1E9Ct5D

Water PollutionWater quality testingWater well constructionDrinking water guidelinesWatercourse alterationBeach and coastline preservationWatershed protectionLand PollutionSolid waste disposalHazardous waste disposal (e.g.,used-oil, lead-acid batteries)Underground storage tanks (e.g.,petroleum tanks)The sections below will discuss in moredetail each province’s approach toenvironmental regulation, in particular as itrelates to contamination/contaminated sites,enforcement, director and officer liability,and environmental assessments/approvals.This chapter will conclude with a review ofother specific provincial legislation outsideof these areas.New BrunswickIn New Brunswick, environmental issues fallunder the authority of the Department of theEnvironment and Local Government. TheDepartment is responsible for theadministration of several statutes, with theClean Environment Act, Clean Water Actand Clean Air Act being central to theadministrative scheme.The Minister of the Department has theability to designate as a "contaminant"anything that causes harm to theenvironment, the health and safety of aperson or animal, or to property. Personsare prohibited from releasing anycontaminant into the environment unlessthey are acting under and in compliancewith authority or permission given under aprovincial statute.When contamination does occur, the personresponsible must take steps to minimize theharm done by emission of the contaminants.The person must also notify the Ministerimmediately with a report which includes,among other things, the nature of thecontamination and the remedial action takento minimize the pollution and futurereoccurrence.In situations where the Minister finds that aperson has violated or failed to comply witha provision of an act or regulation, an ordermay be issued directing compliance inaccordance with what the Minister considersnecessary. Where there is non-complianceor the Minister deems it necessary, remedialaction can be taken with the associatedcosts becoming the liability of those whofailed to comply with the order or whose actor omission caused the release of thecontaminant.The Minister may designate inspectors whocan enter upon the lands or premises wherethey reasonably believe a contaminant wasor will be produced and has been or will bereleased. The inspector can conduct thenecessary tests and take samples of anysubstance or material in an attempt tocollect evidence to show non-compliancewith an act or regulation. An owner orperson responsible for overseeing the areamust reasonably assist the inspector andmay not impede the inspection.Environmental Law 117