BROWNFIELDS UPDATE THE AMENDMENTS TO O. REG. 153              John Willms      Specialist in Environmental LawCertified by...
Outline• Soil, ground water and sediment standards• Standards for Phase I and II ESAs• Soil Movement• Regulatory and Civil...
Standards – New Tables• Old Table 6 is gone and is replaced by  • Tables 6 and 7 – for shallow soil    sites  • Tables 8 a...
Standards Added and Revised• New standards for four VOCs and  uranium• “Science based” on the most  sensitive combination ...
Changed Standards• BTEX, benzene – significantly more stringent• PHCs – numerical standards in all tables• For PHC, no evi...
Risk Assessment• New and more detailed rules for traditional RA• New type of RA added in attempt to streamline review and ...
Role of QP• Less independence, more work• Detailed rules for Phase I and II ESAs embedded in Reg. 153• As of July 1 ?? the...
Phase I ESA Data• All reasonable enquiries – all sources of “reasonably accessible information”• Extensive lists of source...
Conceptual Site Model• Information about Phase I Study Area• Property boundaries 250 m from Phase I property boundary or b...
Source: Ministry of Ontario, Brownfields Redevelopment Amendments to O. Reg. 153/04,Brownfields Stakeholder Group Meeting,...
Potentially Contaminating Activities • Assess all within or beyond   250 m • List of 70 activities   encompasses most of t...
Enhanced Phase I ESA• Property had garage, dry cleaning or “bulk liquid dispensing”• Permits and records, MSDS, inventorie...
Phase II ESAs – Delineation• How to draw the plume of contamination• Keep sampling until areas of highest concentration fo...
Phase II ESAs – Averaging• Compliance to be determined at each sampling point• Average where 2 or more samples at same loc...
Phase II ESAs Confirmatory Sampling  • Two quarterly consecutive   ground water samples needed   where remediation done  •...
Phase II ESAs - Contaminants• CSM – Phase I and incorporate the results of the Phase II assessment• Soil vapour survey for...
Phase II ESAs - Hydrogeology• Groundwater levels plus temporal variations – monitor or estimate• Measure levels at every s...
“Best By” Dates• “Date of last work” researching for Phase I and II• < 18 months before RSC
Movement and Treatment of Soil– Reporting Quantities• New MOE interest and emphasis on tracking• QP must report on quantit...
Rules for Importation• Rules apply to RSC properties ONLY• General Rule - Table 1 soils fine for importation to any site i...
Importing Clean Soil• Know your source of backfill and bedding - no exemption for material from aggregate operation that h...
Regulatory and Civil Liability• Civil – no civil liability  protection except for  municipalities• Municipalities – no lia...
Transition• Site Condition Standards – July 1, 2011• New rules for Phase I and II ESAs – July 1, 2011 or earlier if and wh...
Contact Information             John Willms         Phone: (416) 862-4821        jwillms@willmsshier.comWillms & Shier Env...
Upcoming SlideShare
Loading in...5
×

ONEIA- John Willms Presentation

617

Published on

Published in: Technology
0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total Views
617
On Slideshare
0
From Embeds
0
Number of Embeds
0
Actions
Shares
0
Downloads
4
Comments
0
Likes
0
Embeds 0
No embeds

No notes for slide

ONEIA- John Willms Presentation

  1. 1. BROWNFIELDS UPDATE THE AMENDMENTS TO O. REG. 153 John Willms Specialist in Environmental LawCertified by the Law Society of Upper Canada Willms & Shier Environmental Lawyers LLP www.willmsshier.com
  2. 2. Outline• Soil, ground water and sediment standards• Standards for Phase I and II ESAs• Soil Movement• Regulatory and Civil Liability• Transition
  3. 3. Standards – New Tables• Old Table 6 is gone and is replaced by • Tables 6 and 7 – for shallow soil sites • Tables 8 and 9 – for sites near water bodies• Table 1 represents background conditions and is still used for sites that are areas of natural significance
  4. 4. Standards Added and Revised• New standards for four VOCs and uranium• “Science based” on the most sensitive combination of pathway and receptor – based on 10-6 for human health• A few e.g. Vinyl chloride are less stringent• For the contaminants that we most frequently encounter, between 1 to 3 orders more stringent
  5. 5. Changed Standards• BTEX, benzene – significantly more stringent• PHCs – numerical standards in all tables• For PHC, no evidence of free product• For potable ground water “no indication of objectionable petroleum hydrocarbon odour and taste”
  6. 6. Risk Assessment• New and more detailed rules for traditional RA• New type of RA added in attempt to streamline review and ameliorate concerns• Modified generic uses “approved model”, MOE template and risk management measures approved and published by MOE• Practitioner concern – this does not provide much relief without risk management
  7. 7. Role of QP• Less independence, more work• Detailed rules for Phase I and II ESAs embedded in Reg. 153• As of July 1 ?? there will be a new MOE “approval” process – acknowledge for filing
  8. 8. Phase I ESA Data• All reasonable enquiries – all sources of “reasonably accessible information”• Extensive lists of sources of “records”• Includes access to information legislation (my take - municipal, provincial)
  9. 9. Conceptual Site Model• Information about Phase I Study Area• Property boundaries 250 m from Phase I property boundary or beyond if QP determines• Potentially contaminating uses, water bodies, underground services
  10. 10. Source: Ministry of Ontario, Brownfields Redevelopment Amendments to O. Reg. 153/04,Brownfields Stakeholder Group Meeting, May 23, 2010
  11. 11. Potentially Contaminating Activities • Assess all within or beyond 250 m • List of 70 activities encompasses most of the usual suspects • # 71 - Fill of unknown quality
  12. 12. Enhanced Phase I ESA• Property had garage, dry cleaning or “bulk liquid dispensing”• Permits and records, MSDS, inventories of chemicals, tanks, storage areas• Waste management records• Environmental audit reports
  13. 13. Phase II ESAs – Delineation• How to draw the plume of contamination• Keep sampling until areas of highest concentration found• Edges of plume – vertical and horizontal extent to the next sampling location that is < standard – no interpolation
  14. 14. Phase II ESAs – Averaging• Compliance to be determined at each sampling point• Average where 2 or more samples at same location and depth (within 2 m radius)• Composite samples not allowed for VOC analysis
  15. 15. Phase II ESAs Confirmatory Sampling • Two quarterly consecutive ground water samples needed where remediation done • Four if remediation in situ
  16. 16. Phase II ESAs - Contaminants• CSM – Phase I and incorporate the results of the Phase II assessment• Soil vapour survey for volatile contaminants including VOCs• Measure and report on “free product” or “free flowing product”
  17. 17. Phase II ESAs - Hydrogeology• Groundwater levels plus temporal variations – monitor or estimate• Measure levels at every sampling event• Flow direction using 3 or more monitoring wells• Horizontal gradients
  18. 18. “Best By” Dates• “Date of last work” researching for Phase I and II• < 18 months before RSC
  19. 19. Movement and Treatment of Soil– Reporting Quantities• New MOE interest and emphasis on tracking• QP must report on quantities and quality of soil• Removed or imported• Including characteristics (Phase I) of the source property• Remediated on and off-site
  20. 20. Rules for Importation• Rules apply to RSC properties ONLY• General Rule - Table 1 soils fine for importation to any site including sites with RSC∀ ∴ practice – import soil first, then do Phase II
  21. 21. Importing Clean Soil• Know your source of backfill and bedding - no exemption for material from aggregate operation that has naturally occurring exceedance• Many aggregate operations produce materials that exceed the new standards, usually metals, the exact contaminant depends on where in Ontario
  22. 22. Regulatory and Civil Liability• Civil – no civil liability protection except for municipalities• Municipalities – no liability for reliance on RSC by reason of inaccuracy in RSC• Regulatory – RSC provides limited protection “reopeners” but not in the event of off-site migration
  23. 23. Transition• Site Condition Standards – July 1, 2011• New rules for Phase I and II ESAs – July 1, 2011 or earlier if and when RSC approval procedures proclaimed• Ongoing risk assessment or remediation? Submit notice before January 1, 2011 and stay under the old rules up to January 1, 2013
  24. 24. Contact Information John Willms Phone: (416) 862-4821 jwillms@willmsshier.comWillms & Shier Environmental Lawyers LLP www.willmsshier.com
  1. A particular slide catching your eye?

    Clipping is a handy way to collect important slides you want to go back to later.

×