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University of TorontoEnvironmental Protection ProcedureSPILLS INTO THE ENVIRONMENT - REPORTING TO THE ONTARIO MINISTRY OF THE ENVIRONMENT & ENERGY1. INTRODUCTIONThe Ontario Environmental Protection Act (EPA) [Part X, section 92] defines and imposes specific duties on anyone causing a spill or having control of a spilled pollutant into the natural environment. One of these duties is to report spills into the natural environment to the Ontario Ministry of Environment. The following procedure outlines the requirements for reporting these spills.
2. DUTY TO NOTIFY"Every person having control of a pollutant that is spilled and every person who spills or causes or permits a spill of a pollutant that causes or is likely to cause and adverse effect shall forthwith notify the Ministry" [EPA, Section 92(1)]There are no minimum reportable quantities. When a spill occurs, the EPA defines the duty to report as: "...immediately when the person knows or ought to know that the pollutant is spilled AND is causing or is likely to cause an adverse effect" [EPA, Section 92(2)] Specific legal definitions under the Act are:
3. WHEN TO NOTIFY - WHEN DUTY IS EFFECTIVE:The Ministry of Environment must be notified when a solid, liquid and/or gaseous material has been released to the outside environment (i.e. outside of a building) and causes or has the potential to cause an adverse effect.The Ministry of Environment considers that where there is the possibility of outside contamination, the incident is reportable. Discharges of hazardous agents to the outside environment are not part of the normal University operation. The normal operation of a fumehood does not produce an adverse effect, and discharges of chemicals into drains is prohibited by University policy. Therefore a spill of a chemical/pollutant is reportable to the Ministry of the Environment for:
Reporting ExemptionsUnder the EPA, Regulation 360 - Spills Regulation, Part V of the regulation outlines exemptions for the purposes of notification [section 92 of the Act] of spills to the Ministry. There are 5 classes of exemptions. For University operations, the following could apply:a) Fuel leaks from vehicles Class III spills [spills of liquid from the fuel or other systems of vehicles] of less than 100 litres are exempt from reporting to the Ministry if the spill does not enter the sewer system and notification requirements under the Highway Traffic Act have been complied. b) Small fires Class V - spills of pollutants from fires, where the pollutants are products of combustion of materials normally found in residential properties of 10 or less households are completely exempt from the Part X (spills) of the Act Research and/or teaching area containing chemicals, radioactive materials or biological agents as laboratories or storage facilities that become involved in a fire with smoke escaping into the hallways, windows or out of doorways to the outside would likely be a reportable event to the Ministry. In such instances, it is most likely that the Fire Department will be called and that they will report the incident to the Ministry of Environment. Areas such as residences, lecture rooms, office areas would likely fall under the above exemption. 4. ROLE OF THE MINISTRY OF ENVIRONMENTOnce a report has been received, the Ministry will likely investigate and determine the extent of environmental damage and the effectiveness of the cleanup. It is very likely that all reports will be documented by the Ministry. The Ministry will decide whether to transfer the investigation to its Investigation and Enforcement Branch for possible prosecution.5. HOW TO NOTIFY THE MINISTRY OF ENVIRONMENTThe Ministry has established a 24-hour emergency telephone to handle reports of spills in the environment: 1-800-268-6060 As outlined in Section 6 below, Departments should not normally take it upon themselves to notify the Ministry of Environment.6. DEPARTMENTAL RESPONSIBILITIES IN THE EVENT OF A SPILLDepartments should not take it upon themselves to notify the Ministry of the Environment. Reporting will be done by the Co-ordinator, Hazardous Waste Management or designate in the Office of Environmental Health and Safety (Tel. 978-7000) or by the Campus Police according to the established campus emergency procedures.In some cases, the Fire Department may notify the Ministry of the Environment when chemicals are involved in a fire. It is important that in this event, the Co-ordinator, Hazardous Waste Management be notified immediately. Departments should have preestablished emergency procedures for cleanup and reporting of chemical spills and have the appropriate protective clothing and spill cleanup kits readily available. In the event of a spill, the Department should do the following:
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