2B – Water and Wastewater Compliance in Practice

Preliminary Course Agenda

May 13, 2020
Course Description

This interactive session 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.

It will also review a dispute over stormwater 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.

Course Co-Chairs

Julie Abouchar, Willms & Shier Environmental Lawyers LLP | Rosanna DiLabio, Pinchin Ltd.

Guest Speakers

To be announced

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
  • Ontario’s Bill 132: “Better for People, Smarter for Business Act, 2019”
  • Permits to take water: Water bottling moratorium extension
  • Conservation authorities
  • Toronto Sewer Use Bylaw
  • 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 then assess what approvals are required for the 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 assess the company’s dispute with the 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. They will apply the law to assist the case study company 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 learn about the legal defence of due diligence. They will evaluate the evidence about the actions of Rags to Riches, their employees and agents against this standard.

Closing remarks and question & answer period

Course ends 5 PM

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