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BAMRBISTURS & SBOLLILTORS

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VANCOUVER, GANADA VIK Itra

June 21, 1994

TRANSMITTED TO FAX NO. 527-4564

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Mr. Patrick A. Connolly, P.Eng.
City Engineer '

City Hall

New Westminster, B.C.

V3L 1H9

Dear Pat:

Re: Bill 26/Amendment of the Waste Management Act
Our File No. 2605

The Regulations to Bill 26 are expected to be considered
by Cabinet at the end of August 1994. It is anticipated that Bill
26 will come into full force and effect January 1, 1995. While it
is difficult to disagree with the philosophy behind Bill 26, many
serious areas of concern te the City and all local government have
yet to be addressed. The implications of some of these concerns
are monumental. We have below set out nine areas of concern to the

City.

First, there are serious implications’ to the City as a
past property owner. The legislation is retroactive in effect.
If, at any time in the past, the City owned property and introduced
a contaminant to the property (even if it was lawful at the time)
the City is deemed to be a responsible person. Also, iff, at any
time, the City purchased property and failed to make reasonable
inquiries as to the site and despite the fact that it did not
contribute to the contamination, the City will be considered a
responsible person.

Under Bill 26 any responsible person may be ordered to
clean up the entire site. In other words, the principle of joint
and several liability applies to an order to remediate a
contaminated site. Given that property owners come and go, the
City has a continuity of existence and a relatively long history
and the City is a "deep pocket", there is a good chance that he
City will face the prospect of having to clean up many sites in the
City.

Second, and despite the wording of Bill 26, there is a
potential liability involved in the "assessment" of the site
profiles, as the Bill does not specifically protect the City in the