Markets have been plagued by uncertainty this year, but cleantech investors can nevertheless rely on the proven practice of recycling materials into sustainable products, so says GreenMantra CEO Jodie Morgan. How fortunate, then, that Morgan and her Brantford company are one of Canada’s top post-consumer, post-industrial plastics recycling firms — morphing one of the most problematic innovations in history into things like asphalt shingles, wax and ink. As a member of MaRS Momentum, GreenMantra is also one of the country’s fastest-growing firms, with sales increasing so rapidly in 2020 that the startup expanded its manufacturing facility and doubled capacity.
What’s next: If “plastic is the new crude oil,” then Morgan and her employees are going to be busy well past next year. GreenMantra is working with petrochemical companies NOVA Chemicals and Inter Pipeline to develop new ways of enhancing asphalt. The positive environmental impact could be huge, particularly when you consider that 1,000 kilometres of paved road, for example, represents up to 2.7 billion plastic bags removed from a landfill.
Ajay Kochhar, CEO and co-founder of Li-Cycle
As climate-focused initiatives become a bigger priority, homegrown companies are looking to contribute in their own unique way. “Canada aims to achieve net-zero carbon emissions by 2050, and clean technology will play a massive role in this transition away from emissions,” says Ajay Kochhar, CEO and co-founder of Li-Cycle. Based in Mississauga, Li-Cycle recovers more than 80 percent of all materials found in lithium-ion batteries through their environmentally sound recycling plants.
https://advancedwastesolutions.ca/wp-content/uploads/2018/09/coollogo_com-184851434-300x23.png00John Nicholsonhttps://advancedwastesolutions.ca/wp-content/uploads/2018/09/coollogo_com-184851434-300x23.pngJohn Nicholson2021-01-08 22:03:102021-01-08 23:47:24Two Recycling Company CEOs make the Canadian Tech Entrepreneurs Watch List for 2021
Conservationist group #SeaTheBiggerPicture Ocean Initiative (#STBP) and engineers from Matriarch Generic Engineering have developed a giant vacuum cleaner that picks up trash and sieves out microplastics from the beaches of Cape Town in South Africa.
Called the Enviro Buggy, it sieve out microplastics, pieces of plastic that have broken down and now are smaller than 5mm, from ordinary beach sand. It would take humans days to do the same using manual methods.
“The Enviro Buggy was born out of a necessity. We were fed up with trying to pick up so many tiny degraded particles of plastic. It was near impossible by hand, even with a large-scale crew,” said Tash Krauss, a conservationist at STBP.
According to a recent market study, the global waste to energy market size was valued at USD 17.3 billion in 2017 and is projected to reach USD 27.7 billion by 2025, growing at a CAGR of 6.1% from 2018 to 2025.
The Waste to Energy (WTE) or energy-from-waste (EFW) is the process of generating energy in the form of electricity and/or heat from the incineration of waste. The energy produced from this process is close to that produced from coal, natural gas, oil, or other processes. The waste to energy cycle is projected to reduce landfill municipal solid waste ( MSW) by 90 percent, which will further reduce the emissions of carbon dioxide (CO2) produced by the waste.
TRENDS INFLUENCING THE WASTE TO ENERGY MARKET SIZE
Substantial growth in energy consumption, coupled with increased emphasis on energy generation from renewable energy sources, is expected to push global waste to the energy market.
Increased domestic and industrial waste has prompted governments across regions to generate energy from waste. Furthermore, the increased investment by various governing bodies, particularly in developing countries in Asia-Pacific, such as China and India, coupled with rapid urbanization and significant growth in consumer spending capacity, is expected to drive global waste to the size of the energy market in the forecast period.
Biological treatments include the treatment of waste with microorganisms to generate energy. Such approaches are considered more environmentally friendly than thermal techniques, and their market penetration is expected to grow over the forecast period.
It is expected that high installation costs and toxic gas emissions during incineration would impede market growth over the forecast period.
WASTE TO ENERGY MARKET SHARE ANALYSIS
Thermal technologies have emerged as the leading technology employed to produce energy from waste. In 2019, the segment generated 87 percent of total market revenue.
Asia-Pacific is projected to witness the highest growth rate from 2018 to 2025, mainly due to the rise in demand for energy. The rise in industrialization, coupled with rapid urbanization activities in emerging economies such as China and India, is expected to drive the market during the forecast period.
In 2017 Europe, in terms of sales, retained the leading waste to the energy market share. This dominance is attributed to the rise in the production of municipal solid waste (MSW), combined with the increase in energy demand. This region is investing heavily in developing renewable energy production.
TOP COMPANIES IN THE WASTE TO ENERGY MARKET
Many players operating in this waste to the energy market are actively pursuing marketing strategies such as partnership, company expansion, mergers & acquisitions, and joint ventures to improve their position.
Waste Management Inc.
Suez Environnement S.A.
C&G Environmental Protection Holdings
Constructions industrielles de la Méditerranée (CNIM)
https://advancedwastesolutions.ca/wp-content/uploads/2019/04/03WestPalmBeachkrediteresSWAphotos8straightenup1360x765.jpg7651360John Nicholsonhttps://advancedwastesolutions.ca/wp-content/uploads/2018/09/coollogo_com-184851434-300x23.pngJohn Nicholson2020-07-24 22:52:382020-07-24 23:06:00Waste To Energy (WTE) Market Size is Projected to Reach USD 27.7 Billion by 2025
In light of ongoing uncertainty of the duration of COVID-19 and its impact on industrial operations and despite the federal government only committing to the exercise of “enforcement discretion,” several provinces have recently acted to temporarily relax numerous environmental notice, reporting and compliance requirements. This bulletin provides an update on the changes introduced over the past several weeks by the governments of Alberta, British Columbia, Ontario and Quebec. For initial governmental actions pertaining to environmental regulatory compliance requirements during the current COVID-19 pandemic, and measures businesses can take to protect themselves, please refer to our March 2020 Blakes Bulletin: Environmental Regulatory Compliance During the COVID-19 Pandemic.
The Ministry of Environment and Climate Change Strategy (MOE) has issued a notice stating that authorization requirements under the Environmental Management Act (EMA) and the Integrated Pest Management Act (IPMA) remain in effect and all reasonable measures should be taken to comply. If an authorization holder is unable to meet its requirements due to the impact of orders, directives or guidance issued by B.C. in response to COVID-19, the MOE requires notice of the non-compliance, including a rationale as to how the compliance issue is related to COVID-19 and information on mitigative measures being taken. Notice regarding non-compliance pursuant to the EMA must be provided to [email protected], while notice regarding non-compliance pursuant to the IPMA must be provided to [email protected]. The MOE will take into consideration directives and guidance from the public health officer when addressing non-compliances.
On March 27, 2020, the Chief Gold Commissioner issued a blanket order extending timelines in relation to all claims and licenses under the Mineral Tenure Act, as well as in relation to all coal licenses and leases under the Coal Act. The time to make cash in lieu or register work on claims that have expiry dates before December 31, 2021, is extended to December 31, 2021. Claims with expiry dates past this date are not subject to this order. For mining and placer leases, as well as coal leases and licenses, the time to register the annual rental payment, which is normally on the anniversary date, is extended to December 31, 2021.
Also on March 27, 2020, a notice was issued jointly by the Environmental Appeal Board, the Forest Appeals Tribunal and the Oil and Gas Appeal Tribunal suspending mandatory timeframes, effective March 18, 2020, for the filing of appeals at all three tribunals. The suspension of timeframes will remain in effect until further notice at the end of the COVID-19 public health crisis.
On April 1, 2020, OIC 158/2020 was approved to amend regulations made pursuant to the Greenhouse Gas Industrial Reporting and Control Act. OIC 158/2020 gives the director discretion to accept incomplete emission reports or compliance reports (i.e. either missing required information or a verification statement) for the reporting period ending December 31, 2019 (2019 GHG Reporting), and to provide up to six months for the missing information to be provided. The OIC also gives the director discretion to extend the submission deadline for 2019 GHG Reporting by up to six months. Finally, the OIC gives the director discretion to conduct any site visit required in relation to 2019 GHG Reporting virtually and in accordance with the director’s directions. Details on how this discretion will be exercised have not been provided.
On April 8, 2020, the Oil and Gas Commission (OGC) issued Industry Bulletin 2020-09, extending the payment deadline for the 2019/20 pipeline annual levy from 30 to 90 days. The OGC has also indicated that it will continue to undertake proactive inspections, with modified procedures to maintain social distancing which may include requesting site photographs from company representatives in lieu of site visits where possible. The OGC will also continue to take enforcement action where necessary. The OGC has also provided direction in relation to its modified operations, including new procedures related to core samples and drill cuttings, in its COVID-19 Response for Industry bulletin, which will be updated as operations continue to evolve in response to COVID-19.
Order 15/2020 modifies the TIER Regulation by extending the deadline to submit 2019 compliance reports and emissions reduction plan reports, and Order 16/2020 modifies the RFS Regulation by extending the deadline for fuel suppliers, approved contributors, and renewable fuel providers to submit 2019 compliance reports, both from March 31, 2020, to June 30, 2020.
Order 17/2020 modifies the EPEA suspending all requirements to report information pursuant to provisions in approvals or registrations issued under EPEA. Similarly, reporting entities are no longer required to report information relating to provisions in licenses or approvals issued under the WA. Finally, all disposition requirements to submit returns or reports are suspended under the PLA. Drinking water facilities are not captured by these amendments however and must continue to follow all terms and conditions of the authorizations, including the required reporting.
Order 219/2020 modifies the CCA and the OSCA by suspending various reporting requirements, including annual reporting, exploration reporting and all plans within approval conditions, except conditions related to geotechnical reporting requirements. It also modifies the OGCA by suspending various reporting requirements. All initial suspension requirements for inactive wells that are not part of the Well Compliance Program and considered low and medium-risk type 6 are suspended, in addition to ongoing inspection requirements. For inactive wells in the Well Compliance program, the compliance deadline is suspended for the final program year.
The relaxation to requirements set out in Orders 15, 16, 17 and 219/2020 are in effect until August 14, 2020, or 60 days after the Order in Council 080/2020 is terminated (if done so before June 15, 2020), or when terminated by the Lieutenant Governor in Council, or by the Minister.
In addition, from March 31, 2020, to December 31, 2020, several AMD reporting requirements are relaxed including: reduced frequency of ambient continuous air monitoring station calibrations, station manifold and inlet cleaning; removal to report “calendar day” in AMD reporting forms; three-month extension for completion and submission of 2019 Annual Emissions Inventory Report; removal to immediately report exceedances of Ambient Air Quality Guidelines until August 31, 2020; and two-month extension for submission of airshed monthly air monitoring summary reports and ambient data.
The Government of Ontario has promised guidance relating to requirements for monitoring and reporting during the COVID-19 crisis, but thus far no guidance has been provided and all monitoring and reporting obligations under regulations and approvals remain in force. Operationally, anecdotal experience suggests that some Ministry of Environment, Conservation and Parks offices are showing flexibility from an enforcement perspective, but this appears to be largely an ad hoc approach in situations where compliance is not achievable.
The Ministry of Environment, Conservation and Parks has announced that it is temporarily exempting all Ontario Ministries from the requirement to post proposals for instruments on the Environmental Registry, ostensibly to allow the Government to respond quickly to time sensitive needs of the Government and various regulated entities.
As set out in previous Blakes bulletins, the Ontario courts have suspended various civil proceedings and the Government of Ontario has suspended limitation periods and various procedural time limits. The Ontario Environmental Review Tribunal has confirmed that all in-person Environmental Review Tribunal hearings will be postponed but it is where possible carrying on with interlocutory and procedural matters by teleconference.
The Quebec Ministry of the Environment and Fight against Climate Change (MELCC) has issued guidance on its website regarding compliance inspection activities during the COVID-19 state of emergency. The MELCC has indicated that it will need to adjust its delivery of compliance services to be consistent with the government position on COVID-19 that is focused on social distancing and take into account the challenges faced by businesses.
Under the MELCC guidance, businesses must do everything they can to avoid causing damage to the environment and they must continue to comply with legal obligations for situations that may have a direct impact on the health and safety of the population as well as on the quality of the environment.
Compliance inspections by the MELCC, other than those related to responding to environmental emergencies, responding to complaints and monitoring of drinking water, will be limited and performed in situations where there is a significant risk to the quality of the environment or the health and safety of the population.
The MELCC has also indicated that it will be tolerant with businesses whose ability to comply with environmental obligations are affected by the restrictions put in place as a result of the COVID-19 emergency measures, particularly in relation to compliance with administrative requirements, such as requirement to transmit reports. In the majority of non-compliance situations, enforcement measures will not be used. However, the MELCC reserves the right to do so if the situation requires action. Specifically, enforcement measures, such as notices of non-compliance and administrative monetary penalties, will be limited and adapted to the current COVID-19 situation. If situations of non-compliance cause significant risks to the environment or to the health and safety of the population, the government will assess the action to be taken, taking into account the emergency situation and the context specific to each case.
The MELCC has also announced that it will temporarily exempt companies who seek to convert their operations in order to participate in efforts to combat COVID-19 from obtaining environmental authorization that would normally be required to modify an activity—for example, an increase in production—or to add an activity—for example, the design of new products. The MELCC must be notified of the activity to undertaken and receive confirmation of the exemption from the Minister, which will be delivered with 48 hours.
The impact of COVID-19 is rapidly evolving and there are no clear answers or timeframe for the crisis to end. To help navigate the challenges, Blakes has consolidated resources on a range of topics relating to COIVD-19 and its business and legal implications.
About the Authors
Sabrina Spencer is an Associate at Blakes’ Vancouver offices. Sabrina’s practice focuses on environmental, indigenous and municipal law, and includes project development matters, real property matters, regulatory compliance, indigenous consultation and accommodation, and commercial transactions and agreements.
Dufferin Harper (Duff) is a Partner at Blakes’ Calgary offices. He practices in the areas of environmental law, commercial litigation and regulatory law. He routinely acts for clients on environmental due diligence and liability issues, especially as they pertain to brownfield redevelopment and transportation of dangerous goods.
Jonathan W. Kahn is a Partner at Blakes’ Toronto offices. He is widely regarded as one of Canada’s leading environmental lawyers. For more than 25 years, he has provided representation and advice on a broad range of environmental and natural resources law issues.
Charles Kazaz practices all aspects of environmental law at Blakes. He advises clients in the commercial, industrial, mining and waste-management sectors. Charles is based in both Montréal and Toronto and has extensive expertise in environmental aspects of corporate, commercial and property transactions, project development, regulatory compliance and liability issues.
Sydney McLauchlan is an articling student at Blakes. She obtained her J.D. from Queen’s University Belfast.
https://advancedwastesolutions.ca/wp-content/uploads/2020/04/Regulatory-Framework.jpg336410John Nicholsonhttps://advancedwastesolutions.ca/wp-content/uploads/2018/09/coollogo_com-184851434-300x23.pngJohn Nicholson2020-05-01 21:09:352020-05-01 21:09:35Environmental Regulatory Compliance in B.C., Alberta, Ontario and Quebec During COVID-19
According to a recent market research report prepared by Maximize Market Research, the global smart waste management market was valued at US$ 1.5 Billion in 2019 and is expected to reach approximately US$ 9.53 Billion by 2027, at compound annual growth rate of 26% during forecast period of 2020 to 2027.
The global smart waste management market is segmented into Waste Type, Solution, Service, Applications and Regions. Based on Waste Type Market is segmented into Industrial Waste and Residential Waste. Based on the solution, the smart waste management market is segmented into network management, analytics and reporting solutions, optimization solutions, asset management, asset management, fleet management, remote monitoring and others. On the basis of service, the global market is bifurcated into managed services and professional services. On the basis of application, the market is divided into food & retail, manufacturing & industrial, municipalities, construction, healthcare, and colleges & universities.
Not only for smart cities or urban areas but smart waste management needed in the rural areas of a country as well. As wastes create problem to the environment and can harm to the humans as well as animals on planet by spreading any kind of diseases and allergies. Wrong methods of waste disposal and landfills also cause environmental hazards and health issues, hence it has become need of the current and forecasted era to look out for so
me smart ways to dispose of the waste. If waste management has done in a good way, it may act as a renewable resource. The companies that offer smart solutions for waste collection primarily focus on three solutions intelligent monitoring, route optimization, and analytics.
The rising volume of waste is creating complexities in the logistics of waste collection and need to meet the several regulations by government and environmental authorities relating to waste processing, urges for the better waste management solutions, which can be made possible by the use of advanced technologies, such as IoT sensors, RFID, GPS, etc. Owing to the several reasons, the smart waste management market is at an emerging phase, and it is estimated to witness healthy growth of CAGR 26% during forecast period 2020-2027.
The report encompasses the market by different segments and region, providing an in-depth analysis of the overall industry ecosystem, useful for making an informed strategic decision by the key stakeholders in the industry. Importantly, the report delivers forecasts and share of the market, further giving an insight into the market dynamics, and future opportunities that might exist in the Global Smart Waste Management Market. The driving forces, as well as considerable restraints, have been explained in depth. In addition to this, competitive landscape describing the strategic growth of the competitors have been taken into consideration for enhancing market know-how of our clients and at the same time explain Global Smart Waste Management Market positioning of competitors.
The International Solid Waste Association (ISWA) is hosting a webinar on April 29th at 7 am EDT to discuss the impact that the COVID-19 pandemic is having on waste management.
About the Webinar
What impact does COVID-19 have on waste management worldwide? How can we keep waste management uninterrupted, safe, and focused on protecting public health?
The webinar speakers, from the ISWA Board and Scientific & Technical Committee, will discuss waste management in these unprecedented times during this 1 hour roundtable.
This webinar is intended for all working in the waste management sector who want to get expert insight into the latest information, best practices, and recommendations of waste management and COVID-19.
ISWA and COVID-19
Over the last few months almost every country worldwide has had to deal with a COVID-19 outbreak. The first wave of quarantines throughout the world will create serious social and political impacts, and have already required a quick response from the waste industry.
ISWA has gathered best practices from their national members and also created recommendation based on multiple expert collaborators within the ISWA network. Please take a look at https://www.iswa.org/iswa/covid-19/ for more information.
Wednesday, April 29th 2020 – 7:00 AM (EDT)
The ISWA is an independent and non-for-profit association working in the public interest to promote and develop sustainable waste management. ISWA has members in more than 60 countries.
The Motley Fool, a multimedia financial-services company, recently recommended two waste management companies for dividend-minded investors during this current tumultuous time.
Waste not, want not
One stock the Motley Fool is high on is Waste Connections Inc. (TSX:WCN)(NYSE:WCN). The Motley Fool basis its assessment on the company on its view that waste disposal services will remain relevant whether the economy is booming or coming to a grinding halt. No matter how bad things get, the waste business needs to continue its operations.
The Motley Fool stated that, in its opinion, Waste Connections remains a safe dividend stock because people need the company’s services in a time where most businesses are indefinitely closed. Waste Connections will likely see a decline in its revenue since its industrial and commercial clients are not running their businesses. Still, its residential clients will require waste management.
The company reported $1.54 billion in operating cash flow for fiscal 2019. It used the excess cash for $400 million in acquisitions in 2019. It has planned $500 million in acquisitions planned for 2020. While the recession might slow down its growth, the stock is likely to earn a substantial revenue.
As of mid-day April 22nd, Waste Connections stock was trading for $120.77 per share on the TSX, up 14.7 percent from its price a month earlier. The Motley Fool’s assessment is that it does not offer you a juicy amount in terms of dividends, but it has a reliable 0.91% dividend yield. It also has a respectable dividend growth streak of nine years.
The Motley Fool also considers Waste Management (NYSE: WM) a safe buy at during the current COVID-19 pandemic. The company provides essential services in waste management and recycling. In the view of Motley Fool, Waste Management is recession-proof because it will continue to see strong demand for its services throughout the business cycle. And if it’s one thing that investors can expect from the stock, it’s consistency; during the past six quarters, only once has quarterly revenue fallen below $3.8 billion. Its profit margin is also normally above 10%, falling below that threshold only twice in the past 10 quarters.
Currently, shares of Waste Management are trading at around 23 times earnings and 19 times future earnings. The stock also pays a quarterly dividend of $0.545 that, as of recently, yields 2.4% annually. Waste Management announced its plans to increase the dividend in December; it’s the seventeenth straight year that the company has done so. The company’s President and CEO Jim Fish called dividend payments Waste Management’s “top priority for capital allocation after we invest in the business to drive long-term profitable growth.”
In summary, the Motley Fool considers the stock to be near its low, offering a good and reliable payout, Waste Management is a solid pick up today for long-term investors.
It is the assessment of the Motley Fool that there is no telling how long it will take for the pandemic to diminish and the economies of recovery. In uncertain times, a bit of stability and reliability counts for a lot.
Waste Connections might not have a terrific dividend yield, but it is a stock that offers reliability and an excellent dividend growth streak.
Waste Management can help you earn reliable passive income and protect your capital during the recession.
https://advancedwastesolutions.ca/wp-content/uploads/2020/04/stockticker.jpg169300John Nicholsonhttps://advancedwastesolutions.ca/wp-content/uploads/2018/09/coollogo_com-184851434-300x23.pngJohn Nicholson2020-04-23 01:39:552020-04-23 01:39:55Investment Firm High on Specific Waste Industry Company Stocks during COVID-19 Pandemic
The Canadian Association of Recycling Industries (CARI) recently prepared a guidance document entitled COVID-19 General Safety Checklist for Recycling Operations. The guidance document was prepared to assist CARI members in ensuring they have taken all possible safety precautions to prevent the spread of COVID-19.
Besides the guidance document, CARI also prepared a summary of companies permitted to operate in Ontario and Quebec under the current government restrictions as can be found below.
Who can currently operate in Ontario?
ESSENTIAL SERVICES CATEGORIZATION – ONTARIO
Most Ontario recycling operations are captured under one or more of these essential services categories:
SUPPLY CHAINS: Businesses that supply other essential businesses or essential services with the support, supplies, systems or services, including processing, packaging, distribution, delivery and maintenance necessary to operate
MANUFACTURING AND PRODUCTION
Businesses that extract, manufacture, process and distribute goods, products, equipment and materials, including businesses that manufacture inputs to other manufacturers
Businesses, facilities and services that support and facilitate the two-way movement of essential goods within integrated North America and Global supply chains
AGRICULTURE AND FOOD PRODUCTION: Businesses (including any-for-profit, non-profit or other entity) that help to ensure safe and effective waste management including deadstock, rendering, nutrient management, bio hazardous materials, green waste, packaging recycling
UTILITIES AND COMMUNITY SERVICES: Utilities and businesses that support the provision of utilities and community services, including by providing products, materials and services needed for the delivery of utilities and community services including waste collection
Who can currently operate in Quebec?
ESSENTIAL SERVICES CATEGORIZATION – QUEBEC
Essential service definition: “All businesses that produce inputs or raw materials necessary for priority services and activities must maintain their activities accordingly, bearing in mind the directives from public health authorities. Businesses that provide non-essential services, excluding stores, can maintain minimal operations to ensure the resumption of their activities, bearing in mind the directives issued by public health authorities.”
Recycling operations that fall under these categories may maintain basic operations onsite:
1. GOVERNMENT SERVICES AND OTHER PRIORITY ACTIVITIES / SERVICES GOUVERNEMENTAUX ET AUTRES ACTIVITES PRIORITAIRES: Garbage collection and residual materials management / Collecte des déchets et gestion des matières résiduelles
2. PRIORITY MANUFACTURING ACTIVITIES / ACTIVITES MANUFACTURIERES PRIORITAIRES: The production of inputs necessary for priority sectors / Production des intrants nécessaires aux secteurs prioritaires
Companies with environmental compliance obligations should think carefully about and plan ahead for how the coronavirus outbreak might affect their ability to comply. Depending on the severity of the outbreak, companies may run out of the supplies they need to operate pollution controls, or their environmental compliance departments might become short-staffed, which could result in missed monitoring, recordkeeping, or reporting. Here are six things to keep in mind.
Enforcement discretion. Think about developing a strong argument for why federal and state environmental enforcement agencies should exercise their enforcement discretion not to pursue noncompliance caused by an emergency. The EPA has a long-standing policy that allows for “no action” assurances to be issued to excuse noncompliance during emergencies. The prerequisites for an assurance are stringent, and a requestor must demonstrate that the public interest in excusing noncompliance outweighs the public impacts from the noncompliance. These assurances may only be issued by the Assistant Administrator for the EPA’s Office of Enforcement and Compliance Assurance, so the work of obtaining them must be conducted at EPA Headquarters.
Malfunctions and upset defenses. Think about how malfunction and upset provisions in federal and state regulations and many permits can provide protection against enforcement, but only if the company complies with the prerequisites for these provisions. Each state (and some federal regulations) has different malfunction and upset rules, so it will be important to meet the stringent conditions of these rules before noncompliance will be excused.
Force majeure. Think about whether the company is subject to federal or state settlements that might have a force majeure clause that could excuse noncompliance. Most federal judicial consent decrees have force majeure clauses that could excuse noncompliance, but require that companies use “best efforts” to avoid noncompliance. Companies should carefully review their settlements to see how to comply with their force majeure provisions. And some states have “act of God” statutes under which the inevitable consequences of such events (which may include “other catastrophes”) are deemed to not constitute violations at all.
Impact of staffing challenges. Think about how staffing challenges might affect the company’s ability to comply. With companies beginning to shut down operations, it is possible that environmental compliance staff might not be able to work, and the company might miss monitoring, recordkeeping, and reporting obligations. A company will want to very clearly justify decisions to excuse environmental compliance staff from work, especially if a “no action” assurance is sought or a malfunction/upset/force majeure claim is made.
Don’t forget your supply contracts. Think about the terms and conditions of supply contracts that are critical for environmental compliance and consider taking steps now to make sure suppliers comply with their contracts. If they cannot, think about whether a supply failure could qualify as a malfunction, upset, or force majeure event.
After the storm has passed. Think ahead to when the crisis has passed, and governmental and non-governmental organizations evaluate whether the emergency justified any noncompliance.
About the Authors
Patrick Traylor is a partner in Vinson & Elkin’s Environment and Natural Resources practice and was most recently the Deputy Assistant Administrator for the EPA’s Office of Enforcement and Compliance Assurance in Washington, D.C., where he helped oversee the EPA’s enforcement response during natural disasters.
Conrad Bolston is a senior associate in Vinson & Elkin’s Environment and Natural Resources practice. He has assisted clients with a variety of federal and state environmental enforcement matters, environmental due diligence efforts, regulatory guidance, internal investigations, and litigation.
Misty M. Howell is an associate in Vinson & Elkin’s Environment and Natural Resources practice. She has assisted clients with a variety of federal environmental enforcement matters, due diligence efforts, government investigations, and litigation.
https://advancedwastesolutions.ca/wp-content/uploads/2020/03/Environment-Industry.png198203hazzmatt1https://advancedwastesolutions.ca/wp-content/uploads/2018/09/coollogo_com-184851434-300x23.pnghazzmatt12020-03-26 03:04:392020-03-26 10:45:55Six Things To Consider Before The Coronavirus Impacts Environmental Compliance
According to an article in CrunchBase, there has been a record investment in cleantech start-ups focused on waste packaging reduction.
According to CrunchBase data, there are at least seven companies over the past three years that have raised over $20 million (U.S.) in capital that are in that are focused on sustainable packaging.
The eco-packaging start-up that has raised the most capital, Zume, originally started out as robot-enabled pizza prep and delivery business before pivoting to sustainable packaging after acquiring a company called Pivot Package. The company is focused on reducing the amount of food that is wasted by attempting to balance the supply and demand for food. Zume uses real-time food consumption data and predictive analytics to help food companies better predict demand, connect it with production and drive better resource decisions down the food supply chain.
One of the seven start-ups noted in the database is Ontario-based GreenMantra Technologies, a company that produces value-added synthetic waxes, polymer additives, and other chemicals from recycled plastic. GreenMantra claims that it is the first company in the world to up-cycle post-consumer and post-industrial recycled plastics into synthetic polymers and additives that meet specific performance requirements for industrial applications.