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By James E. Fisher, Roger Cotton

"The legal background f or environmental issues, and the growing emphasis both from government and private concerns of corporate and management liability for environmental problems provides one of the driving forces behind the growing concern with environmental law for the future. One prime objective must be the identification and minimization of potential liability, both for the corporation and its officers, directors and employees.This paper will identify the basis for liability of individuals and corporations for environmental matters, focussing on current legal requirements, and the appropriate legal response to events of such potential liability. It will also consider the reduction of liability through the implementation of management systems and environmental policies in order to ensure due diligence both with respect to corporate responsibility and the responsibility of the individuals within the corporation.IntroductionConsolidated Professor Mines Ltd . and its predecessor have been exploring in northwestern Ontario for about sixty years . During the last twenty years, the company has been interested in developing a gold mine, the Duport Project, on Stevens Island in Shoal Lake . The lake straddles the border between Ontario and Manitoba and is a drinking water supply for Winnipeg and environs.The Duport Project involves the mining of 450 t/day grading an average of 0.35 oz Ault of ore . At the minesite, located on Steven s Island in Shoal Lake, only preliminary processing of the ore will take place, to produce gravity and flotation concentrates for final gold recover y at a mainland plant well removed from the Shoal Lake watershed. No hazardous chemicals will be used at the island site."

Jan 1, 1991

By R C. Owen, M A. Ward

The paper describes the application of New Zealand's environmental impact assessment procedures to a proposed gold and silver mine in the North Island of New Zealand. The project is described and a summary is provided of the statutory permits or consents that are required prior to operation of the project. Emphasis is given to the requirement for environmental impact assessment and the preparation of a formal environmental impact report. The company's approach to impact assessment is described, with examples of how this assessment and the identification of management alternatives influenced the engineering design of the project. This paper was prepared as a contribution to a working session of the International Association of Impact Assessment VII Annual Conference, July 1988.

Jan 1, 1988

By P. Forbes

Mining and metallurgical processing companies that have adopted the principles of good environmental management often find it difficult to carry out an environmental assessment that yields meaningful opportunities for improved performance. This topic was investigated by means of a case study of a South African Base Metal Refinery (BMR) producing primarily nickel. A process-based Life Cycle Assessment (LCA) was carried out on the refining process, with the environmental impacts related to the production of reagents and utilities forming part of the assessment. The lifecycle inventory (LCI) was based on plant operating data spanning 31 months of production, from which a baseline environmental profile could be generated and interpreted to indicate the main sources of potential environmental impacts. Consequently, opportunities for improved environmental performance could be identified from the LCA model, which expressly related potential environ-mental liability to specific sub-processes in the assessed industrial operation. The on-site steam plant was found to be the primary source of potential environmental impacts in most of the impact categories considered. In closing, the paper discusses some of the limitations encountered in use of the LCA method. Keywords: life cycle assessment; LCA; life cycle inventory; LCI; base metal refinery; improved environmental performance; environ-mental management systems; nickel refining.

Jan 1, 2000

A survey of derelict and active alluvial tin and sapphire mines in the Emmaville area of northern N.S.W. as the first step in a pro- gramme of similar surveys to be undertaken throughout the State by the State Pollution Control Commission is presented. Thirty nine individual mine sites in the study area were included in the survey and an assessment made of the current level of impact on the environment at each site by assigning values of "magnitude" and "importance" to a number of impacting factors. Results are pre- sented in matrix form and mine sites ranked in order of impact "importance". Examples of alluvial tin, underground tin/arsenic and alluvial sapphire operations are discussed in detail and rehabilitation programmes proposed for implementation.

Jan 1, 1976

By K R. Vining, T E. Norgate

A study was carried out to compare the environmental impacts of the two major iron ore agglomeration processes, sintering and pelletising, using life cycle assessment (LCA) methodology. The following agglomeration processing routes, with the fuel options shown, were investigated:sintering with combined natural gas/coke breeze or charcoal as fuel, grate-kiln pelletising with combined natural gas/coke breeze as fuel, and straight-grate pelletising with combined natural gas/coke breeze as fuel. Inventory data for each process derived from the literature, and in some instances supplemented by additional simulations and calculations, were used in the study and the environmental impact categories considered were gross energy requirement (GER), global warming potential (GWP) and acidification potential (AP). The results of the study showed that the GER, GWP and AP for a sinter plant are higher than those for a pellet plant for the same amount of metallic iron in the agglomerated products. These results are partly due to higher consumption of solid fuel and flux in the sintering process. However, it should be pointed out that the study only compared substantially fluxed sinters with acid pellets that may require additional flux (and hence potentially more greenhouse gases emissions) to be a balanced blast furnace feedstock. Extending the LCA to the blast furnace process stage was beyond the scope of the current study. Within the sinter plant, the sintering stage itself is the largest contributor to the GER, GWP and AP. In the case of pellet plant, the pellet induration stage is the largest contributor to the various environmental impacts. The GER and GWP of a straight-grate pellet plant are marginally higher than those of a grate-kiln pellet plant due to the higher electrical power required by the straight grate system. The substitution of coke breeze with charcoal in the sintering process results in an increase in GER but a decrease in GWP. However, a substantial proportion of the GER is derived from renewable sources (wood), resulting in a decrease in the non-renewable components of this environmental impact. Given the source of the inventory data and the assumptions and approximations made in carrying out the LCAs, it is emphasised that the results presented in this paper should be considered as indicative rather than as definitive results for the two iron ore agglomeration processing routes considered.

Jan 1, 2006

By Verya Nasri, Scott Thorburn

The City of Toronto and the Toronto Transit Commission (TTC) have conducted an Individual Environmental Assessment (EA) for a 6.2 km, 4-station underground extension of the Spadina Subway from Downsview Station to Steeles Avenue. This Environmental Assessment Study was performed in three phases including routes and general station locations, alignments and station concepts and detailed assessment of the effects of the undertaking. URS Canada Inc. has led the consultant team for this Study. The anticipated total duration of the project is approximately 6 years and its estimated total cost is about $1.4 billion. This paper presents the planning process of the project, the environmental and engineering challenges, and the measures taken to address them.

Jan 1, 2007

By I. J. Brown

Paper prepared for presentation at Industrial minerals and the environment, held in Leeds, 24-35 September 1990. The need to submit an environmental statement (EIS) has certainly increased the workload of those concerned with both its production and assessment. However, there is now good evidence that the system is enhancing public confidence in the minerals industry in particular and improving relationships between the developer, planning authority and those consulted such as statutory bodies, parish councils, civic societies, nature conservation interests and ramblers

Jan 1, 1991

By P. C. Patnaik

Performance of industrial gas turbine engines in terms of power output, reduced cooling and efficiency have been continuously increasing in parallel with aero gas turbines due to the advances made in the development of new materials, protective thermal barrier coatings (TBCs) and the advanced diagnostics to monitor service induced problems such as hot corrosion, thermal and thermo-mechanical fatigue and other operational issues, Environmental attack (hot corrosion or high temperature oxidation) is a common degradation mode in the hot section of the gas turbine, Hot corrosion occurs when Na or K bearing compounds in the environment or in the fuel combine with other contaminants such as S and Pb or V to form corrosive sulphates or vanadates thus attacking the protective oxide on the turbine airfoil, These problems pose far more threat to new turbine engine materials such as directional solidified, single crystals and ceramic matrix composites (CMCs). The CMCs due to their increased temperature capability, when used in the combustion chamber, are likely to reduce the peak temperatures attained during combustion and therefore provide the benefits of reduced emissions of oxides of C and N, These issues will be reviewed critically and their impact will be assessed on gas turbine lives. With respect to alternate fuels, past experience has shown that utilization of residual oils and coal derived fuels in gas turbines have resulted in complex deposition and corrosion processes, In recent years biomass derived alternate fuels have been used either through a gasification cycle or through direct firing of the biomass derived liquid fuel with a view to reduce Green House Gases (GHGs) and improve the climatic conditions. In both cases, the resulting high temperature corrosion processes (in the presence of alkaloids in the fuel) are also very complex, leading to premature removal of hot section components, Technology solutions mitigating these fundamental problems will be reviewed and solutions presented.

Jan 1, 2005

There are many types of environmental audit: compliance, impact, risk and management audits; internal and external audits; single and multiple-project audits. All are becoming increasingly important in corporate management as new legislation confers increasing personal liability on directors, executives and staff of corporations and agencies in both private and public sectors.

Jan 1, 1990

By G A Brown

Environmental legislation is changing rapidly throughout Australia at the present time, and with that change comes additional responsibilities for the mining and petroleum industries. Among the many changes that are being made are increased penalties for both criminal and accidental environmental impairment. The defences for criminal offences are limited and for other offences the laws may impose strict liability - in effect the offender is guilty until proven innocent. Mines may be included under contaminated land legislation, creating additional liabilities for clean-up, rehabilitation and long-term management. It is not unknown in Australia for the value of a mortgaged property to be less than the amount of the environmental liability acquired by a mortgagor in possession due to contamination of the site. An essential part of the management program for resource projects is now the regular conduct of an environmental audit, the results of which assist in the management of the legal and financial liabilities facing company directors and managers. The audit can also assist with negotiations with government agencies, staff, unions, insurers, Aboriginal and other community groups. An environmental audit may also help to ensure that companies are claiming the maximum allowable deductions for environmental works under the tax laws, and provide evidence in support of such claims. Environmental legislation affecting resource industries Environmental legislation in Australia is changing rapidly and can impose massive constraints, substantial administrative costs, and considerable liability on directors, managers and the corporation. Pollution control legislation Every State and Territory of Australia has a range of pollution control legislation contained in either individual acts relating to air, water, noise and land, or embodied in a single environment protection act. Pollution control legislation provides a critical management baseline for resource industries throughout Australia, often requiring the full-time attention of an environmental manager or an environmental department. In general, it is an offence to discharge effluents into water, or emit gases into the atmosphere above prescribed limits, cause noise above a regulated level, or contaminate land without a licence. A licence determines how much of a substance can be discharged, the location, the receiving environment, the quality, and the time at which discharges can be made or noise can be caused. Planning legislation Planning legislation controls where a project is located, how it will be constructed and operated, how large it is allowed to be, and what will happen once the project is completed. Development consents or approvals will generally contain a range of conditions controlling the preparation of the site, the construction of the facility and the way it is operated throughout its expected life time. Resource projects may be regarded under legislation as scheduled or designated developments requiring special treatment during the decision-making process. Under planning legislation, it is usual for resource projects to be subject to an environmental impact assessment process. Resource legislation Resource legislation specifically covering mining and petroleum in Australia, also contains requirements regarding protection of the environment during exploration for and extraction of minerals and oil. A mining or petroleum production lease usually contains numerous conditions regarding protection of the environment and rehabilitation of the site during and after the life of the extractive process.

Jan 1, 1994

Continuous improvement in environmental management assists in the achievement of sustainability goals for the processing of minerals. The use of regular internal environmental audits (scored or unscored) which form an integral component of an Environmental Management System (EMS), provide demonstrable evidence of this improvement. Case studies are presented for a number of major coal mines in the Hunter Valley, where regular internal environmental audits have been undertaken every two to three months, over periods varying from 18 months to five years. Examples of the benefits of improved environmental performance (driven by the audit process) to sustainable development are provided.The auditing process as described here for coal mines, and coal handling and preparation plants, is equally applicable to the processing of other mineral ores, metalliferous mines, quarries, and oil and gas projects.

Jan 1, 2004

Continuous improvement in environmental management assists in the achievement of sustainability goals for the mining and processing of minerals. The use of regular internal environmental audits (scored or unscored) which form an integral component of an Environmental Management System (EMS), provide demonstrable evidence of this improvement. The audits described in this paper involve working with site personnel to develop and implement major improvement projects, providing advice on how to improve environmental practices and facilities, and disseminating innovative ideas and practices across the site and to other operations within the same group. Essentially the lead auditor assumes the role of a æskills coachÆ as opposed to a æpolicemanÆ, which is quite often the case for many audits. The audit process has been developed from involvement with a number of major coal mines in the Hunter Valley, where regular internal environmental audits have been undertaken every two to three months, over periods varying from 18 months to five years and more recently, with a metalliferous mine in the Northern Territory. Examples of the benefits of improved environmental performance (driven by the audit process) to sustainable development are provided. The auditing process as described is applicable to metalliferous mines, the processing of mineral ores, coal mines, coal handling and preparation plants, quarries, and oil and gas projects.

Jan 1, 2004

By J. P. Bunch

As the number of environmental laws continues to steadily increase and the economic penalties for contamination problems become more severe, environmental management represents an important management function within today's U. S. mining industry. The economic impact to a mining company for contamination is not only realized in legal fees and fines but also in the cost of doing normal business. For example, a mining company with contaminated property applying for a loan may be refused because of a lending institution's reluctance to finance due to liability concerns. Or, an insurance company may decide to greatly increase its annual premiums because of existing or potential contamination problems. One of the main duties of the environmental manager is to seek ways to reduce these types of problems by eliminating contamination or by knowing what problems exist and designing corrective measures to prevent the situation from worsening.

Jan 1, 1990

By Raymond B. Hryciuk

Environmental auditing has evolved rapidly over the last decade — first in North America, then Europe, and most recently in Asia — into a widely practiced discipline designed to provide senior management with assurance that operations are being managed in compliance with established governmental standards, internal company policies, and good industry practices. This paper first examines the evolution of environmental auditing, focusing in particular on three interlocking driving forces: company initiatives, collaborative industry initiatives, and government initiatives. Characteristics of effective audit programs, those that have emerged among the leaders, are discussed, including: objectives, scope, coverage, approach, staffing, and organizational considerations. The author then addresses important future trends and developments for environmental audit program design, content, and coverage.

Jan 1, 1996

By Daniel S. Gwinner

The tolling, or processing for a fixed fee, of aluminum drosses to recover the metal units is a common practice in the Aluminum Industry. The Dross Toller is acting for the owner, and since most dross processes result in material going to landfill, it is important for the owner of the dross to insure that the toiler is processing the material and handling waste disposal in an environmentally responsible manner. The paper discusses the Dross Toiler Audit Program, first from the Reynolds Metals Company perspective. Included are the reasons the company deems it necessary to audit and a description of the items covered during the audit. Finally, there will be a discussion of the audit from the Tollers perspective - what the Toiler can expect when the auditor arrives.

Jan 1, 1995

By J. R. Gaw

Recent events pertaining to U. S. energy needs and development of alternative energy fuel resources have made the American public more aware of past and present coal mining operations, and their impacts on the nation's economy and environment. This awareness has developed rapidly due to increased government involvement and consequent media coverage. This is true particularly in the Western states and in Texas. One of the consequences of this increased public awareness is public concern over the perceived and real consequences of mining operations. Emphasis has been placed on potential releases of toxic and hazardous substances, and possible carcinogens. The result of this public concern is a mounting effort at both state and Federal levels to promote stricter laws regulating the mining industry.

Jan 1, 1992

By R. Gilliam

The Jewett Mine is located in two East Central Texas Counties, Leon County and Freestone County. The area is primarily suited for agriculture with approximately 90% of its agricultural income coming from beef cattle and hogs. In addition to livestock both of these counties produce hay, oats for grazing, pecans and corn. There are 1,101 farms and/or ranches in Freestone County consisting of 381,248 acres. Less than 15% of this acreage is harvested croplands. Leon County has 1,227 farms and/or ranches for a total of 442,387 acres, of which less than 13% is harvested cropland. Total annual agricultural sales for Leon County are approximately $36 million and Freestone County has approximately $21 million. Ninety percent of the annual agricultural sales derive from livestock.

Jan 1, 1992

By J. N. Philbrook

As with most industries, mining must now include in its plan of operation mechanisms to address a project's environmental impact. New regulations have focused attention on the potential environmental impacts of industry, particularly the handling of wastes. Modifications are currently being proposed to the Bevill Amendment. And development is ongoing of Resource Conservation and Recovery Act (RCRA) Subtitle D regulations specific to mining wastes. The result is a growing concern on the part of lenders, developers, buyers and owners regarding acquisition and ownership of mining properties. One of the most effective tools in managing the regulatory requirements is an environmental audit. An environmental audit can be a literature review to determine regulatory requirements. The audit can also take on the form of a phase-one site assessment. This is a limited investigation to determine whether there are specific

Jan 1, 1991

By G. V. Basham

"Environmental audit" is a phrase that can raise the blood pressure of otherwise cool and calm corporate personnel. There is widespread concern that any organized effort to find environmental problems will do so and may result in the imposition of substantial liability against the business that engages in such activities. However, such audits can reduce rather than enhance possible liability. Relevant issues include: the role of the attorney in the process, liability risks associated with environmental audits, steps to maximize confidentiality of audit results, reporting requirements and use of audit results in a proactive manner.

Jan 1, 1995

By III Basham

As environmental laws and regulations become more complex and the economic cost of non-compliance becomes greater, periodic assessment of environmental compliance, identification of potential liability and implementation of any necessary remedial action should be a standard part of the operational methods of any successful business. The title of this paper "Environmental Audits, A Shield, A Sword or A Trojan Horse?" is intended to draw attention to the fact that environmental audits can be used positively to shield a business operations from actual or potential environmental liability; can be used proactively as a 'sword" in both a marketing context ("do business with us because we conduct our business safely and professionally?) and as a mechanism for developing positive relationships with environmental regulators; and, used negatively, as a "Trojan horse", by developing information which those same environmental regulators (or the public) use in an enforcement context against your business or that of your clients. This paper will discuss the concept of environmental audits in general; the pros and cons of conducting the same; and the role of the attorney, as part of the "audit" team, to insure, to the greatest extent possible, that the audit process is productive from both a managerial and legal perspective.

Jan 1, 1992