New Website Announcement

Fisher Environmental is excited to announce the launch of their newly designed Website at: www.fisherenvironmental.com 

Fisher Environmental - home page

The site welcomes visitors with bold colours and a clean easy-to-read layout. Full of topical content and videos, our aim is to share our knowledge and expertise on environmental due diligence and how environmental issues impact real estate. 

The new site is divided into relevant sections including:

1. Environmental Site Assessments - the industry's most recognized due diligence report.
2. Indoor Air Quality - a growing human health concern.
3. Site Remediation - dealing with environmentally contaminated properties.
4. News Releases - topical articles from a variety of national publications.
5. Social Media - links to Associations and Fisher's other sites: Fisher Labs and Fisher Drilling.

The Website will be updated on a regular basis with new content.

Mould and Your Health - Toronto, Ontario

Mould is everywhere, it is in the air we breathe and grows on virtually any surface. In fact there are thousands of species of mould in Canada.  However people can develop chronic, even life-threatening, illnesses as a result of prolonged exposure to high levels of Mould.  

Mould infestation - Toronto, Ontario

Since mould concentrations are higher indoors, which is where we spend 90% of our time, homeowners should be especially careful to ensure that their house is safe. 

How do you control Mould? -   Control Water, Ventilation and Temperature.

Mould requires water to grow, so it is important to prevent moisture problems in buildings. When poor ventilation is mixed with high humidity, visible mould can appear in less than 48 hours.  If left unchecked, the mould will flourish eventually becoming airborne spores. It is when the mould becomes airborne that health problems can arise.

What do you do if you see or suspect you have mould? 

1. Your health: consult a medical health professional. 
2. Your home: have a qualified mould inspector to do an assessment.*

The inspector will test and safely remove the mould, while keeping everything outside the contamination area free from spores.  Indoor air quality testing performed before and after the clean-up, will confirm the mould has been effectively removed.  

*WARNING: If you suspect that your home may have been a marijuana grow house, it may have serious and potentially dangerous structural and electrical issues. We will address the implications of owning a former "grow op" in the next blog.

Click HERE for a 2 minute Health Canada video on Mould prevention

Environmental Liability in Ontario Steps Backward

Ontario’s environmental industry is still processing a startling decision on a massive property contamination case made earlier this month.

On October 7, 2011 the Ontario Court of Appeal overturned a July 2010 decision by the Ontario Superior Court in Smith vs Inco Limited[1]. The 2010 decision awarded $36,000,000 in damages to 7000 property owners in Port Colborne, Ontario, due to soil contamination caused by nickel particles emitted from Inco’s refinery, over a 66 year period up to 1985. It was speculated that the original July 2010 decision would open the door in Canada (or at least Ontario) to American-style environmental class-action lawsuits popularized in movies like: Erin Brockovich starring Julia Roberts, and Civil Action with John Travolta.

In the Court’s decision it said that the case failed to prove that Inco’s refinery dust negatively impacted the values of the properties or the owner’s ability to use their properties.  The Court also found that the case did not show that the contamination posed a risk to the health or safety of residents.

The implications of this decision are potentially far-reaching when you consider so many industrial activities operate near residential areas.

There are several layers of irony in this story.

1.   Smelting is a “Potentially Contaminating Activity” highlighted by the Ministry of Environment (MOE) earlier this year in amendments to Ontario’s Brownfield legislation, O. Reg 153/04. Legislation that is designed to protect human health and the health of our environment.

2.   The pollutant in question, nickel refinery dust, is considered a human carcinogen by the US EPA, and EPA cites health studies from Port Colborne to support their conclusions! “Evidence of carcinogenicity includes a consistency of findings across different countries (Clydach, Wales; Copper Cliff, Ontario; Port Colborne, Ontario; Kristiansand, Norway; and Huntington, WV)”[2]

Inco (now owned by Vale Ltd.) is however not gloating over what must be viewed as a huge victory. The company's website has no posted announcements on the case.

[1] www.ontariocourts.on.ca/decisions/2011/2011ONCA0628.htm

[2] www.epa.gov/iris/subst/0272.htm

---

Is a Record of Site Condition based on a Risk Assessments risky? Toronto, Ontario

Consider this situation: Your client wants to develop a large real estate parcel in a trendy transition neighbourhood in Toronto.  The problem is the Phase II Environmental Site Assessment has determined the site is contaminated with a mix of petroleum hydrocarbons, PCBs, dioxins, and heavy metals. On top of that the estimated costs to remediate, if done, would kill the project.

Dead deal, right? Not necessary.



Brownfield site in Toronto



For sites such as these a Modified Generic Risk Assessment (MGRA) may be an option.  Risk Assessments (RA), which are detailed studies of the risks to human health and the ecology caused by exposure to contaminants at a particular site, have been around for years.  However amendments to Ontario Regulation 153/04, include the new MGRA model, which promises to be a quicker and more cost-effective approach to getting a Record of Site Condition (necessary for redevelopment) on a contaminated property.

Risk Assessments are detailed studies of the risks to human health and the surrounding ecology caused by exposure to environmental contamination at a site.

While this is good news, the Ministry of Environment reserves the right to place a Certificate of Property Use (CPU) on a Record of Site Condition based on any risk assessment. CPU’s are limitations on how a site can be used (in order to protect human health) and are registered on title. An example of a CPU would be a provision prohibiting basements if it is deemed there is a risk of noxious vapour intrusion from contaminates in the soil. 

Certificates of Property Use can limit how a site can be developed and are registered on title.

So are Risk Assessments, risky? While it is true both traditional RA’s and MGRA’s are somewhat subjective, the strength of any Risk Assessment ultimately lies in the ability of the Risk Assessor, who does the analysis of the scientific data and submits the report.

Consider though: The hypothetical real estate parcel I referenced above does exist: It is the 80-acre West Don Lands site in downtown Toronto, which is currently being developed as the Athletes’ Village for the 2015 Pan Am Games. After the Games this site will ultimately have 6,000 new residential units and 23 acres of parks and public space, all on environmentally contaminated land, but with on-going risk management measures in place.

It’s a brave new world.

Toronto's West Don Lands - 2015

Next 2 blogs: Things to remember about Ontario’s new environmental legislation

Mould Control in Toronto, GTA and all of Ontario

Microscopic Mould

Gone are the days when Mould (or Mold - both spellings are acceptable) was simply the ‘nasty black stuff’ growing on a wall that was cleaned up with some bleach.  Today we are more aware of indoor air quality and that exposure to mould can cause a wide variety of illnesses. Symptoms such as allergenic reactions or asthma attacks, can progress into severe and chronic ailments with prolonged exposure. 

It doesn't matter where you live: Mississauga, Waterloo or Barrie, mould is everywhere. It’s in the air we breathe and grows on virtually any surface. In fact there are over 1,000 species of mold in Canada. So what can you do to protect yourself from mould and maintain reasonable indoor air quality?

'Black' Mould in house in Toronto

Control the Moisture, Control the Mould.

Mould requires water to grow, so it is important to prevent moisture problems in buildings. When poor ventilation is mixed with high humidity, often caused by leaking roofs and basements, the right environment for mould growth is created. Under these conditions visible mould can appear in 24 hours and will flourish, if left unchecked, eventually becoming airborne spores. 



"Grow Op" home in Markham

 What do you do if you see or suspect you have mould? It is recommended you get a qualified mold inspector to do an assessment. Many home owners have unwittingly made their mould situation worst by attempt to remedy the problem themselves.  

The inspector will test and safely remove the mould, while keeping everything outside the contamination area free from spores.  Indoor air quality testing performed before and after the clean-up, will confirm the mould has been effectively removed.

Thanks to Ross Sullivan of Mold.ca for contributing to this blog.  Mold.ca is Canada's leading mold inspection and removal firm.