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O. Reg. 179/11: Records of Site Condition - Part XV.1 of the Act

filed May 26, 2011 under Environmental Protection Act, R.S.O. 1990, c. E.19

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ontario regulation 179/11

made under the

Environmental Protection Act

Made: May 17, 2011
Filed: May 26, 2011
Published on e-Laws: May 30, 2011
Printed in The Ontario Gazette: June 11, 2011

Amending O. Reg. 153/04

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

1. (1) The definition of “Soil, Ground Water and Sediment Standards” in subsection 1 (1) of Ontario Regulation 153/04 is amended by striking out “March 9, 2004” at the end and substituting “April 15, 2011”.

(2) Paragraph 2 of the definition of “community use” in subsection 1 (3) of the Regulation is revoked and the following substituted:

2. In respect of the classification of occupancies in Table 3.1.2.1. of Division B of Ontario Regulation 350/06 (Building Code) made under the Building Code Act, 1992, use that falls within,

i. Group A, Division 1, assembly occupancies intended for the production and viewing of the performing arts,

ii. Group A, Division 3, assembly occupancies of the arena type, or

iii. Group A, Division 4, assembly occupancies in which occupants are gathered in the open air and that is used for a stadium.

(3) Clause (d) of the definition of “parkland use” in subsection 1 (3) of the Regulation is revoked and the following substituted:

(d) in respect of the classification of occupancies in Table 3.1.2.1. of Division B of Ontario Regulation 350/06 (Building Code), use that falls within Group A, Division 4, assembly occupancies in which occupants are gathered in the open air other than use for a stadium;  

2. Section 14 of the Regulation is amended by adding the following paragraph:

10. A change from an industrial use, a commercial use or a community use, other than a community use described in subparagraphs i and ii, to a community use,

i. that falls within the classification of occupancies in Group A of Table 3.1.2.1. of Division B of Ontario Regulation 350/06 (Building Code) made under the Building Code Act, 1992, and

ii. that is an indoor swimming pool, an indoor ice rink, an indoor arena, an enclosed stadium, an indoor sports field or an indoor gymnasium.

3. Section 32 of the Regulation, as remade by section 14 of Ontario Regulation 511/09, is amended by adding the following subsection:

(1.1) Clause (1) (a) does not apply if,

(a) a record of site condition has been filed in the Registry under section 168.4 of the Act with respect to the property;

(b) during the phase one environmental site assessment of the property referred to in clause (1) (a), there was no potentially contaminating activity on, in or under the property identified other than potentially contaminating activity identified in the phase one environmental site assessment report of the property which was listed in support of the record of site condition referred to in clause (a); and

(c) the qualified person conducting or supervising the phase one environmental site assessment referred to in clause (1) (a) determines there is no area of potential environmental concern.

4. (1) The definition of “well” in subsection 35 (1) of the Regulation is revoked and the following substituted:

“well” means a hole made in the ground to locate or to obtain ground water which is used or intended for use as a source of water and includes a spring around or in which works are made or equipment is installed for collection or transmission of water, but does not include a hole not used or intended for use as a source of water for agriculture or human consumption, such as,

(a) a hole solely intended to test or to obtain information in respect of ground water or an aquifer, or

(b) a hole solely made to lower or control the level of ground water in the area of the hole or to remove material that may be in the ground water.

(2) Clause 35 (3) (a) of the Regulation, as remade by subsection 15 (2) of Ontario Regulation 511/09, is amended by striking out “for the extraction of ground water” at the end. 

5. Section 33 of Schedule A to the Regulation and section 33 of Schedule A to the Regulation, as remade by subsection 28 (30) of Ontario Regulation 511/09, are revoked. 

6. Subsection 3 (5.1) of Schedule C to the Regulation, as made by subsection 30 (7) of Ontario Regulation 511/09, is amended by striking out “RSC property” and substituting “RA property”.

7. Table 2 of Schedule D to the Regulation is revoked and the following substituted: 

Table 2
Potentially Contaminating Activities

 

Item

Column A

 

Potentially Contaminating Activity

1.

Acid and Alkali Manufacturing, Processing and Bulk Storage

2.

Adhesives and Resins Manufacturing, Processing and Bulk Storage

3.

Airstrips and Hangars Operation

4.

Antifreeze and De-icing Manufacturing and Bulk Storage

5.

Asphalt and Bitumen Manufacturing

6.

Battery Manufacturing, Recycling and Bulk Storage

7.

Boat Manufacturing

8.

Chemical Manufacturing, Processing and Bulk Storage

9.

Coal Gasification

10.

Commercial Autobody Shops

11.

Commercial Trucking and Container Terminals

12.

Concrete, Cement and Lime Manufacturing

13.

Cosmetics Manufacturing, Processing and Bulk Storage

14.

Crude Oil Refining, Processing and Bulk Storage

15.

Discharge of Brine related to oil and gas production

16.

Drum and Barrel and Tank Reconditioning and Recycling

17.

Dye Manufacturing, Processing and Bulk Storage

18.

Electricity Generation, Transformation and Power Stations

19.

Electronic and Computer Equipment Manufacturing

20.

Explosives and Ammunition Manufacturing, Production and Bulk Storage

21.

Explosives and Firing Range

22.

Fertilizer Manufacturing, Processing and Bulk Storage

23.

Fire Retardant Manufacturing, Processing and Bulk Storage

24.

Fire Training

25.

Flocculants Manufacturing, Processing and Bulk Storage

26.

Foam and Expanded Foam Manufacturing and Processing

27.

Garages and Maintenance and Repair of Railcars, Marine Vehicles and Aviation Vehicles

28.

Gasoline and Associated Products Storage in Fixed Tanks

29.

Glass Manufacturing

30.

Importation of Fill Material of Unknown Quality

31.

Ink Manufacturing, Processing and Bulk Storage

32.

Iron and Steel Manufacturing and Processing

33.

Metal Treatment, Coating, Plating and Finishing

34.

Metal Fabrication

35.

Mining, Smelting and Refining; Ore Processing; Tailings Storage

36.

Oil Production

37.

Operation of Dry Cleaning Equipment (where chemicals are used)

38.

Ordnance Use

39.

Paints Manufacturing, Processing and Bulk Storage

40.

Pesticides (including Herbicides, Fungicides and Anti-Fouling Agents) Manufacturing, Processing, Bulk Storage and Large-Scale Applications

41.

Petroleum-derived Gas Refining, Manufacturing, Processing and Bulk Storage

42.

Pharmaceutical Manufacturing and Processing

43.

Plastics (including Fibreglass) Manufacturing and Processing

44.

Port Activities, including Operation and Maintenance of Wharves and Docks

45.

Pulp, Paper and Paperboard Manufacturing and Processing

46.

Rail Yards, Tracks and Spurs

47.

Rubber Manufacturing and Processing

48.

Salt Manufacturing, Processing and Bulk Storage

49.

Salvage Yard, including automobile wrecking

50.

Soap and Detergent Manufacturing, Processing and Bulk Storage

51.

Solvent Manufacturing, Processing and Bulk Storage

52.

Storage, maintenance, fuelling and repair of equipment, vehicles, and material used to maintain transportation systems

53.

Tannery

54.

Textile Manufacturing and Processing

55.

Transformer Manufacturing, Processing and Use

56.

Treatment of Sewage equal to or greater than 10,000 litres per day

57.

Vehicles and Associated Parts Manufacturing

58.

Waste Disposal and Waste Management, including thermal treatment, landfilling and transfer of waste, other than use of biosoils as soil conditioners

59.

Wood Treating and Preservative Facility and Bulk Storage of Treated and Preserved Wood Products

8. (1) Section 6 of Schedule E to the Regulation is amended by adding the following subsections:

(3) The qualified person shall ensure that the site investigation includes investigation, sampling and analysis of ground water on, in or under the phase two property where there is no soil on, in or under the property and either,

(a) an investigation, sampling and analysis of soil on, in or under the property already undertaken,

(i) is not, or cannot be used as part of the phase two environmental site assessment, or

(ii) does not meet the requirements and objectives of a phase two environmental site assessment with respect to soil; or

(b) no investigation, sampling and analysis of soil on, in or under the property has been undertaken.

(4) For the purposes of clause (3) (a), there is no soil on, in or under the property when the soil present is not sufficient to investigate, sample and analyze in a manner which will meet the requirements and objectives of a phase two environmental site assessment.

(2) Clause 7 (4) (c) of Schedule E to the Regulation is revoked and the following substituted:

(c) the delineation is conducted by assuming the lateral and vertical extent of the area in which a contaminant is present at a concentration greater than the applicable site condition standard for that contaminant extends laterally or vertically, as the case may be, from a sampling location at which the contaminant is present at a concentration greater than the applicable site condition standard for the contaminant to the next sampling location at which the concentration of the contaminant is equal to or below the applicable site condition standard for the contaminant.

(3) Paragraph 4 of section 8 of Schedule E to the Regulation is revoked.

(4) Paragraph 4 of section 17 of Schedule E to the Regulation is amended by striking out “an accredited laboratory” and substituting “a laboratory”.

(5) Paragraph 2 of section 40 of Schedule E to the Regulation is revoked and the following substituted: 

2. The requirements of this Schedule and sections 47 and 48 of the regulation applicable to the collection and recording of samples of soil, ground water or sediment and the methods of sampling, analysis of samples and reporting of analytical results apply to confirmation samples.

(6) Paragraph 3 of section 40 of Schedule E to the Regulation is amended by striking out “and” at the end of subparagraph i and by revoking subparagraph ii and substituting the following:

ii. ensure samples are collected and analyzed for each contaminant in any area and medium where the contaminant was present at a concentration greater than the applicable site condition standard or standard specified in a risk assessment for the contaminant before remediation, where the soil, ground water or sediment remains on, in or under the phase two property after remediation, and

iii. ensure samples are collected and analyzed for each contaminant where soil, ground water or sediment has been returned to the phase two property after remediation at a location away from the phase two property.

(7) Paragraph 7 of section 40 of Schedule E to the Regulation is amended by striking out “or all of land” in the portion before subparagraph i and substituting “of the soil”. 

(8) Paragraph 8 of section 40 of Schedule E to the Regulation is amended by striking out the portion before subparagraph i and substituting the following:

8. Where a contaminant is present in ground water on, in or under a phase two property at a concentration greater than the applicable site condition standard for the contaminant or any standard specified in a risk assessment for the contaminant which has been accepted under clause 168.5 (1) (a) of the Act, and actions have been taken on, in or under the phase two property to reduce the concentration of the contaminant to meet the standard which applies to the contaminant in the circumstances, the qualified person shall ensure that,

. . . . .

(9) Sub-subparagraph 8 i B of section 40 of Schedule E to the Regulation is revoked and the following substituted:

B. where the remediation is not remediation described in sub-subparagraph A but is excavation on, in or under the phase two property, until the results from analysis of samples collected from two consecutive quarterly sampling events, the first of which is conducted a minimum of 90 days after the last remedial action, are for all contaminants analyzed below the applicable site condition standards or, where applicable, any standards specified in a risk assessment, and

(10) Section 47 of Schedule E to the Regulation is amended by adding the following subsections:

(4.1) Sub-Heading (iii) (Soil:  Sampling) in Report Section 5 (Investigation Method) of Table 1 of this Schedule and the requirements associated with the sub-heading do not apply unless there has been sampling of soil during the phase two environmental site assessment.

. . . . .

(6.1) The following sub-headings in Report Section 6 (Review and Evaluation) of Table 1 of this Schedule and the requirements associated with the sub-headings do not apply unless there has been sampling of soil during the phase two environmental site assessment:

  (iv) Fine-Medium Soil Texture.

(v) Soil: Field Screening.

  (vi) Soil Quality.

. . . . .

(9.1) The requirements in Report Section 9 (Figures and Tables) of Table 1 of this Schedule which refer to soil data or analytical results of soil sampling do not apply unless there has been sampling of soil during the phase two environmental site assessment.

(11) 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 excavation has been undertaken on, in or under the phase two property,

 

 

 

  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 0.5 m, 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 a 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 a 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) Number of Frozen Ground Days per Year

Whenever an assumed value for frozen days is to be modified in a modified generic risk assessment, the report shall include,

 

 

 

i. the name and location of the meteorological station, and

 

 

 

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

 

 

(xi)  Aquifer Soil Dry Bulk Density

Whenever an assumed value for aquifer soil dry bulk density is to be modified in a modified generic risk assessment, the report shall include,

 

 

 

i. a description of the test method used to determine the aquifer soil bulk density along with the data used for the determination of the test results and a site map showing the sampling points, and

 

 

 

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

 

 

(xii) References

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

(12) Assumption Categories 1 (Fraction of Organic Carbon (FOC) – Water Table to Soil Surface) and 2 (Fraction of Organic Carbon (FOC) – in Upper 0.5 m) of Table 4 of Schedule E to the Regulation are revoked and the following substituted:

 

  1. Fraction of Organic Carbon (FOC) – Water Table to Soil Surface

(a) Determine the FOC in the area between the water table and the soil surface.

  1. Soil samples from at least four continuous borehole cores but not necessarily undisturbed soil samples must be collected at the phase two property for the purpose of defining FOC.

 

 

  2. The samples must be taken from soil between the soil surface and the top of the water table.

 

 

  3. The four sample locations must be chosen so as to provide results for natural (non-anthropogenic) FOC at the property.

 

 

  4. The samples must be taken from soil of the same soil type present in an area where a contaminant is present at a concentration greater than the applicable site condition standard for the contaminant.

 

 

  5. A minimum of one composite soil sample for each sampling location is required for FOC determination.

 

 

  6. Each soil sample for FOC determination shall be analyzed in triplicate.

 

 

  7. The FOC for the phase two property shall be the mean of all the soil samples analyzed for FOC determination.

 

 

  8. At least one soil sample shall be taken at each of the four sampling locations and analyzed for the contaminants of concern or contaminants of potential concern which are organic chemicals and for any other organic chemical detected.

  2. Fraction of Organic Carbon (FOC) – in Upper 0.5 m

(a) Determine the FOC in the upper 0.5 m of soil immediately below soil surface.

  1. Soil samples shall be collected, from at least four locations at the property, each of which is in the upper 0.5 m of soil below soil surface at the time of sampling.

 

 

  2. The sample locations must be chosen so as to provide results for natural (non-anthropogenic) FOC at the phase two property.

 

 

  3. The samples must be taken from soil of the same soil type present in an area where a contaminant is present at a concentration greater than the applicable site condition standard for the contaminant.

 

 

  4. A minimum of one composite soil sample for each sampling location is required for FOC determination.

 

 

  5. The FOC for the phase two property shall be the mean of all the soil samples analyzed for FOC determination.

 

 

  6. At least one soil sample shall be taken at each of the four sampling locations and analyzed for the contaminants of concern or contaminants of potential concern which are organic chemicals and for any other organic chemical detected.

(13) Table 4 of Schedule E to the Regulation is amended by adding the following Assumption Categories:

 

13. Number of Frozen Ground Days per Year

(a) Determine the number of days per year with a maximum temperature of less than 0 degrees Celsius.

  1. Determine the number of frozen days reported by Environment Canada, based on the Canadian Climate Normals, from the nearest meteorological station for which climate norms are reported.

14. Aquifer Soil Dry Bulk Density

(a) Determine the aquifer soil dry bulk density for each aquifer that carries the contaminants of concern to a water body.

  1. Samples of geological materials in the aquifer that carries the contaminants of concern to a water body must be collected from at least two sampling points.

 

 

  2. Each sample must be analyzed by an appropriate field testing method or by a laboratory.

 

 

  3. The aquifer soil dry bulk density is the mean of all analytical results.

9. The following provisions of Ontario Regulation 511/09 are revoked: 

1. Subsections 1 (4), (8), (9) and (12).

2. Subsection 15 (1).

10. The following provisions of Ontario Regulation 245/10 are revoked:

1. Subsection 5 (3).

2. Subsection 6 (2).

11. (1) Subject to subsection (2), this Regulation comes into force on the day it is filed.

(2) Sections 1 to 8 come into force on the later of July 1, 2011 and the day this Regulation is filed.