Here is an excellent update on this issue from my colleague MLA Rob Fleming,
June 30th, 2015
Earlier
this year, my colleague Lana Popham (MLA Saanich South) and I organized a
well-attended public forum on home heating oil spills. Recent media reports
confirm that this is a huge problem for greater Victoria homeowners. In many
cases, the risk is posed by the unknown presence of backyard underground home
heating oil tanks that were improperly decommissioned.
Victoria
still has a large number of homes heated by oil - natural gas service was only
introduced to the island in 1992. The number of home heating oil leaks is
likely increasing as the tanks (both buried and above-ground) age.
Clean-up
costs for homeowners can be massive, in several cases they have exceeded $100,000.
I have constituents who suffered through exhausting and expensive legal
proceedings for remediation and recovery of costs.
Two recent
studies, one by the UVic Environmental Law Centre (ELC) and another prepared by the Partnership for Water
Sustainability in B.C., concluded that the two major policy and legal gaps for dealing with
home heating oil spills are liability and prevention.
Most homeowners
have insurance policies with “pollution exclusion” clauses that won’t cover
them in the event of a spill on their property. And most parts of the Capital
Region don’t have an effective inventory system to track residential properties
with oil heating systems or locate underground storage tanks (UST’s).
So how can we help protect homeowners from this unknown
liability risk? One idea would be to replace B.C.’s “no fault” system, where
homeowners are automatically held 100% responsible for costs, with something
similar to Washington State’s pollution fund (based on a small surcharge of
fuel unit) that homeowners can apply to for relief.
Recently it was brought to my attention that B.C. already has legal authority to
regulate and implement a Land Remediation Fund for residential property
contaminations (see Bill 13 Environmental Management Amendment
Act, passed in
2004, but still awaiting regulation 11 years later). Access to a Land
Remediation Fund would protect homeowners
from financial ruin and further the goal of addressing spill events and
remediation of a contaminated property quickly to protect human health and the
environment.
I recently spoke at an educational event organized by the
Victoria Real Estate Board on the topic of home heating oil and presented an
overview of how B.C.’s laws could be reformed to reduce homeowner liability and
prevent residential home heating oil spills. A copy of my presentation is
attached for your information.
I have also
spoken with the Hon. Mary Polak, Minister of the Environment regarding Bill 13
and the Pringle report, which recommended the CRD create a regional
preventative program to incent the removal of UST’s. It is my hope that the
province plays a lead role in coordinating action on this problem. MLA Popham
and I will be following up with the Ministry in the next few months to see what
progress has been made to protect homeowners and the precious waterways and
natural environment in Saanich and Victoria.
As
always, I look forward to hearing from you on this issue and other issues that
are important to you.
Rob
Rob Fleming, MLA Victoria –
Swan Lake | 1020 Hillside Ave. Victoria BC V8T 2A3 | 250-360-2023
