Definition

A petroleum product spill or leak is considered a release of a contaminant under the Environment Act.

When a release of petroleum occurs there is the potential for contamination of soil and groundwater which may affect private wells, drinking water supplies, or adjacent properties. Releases may also result in the presence of petroleum vapors at concentrations that may affect the health of some individuals. If a homeowner or occupant has concerns regarding health effects due to exposure, they should consult their family physician or the local Medical Officer of Health.

A simple furnace oil cleanup can mean replacing the leaking tank and supply lines and removing contaminated soil to a treatment facility. A complex project may mean replacing the house foundation and treating groundwater. Costs can range from several thousand dollars to several hundred thousand dollars.

The person responsible for a fuel oil spill may include an individual such as the homeowner or occupant, or a company, such as the fuel supplier. The person responsible for the spill, is accountable for the costs associated with any emergency action, site assessment and/or remediation deemed necessary.

Homeowner/Occupant Responsibilities

Once a spill has occurred the homeowner or occupant responsibilities include, but are not limited to, the following actions:

• Contain the spill, if possible, to the best of your ability. This may include construction of a small berm, placement of absorbent material (such as cat litter) and/or contacting the fuel company to have residual fuel in the tank removed.
• For initial emergency action, the person responsible may choose to hire a contractor to contain the release.
• Contact the local municipal works department if the spill has entered a municipal sewer through a floor drain.
• Under the Environment Act and the Emergency Spill Regulations, you are required to report a spill of furnace oil which is equal to or exceeds 22 imperial gallons (100 liters). Also, you are required to report spills involving less than this quantity if they may potentially cause an adverse effect.
• Adverse effect is often difficult to determine. There are four primary questions used to determine potential for adverse effect. Will the spill threaten drinking water supplies? Are there any streams or lakes nearby? Are there any vapors within the building? Has the spill impacted neighboring properties? If you answer yes to any of these questions, you have the potential for adverse effect and should notify the department of the spill.
• If you are unable to determine if there is the potential for adverse effect, then you should err on the side of caution and contact Nova Scotia Environment and Labour.
• Contact the local office of Nova Scotia Environment and Labour when required to report a spill. If the spill has occurred between the hours of 4:30 pm and 8:30 am, on a weekend or holiday, call 1-800-565-1633. You are required to notify the department of a reportable spill as soon as you become aware of the release.
• Contact your insurance company. Where the property is insured, the insurance company may cover all or a portion of the cleanup costs. If you are a homeowner with insufficient insurance coverage and are the person responsible for the spill, you are liable for the cleanup costs.
• In cases where the spill is reportable, the person responsible shall hire a Certified Cleanup Contractor or Site Professional to assess the site and manage the cleanup. Contact the local office of Nova Scotia Environment and Labour for information on locating a Certified Cleanup Contractor or Site Professional.

Nova Scotia Environment and Labour Responsibilities

Although, the department does not conduct the actual cleanup of the property, we are responsible to ensure the work has been performed in accordance with departmental requirements. The department has the authority to direct a person responsible, to contain or clean up the affected area to current remediation standards.

If the spill is reportable and the person responsible has not acquired the services of a Certified Cleanup Contractor or Site Professional, the department will require the person to do so.

Where emergency action is required, the responsible person may be ordered to complete the cleanup within a specified time frame.

Certified Cleanup Contractor/Site Professional Responsibilities

In cases, where the environmental impact does not extend under a building, impact another property (other property owners include private individuals, corporations or governments), or impact a potable water supply, the person responsible may use the services of a Certified Cleanup Contractor, who will:

• simply excavate the contaminated soil.
• dispose of the material at an approved facility.
• submit a completed remediation form within 10 working days to the department containing a summary of the estimated volume of the spill, quantity of material removed and disposal location.

In all other cases, the person responsible will require the services of a Site Professional. Once a Site Professional has evaluated the condition of the property, a report must be submitted to Nova Scotia Environment and Labour detailing the extent of contamination and the proposed method of remediation for the property. The department will review this report and determine if the remedial action satisfies departmental requirements.

A record of the incident will be maintained with the department.