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Abstract Title: Spill Response & The Test of Due Diligence

Learn about the process of developing due diligence for spill prevention and response, assessing incidents, and applying the test of due diligence. Explore techniques for prevention planning, training, equipment, and environmental assessments. Understand how to make a legally defensible claim that reasonable measures were taken to prevent incidents and minimize environmental impact.

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Abstract Title: Spill Response & The Test of Due Diligence

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  1. Abstract Title:Spill Response & The Test of Due Diligence Presenter: Ray Hollenberg, B.Sc., R.P.Bio. Principal/Owner NorthWest Response Ltd. www.northwestresponse.ca

  2. What You Should Learn: • How Due Diligence is Defined: Prevention and Response • The Process Used to Develop Due Diligence • Applying the “Test” of Due Diligence

  3. Definition (part 1): Due Diligence is a legal defense that you took reasonable measure to prevent a spill incident from occurring.

  4. Definition (part 2): Due Diligence is a legal defense that you took reasonable measure to minimize the impact of a spill on the environment.

  5. Assessing an Incident: • Spill Assessment • Cause of Spill • (Show: reasonable preventative measures) • Environmental Assessment • Impact of Spill

  6. Cause of Spill • Accident? Of Course!! • “Test” Due Diligence: • Risk Assessment & SOPs • Prevention Plan & ERP • Training & Spill Equipment • Facility & Equipment • Industry Standards • Acts & Regulations

  7. Where to Start (Prevention)?The process used to develop Due Diligence

  8. 1. Develop an EMS • Identify Environmental Aspects* • Operational activities that interact with the environment • Risk Rank • Determine significant environmental aspects • Develop Control Measures • Prevention Planning, Procedures, Checklists • Training & Equipment Needs • Monitor Success • Internal Audits and Assessments *ISO 14001 EMS Terminology

  9. 2. Assess Applicable Legislation & Codes • Acts & Regulations • Permits, Approvals, Authorizations • Codes of Practice • Industrial Standards • BMPs • Criteria & Guidelines

  10. Re-Assessing the Incident: • Spill Assessment • Cause of Spill • Environmental Assessment • Impact of Spill • (Show: reasonable measures to minimize impact)

  11. Impact of Spill • Assess the Response! • “Test” Due Diligence: • Impact Assessment of Receiving Environment • Timely & Effective Response • Organized Response

  12. Where to Start (Response)?The process used to develop Due Diligence

  13. 1. Pre-Planning • Spill Assessment • List all products • Means of Containment & Volumes • Safety Assessment • Response Strategy & Control Points • Response Equipment, PPE & Training • Environmental Assessment • Wildlife Corridors • Stream Classification • Monitoring & Observation Points

  14. 2. Geographic Response Plan • Focus on Sensitive Areas: • Fish, Wildlife, Birds & SAR • Cultural Sensitive Areas • Pre-established Priorities • Implement Response Strategy: • Activate ICS • Support & Response Organizations • Implement Control/ Counter Measures

  15. PREVENTION • Risk Assessment & SOPs • Prevention Plan & ERP • Training & Spill Equipment • Facility & Tanks • Industry Standards • Acts & Regulations • RESPONSE • Impact Assessment of Receiving Environment • Timely & Effective Response • Organized Response Apply the Test of Due Diligence

  16. Summary • Can you make a legal defense that you took reasonable measures to prevent the incident? • Can you make a legal defense that you took reasonable measures to minimize the impact on the environment?

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