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


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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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



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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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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(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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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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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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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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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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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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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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Current protocols

Protocols addressing offsite migration

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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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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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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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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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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




Two parcels, two owners Bordering parcels, two owners Generally each parcel is a separate site

Site A Site B




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


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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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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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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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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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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Information on offsite migration

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Thank you!

[email protected]

http://www.env.gov.bc.ca/epd/remediation/

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mailto:[email protected]

http://www.env.gov.bc.ca/epd/remediation/

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