Established monitoring and maintenance programs for structures, equipment and mechanisms at the plant for the purpose of preventing the contravention.

Constructed or installed containment structures for the purpose of preventing the contravention.

Installed and maintained an alarm system or other notification system to alert operators of the plant when the contravention is imminent, and documented procedures for operating the system.

Altered or redesigned industrial processes used at the plant for the purpose of preventing the contravention, or installed equipment for the purpose.

Trained personnel in the construction, installation, maintenance or operation of any relevant structures, equipment or mechanisms, and in the implementation of any other measures relating to preventing the contravention. ;

Before the contravention occurred, the regulated person,

After the contravention occurred, the regulated person,

That at the time of the audit,

That at the time of the audit, the environmental management system was determined to be compliant with the standard set out in the document referred to in paragraph 1 by a person who,

That at the time of the audit, the environmental management system was verified as meeting the requirements set out in the document entitled “Ethic and Codes of Practice of Responsible Care Commitment Package”, published by the Canadian Chemical Producers’ Association, as amended from time to time, by a person authorized by the Canadian Chemical Producers’ Association to audit environmental management systems.

an amount equal to (3 × E), if E is less than or equal to F; or

an amount equal to (3 × F) + [5 × (E – F)], if E is greater than F. ;