Brownfields Statute Law Amendment Act (November 2001) PDF

Context Brownfields Statute Law Amendment Act (November 2001) Goal was to encourage the revitalization of brownfields while ensuring environmental protection Amendments made to the Environmental Protection Act (EPA) as well as other statutes incl...

Context Brownfields Statute Law Amendment Act (November 2001) Goal was to encourage the revitalization of brownfields while ensuring environmental protection Amendments made to the Environmental Protection Act (EPA) as well as other statutes including the Municipal Act and the Planning Act to facilitate brownfield revitalization Ontario Ministry of the Environment and Climate Change is the lead provincial agency (MOECC) ESA process has evolved to become very prescriptive in law Brownfield - soil contamination due to construction materials like asbestos.  Context (Con’t.) Professional Geoscientists Act received Royal Assent on June 23, 2000 and established the APGO (Association Of Professional Geoscientists Ontario) APGO governs the practice of professional geoscience in Ontario. The Act defines a Professional Geoscientist (P. Geo.) as one who performs any activity that requires the knowledge, understanding and application of the principles of geoscience, and that concerns the safeguarding of the welfare of the public, life, health or property, including the natural environment, and who meets APGO membership requirements. Professional Engineer (P. Eng.) and P. Geo. designations recognized by MOECC as Qualified Persons for ESA work  Key Legislation Environmental Protection Act (EPA) General liability posed by the prohibition of “Adverse Effects”to the soil, water or air Specific obligations under Section 168 of the EPA (Records of Site Condition) – ESA in relation to change of land use Subordinate Regulation – Ontario Regulation 153/04 of the EPA (Records of Site Condition) ESA ≠ EA (EA work governed by the Environmental Assessment Act not the EPA)  Key Legislation (Con’t). A Record of Site Condition (RSC) is required to allow certain changes in land use (7 uses defined) and to support issuance of building permits from municipalities RSC signed by the landowner and Qualified Person EPA and O.Reg. 153/04 define the ESA process (i.e. study phases) required to file a Record of Site Condition (RSC) with the MOECC RSCs used in conjunction with property transactions, financing, insurance  What is a RSC? It is a report documenting the results of one or more ESAs of a property conducted or supervised by a QP. The ESA will either confirm that there is no evidence of contaminants at the property that would interfere with any future use of the property or that contaminants at the property do not exceed the 2011 MOECC standards. The standards are set for the intended use (residential, commercial, etc.) of the property and on certain physical characteristics of the property. An RSC can also be filed on the basis of an RA (Risk Assessment). RA required if you found out in Phase 2 ESA that the contaminate levels exceed what is permitted in the regulation tables.  ESA Process Commences with a Phase 1 ESA Report (background research) collect all information from the city, neighborhood; history of the land Typically followed by a Phase 2 ESA (sampling, testing, detailed site characterization) samples depend on the size (i.e. 3 tests every 50 sqm) If necessary, a remedial clean-up phase or a Risk Assessment (RA) Goal is to address MOECC 2011 Site Condition Standards for Soil, Groundwater & Sediment RSC filed with the MOECC on their Environmental Registry  Schematic depiction of the ESA Process in Ontario RA process can take years  Phase 1 ESA Requirements spelled out in O.Reg. 153/04 of the Environmental Protection Act A Phase I ESA is conducted “to determine the likelihood that one or more contaminants have affected all or part of the property” Requires a “Records Review” for a 250 m radius around the Phase 1 site Records include land title (ownership), fire insurance plans, PCB information, spills records aerial photos, site operating records, geological/hydrogeological info  Phase 1 ESA Also requires a site visit and interviews with knowledgeable people Past & present areas of concern are identified – fuel storage tanks, spill locations, waste disposal areas, etc.past history, usage Result: A detailed document summarizing past and present uses with potentially contaminating activities (PCAs) identified potentially contaminating activities PCAs 59 potentially contaminating activities are identified in O. Reg 153/04  PHASE 2 – ESA A Phase II ESA is conducted “to determine the location and concentration of one or more contaminants in the natural environment” Qualified Person must develop a sampling and analysis plan to address findings of the Phase 1 ESA “PCAs”  PHASE 2 – ESA 1) Soil and groundwater sampling (e.g. drilling boreholes and installing monitoring wells) 2) Laboratory analysis 3) Data review & mapping 4) Comparison with MOE 2011 Site Condition Standards or for use in Risk Assessment  Clean-up and Remediation Two approaches for cleaning up contaminated properties are provided for in Part XV.1 of the EPA and Ontario Regulation 153/04. Either of these approaches may be used when a decision has been made to file an RSC. The two approaches consist of: 1. April 2011 site condition standards (background standards and effects-based standards) for soil, groundwater and sediment; or, 2. Preparation of a risk assessment. New method - cleaning on site  Example - MOECC Apr 2011 Site Condition Standards for use under Part 15 of the EPA Target Potable & chemicals: Non-Potable GW VOCs Conditions Metals Pesticides PCBs Risk based Hydrocarbons standards (TPH & PAH) derived from USEPA & other toxicological data  Remediation (Con.’t) “Conventional” approaches – dig and haul; pump and treat Newer technologies – bioremediation, chemical injection etc. keeping the soil on-site Risk Assessment – develop site specific “custom” clean- up standards that are different from MOECC Generic Standards (Table 2, 3) Filing of a Record of Site Condition (RSC) if required by O.Reg. 153/04