Class 2 - Lecture2 (2).pdf

Contaminated Sites Instructor: Dennis Klick Class 2 Agenda Topics to be covered Site Profiles Site Registry Underground Storage Tanks Site Profiles What is a site profile A Site Profile is a standardized form from the BC Ministry of Environment that is used to screen certain commercial & industrial...

Contaminated Sites Instructor: Dennis Klick Class 2 Agenda Topics to be covered Site Profiles Site Registry Underground Storage Tanks Site Profiles What is a site profile A Site Profile is a standardized form from the BC Ministry of Environment that is used to screen certain commercial & industrial properties for potential contamination resulting from current or historical land use activities The Site Profile is created from readily available information about a site, including a basic description & its past and present uses A Site profile is often required to be completed for a property when applying for a: Development permit Rezoning Subdivision Soil removal Demolition of a property Site Profile Triggers There are 4 steps to determine when you would be required to submit a site profile for a parcel: Establish if a specific type of application is being made or activity is being proposed (i.e. demo, zoning, subdivision, etc.) Decommissioning a site or property Taking over a property as a trustee, receiver or liquidator Selling property that has, or has had, a Schedule 2 activity on it “yes” to any of the above, then you may have to complete a site profile Definition: Decommissioning a Site According to BC MOE, “Decommission a site" means: The removal, destruction or treatment of soil, process equipment or buildings, including the removal of storage tanks, in a manner designed to stop or reduce a significant portion of the operations at a site or to significantly change the use of the site (source: BC MOE) Contaminated Sites Regulation – Schedule 2 Schedule 2 of the Contaminated Sites Regulation provides a comprehensive list of commercial & industrial purposes or activities which have the potential to cause contamination This Schedule is used to determine if a site profile form is required If a Schedule 2 land use has taken place on the property, even in the past, it should be included, as it is possible to have caused contamination from historical uses If no Schedule 2 uses have been identified on the property, a Site Profile may not required, unless required by the local government or by a Director of Waste Management Schedule 2 Activity Example Automobile salvage is an example of a CSR Schedule 2 activity Schedule 2 Activity Example A Foundry is an example of a CSR Schedule 2 activity Schedule 2 Activity Example Road Salt or Brine Storage is an example of a CSR Schedule 2 activity Interpreting Contaminated Sites Regulation Schedule 2 Schedule 2 lists 94 different purposes or activities which the ministry has determined to have the potential to cause contamination at a property. These purposes or activities are separated into nine categories (A through I) When referencing a Schedule 2 activity on a site profile form, you must indicate both the category (column I) and the purpose or activity number within that category (column II) When interpreting Schedule 2 uses, keep in mind that the activities are meant to represent commercial & industrial activities only Contaminated Sites Regulation Schedule 2 Site Profiles with identified Schedule 2 uses may be flagged by BC MOE for further investigation by the Director and may request a Stage I Preliminary Site Investigation (ESA Phase 1 Contaminated Sites: Class 3) The form is typically filled out by a site owner or a qualified consultant acting for the site owner. An incorrect Site Profile could end up costing thousands of dollars in unwarranted investigation costs, or legal liabilities for undeclared contamination. Example: A small tidy tank used for fueling equipment on a property is not considered fuel storage or fuel sales as it is temporary infrastructure and of limited quantity. There are a few Exemptions to a Site Profile…. Decide if any exemptions apply You are exempted from the duty to submit a site profile if any of the following applies: The Site Registry already contains a site profile that accurately reflects current knowledge of the parcel. Demolition permit application does not involve site decommissioning, or disturbance or excavation of soil beyond what is incidental to the demolition. The parcel is already under an official site investigation order from the BC Environmental Ministry. Development or permit application does not involve soil excavation. Summary Process for deciding if a site profile must be submitted Completing a Site Profile Site Profile Contact Identification “Name of Site Owner” means the person or organization (one or more) that owns the property. “Person Completing Site Profile” can be the same as the site owner or someone authorized by the owner to submit the site profile on his or her behalf. “Person to Contact Regarding the Site Profile” can be the site owner or the person completing the site profile. If it is not the owner, the “Person to Contact” is responsible for communicating the results of the site profile submission to the site owner Site Profile Site Identification For all sites the following must be provided: Legal & Civic Address The latitude and longitude using the 1983 North American Datum Site Profile Site Identification Accurate maps of appropriate scale that show the location and boundaries of the site Site Profile Site Identification For Urban sites: In general, most urban sites are legally surveyed, titled, and registered and will have PIDs (Parcel IDentifiers) Obtain PIDs from the local Land Titles office or BC OnLine’s Land Titles Office System All PIDs must be provided for each parcel contained within the site and so must each parcel’s legal description Site Profile Site Identification For Remote sites: If the site is untitled Crown land (no PID number), then the appropriate PINs (Parcel Identification Numbers) for each parcel, with the appropriate land description, should be supplied if available. Site Profile Commercial and Industrial Purposes or Activities Review the industrial and commercial purposes or activities list (Schedule 2 of the Contaminated Sites Regulation). Using your best knowledge, decide if one or more of the activities listed have occurred on your site either now or in the past. Enter the reference numbers of the activities (e.g., A1, E7) and the related written description (e.g., “adhesives manufacturing or wholesale bulk storage” or “road salt storage facilities”) in the space provided. If you can’t identify any listed activities, reread the section in this document titled “When do I need to complete a site profile?” Likely you are not required to submit one J What happens after a Site Profile submission Once a satisfactorily completed site profile has been received by a local government or approving officer, officials have 15 days to do the following: Local Government forwards site profiles to the BC MOE for review if there are concerns. Otherwise, the site profile is sent to the Site Registrar and the application approval process continues without delay. Once a Director receives the site profile from the local government or approving officer, he or she has 15 days to determine if a site investigation is required If the local government or approving officer receives notification from the Director that site investigation is required at the parcel, they must not approve any applications for the site until a release is obtained The Site Registry The Site Registry The registry contains information on sites that have been investigated and cleaned up in BC since 1988 (when the ministry began recording this activity. The registry provides information about sites in B.C. that could be at various stages of the contamination screening, investigation or cleanup process. All of the information is accessible to the public. The Site Registry is not a registry solely of contaminated sites. Some sites in the registry are contaminated, but most are simply being investigated and require little, if any, cleanup or they have already been cleaned up to government standards. Goals of the Site Registry The Site Registry was created to provide information that stakeholder can use to: Minimize legal and site cleanup costs Minimize liability associated with sites Enhance business certainty by being able to predict costs quickly and easily Ensure adequate protection of human health, the environment, property, and utilities What information does the online registry provide General information on a site’s location, overall cleanup status, and current site profile information on people and organizations involved in a site and their roles Documents and information on the existence of reports concerning a site Information on the land use related to a site (i.e. commercial, industrial, residential, etc.) Notations – information on legal events, such as issuance of: – Pollution abatement – Pollution prevention – Remediation orders – Certificates of Compliance Site Registry Support Due Diligence The Site Registry is a valuable resource for anyone who wishes to obtain, before the sale or development of a site, due diligence information about the land. The registry provides information about: formal determinations as to whether a property is contaminated environmental screening information from site profiles site investigation reports site cleanup plans Certificates of Compliance with provincial site cleanup requirements It also provides information that can be used to identify and assess the potential for migration of contaminants onto neighbouring sites. What happens if Due Diligence is ignored? Purchasers with an interest in land that may be contaminated face potentially serious problems if they have not conducted adequate due diligence searches. On taking ownership of a site, land owners could be affected by several types of liability and required to pay compensation because: they are responsible for cleaning up the site even if they did not contaminate it (remediation liability) contaminants that migrated from their site to a neighbouring site caused, or could cause, damages (nuisance liability); they allowed the migration of contaminants onto neighbouring land (trespass liability); and they neglected to contain contaminants on their site (negligence liability). Ways BC MOE discovers a site that is / might be contaminated There are several ways that potentially contaminated sites can come to the attention of the BC MOE: A spill has occurred or a complaint of possible contamination is received A development application for land rezoning, demolition, soil relocation, is received by a local government agency Certain specific industrial or commercial land uses are known to have occurred on the site Information is received about an independent cleanup taking place When a property-related decommissioning or bankruptcy occurs Helpful Databases for Site Profile To find more information about specific sites in B.C, there are other online databases including: Federal Contaminated Site Inventory https://www.tbs-sct.gc.ca/fcsi-rscf/default.aspx Environmental Violations Database https://a100.gov.bc.ca/pub/ocers/searchApproved.do?submitType=menu Underground Storage Tanks Underground Storage Tanks (USTs) Residential heating oil storage tanks have been installed and used in Canada for over 60 years. Furnace oil was primarily stored in Underground Storage Tanks (USTs) because aboveground tanks were not permitted. These USTs were typically small (1,125–1,350L), located in residence back-yards, and in close proximity to the furnace. The estimated life-expectancy of USTs is about 20 to 25 years as they are susceptible to damage from corrosion. Underground Storage Tanks (USTs) If damaged, furnace oil can be released into the ground causing contamination and potentially spreading via groundwater and vapours. Many of these storage tanks are now abandoned or unused, as alternative heating sources – such as natural gas, propane, and electricity – have become available. Although the Ministry of Environment does not specifically regulate residential heating oil storage tanks, all property owners in B.C. are legally responsible for complying with the provincial Environmental Management Act. Underground Oil Tank Removal Process Property owners should always hire an experienced and qualified contractor in oil tank removal. If an underground oil tank is found and has to be removed, then, upon obtaining a tank removal permit from the applicable municipal fire authority. The remaining oil has to be pumped out and taken to an approved recycling/disposal facility The soil must be assessed for contamination. If contamination is present, soil and groundwater must be properly remediated, which may include complete removal Underground Oil Tank Removal Process The property owner must obtain a report that outlines: detailing the removal process what was pumped out of the UST photos from the tank removal company a receipt from the facility where the UST was taken the amount of soil brought in The report should confirm that the UST was removed in accordance with all applicable statutes, bylaws and the BC Fire Code. In the event of contamination, that the soil and groundwater have been remediated in accordance with the standards prescribed in the EMA, then further testing is not necessary. How to Tell if There Is an Underground Oil Tank Check with the Fire Department or municipality for information on applicable permits or reports. They should have a permit on file indicating when it was removed and who inspected it. If a permit is not on file then it means the homeowner did not hire a tank removal contractor or they didn’t hire a contractor that did their due diligence On site, Utility locating tools can be used to locate USTs Check for vent piping around the home. Most USTs were installed between 4 and 10 feet from the house How to Tell if There Is an Underground Oil Tank How to Tell if There Is an Underground Oil Tank Limited Subsurface Investigation A Limited Subsurface Investigation is a method used for testing the soil around the former tank and piping to see if there was any contamination. Contaminated soil can be dated so there is a chance you can point to a previous owner even if you didn’t operate a tank on the property. Limited Subsurface Investigation Steps: 1. Installing up to five soil borings using a sub-soil sampler to depths of approximately 15 feet or until refusal is met in the vicinity of the former UST. 2. The soil samples will be inspected in the field for staining, odors, or other physical evidence of contamination. 3. The samples will be field screened for Total Organic Vapors (TOV’s) using an organic vapor meter (OVM) 4. One soil sample will be selected from the soil borings and sent to a Certified Laboratory for analysis Limited Subsurface Investigation