ONTARIO REGULATION 245/10

made under the

ENVIRONMENTAL PROTECTION ACT

Made: June 2, 2010
Filed: June 17, 2010
Published on e-Laws: June 18, 2010
Printed in The Ontario Gazette: July 3, 2010

Amending O. Reg. 153/04

(Records of Site Condition — Part XV.1 of the Act)

Note: Ontario Regulation 153/04 has previously been amended. For the legislative history of the Regulation, see the Table of Consolidated Regulations – Detailed Legislative History at www.e-Laws.gov.on.ca.

1.  (1)  Clause 21.1 (1) (d) of Ontario Regulation 153/04 is amended by striking out “the notice referred to in clause (b)” and substituting “the notice referred to in clause (c)”.

(2)  Subsections 21.1 (2) and (3) of the Regulation are revoked and the following substituted:

(2)  The notice under clause (1) (c) shall,

(a) contain, in the language specified in the form of notice approved by the Director, either or both of, as applicable,

(i) a certification by the owner that a risk assessment with respect to a contaminant at the property has been submitted, together with the date of the submission and the number of the risk assessment, or

(ii) a certification by the owner that action to reduce the concentration of a contaminant on, in or under the property in order to meet a standard specified in a risk assessment accepted by the Director for the contaminant with respect to the property or, where none exists, the applicable site condition standard for the contaminant, has begun; and

(b) contain a certification by a qualified person with respect to the property in the following language:

A phase one environmental site assessment of the property, which includes the evaluation of the information gathered from a records review, site visit and interviews, has been conducted in accordance with the regulation by or under the supervision of a qualified person as required by the regulation.

(3)  This section applies to a risk assessment if,

(a) notice has been given under subclause (2) (a) (i) in respect of the risk assessment;

(b) a record of site condition to which this section applies contains a certification mentioned in subparagraph 4 ii of subsection 168.4 (1) of the Act in respect of the risk assessment; and

(c) the risk assessment has been accepted by the Director on or after July 1, 2011.

(4)  Where this section applies to a record of site condition or a risk assessment,

(a) the definition of “Soil, Ground Water and Sediment Standards” in subsection 1 (1), as it read immediately before the date on which subsection 1 (4) of Ontario Regulation 511/09 came into force, applies;

(b) sections 36, 37, and 41, as they read immediately before the date on which sections 16, 17 and 18 of Ontario Regulation 511/09 came into force, apply;

(c) section 43.1 and all references to section 43.1 do not apply; and

(d) all references to sections 36, 37 and 41 of the regulation are deemed to be references to sections 36, 37 and 41 as they read immediately before the date on which sections 16, 17 and 18 of Ontario Regulation 511/09 came into force.

2.  (1)  Paragraph 6 of section 5 of Schedule A to the Regulation, as remade by subsection 28 (9) of Ontario Regulation 511/09, is amended by striking out “paragraph 4.1 of section 4” and substituting “paragraph 4.1 of subsection 4 (1)”.

(2)  Subsection 5 (2) of Schedule A to the Regulation is amended by striking out “subsection 21.1 (3)” and substituting “subsection 21.1 (4)”.

(3)  Paragraph 5 of section 11 of Schedule A to the Regulation, as remade by subsection 28 (18) of Ontario Regulation 511/09, is amended by striking out “title, author and date and type of environmental assessment, where applicable, relied upon” and substituting “title, author and date, relied upon”.

(4)  Section 26 of Schedule A to the Regulation is revoked and the following substituted:

26.  The qualified person shall provide the following:

1. The title, author and date of the document used as the phase two environmental site assessment report in submitting the record of site condition for filing.

2. A list of reports or other documents, other than the document referred to in paragraph 1, setting out title, author and date, relied upon in making any certifications in the RSC for the purposes of this Part or otherwise used in conducting the phase two environmental site assessment.

3.  Paragraph 6 of section 4 of Schedule B to the Regulation, as remade by subsection 29 (5) of Ontario Regulation 511/09, is amended by striking out “paragraph 4.1 of section 3” and substituting “subparagraph 4.1 i of subsection 3 (1)”.

4.  (1)  Subsection 3 (5.1) of Schedule C to the Regulation is amended by striking out “subparagraph 4.1 i of subsection (5)” and substituting “subparagraph 4 i of subsection (5)”.

(2)  Subparagraph 3 ii of subsection 5 (2) of Schedule C to the Regulation is amended by striking out “section 9” and substituting “Report Section 7 (Risk Management Plan)”.

(3)  Report Section 5 (Ecological Risk Assessment) of Table 1 of Schedule C to the Regulation, as remade by subsection 30 (14) of Ontario Regulation 511/09, is revoked and the following substituted:

    5. Ecological Risk Assessment (ERA)

    (a) Problem Formulation

    (i) Ecological Conceptual Site Model

Provide an ecological conceptual site model that,

     

    (a) satisfies the requirements of clauses 3 (8) (b) and (c) and is consistent with the information upon which the diagrams referred to in that clause are based;

     

    (b) explains how the information provided under Report Section 3 (Property Information Site Plan and Geological Interpretation) was incorporated into and is consistent with the ecological conceptual site model; and

     

    (c) was relied upon in the preparation of the risk assessment.

   

    (ii) Risk Assessment Objectives

State the objectives of the ecological risk assessment and include an indication of,

     

    (a) the proposed use of the RA property;

     

    (b) which ecological receptors on the RA property are considered to be valued ecosystem components, the degree to which they must be protected and a justification to support such decisions;

     

    (c) the exposure pathways to be assessed in the ecological risk assessment;

     

    (d) whether a qualitative or quantitative assessment of risk or both will be used in the ecological risk assessment;

     

    (e) the type of approach used for the ecological risk assessment.

     

Demonstrate that the data used for the ecological risk assessment are sufficient to meet the objectives of the assessment, having regard to,

     

    (a) the data quality objectives specified in the reports on the sampling program summarized in the appendices to the risk assessment report; and

     

    (b) any other relevant information that the qualified person has gathered or obtained in conducting the assessment.

     

State how any uncertainty resulting from variable data, poor data quality or gaps in data in relation to the RA property affected,

     

    (a) the setting of objectives for the ecological risk assessment; and

     

    (b) the ability to meet those objectives.

 

    (b) Receptor Characterization

 

Describe in detail the characteristics of every valued ecosystem component, both on and off the RA property, identified in the ecological conceptual site model.

 

    (c) Exposure Assessment

    (i) Pathway Analysis

Describe in detail every exposure pathway identified in the ecological conceptual site model. Justify which exposure pathways are incomplete.

   

    (ii) Exposure Estimates

For every complete exposure pathway, state,

     

    (a) the relative frequency and duration of actual or potential exposures;

     

    (b) the relative magnitude of exposure to the valued ecosystem components, using measured contaminant exposure concentrations or concentrations predicted through fate and transport modelling in a manner compatible with that used in the human health risk assessment; and

     

    (c) given the uncertainty described under the heading of “Problem Formulation”, how does this uncertainty affect the outcomes of the exposure assessments conducted under clauses (a) and (b).

 

    (d) Hazard Assessment

 

State the potential adverse effects on the valued ecosystem components associated with their exposure to each contaminant of concern.

     

For each contaminant of concern,

     

    (a) describe the relationship between the magnitude of exposure to the contaminant from each route of exposure and the probability of the occurrence of the adverse ecological effect identified in the Hazard Assessment;

     

    (b) if the data permits, propose a toxicity reference value for each of the routes of exposure identified in clause (a); and

     

    (c) analyze the sources of uncertainty in the data used to conduct the hazard assessment, including any gaps or variability in the data and state how such uncertainty could affect the assessment.

 

    (e) Risk Characterization

    (i) Interpretation of Ecological Risks

For each contaminant of concern, having regard to the exposure assessment and the hazard assessment, state the risk attributable in respect of that contaminant to each exposure route for the valued ecological components on the RA property, using either a quantitative or qualitative analysis.

   

    (ii) Quantitative Interpretation of Ecological Risks

A quantitative analysis that has been undertaken for a contaminant of concern must include the following:

     

    1. For each valued ecosystem component, provide a comparison of the toxicity reference value proposed in the “Hazard Assessment” to the exposure estimate proposed in the “Exposure Assessment” to derive an estimate of the degree of risk at the RA property in the absence of any measures that have been taken or are being proposed at the RA property which have the effect of reducing the risk from the contaminant of concern.

     

    2. Provide narrative to describe all magnitudes, comparisons and limitations relied upon to derive the risk under paragraph 1.

     

    3. Taking into consideration any risk management measures being proposed in the risk assessment, propose and justify an ecological standard for the contaminant, ensuring that the standard achieves the same level of protection for each valued ecosystem component that is intended to be achieved by the applicable full-depth generic site condition standard for that contaminant.

   

    (iii) Qualitative Interpretation of Ecological Risks

A qualitative analysis that has been undertaken for a contaminant of concern must include the following:

     

    1. Provide a justification for why a quantitative analysis was not undertaken.

     

    2. Describe the justification process being used as part of the qualitative analysis. The justification process includes a non-numeric characterization of risk and may include a numeric assessment of exposure or toxicity for screening purposes and risk prioritization.

     

    3. Taking into consideration any risk management measures being proposed for the RA property, propose and justify an ecological standard for the contaminant, ensuring that the standard achieves the same level of protection for each valued ecosystem component that is intended to be achieved by the applicable full-depth generic site condition standard for that contaminant.

   

    (iv) Special Considerations

If a RA property is,

     

    (a) located within 30 metres of an “area of natural significance”, includes such an area, is adjacent to such an area or part of such an area, the justification for the ecological standard being proposed for the RA property must ensure that the standard is protective of the conditions that causes the area to be an area of natural significance; and

     

    (b) subject to section 41 or 43.1 of the regulation, the justification for the ecological standard being proposed for the RA property must take into account the site conditions that make section 41 or 43.1 of the regulation apply to the RA property.

   

    (v) Interpretation of Off-Site Ecological Risks

For each contaminant of concern, assess whether the ecological standard being proposed for the RA property is likely to result in a concentration greater than the applicable full depth site condition standard at the nearest ecological receptor located off the RA property and, if this is the case for any contaminant, specify the contaminant, the applicable site condition standard for that contaminant and the property where the ecological receptor is located and describe the ecological receptors that may be impacted.

   

    (vi) Discussion of Uncertainty

Having regard to the discussions of uncertainty under headings “Exposure Assessment” and “Hazard Assessment”, state how such uncertainty could affect the interpretation of risk advanced in this report section and the need to manage such risks.

(4)  Report Section 7 “Risk Management Plan” of Table 1 of Schedule C to the Regulation is revoked and the following substituted:

    7. Risk Management Plan (if applicable)

Risk Management Plan

Risk Management Performance Objectives

State the exposure pathways and environmental media that risk management measures are intended to address.

     

State the required reduction in exposure concentration that the risk management measures are intended to achieve.

   

Risk Management Measures

To achieve the specified performance objectives,

     

    (a) propose risk management measures on the RA property that are designed to prevent, eliminate or ameliorate any adverse effects on or off the RA property;

     

    (b) propose restrictions on the use of the RA property, including any restriction that apply to the construction of a building on the property; or

     

    (c) propose a combination of measures specified in clauses (a) and (b).

     

State the implications of the risk management plan for off-site health and ecological receptors.

   

Duration of Risk Management Measures

Specify the duration the proposed risk management measures are required to remain in place to ensure the specified performance objectives are achieved.

     

Specify the designed lifespan of the measure, if applicable.

   

Requirements for Monitoring and Maintenance

Propose a program for one or more of the following activities, if the program is necessary to achieve the specified risk management performance objectives:

     

    1. A program which includes procedures for the ongoing maintenance, monitoring and replacement of the risk management measures to ensure they remain operable for the period identified in this report under the sub-heading “Duration of Risk Management Measures”.

     

    2. A program which includes procedures for the ongoing monitoring of contaminants of concern.

     

    3. A contingency plan for meeting the Risk Management Performance Objectives if the Risk Management Measures fail.

(5)  Report Section 7 (Risk Management Plan) of Table 1 of Schedule C to the Regulation, as remade by subsection 30 (14) of Ontario Regulation 511/09, is revoked and the following substituted:

    7. Risk Management Plan (if applicable)

    (a) Risk Management Plan

    (i) Risk Management Performance Objectives

State the exposure pathways and environmental media that risk management measures are intended to address.

     

State the required reduction in exposure concentration that the risk management measures are intended to achieve.

   

    (ii) Risk Management Measures

To achieve the specified performance objectives,

     

    (a) propose risk management measures on the RA property that are designed to prevent, eliminate or ameliorate any adverse effects on or off the RA property;

     

    (b) propose restrictions on the use of the RA property, including any restriction that apply to the construction of a building on the property; or

     

    (c) propose a combination of measures specified in clauses (a) and (b).

     

State the implications of the risk management plan for off-site health and ecological receptors.

   

    (iii) Duration of Risk Management Measures

Specify the duration the proposed risk management measures are required to remain in place to ensure the specified performance objectives are achieved.

   

    (iv) Requirements for Monitoring and Maintenance

Specify the designed lifespan of the measure, if applicable.

     

Propose a program for one or more of the following activities, if the program is necessary to achieve the specified risk management performance objectives:

     

    1. A program which includes procedures for the ongoing maintenance, monitoring and replacement of the risk management measures to ensure they remain operable for the period identified in this report under the sub-heading “Duration of Risk Management Measures”.

     

    2. A program which includes procedures for the ongoing monitoring of contaminants of concern.

     

    3. A contingency plan for meeting the Risk Management Performance Objectives if the Risk Management Measures fail.

5.  (1)  Report Section 4 (Records Review) of Table 1 of Schedule D to the Regulation is amended by striking out “section 3” wherever it appears and substituting “subsection 3 (2)”.

(2)  Report Section 5 (Interviews) and Report Section 6 (Site reconnaissance) of Table 1 of Schedule D to the Regulation are revoked and the following substituted:

    5. Interviews

   

Provide the information referred to in paragraph 2 of section 8 including,

     

    i. the date, place, and method of the interviews and the name of person being interviewed,

     

    ii. the reason why the person was identified as an interview subject, and

     

    iii. relevant information concerning potentially contaminating activity and areas of potential environmental concern noted by the interviewer.

     

Provide the comparison and assessment, referred to in paragraph 3 of section 8, of information gleaned through interviews with other information sources and of the validity of the information gleaned from the interviews.

     

Provide the summary of the interviews referred to in paragraph 4 of section 8.

     

Identify and evaluate relevant information from the interviews concerning potentially contaminating activity and areas of potential environmental concern.

    6. Site Reconnaissance

    (a) General Requirements

 

Provides notes of the following for each investigation,

     

    i. date and time of the investigation,

     

    ii. weather conditions,

     

    iii. the length of time of the investigation,

     

    iv. whether the facility was operating at the time of the investigation, where the phase one property is an enhanced investigation property that is currently being used for one of the uses described in clause 32 (1) (b) of the regulation, and

     

    v. the name and qualifications of the person conducting the investigation.

     

Provide the following information and analysis based on paragraph 4 of section 12,

     

    i. photographs of the exterior and interior portions of the phase one property,

     

      a. documenting any areas of potential environmental concern, and

     

      b. illustrating any relevant structures and areas of disturbed soils, including fill areas, and

     

    ii. a written description and explanation of the photographs including,

     

      a. an orientation by compass of the photograph, and

     

      b. a description of the photograph with respect to other photographs, records and figures.

 

    (b) Specific Observations at Phase One Property

 

Provide the following, based on the investigation referred to in paragraph 1 of subsection 13 (1),

     

    i. a general description of structures and other improvements, including the number and age of buildings,

     

    ii. a general description of the number, age and depth of below-ground structures,

     

    iii. details of all tanks, above and below ground, at the phase one property, including the material and method of construction of the tank, tank age, tank contents and tank volume, whether in use or not, and

     

    iv. any potable and non-potable water sources.

     

Based on the inquiries referred to in paragraph 2 of subsection 13 (1), provide the type and approximate location of underground utility and service corridors, such as sewer, water, electrical or gas lines, located on, in or under the phase one property.

     

Based on the investigations referred to in paragraph 3 of subsection 13 (1), identify and document the following features of structures and buildings at the phase one property,

     

    i. exit and entry points,

     

    ii. details of existing and former heating systems, including type and fuel source,

     

    iii. details of cooling systems, including type and fuel source, if any,

     

    iv. details of any drains, pits and sumps, including their current use, if any, and former use,

     

    v. details of any unidentified substances, and

     

    vi. details, including locations, of stains or corrosion on floors other than from water, where located near a drain, pit, sump, crack or other potential discharge location.

     

Provide the documentation referred to in paragraph 4 of subsection 13 (1) of,

     

    i. details, including locations, of current and former wells, including all wells described or defined in or under the Ontario Water Resources Act and the Oil, Gas and Salt Resources Act,

     

    ii. details of sewage works, including their location,

     

    iii. details of ground surface, including type of ground cover, such as grass, gravel, soil or pavement, and

     

    iv. details of current or former railway lines or spurs and their locations.

     

Provide the documentation, referred to in subsection 13 (2), of the following,

     

    i. areas of stained soil, vegetation or pavement,

     

    ii. stressed vegetation,

     

    iii. areas where fill and debris materials appear to have been placed or graded,

     

    iv. potentially contaminating activity, and

     

    v. details of any unidentified substances found at the property.

   

    (i) Enhanced Investigation Property

Where subsection 13 (3) applies to the phase one property, provide the documentation referred to in subsection 13 (3) of,

     

    i. the operations at the property, including processing or manufacturing,

     

    ii. hazardous materials used or stored at the phase one property,

     

    iii. products manufactured at the phase one property,

     

    iv. by-products and wastes at the phase one property,

     

    v. raw materials handling and storage locations at the phase one property, whether in use or not,

     

    vi. details of drums, totes and bins at the phase one property,

     

    vii. details of all oil/water separators at the phase one property, including for each separator the location, installation date, source of incoming liquid and effluent discharge location,

     

    viii. all vehicle and equipment maintenance areas, including the locations of maintenance, fluid storage, and waste storage areas, whether in use or not,

     

    ix. details of all spills including the dates, locations, materials involved, and volumes of material spilled,

     

    x. details of liquid discharge points such as water and French drains, including their locations,

     

    xi. details of operations at the property, including processing or manufacturing and equipment used in processing or manufacturing, and

     

    xii. details of all hydraulic lift equipment at the property, including elevators, in-ground hoists and loading docks.

     

Where subsection 13 (4) applies to a phase one property, provide the documentation referred to in subsection 13 (4).

 

    (c) Written Description of Investigation

 

Provide a written description of the investigations carried out pursuant to sections 13 and 14 including,

     

    i. details of each of the investigations, and

     

    ii. any findings that are relevant to the existence of an area of potential environmental concern such as the presence on, in or under the phase one property of any of the things to be identified in section 13 or 14 which may be relevant to the existence of an area of potential environmental concern.

(3)  Item 9 of Table 2 of Schedule D to the Regulation is revoked and the following substituted:

9.

Putrescible Materials Handling, Disposal or Recycling

6.  (1)  Section 36 of Schedule E to the Regulation is amended by striking out “referred to in subsection 33 (1)” in the portion before paragraph 1 and substituting “referred to in subsection 35 (1)”.

(2)  Report Section 10 (Appendices) of Table 1 of Schedule E to the Regulation is revoked and the following substituted:

    10. Appendices

    (a) General

    (i) Sampling and Analysis Plan

Provide the sampling and analysis plan for the site investigation.

   

    (ii) Finalized Field Logs

Provide all finalized field logs.

   

    (iii) Certificates of Analysis or Analytical Reports from Laboratories

Provide laboratory certificates of analysis or analytical reports for all samples analyzed.

   

    (iv) Residue Management

Provide copies of all permits, approvals and the like obtained from municipal, provincial or federal governments or agencies for handling, treating, discharging and disposing of soil, sediment and ground water.

   

    (v) Survey of Phase Two Property

Provide a survey of the phase two property which has been prepared, signed and sealed by a surveyor or, where the phase two property consists of land that is administered by the Ministry of Natural Resources under the Public Lands Act, a description of the phase two property approved by the Surveyor General.

 

    (b) Remediation

    (i) Where any Action has been Taken to Reduce the Concentration of Contaminants on, in or under a Phase Two Property

Provide a remediation appendix that includes the following sections,

     

    i. remedial actions,

     

    ii. free flowing product,

     

    iii. results of confirmation sampling and analysis, and

     

    iv. conclusions.

   

    (ii) Remedial Actions

Provide,

     

    i. a description of any soil excavation and soil treatment activities at the phase two property that includes,

     

      A. the rationale for each method used,

     

      B. the quantities and types of compounds used to treat contaminants of concern, and

     

      C. the location of the remedial action,

     

    ii. an estimate of the quantity of soil treated on the property and removed from the property, in tonnes,

     

    iii. a description of any ground water removal or ground water treatment activities at the phase two property including,

     

      A. the rationale for each method used,

     

      B. the quantities and types of compounds used to treat contaminants of concern, and

     

      C. the location of the remedial action,

     

    iv. an estimate, in litres, of the volume of any ground water removed from the phase two property,

     

    v. a description of any actions taken to reduce contaminant concentrations in sediment at the phase two property including,

     

      A. the rationale for each method used,

     

      B. the quantities and types of compounds used to treat contaminants of concern, and

     

      C. the location of the remedial action in relation to any areas of potential environmental concern,

     

    vi. an estimate of the quantity of sediment treated or removed from the property,

     

    vii. copies of all permits from local, provincial and federal agencies for handling, treating, discharging and disposing of soil, ground water or sediment,

     

    viii. a description of the steps taken to ensure that contaminants created or introduced to the property during remediation do not exceed the applicable site condition standard, if the remediation method involved the creation or introduction of contaminants or substances to the subsurface of the property,

     

    ix. a description of the steps taken to establish baseline and background conditions relevant to the proposed remediation method to a degree adequate to detect any increases of contaminants on, in or under the phase two property following remediation, including contaminants created or introduced to the property during remediation, and

     

    x. a rationale for the selection of monitoring wells and contaminants to be analyzed for the purpose of monitoring concentrations of contaminants in, on or under the phase two property, including contaminants created or introduced to the property during remediation.

   

    (iii) Free Flowing Product

Provide,

     

    i. a discussion of the types and quantities of any free flowing product observed during remediation,

     

    ii. an estimate of the volume of free flowing product, in litres, removed from ground water on, in or under the phase two property, where free flowing product is present, and

     

    iii. a description of any free flowing product recovery system or other activity undertaken to remove the free flowing product.

   

    (iv) Confirmation Sampling and Analysis

Provide,

     

    i. a description of all confirmation sampling activities conducted during and after remedial actions for the purpose of demonstrating that the phase two property meets the applicable site condition standards and any standards specified in a risk assessment,

     

    ii. a description and rationale for all confirmation sampling locations, depths and contaminants analyzed,

     

    iii. a description of the lateral and vertical dimensions of the excavations and the number and types of confirmation samples taken at each excavation, where part or all of the land on, in or under a phase two property has been excavated,

     

    iv. one or more figures of the phase two property, identifying the locations and dimensions of any excavations on, in or under the phase two property,

     

    v. one or more cross-sections that show the vertical dimensions of any excavations on, in or under the phase two property,

     

    vi. one or more figures of the phase two property, identifying the locations of any ground water removal or treatment activities, including the locations of any injection wells and extraction wells,

     

    vii. one or more figures of the phase two property, identifying the locations of any sediment removal or treatment activities,

     

    viii. a description of the results of quarterly sampling events, including water level measurements and ground water sampling and analysis, where in situ treatment has been undertaken on, in or under the phase two property,

     

    ix. a description of the results of quarterly sampling events, including water level measurements and ground water sampling and analysis, where remediation, other than in situ remediation has been undertaken with respect to a contaminant in soil,.

     

    x. tables showing all soil, ground water and sediment quality data contained in laboratory certificates of analysis or analytical reports for confirmation samples including,

     

      A. comparison of the data to applicable site condition standards or standards specified in a risk assessment as the case may be for each contaminant analyzed,

     

      B. the borehole, test hole, test pit or monitoring well identification number,

     

      C. the sample identification number,

     

      D. soil or sediment sample depth,

     

      E. ground water sampling depth interval,

     

      F. date of sample collection,

     

      G. date of sample analysis, and

     

      H. laboratory certificate of analysis or analytical report reference number,

     

    xi. provide one or more figures that show the results of analyses for all confirmation samples of soil, ground water and sediment including the delineation of the lateral and vertical extent of contaminants in soil, ground water or sediment following actions taken to reduce the concentration of contaminants, and illustrating,

     

      A. sampling points,

     

      B. sample identification number,

     

      C. sampling depth intervals, and

     

      D. concentrations of contaminants as analyzed in an accredited laboratory,

     

    xii. provide cross-sections that are oriented parallel and perpendicular to the direction of ground water flow that show the results of analyses for all confirmation samples of soil, ground water and sediment including the delineation of the lateral and vertical extent of contaminants. in soil, ground water or sediment following actions taken to reduce the concentration of contaminants, and illustrating,

     

      A. sampling points,

     

      B. sample identification number,

     

      C. sampling depth intervals,

     

      D. concentrations of contaminants as analyzed in an accredited laboratory, and

     

      E. the stratigraphy from ground surface to the deepest aquifer or aquitard where actions were taken to reduce the concentration of contaminants,

     

    xiii. a table showing construction details and elevations for all monitoring wells used in demonstrating that contaminant concentrations in ground water are below the applicable site condition standards following actions taken to reduce concentration of contaminants, and

     

    xiv. a table showing all water level measurements for all monitoring events used in demonstrating that contaminant concentrations in ground water are below the applicable site condition standards following actions taken to reduce concentration of contaminants, including depth to water reported as elevations to the nearest centimetre relative to a geodetic or permanent and recoverable benchmark and reference elevations.

 

    (c) Soil Excavated at or Brought to the Phase Two Property

    (i) Soil Brought to the Phase Two Property

Provide,

     

    i. a rationale for the selection of chemical parameters analyzed by a laboratory in accordance with section 32 of this Schedule,

     

    ii. a description of the soil sampling activities conducted including,

     

      A. the number of samples analyzed,

     

      B. the soil sampling program, including methods used to ensure that the samples are representative of any areas where a contaminant may be present at a concentration greater than the applicable site condition standard for the contaminant,

     

      C. the address of the source property and any property where the soil was stored prior to being deposited on, in or under the phase two property,

     

      D. the former and current uses of the source property, including identification of any potentially contaminating activity,

     

      E. total volume of soil brought to the phase two property,

     

      F. the results of analyses of soil samples, including a comparison of the results to the applicable site condition standard for each contaminant analyzed,

     

      G. a figure showing the locations on the phase two property where soil was deposited,

     

      H. tables,

     

1. showing all soil quality data contained in laboratory certificates of analysis of soil, samples analyzed, and

     

2. comparing the analytical results to the applicable site condition standard for each contaminant analyzed, and

     

    iii. a description of the purposes for which the soil was brought to the phase two property.

   

    (ii) Segregation of Soil

Provide,

     

    i. a rationale for the choice of contaminants to be analyzed,

     

    ii. a description of the methods used to ensure uniform and representative sample collection,

     

    iii. the number of soil samples collected and the volume of each stockpile, and

     

    iv. a comparison of the results of analysis to the applicable site condition standards and standards specified in a risk assessment for all contaminants analyzed.

   

    (iii) Stockpiles

Provide,

     

    i. a rationale for the choice,

     

    ii. a description of the stockpile sampling program, including methods used to ensure uniform and representative sample collection, the number of soil samples collected and the volume of each stockpile, and

     

    iii. a table showing all soil quality data contained in certificates of analysis or analytical reports for stockpiled soil samples analyzed and a comparison of the analytical results to the applicable site condition standards and standards specified in a risk assessment.

 

    (d) Modified Generic Risk Assessment

    (i) Property Information

Provide,

     

    i. property location and ownership,

     

    ii. municipal address and property identification number if any,

     

    iii. size and boundaries of the property, and

     

    iv. identification of the current and proposed uses of the property.

   

    (ii) Fraction of Organic Carbon (FOC)

Whenever an assumed value for FOC (for the water table to soil surface, in the upper 0.5m, or the aquifer) is to be modified in a modified generic risk assessment, the report shall include,

     

    i. a description of the rationale for determining sampling locations,

     

    ii. a table with the sampling results,

     

    iii. a figure showing the sampling points,

     

    iv. finalized field logs, indicating the depth of the soil samples, and

     

    v. the new value to be used in the modified generic risk assessment.

   

    (iii) Distance to Water Body

Whenever an assumed value for distance to water body is to be modified in a modified generic risk assessment, the report shall include a figure showing,

     

    i. the location of the property,

     

    ii. areas where a contaminant is present at concentration greater than the applicable site condition standard for the contaminant,

     

    iii. location of monitoring wells, ground water flow direction, interpreted flow pathways from each area to the nearest water body, estimated distance from each area to the nearest water body,

     

    iv. nearest water body down gradient of each area noted in ii, and

     

    v. the new value to be used in the modified generic risk assessment.

   

    (iv) Depth to Water Table

Whenever an assumed value for depth to water table is to be modified in a modified generic risk assessment, the report shall include,

     

    i. a description of, and rationale for, the method used to estimate the depth from soil surface to the highest water table,

     

    ii. a figure showing the soil surface elevation contours, monitoring well locations, and measured depths to the highest water table from soil surface,

     

    iii. a table with all the water level data used to determine the highest water table, and

     

    iv. the new value to be used in the modified generic risk assessment.

   

    (v) Aquifer Horizontal Hydraulic Gradient

Whenever an assumed value for aquifer horizontal hydraulic gradient is to be modified in a modified generic risk assessment, the report shall include,

     

    i. a figure showing the location of monitoring wells, water level information, and ground water elevation contours,

     

    ii. gradient calculations, and

     

    iii. the new value to be used in the modified generic risk assessment.

   

    (vi) Aquifer Horizontal Hydraulic Conductivity

Whenever an assumed value for aquifer horizontal hydraulic conductivity is to be modified in a modified generic risk assessment, the report shall include,

     

    i. a description of field test methods, and interpretation of the field data,

     

    ii. a rationale for the decision to use or not use a multiplier, and for the particular choice and use of any multiplier chosen and used in adjusting hydraulic conductivity values,

     

    iii. all field data, calculations, and hydraulic conductivity values, and

     

    iv. the new value to be used in the modified generic risk assessment.

   

    (vii) Soil Type in the Vadose Zone and Capillary Fringe

Whenever an assumed value for soil type in the vadose zone and capillary fringe is to be modified in a modified generic risk assessment, the report shall include,

     

    i. for each area where a contaminant is present on, in or under the property at a concentration greater than the applicable site condition standard for the contaminant, the following information related to soil type in the vadose zone and capillary fringe, if applicable,

     

      A. a description of grain size analysis undertaken by an accredited laboratory. and the process and rationale for the selection of the soil type,

     

      B. grain size distribution curves,

     

      C. a figure showing all the sampling points, and

     

      D. related finalized field logs, indicating the depth of the soil samples, and

     

    ii. soil type selected as property soil type (for each of the vadose zone and capillary fringe), and the area soil type (in each of the vadose zone and capillary fringe) for each of the areas investigated.

   

    (viii)Soil Vapour Investigation - Depth to Soil Vapour Measurements

Whenever an assumed value for depth below soil surface to soil vapour is to be entered in a modified generic risk assessment, the report shall include,

     

    i. a description of the rationale for the selection of the soil vapour sampling locations and depths,

     

    ii. a discussion on soil vapour preferential pathways present or anticipated on the property, and whether and how they may affect vapour intrusion into existing and any known future buildings,

     

    iii. a figure showing the locations of,

     

      A. existing and, if known, future buildings,

     

      B. all soil vapour points,

     

      C. areas where volatile contaminants are present at concentration greater than the applicable site condition standards,

     

      D. known or inferred volatile contaminant release areas, and

     

      E. ground water flow direction,

     

    iv. a minimum of one cross section for each area at which a contaminant is present at a concentration above the applicable site condition standards for the contaminant, which illustrates,

     

      A. variations in the soil surface elevation at the property,

     

      B. soil and ground water sampling points,

     

      C. soil vapour probe locations and depths,

     

      D. interpreted distribution of the soil types present in the area,

     

      E. depth to water table, and

     

      F. soil and ground water concentrations for the volatile contaminants referred to above, and

     

    v. a table summarizing the rationale for the location and depth of each soil vapour probe used in the soil vapour investigation, construction details of the probes including materials, diameter, length of the screen interval, and depth from soil surface to the top of the probe screening interval.

   

    (ix) Soil Vapour Investigations - Soil Vapour Concentrations

Whenever a value for soil vapour concentration is to be entered in a modified generic risk assessment, the report shall include,

     

    i. a description of the soil vapour analytical methods, data quality objectives, rationale for the selected sampling method, devices and sampling duration,

     

    ii. a description of the standard operating procedures for soil vapour probe installation and soil vapour probe development, performance testing, leak testing, purging and sampling used in the field investigation,

     

    iii. a description of the quality assurance and quality control measures implemented,

     

    iv. soil vapour field data, including leak test data, purge volumes and sample rates,

     

    v. soil vapour laboratory results presented in a tabular format by soil vapour sampling location and probe, including in the table depth to measurement (from soil surface to the top of the probe screening interval) and approved model calculated soil vapour screening level for each volatile contaminant,

     

    vi. soil vapour probe finalized field logs including depths and installation details, and

     

    vii. certificates of analysis or analytical reports for all soil vapour samples.

   

    (x) References

Include a list of all documents or data cited in the report.

7.  (1)  Subject to subsections (2) and (3), this Regulation comes into force on the later of July 1, 2010 and the day this Regulation is filed.

(2)  Subsection 2 (4), section 3 and subsections 4 (1), (3) and (5) come into force on the later of July 1, 2011 and the day this Regulation is filed.

(3)  Subsections 2 (1), (2) and (3) and sections 5 and 6 come into force on the latest of July 1, 2011 and the day on which the last of the following provisions come into force:

1. Section 2, subsections 5 (1), 6 (1), (2), (3) and (5) to (10) and 8 (2), and section 10, of Schedule 13 to the Budget Measures and Interim Appropriation Act, 2007.

2. Subsection 2 (2) and section 4 of Schedule 30 to the Budget Measures and Interim Appropriation Act, 2007.

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