Land Remediation Section – Environmental Management Branch Update on Contaminated Sites Changing...
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Transcript of Land Remediation Section – Environmental Management Branch Update on Contaminated Sites Changing...
Land Remediation Section – Environmental Management Branch
Update on Contaminated SitesChanging Legislation
John E.H. WardLand Remediation SectionMinistry of Environment
February 25, 2011
Land Remediation Section – Environmental Management Branch
Key offsite migration topics
Ministry offsite migration initiatives
Current definitions Development of legal provisions 2002 regulatory amendments Current protocols Current procedure documents 2006 offsite migration review 2011 legislative amendment proposals Future initiatives
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Land Remediation Section – Environmental Management Branch
Some current definitions
“source site” – a parcel which has or had substances which migrated to one or more neighbouring parcels or areas.
“affected site” – a parcel at which substances are present due to their migration from one or more neighbouring areas.
“offsite migration” – the migration of contaminants or other substances from a source parcel to a neighbouring parcel where the source parcel and neighbouring parcel have different ownership or tenure.
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Land Remediation Section – Environmental Management Branch 4
Development of legislation
Offsite migration was “not on the radar”
Not mentioned in early policy reviews
Land Remediation Section – Environmental Management Branch
Land Remediation Section – Environmental Management Branch
Contaminated sites legislation
Waste Management Act provisions
Passed in 1993 Came into effect April 1, 1997 Only provisions for offsite
migration deal with remediation liability Who is responsible for paying
the costs of remediation Who is not responsible
“offsite migration” not defined
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Land Remediation Section – Environmental Management Branch
Contaminated sites legislation
Responsible persons – Waste Management Act
The following persons are responsible for remediation at a contaminated site that was contaminated by migration of a substance to the contaminated site:
(a) Current owner or operator of the site from which the substance migrated
(b) Previous owner or operator of the site from which the substance migrated
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Land Remediation Section – Environmental Management Branch
Contaminated sites legislation
Responsible persons – Waste Management Act
(c) A person who(i) Produced the substance, and(ii) By contract, agreement or otherwise caused the
substance to be disposed of, handled or treated in a manner that, in whole or in part, caused the substance to migrate to the contaminated site.
(d) A person who(i) Transported or arranged for transport of the substance,
and(ii) By contract, agreement or otherwise caused the
substance to be disposed of, handled or treated in a manner that, in whole or in part, caused the substance to migrate to the contaminated site.
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Land Remediation Section – Environmental Management Branch
Contaminated sites legislation
Responsible persons – Waste Management Act
26.6 (1) The following persons are not responsible for remediation at a contaminated site:
(i) A person who owns or operates a contaminated site that was contaminated only by the migration of a substance from other real property not owned or operated by the person.
Note: Provisions for offsite migration were carried forward intact when the Environmental Management Act replaced the Waste Management Act in 2004
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Land Remediation Section – Environmental Management Branch
2002 Regulation amendments
Offsite migration notification
Vetted through the multi-stakeholder “CSIC” Contaminated Sites Implementation Committee
Stage 2 amendments to the Contaminated Sites Regulation addressed offsite migration Section 57 (independent remediation) amended Section 60.1 (site investigations) added
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Land Remediation Section – Environmental Management Branch
2002 Regulation amendments
Offsite migration notification (NOM) requirements
A NOM is required If a site investigation is underway If independent remediation is underway If ongoing monitoring is being carried out during
site investigation or independent remediationAND
One or more substances has migrated or is likely to have migrated to a neighbouring site and is likely causing contamination at the neighbouring site
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Land Remediation Section – Environmental Management Branch
2002 Regulation amendments
Offsite migration notification (NOM) requirements
A NOM is not required On the basis of historical information When site investigations were completed in the
past When independent remediation was completed in
the past
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Land Remediation Section – Environmental Management Branch
2002 Regulation amendments
Offsite migration notification (NOM) requirements
Notification information requirements specified in the regulations and Protocol 17
Notification must be provided within 15 days of becoming aware of the situation
Notations placed on the Site Registry
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Land Remediation Section – Environmental Management Branch
2002 Regulation amendments
Site profiles
Site profiles screen for potential contamination before development occurs
Stage 2 amendments included new offsite migration triggers New question about existing contamination arising
from migration of substances from offsite Sites affected by offsite migration of contaminants
added to the list of commercial and industrial activities in Schedule 2
Resulted in review of sites which previously would not be screened
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Land Remediation Section – Environmental Management Branch
Current protocols
Protocols addressing offsite migration
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Land Remediation Section – Environmental Management Branch
Current protocols
Protocol 6
Specifies which applications for contaminated sites legal instruments must be made with the recommendation of an Approved Professional
In general, any application must be recommended by an Approved Professional for a Non-high risk site Determination of Contaminated Site Contaminated Soil Relocation Agreement
Application for an affected site is ineligible unless written assurances are provided
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Land Remediation Section – Environmental Management Branch
Current protocols
Protocol 6 written assurances required
For Approvals in Principle and Certificates of Compliance
By Approved Professional Confirm works designed to prevent recontamination of
the affected site will do the job if implemented By current source site owner or operator
Confirm works recommended by Approved Professional will be implemented, operated and maintained for the source site
Current affected site owner or operator Confirm works recommended by Approved Professional
will be implemented, operated and maintained for the affected site
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Land Remediation Section – Environmental Management Branch
Current protocols
Protocol 12
Classifies sites as high risk or non-high risk Sites are high risk if
Upper cap concentrations are exceeded and complete exposure pathways exist
Mobile nonaqueous phase liquids are present Submission of Site Risk Classification Report (SRCR)
required With every Notification of Likely or Actual Offsite
Migration With every SRCR indicating potential/actual high risk
conditions at a neighbouring parcel or area 11% of SRCRs come from NOM submissions
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Land Remediation Section – Environmental Management Branch
Current protocols
Protocol 17
Contains forms For Notifications
of Likely or Actual Offsite Migration (NOMs)
For Notifications of Independent Remediation (NIRs)
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Land Remediation Section – Environmental Management Branch 19
Current administrative procedures
Establishing the boundaries of a site
Multiple parcels, one owner Bordering parcels, one owner Common source of contamination Site borders derived from contamination borders
or combined parcel boundaries
Land Remediation Section – Environmental Management Branch 20
Current administrative procedures
Establishing the boundaries of a site
Two parcels, two owners Bordering parcels, two owners Generally each parcel is a separate site
Site A Site B
Land Remediation Section – Environmental Management Branch 21
Current administrative procedures
Establishing the boundaries of a site
Two parcels, two owners
Could be considered one site if both owners agree
Before making a decision, a Director should Inform both owners of implications and
responsibilitiesAffected site owner could become
responsible for source site contaminationProvide a 30 day opportunity for
comment
Land Remediation Section – Environmental Management Branch
2006 offsite migration review
Offsite migration RFP
Request for proposals issued in 2005 Wanted recommendations to strengthen ministry
ability to identify and address offsite migration Sought a review based on provisions currently in
use in North America
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Land Remediation Section – Environmental Management Branch
2006 offsite migration review
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Land Remediation Section – Environmental Management Branch
2006 offsite migration review
Options and 31 recommendations
For changing the notification system (11) For utilities issues (6) For part-site approvals (8) For liability (7)
Report released for public comment in late 2007 Comments received, compiled and analyzed Now awaiting opportunity for amendments
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Land Remediation Section – Environmental Management Branch
2011 legislative amendment proposals
General
Amendments to the Environmental Management Act’s contaminated sites regime proposed
Main item is to implement liability protection for vendors of sites Commitment in past Throne Speeches Key part of the provincial brownfields strategy Foster redevelopment of mothballed sites
Other proposed amendments do not signal major policy shifts Aim to clarify, streamline, correct errors
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Land Remediation Section – Environmental Management Branch
2011 legislative amendment proposals
Offsite migration liability issues
Lack of clear protection for affected site owners if substances flow through their sites and contaminate sites “downgradient”
New exemption as a responsible person proposed to protect affected site owners in this situation
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Land Remediation Section – Environmental Management Branch
Future initiatives
Environmental Management Act amendments hopefully this year
Regulation amendments would follow Most Braul / Franz Environmental
recommendations can be implemented in the Contaminated Sites Regulation
Guidance for Director under preparation Deals with source site and affected site owner
consultations when issuing contaminated sites legal instruments
Anticipate release this month or next, for public consultation and review
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Land Remediation Section – Environmental Management Branch
Information on offsite migration
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Land Remediation Section – Environmental Management Branch
Thank you!
http://www.env.gov.bc.ca/epd/remediation/
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