From the municipal…

From the municipal perspective, there are some concerns with the Waste Management System EASR Expansion proposal, and the following comments are provided for consideration:
1) Without public notice and participation, the technical review component by the host communities (local and regional municipalities) is eliminated. Without this important technical review process, the local municipality would not be able to provide pertinent information, guidance and comments regarding By-law enforcement, traffic/transportation management (in consideration of the current and/or anticipated traffic conditions within the area), and fire safety and prevention.

In addition, Regional requirements would likely also not be evaluated including those for the regional plan, public health, emergency planning and sanitary discharge, as appropriate.

2) Under the Vehicle Operation Requirements, the list of spill clean-up equipment does not include any spill containment equipment such as catch basin covers, spill booms, eye protection, or a reference to all appropriate containment and collection equipment and materials for the transported material.

3) Under Driver and Operator Training Requirements, it is unclear if the training requirements include spill response and/or pollution prevention measures. Would this type of training be valid for 36 months as well?

4) For the detailed spill contingency and emergency response plan, it should also include the requirement that the operator must have access to an available emergency contractor to assist at any time, as there is a possibility that the spilled materials, particularly from transport rollovers, will exceed the capacity of any on-board spill containment. Important contact numbers, including those of the municipalities, should be included in this response plan as well.

5) With the removal of financial assurance requirements, and instead proposing to rely on coverage provided by an insurance policy for the liability resulting from spills, some consideration should be given to the limitations/restrictions of such policy. How quickly can such funds be made available for a clean-up in the event of a spill that requires immediate action? In the event that a spill impacted a number of properties, how would the funds be available if tied up in legal or policy arrangements between various insurance providers?

6) While the Ministry maintains the authority to inspect and ensure compliance with regulatory requirements, what are the penalties for any infractions? The penalties must be significant such that infractions would be discouraged while proper documentation and training would be encouraged.