Environmental Code Including the Role of Agrologists Saskatchewan Institute of Agrologists April 10, 2014
Changing HOW we do business
Creating the Balance
From inflexible and permit-burdened To focus on Desired Environmental Outcomes
Informed The level of process is related to the risk to human health and the environment
RESPONSIBILITIES Responsibility of Qualified Person - contained in the Acts and bylaws (e.g. scope of practice) Responsibility of Proponent ultimate responsibility of activity lies with the proponent
OFFENCES It is an OFFENCE to: provide misrepresentations; not disclose all material facts; and not comply with any professional associations.
Am I a Qualified Person? 1 - QP Class listed in chapter 2 QPAC Process Minister Designation Process
PURPOSE Certifying a site suitability report ROLE FOR PROFESSIONAL AGROLOGISTS* Certifying a site suitability report Certifying a technical investigation Certifying a Tier 1 CAP Certifying an Environmental Protection Plan Certifying QA/QC sampling and analytical procedures CHAPTER Transfer Station Landfill * Agrologists can be designated where not specifically listed Corrective Action Plan Liquid Domestic Waste Disposal Hydrostatic Testing Site Assessment Corrective Action Plan Hydrostatic Testing Transfer Station Liquid Domestic Waste Disposal Landfill
IMPACT OF THE SASKATCHEWAN ENVIRONMENTAL CODE ON AGROLOGISTS? More formal process for certifying plans and providing opinions; May wish to obtain Errors and Omissions insurance; Additional duties imposed on QP s as per S. 30 EMPA, 2010 (e.g. no misrepresentations, must disclose all material facts, and must comply with professional standards).
Implementation Proclamation Phase-in periods Compliance Education, Awareness and Training webinars guidance manuals presentations technical workshops
Visit the Ministry of Environment s website to get more informed. www.environment.gov.sk.ca
Jeff Paterson, P.Eng. Manager Results-Based Regulations and Code Secretariat Branch, Ministry of Environment 5 th Floor, 3211 Albert Street Regina, Canada S4S 5W6 Bus: 306-787-9764 Fax: 306-787-0024 Cel: 306-531-6840 Email: jeff.paterson@gov.sk.ca saskcodesecretariat@gov.sk.ca www.environment.gov.sk.ca
Saskatchewan Environmental Code Impacted Sites Saskatchewan Institute of Agrologists Saskatoon, SK By: Brent Zelensky, P.Ag.
Current Regulations Results Based Regulations (RBR) Environmental Management and Protection Act (EMPA, 2002) Hazardous Substances and Waste Dangerous Goods Regulations (HSWDG, 1989) Environmental Spill Control Regulations (1981) Risk-Based Corrective Actions for Petroleum Hydrocarbon Impacted Sites (RBCA, 2009) Environmental Management and Protection Act (EMPA, 2010) Saskatchewan Environmental Code Code Chapters Related Standards Technical Guidance PCB Waste Storage Regulations (1989) CCME Canadian Environmental Quality Guidelines
Source A substance causing adverse effect or listed in Table 1 of Discharge and Discovery Standard in: Soil; Water; or Air At a concentration >Table 2 values of Photo Source D&D Standard Pathway Dermal and Eye Contact Ingestion Inhalation Potable groundwater Freshwater/aquatic life Photo Source Receptor Human Commercial Industrial Agricultural Residential Ecological Livestock/Wildlife Aquatic Life Plants/Invertebrate Photo Source
Current Process Discovery Assessment Corrective Actions Closure
RBR Process DIRECTED Discovery Assessment Corrective Actions Closure VOLUNTARY
RBR Process Discovery Corrective Actions 1 4 2 Assessment 3 Closure
Methanol Preservation of VOC Soil Samples US EPA Method 5035A Closed System Purge & Trap and Extraction for Volatile Organics in Soil CCME Guidance Manual on Sampling, Analysis and Data Management (Draft, 2013)
SEQG http://envonline.gov.sk.ca/seqg/ *To access, use password: Beta
Other Considerations Qualified Professionals Acceptable vs. alternative solutions Notice of Site Condition vs. Closure Letter Financial assurances for Risk management with future reclamation (RMFR) Consistent Land-use Clause Anti-Lynview Ridge Clause Contractual Transfer of Statutory Responsibility
Summary Reduced number of regulatory documents Same basic principles Directed vs voluntary process QP definitions New sampling protocols SEQG Risk-based closure concepts
www.environment.gov.sk.ca
Ministry of Environment Environmental Protection Branch Hazardous Materials and Impacted Sites Brent Zelensky, P.Ag. Environmental Project Officer, Provincial Hazmat Coordinator #102 112 Research Drive Saskatoon, SK S7N 3R3 Office: 306-933-5976 Fax: 306-933-8442 Email: brent.zelensky@gov.sk.ca
Ministry of Environment Compliance Audit Program Audit Model Summary
Ministry of Environment Mission Environmental Protection/ Sustainable Use Service Excellence Enhance Economic/ Social Benefits Results Based Regulatory Framework Legislation Environmental Code Online Services Compliance & Enforcement Qualified Persons Compliance Audit Program Mandate Independent & Objective Compliance Assurance Services Environmental Protection
Saskatchewan Ministry of Environment Compliance Model Risk modeling Focus on high risk Ministry and branch annual compliance plans Established performance measures Compliance education Monitoring and surveillance Auditing Inspections Compliance Assurance Compliance Planning Compliance Outcomes Compliance & Enforcement Tools Improved level of compliance Public trust Level playing field Transparency Information resources Investigations Administrative penalties Orders Restorative justice Prosecution Civil action
Mandate The mandate of the Ministry of Environment Compliance Audit Program is to provide independent, objective assurance services to the public of Saskatchewan, ensuring compliance with environmental laws and regulations within the regulated community to protect our environment.
Scope MOE Compliance Audit can be conducted on anyone who: has been issued a permit, approval or authorization pursuant to any Act or regulation administered by the MOE; Engages in an activity governed by an environmental protection plan (EPP); or Is required to comply with the Saskatchewan Environmental Code as enabled by any Act administered by the MOE.
Scope Limitations MOE Compliance Audit Limitations: Operations not within the MOE s jurisdiction will not be subject to the MOE s Compliance Audit Program, which includes: Those on federal lands (i.e. First Nations, Department of National Defence, National Parks, etc.)
Audit vs Inspection Inspection activities undertaken to verify compliance with a regulatory requirement.
Audit vs Inspection Audit - Systematic, independent and documented process for obtaining evidence and evaluating it objectively to determine the extent to which environmental Acts and Regulations are being properly followed.
Compliance Framework Guiding Principles Materiality Affordability Transparency Respect Independence Accountability Timeliness Competence
Compliance Framework Guiding Principles Materiality Affordability Transparency Respect Independence Accountability Timeliness Competence
Compliance Framework Guiding Principles Materiality Affordability Transparency Respect Independence Accountability Timeliness Competence
Compliance Framework Guiding Principles Materiality Affordability Transparency Respect Independence Accountability Timeliness Competence
Compliance Framework Guiding Principles Materiality Affordability Transparency Respect Independence Accountability Timeliness Competence
Compliance Framework Guiding Principles Materiality Affordability Transparency Respect Independence Accountability Timeliness Competence
Compliance Framework Guiding Principles Materiality Affordability Transparency Respect Independence Accountability Timeliness Competence
Compliance Framework Guiding Principles Materiality Affordability Transparency Respect Independence Accountability Timeliness Competence
Audit Process Scheduling Initiation/ Preparation Audit Execution Performance Evaluation/ Communication Pre-Audit Fieldwork Post-Audit
Communication & Reporting Audit team communication with auditee ongoing throughout audit process Audit Report linking to outcomes Management Action Plan Public Reporting of Audit Activity on annual basis
Audit Outcomes Positive Finding Type I Finding Type II Finding Type III Finding Compliant Immediacy and Severity of Threats to human health, safety or the environment Non- Compliant
Public Reporting of Audit Activity For each audit: Scope and audit conclusion Key findings and recommendations Report on positive findings (best practices) Auditee status on implementation of recommendations
Risk-based Compliance Audit Model Collaborative with goal of voluntary compliance Audit teams comprised of: Permanent audit staff Pool auditors from ministry program areas
Audit Selection Risk-based criteria considers the following: Likelihood and Impacts on: Environment Human Health & Safety Socio-economic Compliance History Compliance Assurance Coverage Reputation/Public Interest Inherent Industry/Activity Impact Internal EMS/ECA Program
Contact Information For more information please contact: Pam Herbert, Director, Compliance Audit at (306) 787-7253 or pam.herbert@gov.sk.ca Mark Tinney, Compliance Auditor at (306) 798-0481 or mark.tinney@gov.sk.ca
Ministry of Environment RBR & Code Management Branch 5th Floor, 3211 Albert Street Regina, Canada S4S 5W6 www.environment.gov.sk.ca