Sunday, May 2, 1999 — North Shore News - 19 Polluters facing tougher clean-up laws This column is written with — 300,221 West Esplanade, 988- 5201. The column provides information only and is not to be relied on for legal advice. agreements, leases and other with land in B.C., particularly industrial or commercial land, the assistance of the North should understand his or her Vancouver law firm of potential liability. Rascliff > Company, Suite ness or own property that houses a metal finishing busi- contracts involving land. ness, Wholesale bulk storage In theory, the polluter of electrical equipment, or pays. But everyone dealing road salt storage facilities, you'll need to complete a site profile form available from your local municipality or B.C. Environment Office. Tden of ee Mother's day Specials -DEN May Weekly Specials IT’S the stuff that TV movies are made of. Blobs of black slime bub- bling up through the drain at night. An innocent family build- ing their home on top of an The maximum penalties for violations are stiff. A seller who doesn’t give a buyer a site profile when required faces a penalty of up to $200,000. To reduce the risks involved, make sure that proper warranties are includ- ed in all purchase and sale Luxury Body Polish Tranquility Spa Bath w/ Massage Manicure & Pedigdr Manicure, Pedicure & Includes juice’ aciaf muffins Includes Spa Lunch OF $175 (value of $100) (value of $215) LOCATED AT FITNESS WORLD IN THE INTERNATIONAL PLAZA 983-8103 ist-8th 17th-22n -22nd Manicure/Pedicure - $50 NEW Dermalogic ann 20% off nail polish power facial 10th-15th 24th-31st Body Scrub & relaxing earnest 3 ilad massage $5O/I hr LOCATED AT FITNESS WORLD IN THE INTERNATIONAL PLAZA 983-8103 (inkcudes exfoliation & massage) old chemical dump. Asbestos insulation lurking unknown behind the walls of your baby’s bedroom. It’s also the focus of B.C.’s rough environmental law — the Waste Management Amendment Act, 1993, introduced on April 1, 1997 — that cracks down harshly on polluters. But even if you had little to do with the contamination, you might still have to pay for cleaning it up. Sellers, buyers, landlords, tenants, lenders, property managers and others dealing with industrial or commercial property are all now affected. And while the legislation targets industrial and com- mercial pollution, home and farm owners must watch out too. The thrust of the new law is that everyone responsible for land that’s identified as contaminated is “absolutely, retroactively and jointly and severally liable” for the cost .of cleaning it up. If five peo- ple contributed to the conta- mination, each is responsible. If you own land polluted bya previous owncr, you'll both be on the hook. But, ulti- mately, the person who can cough up the money will be the person who ends up pay- ing. Who is a “responsible per- son”? Past and present own- ers, tenants, anyone. who does business on the site, somconc who produced and disposed of or handled the contami- nant, and anyone who trans- ported or arranged for the transportation of the sub- stance that caused the conta- mination. ‘ ; The definition of “respon- and the will to keep moving ahead. sible person” also extends to directors, officers and employees. If you’re an employee or director of a company that owns a conta- minated site, and had a per- sonal role in permitting or allowing the contamination, you’re liable to pay. But there are exceptions. If you’re an innocent pur- chaser, you won’t be respon- sible if you can show that you took all reasonable steps to ensure the property wasn’t contaminated when you Royal & Sun Alliance Insurance Company of Canada and Royal & Sun Alliance Life Insurance Company of Canada bought it. are part of the worldwide Royal & Sun Alliance Insurance Group pic. www.royalsunalliance.ca 1-888-877-1710 To help you determine if noxious substances abound, a new Contaminated Site Registry has been created. Here, you can search for rele- vant information about the property. It’s expected that these searches will become part of the standard of “due dili- gence” required for all prop- erty transactions in B.C. You must also complete a “site profile” if land you own It’s about troubled waters and the compass that guides you. About the human spirit About the challenges of life and facing them together. SUNALLIANCE uM It's about getting on with Forward thinking since 1710 the business of living. 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