2B – Water & Wastewater Regulation and Compliance: Update and Interactive Case Study
May 13, 2020
Join us for an update on water and wastewater legislation, and an interactive session that will walk participants through a case study designed to outline the regulatory framework around managing and troubleshooting common water and wastewater issues.
The session will focus on the application of information presented by subject matter experts to the fictional scenario of a discharge from a manufacturing facility, resulting in management and employees preparing themselves for trial, as well as a dispute over storm water management in a Municipal Class Environmental Assessment.
Attendees will take away valuable lessons for the practical application in identifying, managing and mitigating environmental compliance risks in their workplace.
Richard Butler, Partner, Willms & Shier Environmental Lawyers LLP
Course begins 9 AM
Water & wastewater regulatory framework
Overview of the legislation governing water and wastewater in Ontario
- Federal legislation
- Provincial legislation
- Municipal legislation
What’s new: Federal, provincial and municipal updates
- Fisheries Act: Recent prosecutions and 2019 amendments
- Ontario’s Bill 132: Proposed amendments to the Ontario Water Resources Act and Safe Drinking Water Act
- Permits to take water and water bottling moratorium extension
- Conservation authorities
- Conservation Authorities Act amendments
- Source Protection Plan amendments
- Toronto Sewer Use Bylaw: Recent prosecutions
- The question of municipal liability for permitting development in flood plains
Case study introduction
Participants will be introduced to a case study featuring Rags to Riches, a family-run textiles manufacturing company, and the Municipality of Watertown, a mid-sized municipality in Ontario.
Rags to Riches runs afoul of water laws in Ontario, and becomes involved in a dispute with Watertown over stormwater issues in Watertown’s Municipal Class Environmental Assessment. Throughout the day, participants will be invited to role play, assess the application of water law and environmental assessment law, and analyze the municipality’s and company’s compliance.
Water and wastewater approvals and Municipal Class Environmental Assessment
Participants will be provided with an overview on municipal and provincial water approvals, and the Municipal Class Environmental Assessment process.
Participants will be invited to assess what approvals are required for our case study company, Rags to Riches, to discharge water and to take water, as well as ongoing compliance responsibilities following the initial approvals. Participants will also be invited to assess Rags to Riches’ dispute with our case study municipality, Watertown, over Watertown’s Class EA.
The discharge, violations and reporting
Participants will learn about reporting obligations and legal obligations for managing discharges and reporting.
Participants will then apply the law to assist our case study company, Rags to Riches, to identify potential violations and deal with an unexpected discharge event.
Environmental inspections and investigations
Participants will learn about their rights and responsibilities during an environmental inspection and an enforcement investigation. They will role play investigations, learning about do’s and don’ts and managing different investigation styles.
Charges and personal environmental liability
Participants will learn about environmental liability for directors and officers, employees and consultants. They will then apply the law to hypothetical directors, employees, and consultants involved in the case study discharge event.
Defending your actions: Due diligence
Participants will be invited to evaluate the evidence about actions of Rags to Riches, their employees and agents against this standard. This will be an interactive session with an inspector [TBC].
Closing remarks and question & answer period
Course ends 5 PM
8 AM: Registration opens
9 AM: Courses begin
12 PM: Lunch
5 PM: Courses finish