GEPR Energy Canada Inc. - Order to prevent discharge of contaminants

This is a notice of a proposed amendment to Director’s Order No. GE-PTBO-DO001FA issued December 10, 2018.

This order was issued under sections 18, 132, 196 and 197 of the Environmental Protection Act (EPA) to General Electric Canada Company and to General Electric Canada Property Inc. in relation to the General Electric industrial plant site (and nearby associated properties) located in the City of Peterborough, Ontario.

Under subsection 18(1) of the EPA, the director may issue an order to a person who owns or owned or who has or had management or control of an undertaking or property to undertake actions based upon preventative measures.

Under subsection 196(1) of the EPA, an order can be made under the Act to require the person or body to whom the order is directed to take such intermediate action or such procedural steps or both as are related to the action required or prohibited by the order and as are specified in the order.

Under section 197of the EPA, an order can be made under the Act to require any person with an interest in the property, before dealing with the property in any way, to give a copy of the order or decision affecting the property to every person who will acquire an interest in the property as a result of the dealing and to register a certificate on title to the property.

In the 2018 Director’s Order, the ministry required the ordered parties to continue to undertake ongoing environmental monitoring and mitigation programs in relation to historical contamination issues, primarily trichloroethylene (TCE) and polychlorinated biphenyls (PCBs), at the General Electric industrial plant site (and nearby associated properties) in the City of Peterborough, Ontario, and to submit Financial Assurance evaluation reports for these activities. Further, once the submitted Financial Assurance evaluations were approved, the Director’s Order required the orderees to submit Financial Assurance to the ministry so that funds are available for the ministry in the event that the orderees become unable or unwilling to comply with the requirements of the Order.

Since the issuance of the 2018 Director’s Order, the ordered parties have undergone a name change and are now known as GEPR Energy Canada Inc. GEPR Energy Canada Inc. is requesting to sell two of the four properties, 297 Rink Street and 107 Rubidge Street, mentioned in the 2018 order, and make some minor monitoring changes to ensure monitoring programs continue.

In the amended Director’s Order, the ministry is requiring the ordered parties to continue to undertake ongoing environmental monitoring and mitigation programs in relation to historical contamination issues, and to submit Financial Assurance re-evaluation reports to capture the removal of the two properties.