ABSTRACT#1
SPILL RESPONSE
THE TEST OF DUE DILIGENCE
By Ray Hollenberg, B.Sc., R.P.Bio.
NorthWest Response Ltd.
An inland spill that has negatively impactedthe environment may result in a costly response initiative, in addition to potential legal costs and associated fines. Spillers who can prove due diligence will not only reduce the risk of a spill buthave a legal argument that reasonable preventative measures were taken.
Due diligence is a legal defense that the spiller took reasonable measures to prevent the spill incident from occurring. Therefore the “test” of due diligence is the process of ensuring that reasonable preventative measures were identified and implemented. Although the focus is usually on prevention, the test of due diligence can also be applied to the responseeffort that was taken to minimize the impact on the environment.
The“reasonable preventable measures” may include: arisk assessment of its operational activities;spill prevention & response planning; site specific response equipment;an assessment of the receiving environment; written and implemented control measures, to name a few.
The“response effort to minimize the impact on the environment” may include: environmental assessments of receiving environment andimplementing a response strategy that is effective, timely and safe.
In British Columbia, the legislation does not mandate the cleanup of a spill, but emphasizes that the spiller must minimize the impact of the spill, if it’s safe to do so.
This discussion will conduct the “test of due diligence” on some recent spills to emphasis the importance of prevention and preparedness as well as the importance of implementing an effective response strategy.
About the Author:
Ray Hollenberg spent 5 years sailing around the world with his parents before attending University of Victoria, British Columbia in 1981. He graduated in 1987 with a B.Sc. in Biology and became a Registered Professional Biologist in 1995. Specialty training includes: NFPA-472 HazMat Technician; Highways Emergency Response Specialist (Pueblo, Colorado): SVOP, Coastal Navigation & RHIB (Commercial Boating Licenses). Ray worked for six years with the Ministry of Environment in Smithers, BC: two years conducting environmental impact assessments and four years in contaminated sites and spill response. In 1995, Ray established NorthWest Response Ltd. (NWR), an environmental consulting company in Smithers, B.C. The focus of NWR has ranged from spill prevention to spill response, site assessment, remediated and restoration. NWR is also actively involved in teaching numerous courses to industry, government and post secondary institutions. Over the past 20 years NWR has published six editions of the BC Fuel Guidelines. Ray has been called upon as an Expert Witness in interpreting the industry standards for fuel handling, transportation and storage.