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O. Reg. 312/17: RECORDS OF SITE CONDITION - PART XV.1 OF THE ACT

filed July 28, 2017 under Environmental Protection Act, R.S.O. 1990, c. E.19

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ontario regulation 312/17

made under the

Environmental Protection Act

Made: July 26, 2017
Filed: July 28, 2017
Published on e-Laws: July 31, 2017
Printed in The Ontario Gazette: August 12, 2017

Amending O. Reg. 153/04

(RECORDS OF SITE CONDITION - PART XV.1 OF THE ACT)

1. Table 1 of Schedule C to Ontario Regulation 153/04 is revoked and the following substituted:

Table 1
Mandatory Requirements for Risk assessment Reports

Column 1
Report Section

Column 2
Heading

Column 3
Sub-Heading

Column 4
Minimum Requirements

1.  Summary of Recommendations and Findings

(a)  Risk Assessment Objectives and Approach

not applicable

1.  Summarize the risk assessment objectives, including those specified in Report Section 4 (Human Health Risk Assessment (HHRA)) and Report Section 5 (Ecological Risk Assessment (ERA)).

2.  Summarize the type or types of risk assessment approaches taken to meet the objectives.

1.  Summary of Recommendations and Findings

(b)  Deviations from Pre-submission Form

not applicable

Describe in detail any deviations from the information provided in the pre-submission form including,

(a)  any changes to the conceptual site model that was submitted as part of the form;

(b)  whether there has been a change in the type of risk assessment approach identified in the form; and

(c)  whether another computer model was used other than the model specified in the form.

1.  Summary of Recommendations and Findings

(c)  Risk Assessment Standards

not applicable

State the proposed standard specified in the risk assessment for each contaminant of concern.

1.  Summary of Recommendations and Findings

(d)  Risk Assessment Assumptions

not applicable

State the assumptions used in determining each standard specified in the risk assessment, including property use assumptions.

1.  Summary of Recommendations and Findings

(e)  Risk Management Requirements

not applicable

State the risk management measures and on-going monitoring, maintenance and contingency plan requirements, if applicable.

2.  Risk Assessment Team Membership

not applicable

not applicable

1.  State the expertise required to complete this risk assessment and design of any risk management measures specified in Report Section 7 (Risk Management Plan) and justify the omission of areas of expertise normally associated with the completion of a risk assessment.

2.  Identify each team member with the expertise necessary to complete the risk assessment and state how their qualifications relate to the given role and expertise required for this risk assessment.

3.  Property Information, Site Plan and Geological Interpretation

(a)  Property Information

not applicable

1.  State the property location and ownership.

2.  Describe the general physical characteristics of the property including size of the property and size of contaminated area.

3.  Provide sufficient detail on the property to support the conceptual site model used in the preparation of the risk assessment report, including,

(a)  a summary of past and current use of property;

(b)  a summary of past and current use of any relevant property that is adjacent to the property;

(c)  a description of off-site sources of contaminants of concern and off-site receptors; and

(d)  an indication of the proposed use of property.

3.  Property Information, Site Plan and Geological Interpretation

(b)  Site Plan and Hydrogeological Interpretation of RA Property

not applicable

Provide the site plans, cross-sections and a hydrogeological interpretation of the RA property that satisfies the requirements of clause 3 (8) (a) and that was relied upon in the preparation of the risk assessment and all documentation used to support this interpretation.

3.  Property Information, Site Plan and Geological Interpretation

(c)  Contaminants of Concern

not applicable

1.  List all of the contaminants of concern.

2.  The contaminants of concern must include the following:

i.  Any contaminants detected on, in or under the RA property that exceed the applicable site condition standards.

ii.  Any contaminants detected on, in or under the RA property and for which no applicable site condition standard is prescribed under Part IX (Site Condition Standards and Risk Assessment) of the regulation.

3.  Property Information, Site Plan and Geological Interpretation

(c)  Contaminants of Concern

(i)  Sampling Programs

1.  With reference to the sampling programs summarized in the appendices to the risk assessment report, describe how the program is adequate for the risk assessment objectives and approach specified in Report Section 1 (Summary of Recommendations and Findings).

2.  In the case of an estimation of natural local background concentration risk assessment, specify the methods that were used to estimate the local background concentrations in soil, including details of,

(a)  any sampling programs undertaken in accordance with subsections 8 (4) to (8);

(b)  any existing geological data, as described in subsection 8 (9) that were used to estimate the natural local background concentrations in place of sampling data.

4.  Human Health Risk Assessment (HHRA)

(a)  Problem Formulation

(i)  Human Health Conceptual Site Model

Provide a human health conceptual site model that,

(a)  satisfies the requirements of clause 3 (8) (b) 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 human health conceptual site model; and

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

4.  Human Health Risk Assessment (HHRA)

(a)  Problem Formulation

(ii)  Risk Assessment Objectives

1.  State the objectives of the human health risk assessment and include an indication of,

(a)  the proposed use of the RA property;

(b)  the receptors and exposure pathways to be assessed by the human health risk assessment;

(c)  whether a qualitative or quantitative assessment of risk or both will be used in the human health risk assessment; and

(d)  the type of approach used for the human health risk assessment.

2.  Demonstrate that the data used for the human health risk assessment is 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 the qualified person has gathered or obtained in conducting the assessment.

3.  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 human health risk assessment; and

(b)  the ability to meet those objectives.

4.  Human Health Risk Assessment (HHRA)

(b)  Exposure Assessment

(i)  Receptor Characteristics

Describe in detail the characteristics of every human receptor, both on and off the RA property, identified in the human health conceptual site model.

4.  Human Health Risk Assessment (HHRA)

(b)  Exposure Assessment

(ii)  Pathway Analysis

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

4.  Human Health Risk Assessment (HHRA)

(b)  Exposure Assessment

 

(iii)  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 human receptors, using measured contaminant exposure concentrations or concentrations predicted through fate and transport modelling; and

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

4.  Human Health Risk Assessment (HHRA)

(c)  Toxicity Assessment

(i)  Nature of Toxicity (Hazard Assessment)

For each contaminant of concern,

(a)  state the potential adverse health effects on the human receptors associated with their exposure to those contaminants; and

(b)  indicate whether the contaminants are carcinogenic or exhibit threshold or non-threshold characteristics.

4.  Human Health Risk Assessment (HHRA)

(c)  Toxicity Assessment

(ii)  Dose Response Assessment

 

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 health effects identified in the hazard assessment;

(b)  if the data permits, identify the appropriate toxicity limit, from published limits available from a credible agency as described in subsection 9 (3) 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 and the dose response assessment, including any gaps or variability in the data and state how such uncertainty could affect these assessments.

4.  Human Health Risk Assessment (HHRA)

(d)  Risk Characterization

(i)  Interpretation of Health Risks

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

4.  Human Health Risk Assessment (HHRA)

(d)  Risk Characterization

 

(ii)  Quantitative Interpretation of Health Risks

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

i.  Provide a comparison of the dose response assessment to the exposure estimate to derive the risk level or hazard quotient 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.

ii.  For each contaminant of concern with non-threshold toxic effects and taking into consideration any risk management measures that are being proposed in the risk assessment, propose and justify a human health standard for the contaminant, ensuring that the standard meets a target risk level of 1 × 10–6 for each environmental medium.

iii.  For each contaminant of concern with threshold toxic effects and taking into consideration any risk management measures that are being proposed in the risk assessment, propose and justify a human health standard for the contaminant, ensuring that each human receptor does not receive an estimated dose exceeding 0.2 × the limit dose (TDI, RfD or RfC) for each environmental medium.  In this paragraph, “TDI” means tolerable daily intake, “RfD” means the reference dose, “RfC” means the reference concentration.  The units used to measure the TDI, the RfD and the RfC must be specified and conform to acceptable conventions.

iv.  If, under paragraph iii, given the circumstances of the human receptors and the characteristics of the contaminant, it is unreasonable to apply a hazard quotient of less than or equal to 0.2 for each environmental medium, a higher hazard quotient may be proposed, if the proposed quotient is accompanied with a detailed site specific multi-media exposure assessment that considers the transport of the contaminant across all environmental media to the human receptors by all exposure pathways and ensures that the standard achieves the same level of protection for each human receptor as is intended to be achieved by the applicable full depth generic site condition standard for that contaminant.

4.  Human Health Risk Assessment (HHRA)

(d)  Risk Characterization

(iii)  Qualitative Interpretation of Health Risks

 

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

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

ii.  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.

iii.  Taking into consideration any risk management measures that are being proposed for the RA property, propose and justify a human health standard for the contaminant.

4.  Human Health Risk Assessment (HHRA)

(d)  Risk Characterization

(iv)  Special Considerations

If section 41 or 43.1 of the regulation applies to a RA property, the justification for the health 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.

4.  Human Health Risk Assessment (HHRA)

(d)  Risk Characterization

(v)  Interpretation of Off-Site Health Risks

For each contaminant of concern, assess whether the human health 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 human receptor located off the RA property and, if this is the case for any contaminant, specify the contaminant, the applicable site condition for that contaminant and the property where the human receptor is located and describe the human receptors that may be impacted.

4.  Human Health Risk Assessment (HHRA)

(d)  Risk Characterization

(vi)  Discussion of Uncertainty

Having regard to the discussions of uncertainty under Heading (b) (Exposure Assessment) and Heading (c) (Toxicity Assessment), state how such uncertainty could affect the interpretation of risk in this report section and the need to manage such risks.

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.

5.  Ecological Risk Assessment (ERA)

(a)  Problem Formulation 

(ii)  Risk Assessment Objectives

1.  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.

2.  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.

3.  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.

5.  Ecological Risk Assessment (ERA)

(b)  Receptor Characterization

not applicable

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

5.  Ecological Risk Assessment (ERA)

(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.

5.  Ecological Risk Assessment (ERA)

(c)  Exposure Assessment

(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).

5.  Ecological Risk Assessment (ERA)

(d)  Hazard Assessment

not applicable

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

2.  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.

5.  Ecological Risk Assessment (ERA)

(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.

5.  Ecological Risk Assessment (ERA)

(e)  Risk Characterization

(ii)  Quantitative Interpretation of Ecological Risks

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

i.  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.

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

iii.  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.

5.  Ecological Risk Assessment (ERA)

(e)  Risk Characterization

(iii)  Qualitative Interpretation of Ecological Risks

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

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

ii.  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.

iii.  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.

5.  Ecological Risk Assessment (ERA)

(e)  Risk Characterization

(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.

5.  Ecological Risk Assessment (ERA)

(e)  Risk Characterization

(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.

5.  Ecological Risk Assessment (ERA)

(e)  Risk Characterization

(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.

6.  Conclusions and Recommendations

not applicable

(i)  Recommended Standards

1.  A standard must be specific in the risk assessment for each contaminant of concern.  The specified standard shall be, at a minimum, the more stringent of the human health standard and the ecological standard being proposed for the RA property.

2.  In the case of an estimation of natural local background concentration risk assessment, the specified standard shall be the local background concentration soil standard proposed under subsection 8 (1).

3.  State critical assumptions on which the standards specified in the risk assessment rely, having regard to the discussion of uncertainty under Heading (d) (Risk Characterization) in Report Section 4 (Human Health Risk Assessment (HHRA)) and under Heading (e) (Risk Characterization) in Report Section 5 (Ecological Risk Assessment (ERA)).

6.  Conclusions and Recommendations

not applicable

(ii)  Special Considerations for Ground Water Standards

If a standard being proposed in the risk assessment for ground water in or under the RA property is greater than 50% of the solubility limit, demonstrate the risk of free product formation and propose any risk management measures necessary in order to mitigate the formation of free product.

7.  Risk Management Plan (if applicable)

(a)  Risk Management Plan

(i)  Risk Management Performance Objectives

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

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

7.  Risk Management Plan (if applicable)

(a)  Risk Management Plan

(ii)  Risk Management Measures

1.  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 applies to the construction of a building on the property; or

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

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

7.  Risk Management Plan (if applicable)

(a)  Risk Management Plan

(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.

7.  Risk Management Plan (if applicable)

(a)  Risk Management Plan

(iv)  Requirements for Monitoring and Maintenance

1.  Specify the designed lifespan of the measure, if applicable.

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

i.  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”.

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

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

8.  Public Communication Plan (if applicable)

(a)  Public Communication Plan

(i)  Optional Communication Plans

If the owner has implemented a plan to consult the public as part of the development of the risk assessment, provide,

(a)  a description of the plan, including any opportunities given to the public to comment on the proposed risk assessment;

(b)  a summary of the comments received during the consultation; and

(c)  a description of how the public comments were considered as part of the risk assessment process.

8.  Public Communication Plan (if applicable)

(a)  Public Communication Plan

(ii)  Required Communication Plans For RA Properties in Wider Area of Abatement

If the risk assessment has been identified by the Ministry as relating to a property located within a wider area of abatement under section 10, the risk assessment shall include,

(a)  a description of the public communication plan required by clause 10 (2) (b) including any opportunities given to the public to comment on the proposed risk assessment;

(b)  a summary of the comments received during consultation under the plan;

(c)  a description of how the public comments were considered as part of the risk assessment process; and

(d)  a copy of all the written comments received from the Ministry under clause 10 (2) (a).

2. Table 1 of Schedule D to the Regulation is revoked and the following substituted:

TABLE 1
MANDATORY REQUIREMENTS FOR PHASE ONE ENVIRONMENTAL SITE ASSESSMENT REPORTS

Column 1
Report Section

Column 2
Heading

Column 3
Sub-Heading

Column 4
Minimum Requirements

1.  Executive Summary

not applicable

not applicable

Provide a brief summary of the contents of the Report.

2.  Introduction

(a)  Phase One Property Information

not applicable

Include the following and any other relevant introductory material concerning the phase one property and the phase one environmental site assessment:

i.  The municipal address and property identifier number, if any, of the phase one property.

ii.  The name and address and other contact information for the owner of the phase one property and the name, status and other contact information for any other person who has engaged the qualified person to conduct the phase one environmental site assessment.

3.  Scope of Investigation

not applicable

not applicable

Provide an overview of the phase one environmental site assessment conducted with respect to the phase one property.

4.  Records Review

(a)  General

(i)  Phase One Study Area Determination

Document, with reference to details of the relevant property, the rationale for the determination that the phase one study area should or should not include a property that is not located, wholly or partly, within 250 metres from the nearest point on a boundary of the phase one property.

4.  Records Review

(a)  General

(ii)  First Developed Use Determination

Document, with reference to details of the phase one property, the rationale for the determination of the date of the first developed use of the phase one property.

4.  Records Review

(a)  General

(iii)  Fire Insurance Plans

Make a summary of each fire insurance plan reviewed including,

i.  date and description of the area covered with reference to the phase one property,

ii.  lot and address numbers,

iii.  lot sizes and description of structures and other improvements, and

iv.  relevant information gleaned from the plan concerning potentially contaminating activity and areas of potential environmental concern.

4.  Records Review

(a)  General

(iv)  Chain of Title

1.  Prepare an up-to-date chronological chain of title that shows the owners’ names and dates of ownership for the phase one property based on a search of the title of the phase one property that goes back to the date of the first developed use of the phase one property, unless other information from the records review satisfies the objectives of the records review and a title search back to the date of the first developed use would not contribute to obtaining information about the environmental condition of the phase one property.

2.  Document and provide a rationale for the period chosen for the search of title of the phase one property, with details of any information relied on in lieu of conducting a title search back to the date of the first developed use of the phase one property, where a title search of the phase one property has not been conducted back to the date of the first developed use of the phase one property.

4.  Records Review

(a)  General

(v)  Environmental Reports

Provide a list and summary of reports referred to in paragraph 4 of subsection 3 (2), if any, including,

i.  the title, date, name of the property owner or other person funding the work and the report,

ii.  the author of the report, and

iii.  a description of data, analysis and findings relevant to the phase one environmental site assessment, such as the existence of an area of potential environmental concern.

4.  Records Review

(b)  Environmental Source Information

not applicable

Provide the list and summary of information or documents referred to in paragraph 7 of subsection 3 (2) including,

i.  the title of the information or document, and

ii.  a detailed description of data, analysis or findings relevant to the phase one environmental site assessment, such as the existence of an area of potential environmental concern.

4.  Records Review

(c)  Physical Setting Sources

(i)  Aerial Photographs

1.  Where possible, provide the series of aerial photographs of the phase one study area referred to in paragraph 9 of subsection 3 (2).

2.  Where there is a series of aerial photographs,

i.  provide a list of the aerial photographs of the phase one study area,

ii.  provide a rationale for the time period between aerial photographs used,

iii.  identify the date of the earliest aerial photographs available and their source, and

iv.  summarize the information gleaned from the series of aerial photographs.

4.  Records Review

(c)  Physical Setting Sources

(ii)  Topography, Hydrology, Geology

1.  Provide topographic maps (Ontario Base Map series) referred to in paragraph 10 of subsection 3 (2) which illustrate the location of the phase one property in relation to any water bodies in the phase one study area and provide a description of regional topography.

2.  Describe regional physiography, including surficial soil and bedrock characteristics of the phase one study area based on physiographic maps or other similar documents referred to in paragraph 11 of subsection 3 (2).

3.  Describe the geology, including the stratigraphy of the overburden from ground surface to bedrock, the approximate depth to bedrock and type of bedrock of the phase one study area based on geological maps or other similar documents referred to in paragraph 12 of subsection 3 (2) and well records and other relevant data referred to in paragraph 13 of subsection 3 (2).

4.  Records Review

(c)  Physical Setting Sources

(iii)  Fill Materials

Describe any areas of disturbed soil or fill areas on the phase one property.

4.  Records Review

(c)  Physical Setting Sources

(iv)  Water Bodies and Areas of Natural Significance

Describe any water bodies and any areas of natural significance in the phase one study area.

4.  Records Review

(c)  Physical Setting Sources

(v)  Well Records

Provide well records and other relevant data referred to in paragraph 13 of subsection 3 (2), and a description of them, which identifies the presence of wells, helps determine the hydrogeological and geological characteristics of the phase one study area and describes,

i.  the location of any such wells,

ii.  the stratigraphy of the overburden, from ground surface to bedrock,

iii.  approximate depth to bedrock, and

iv.  approximate depth to the water table.

4.  Records Review

(d)  Site Operating Records

not applicable

Where applicable, provide a list and summary of the information and documents referred to in paragraph 14 of subsection 3 (2) including,

i.  the title of the information or document, and

ii.  a detailed description of data, analysis or findings relevant to the phase one environmental site assessment such as the existence of an area of potential environmental concern.

5.  Interviews

not applicable

not applicable

1.  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.

2.  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.

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

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

6.  Site Reconnaissance

(a)  General Requirements

not applicable

1.  Provide 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.

2.  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 documenting any areas of potential environmental concern and illustrating any relevant structures and areas of disturbed soils, including fill areas, and

ii.  a written description and explanation of the photographs, including an orientation by compass of the photograph and a description of the photograph with respect to other photographs, records and figures.

6.  Site Reconnaissance

(b)  Specific Observations at Phase One Property

not applicable

1.  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.

2.  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.

3.  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.

4.  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.

5.  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.

6.  Site Reconnaissance

(b)  Specific Observations at Phase One Property

(i)  Enhanced Investigation Property

1.  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.

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

6.  Site Reconnaissance

(c)  Written Description of Investigation

not applicable

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.

7.  Review and Evaluation of Information

not applicable

(i)  Current and Past Uses

1.  Provide a table of current and past uses of the phase one property in a form approved by the Director.

2.  Provide a description of the current and past uses of the phase one property to its first developed use.

7.  Review and Evaluation of Information

not applicable

(ii)  Potentially Contaminating Activity

1.  Provide a list and description of each potentially contaminating activity on, in or under the phase one property.

2.  Provide a list and description of each potentially contaminating activity in the phase one study area that may be contributing to an area of potential environmental concern.

7.  Review and Evaluation of Information

not applicable

(iii)  Areas of Potential Environmental Concern

1.  Provide a table of areas of potential environmental concern in a form approved by the Director.

2.  Provide documentation and rationale for the conclusion referred to in clause 16 (3) (a) as to the existence of areas of potential environmental concern including,

i.  a discussion of the logic and reasoning used by the qualified person to evaluate the available information,

ii.  a summary and description of any areas of potential environmental concern determined to exist,

iii.  a summary, description and rationale for contaminants of potential concern identified with respect to each area of potential environmental concern determined to exist, and

iv.  a discussion and description of how any uncertainty or absence of information obtained in each of the components of the phase one environmental site assessment could affect the conclusion.

7.  Review and Evaluation of Information

not applicable

(iv)  Phase One Conceptual Site Model

1.  Provide one or more figures of the phase one study area that,

i.  show any existing buildings and structures,

ii.  identify and locate water bodies located in whole or in part on the phase one study area,

iii.  identify and locate any areas of natural significance located in whole or in part on the phase one study area,

iv.  locate any drinking water wells at the phase one property,

v.  show roads, including names, within the phase one study area,

vi.  show uses of properties adjacent to the phase one property,

vii.  identify and locate areas where any potentially contaminating activity has occurred, and show tanks in such areas, and

viii.  identify and locate any areas of potential environmental concern.

2.  Provide a description and assessment of,

i.  any areas where potentially contaminating activity on or potentially affecting the phase one property has occurred,

ii.  any contaminants of potential concern,

iii.  the potential for underground utilities, if any present, to affect contaminant distribution and transport,

iv.  available regional or site specific geological and hydrogeological information, and

v.  how any uncertainty or absence of information obtained in each of the components of the phase one environmental site assessment could affect the validity of the model.

8.  Conclusions

not applicable

(i)  Whether Phase Two Environmental Site Assessment Required Before Record of Site Condition Submitted

Provide documentation and rationale for the conclusion referred to in clause 16 (3) (d) as to whether a phase two environmental site assessment is required before a record of site condition may be submitted with respect to all or part of the phase one property including,

i.  a discussion of the logic and reasoning used by the qualified person to evaluate the available information, and

ii.  identification and reporting of data sources for the conclusion, with reference to the specific data and source used in reaching the conclusion.

8.  Conclusions

not applicable

(ii)  Record of Site Condition Based on Phase One Environmental Site Assessment Alone

Provide a rationale, where a record of site condition is to be filed based on the phase one environmental site assessment, for why the phase one property is suitable for any of the types of property use listed in subsection 1 (2) of the regulation.

8.  Conclusions

not applicable

(iii)  Signatures

1.  Provide original signatures of the qualified person who conducted or supervised the phase one environmental site assessment.

2.  Provide a statement by the qualified person confirming the carrying out of the phase one environmental site assessment and the findings and conclusions of the report.

9.  References

not applicable

not applicable

The phase one environmental site assessment report shall include a list of all documents or data cited in the report.

10.  Appendices

not applicable

not applicable

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

2.  Provide a topographic map (Ontario Base Map series) that includes the phase one study area.

3. Table 1 of Schedule E to the Regulation is revoked and the following substituted:

TABLE 1
MANDATORY REQUIREMENTS FOR PHASE two ENVIRONMENTAL SITE ASSESSMENT REPORTS

Column 1
Report Section

Column 2
Heading

Column 3
Sub-Heading

Column 4
Minimum Requirements

1.  Executive Summary

not applicable

not applicable

Provide a brief summary of the report.

2.  Introduction

not applicable

(i)  Site Description

Provide the following,

i.  municipal address and property identifier number, if any, of the phase two property, and

ii.  size and boundaries of the phase two property.

2.  Introduction

not applicable

(ii)  Property Ownership

Provide the name and address and other contact information for the owner of the phase two property and the name, status and other contact information for any other person who has engaged the qualified person to conduct the phase two environmental site assessment.

2.  Introduction

not applicable

(iii)  Current and Proposed Future Uses

Provide the identification of the current and proposed uses of the phase two property, and whether, if the proposed use is undertaken, section 168.3.1 of the Act would prohibit the new use unless a record of site condition is filed.

2.  Introduction

not applicable

(iv)  Applicable Site Condition Standard

Provide identification of and rationale for the choice of the applicable site condition standard for the phase two property, based on consideration of matters relevant to the choice, including sections 35, 41 and 43.1 of the regulation, the current and proposed use of the property, soil texture of the property and proposed grading of the property following adoption of the proposed use.

3.  Background Information

not applicable

(i)  Physical Setting

Provide a description of the general physical setting of the phase two property including,

i.  water bodies and areas of natural significance within the phase one study area, and

ii.  the topography and surface water drainage features on the phase two property.

3.  Background Information

not applicable

(ii)  Past Investigations

Provide,

i.  a summary of any relevant past investigations of the phase two property, and

ii.  documentation of the steps taken to confirm that information or data which are to be used from previous investigations are of adequate quality such that it can be relied upon.

4.  Scope of the Investigation

not applicable

(i)  Overview of Site Investigation

Provide an overview of the site investigation conducted with respect to the phase two property.

4.  Scope of the Investigation

not applicable

(ii)  Media Investigated

Provide,

i.  the rationale for whether to include in the field investigation sampling and analysis of each of ground water and sediment on, in or under the phase two property, and

ii.  an overview of the field investigation of each medium for which sampling and analysis were done.

4.  Scope of the Investigation

not applicable

(iii)  Phase One Conceptual Site Model

Provide a description of the phase one conceptual site model prepared as part of the phase one environmental site assessment report and of relevant subsequently acquired information.

4.  Scope of the Investigation

not applicable

(iv)  Deviations From Sampling and Analysis Plan

Provide a description of any deviations from the sampling and analysis plan.

4.  Scope of the Investigation

not applicable

(v)  Impediments

Provide a description of any physical impediments and documentation of any denial of access.

5.  Investigation Method

not applicable

(i)  General

Provide a brief description of all methods as specified in the following sections. Where the method differs from the associated standard operating procedure, provide a detailed description of the method used, and a rationale for the change in method.

5.  Investigation Method

not applicable

(ii)  Drilling and Excavating

Provide for each borehole drilled or test pit excavated,

i.  the name of the contractor,

ii.  a description of the equipment used,

iii.  a description of the measures taken to minimize the potential for cross-contamination, and

iv.  the frequency of sample collection.

5.  Investigation Method

not applicable

(iii)  Soil: Sampling

Provide,

i.  a description of all equipment used to collect soil samples, and

ii.  a geological description of soil and sediment cores and samples, based on the finalized field logs for each monitoring well, test hole or intrusive investigation point.

5.  Investigation Method

not applicable

(iv)  Field Screening Measurements

1.  Provide a description of any equipment used to perform field screening measurements including,

i.  make and model number,

ii.  chemicals the equipment can detect and associated detection limits,

iii.  precision of the measurements,

iv.  accuracy of the measurements,

v.  calibration reference standards such as span gas, and

vi.  procedures for checking calibration of the equipment.

2.  Provide a description of how field screening measurements were used to select samples for laboratory analysis, if applicable.

3.  Where a field screening method was different from what was proposed as a standard operating procedure in the sampling and analysis plan, provide a description of, and rationale for, the difference.

5.  Investigation Method

not applicable

(v)  Ground Water: Monitoring Well Installation

1.  For each monitoring well installed provide,

i.  the name of the contractor,

ii.  a description of the equipment used,

iii.  a description of the measures taken to minimize the potential for cross-contamination, and

iv.  the frequency of sample collection during drilling, if any.

2.  Provide a description of the methods used to develop monitoring wells.

5.  Investigation Method

not applicable

(vi)  Ground Water: Field Measurement of Water Quality Parameters

Provide a description of the methods used to measure water quality parameters such as pH, specific conductance and temperature.

5.  Investigation Method

not applicable

(vii)  Ground Water: Sampling

Provide a description of the methods used to conduct ground water sampling.

5.  Investigation Method

not applicable

(viii)  Sediment: Sampling

Provide a description of the methods used to collect sediment samples.

5.  Investigation Method

not applicable

(ix)  Analytical Testing

Provide the names of all laboratories used for analysis of soil, sediment or ground water samples.

5.  Investigation Method

not applicable

(x)  Residue Management Procedures

Provide detailed documentation of procedures used for the management of residues from the field investigation including,

i.  soil cuttings from drilling and excavations,

ii.  water from well development and purging, and

iii.  fluids from equipment cleaning.

5.  Investigation Method

not applicable

(xi)  Elevation Surveying

Provide an accurate specification of the location of any benchmark used in surveying of elevations.

5.  Investigation Method

not applicable

(xii)  Quality Assurance and Quality Control Measures

Provide,

i.  a description of sample containers, preservation, labelling, handling and custody for samples submitted for laboratory analysis, including any deviations from the sampling and analysis plan,

ii.  a description of equipment cleaning procedures followed during all sampling,

iii.  a description of how the field quality control measures referred to in subsection 3 (3) were carried out, and

iv.  a description of, and rationale for, any deviations from the procedures set out in the quality assurance and quality control program set out in the sampling and analysis plan.

6.  Review and Evaluation

not applicable

(i)  Geology

Provide a description and analysis of each aquifer and aquitard investigated pursuant to section 12 including,

i.  estimated thickness of each geologic unit,

ii.  elevations, relative to a geodetic benchmark or other permanent and recoverable benchmark, of the top and bottom of each geologic unit,

iii.  geological and other material in each geological unit,

iv.  the properties of each aquifer and aquitard, and

v.  the rationale for the choice of aquifers and aquitards investigated as it relates to identification of the location, presence, release, concentration, migration or retention of a contaminant.

6.  Review and Evaluation

not applicable

(ii)  Ground Water: Elevations and Flow Direction

1.  Provide,

i.  a discussion of, and rationale for, locations and screened intervals of monitoring wells used for interpretations of ground water flow direction,

ii.  results of any measurements taken using an interface probe during water level measurements, and

iii.  measurements of the thickness of any free flowing product present in monitoring wells.

2.  Provide a description of the method used to calculate ground water elevation in the monitoring well, including,

i.  a description of the ground water elevations from all monitoring events in any aquifer investigated,

ii.  a description of the interpreted direction of ground water flow at the phase two property,

iii.  assessment of the potential for temporal variability in ground water flow direction, and

iv.  an evaluation and description of the potential interaction between any buried utilities in or under the phase two property and the water table.

6.  Review and Evaluation

not applicable

(iii)  Ground Water: Hydraulic Gradients

Provide,

i.  a description of the horizontal hydraulic gradient for each aquifer investigated, including minimum, maximum and average horizontal hydraulic gradients, and

ii.  a description of vertical hydraulic gradients in aquifers where a contaminant is present at a concentration greater than the applicable site condition standard for the contaminant, including minimum, maximum and average vertical hydraulic gradients.

6.  Review and Evaluation

not applicable

(iv)  Fine-Medium Soil Texture

Where fine-medium soil texture is to be used in determining the applicable site condition standards, provide,

i.  a rationale for the use of the fine-medium soil texture category,

ii.  a description of the results of the required grain size analysis, and

iii.  a description and rationale for the number of samples collected and analyzed.

6.  Review and Evaluation

not applicable

(v)  Soil: Field Screening

Provide a discussion of soil field screening results.

6.  Review and Evaluation

not applicable

(vi)  Soil Quality

Provide a discussion and analysis of the laboratory analytical results for all soil samples analyzed including,

i.  locations and depths of samples,

ii.  comparison of analytical results to applicable site conditions standards,

iii.  contaminants of concern,

iv.  contaminants related to chemical and biological transformations that have or may have occurred,

v.  whether the results indicate soil serves as a source of contaminant mass contributing to ground water or sediment, and

vi.  whether the results indicate the presence of light or dense non-aqueous phase liquids.

6.  Review and Evaluation

not applicable

(vii)  Ground Water Quality

Provide a discussion and analysis of the laboratory analytical results for all ground water samples analyzed including,

i.  locations and sample depth interval of samples,

ii.  documentation of any field filtering,

iii.  comparison of analytical results to applicable site conditions standards,

iv.  contaminants of concern,

v.  contaminants related to chemical and biological transformations that have or may have occurred,

vi.  whether the results indicate soil serves as a source of contaminant mass contributing to ground water or sediment, and

vii.  whether the results indicate the presence of light or dense non-aqueous phase liquids.

6.  Review and Evaluation

not applicable

(viii)  Sediment Quality

Provide a discussion and analysis of the laboratory analytical results for any sediment samples analyzed including,

i.  locations and depths of samples,

ii.  comparison of analytical results to applicable site conditions standards,

iii.  contaminants of concern,

iv.  contaminants related to chemical and biological transformations that have or may have occurred, and

v.  whether the results indicate the presence of light or dense non-aqueous phase liquids.

6.  Review and Evaluation

not applicable

(ix)  Quality Assurance and Quality Control Results

1.  Provide a description of the types of quality control samples collected and results of any other quality assurance and quality control measures taken during the field investigation, including the types of quality control samples, the media sampled, and the importance of the results with respect to ensuring the data are useful, appropriate and accurate in the determination of whether the phase two property, or any RSC property within it, meets the applicable site condition standards and any standards specified in a risk assessment.

2.  Provide a description of each instance where a sample was not handled in accordance with the Analytical Protocol with respect to,

i.  holding time,

ii.  preservation method,

iii.  storage requirement, or

iv.  container type.

3.  Provide a statement, with respect to subsection 47 (3) of the regulation that,

i.  all certificates of analysis or analytical reports received pursuant to clause 47 (2) (b) of the regulation comply with subsection 47 (3),

ii.  a certificate of analysis or analytical report has been received for each sample submitted for analysis, and

iii.  all certificates of analysis or analytical reports received have been included in full in an appendix to the phase two environmental site assessment report.

4.  Provide a description of each instance where a laboratory qualified any results or made remarks in a certificate of analysis or analytical report about a sample and include a discussion of the validity of any results qualified.

5.  Provide a discussion of the overall quality of the field data from the investigation with respect to the data quality objectives, to demonstrate that,

i.  decision-making was not affected, and

ii.  the overall objectives of the investigation and the assessment were met.

6.  Review and Evaluation

not applicable

(x)  Phase Two Conceptual Site Model

1.  Provide a narrative description and assessment of,

i.  areas where potentially contaminating activity has occurred,

ii.  areas of potential environmental concern, and

iii.  any subsurface structures and utilities on, in or under the phase two property that may affect contaminant distribution and transport.

2.  Provide a narrative description of and, as appropriate, figures illustrating, the physical setting of the phase two property and any areas under it including,

i.  stratigraphy from ground surface to the deepest aquifer or aquitard investigated,

ii.  hydrogeological characteristics, including aquifers, aquitards and, in each hydrostratigraphic unit where one or more contaminants are present at concentrations above the applicable site condition standards, lateral and vertical hydraulic gradients,

iii.  approximate depth to bedrock,

iv.  approximate depth to water table,

v.  any respect in which section 41 or 43.1 of the regulation applies to the property,

vi.  areas where soil has been brought from another property and placed on, in or under the phase two property, and

vii.  approximate locations, if known, of any proposed buildings and other structures.

3.  Provide, where a contaminant is present on, in or under the phase two property at a concentration greater than the applicable site condition standard, identification of,

i.  each area where a contaminant is present on, in or under the phase two property at a concentration greater than the applicable site condition standard,

ii.  the contaminants associated with each of the areas referred to in subparagraph i,

iii.  each medium in which a contaminant associated with an area referred to in subparagraph i is present,

iv.  a description and assessment of what is known about each of the areas referred to in subparagraph i,

v.  the distribution, in each of the areas referred to in subparagraph i, of each contaminant present in the area at a concentration greater than the applicable site condition standard, for each medium in which the contaminant is present, together with figures showing the distribution,

vi.  anything known about the reason for the discharge of the contaminants present on, in or under the phase two property at a concentration greater than the applicable site condition standard into the natural environment,

vii.  anything known about migration of the contaminants present on, in or under the phase two property at a concentration greater than the applicable site condition standard away from any area of potential environmental concern, including the identification of any preferential pathways,

viii.  climatic or meteorological conditions that may have influenced distribution and migration of the contaminants, such as temporal fluctuations in ground water levels, and

ix.  if applicable, information concerning soil vapour intrusion of the contaminants into buildings including,

A.  relevant construction features of a building, such as a basement or crawl space,

B.  building heating, ventilating and air conditioning design and operation, and

C.  subsurface utilities.

4.  Provide, where contaminants on, in or under the phase two property are present at concentrations greater than the applicable site condition standard, one or more cross-sections showing,

i.  the lateral and vertical distribution of a contaminant in each area where the contaminant is present at a concentration greater than the applicable site condition standard in soil, ground water and sediment,

ii.  approximate depth to water table in each area referred to in subparagraph i,

iii.  stratigraphy from ground surface to the deepest aquifer or aquitard investigated, and

iv.  any subsurface structures and utilities that may affect contaminant distribution and transport in each area referred to in subparagraph i.

5.  Provide, 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, a diagram identifying, with narrative explanatory notes,

i.  the release mechanisms,

ii.  contaminant transport pathway,

iii.  the human and ecological receptors located on, in or under the phase two property,

iv.  receptor exposure points, and

v.  routes of exposure.

7.  Conclusions

not applicable

not applicable

Provide a summary of the information about the following:

i.  the location and concentration of contaminants in the land or water on, in or under the phase two property,

ii.  environmental conditions in the land or water on, in or under the phase two property where it is necessary to undertake a risk assessment with respect to one or more contaminants of concern, and

iii.  whether applicable site condition standards and standards specified in a risk assessment for contaminants on, in or under the phase two property were met as of the certification date.

7.  Conclusions

not applicable

(i)  Signatures

Provide,

i.  original signatures of the qualified person who conducted or supervised the phase two environmental site assessment, and

ii.  a statement by the qualified person confirming the carrying out of the phase two environmental site assessment and the findings and conclusions of the report.

8.  References

not applicable

not applicable

Ensure that the phase two environmental site assessment report includes a list of all documents or data cited in the report.

9.  Figures and Tables

(a)  Tables

(i)  Monitoring Well Installation

Provide a table showing construction details and elevations for all monitoring wells installed during the field investigation.

9.  Figures and Tables

(a)  Tables

(ii)  Water Levels

Provide a table showing all water level measurements for all monitoring events at or under the phase two property, including depth to water reported as elevations to the nearest centimetre relative to a geodetic or permanent and recoverable benchmark and reference elevations.

9.  Figures and Tables

(a)  Tables

(iii)  LNAPLs and DNAPLs

Provide a table showing all light or dense non-aqueous phase liquid measurements at or under the phase two property, reported as elevations to the nearest centimetre relative to a geodetic or permanent and recoverable benchmark and reference elevations.

9.  Figures and Tables

(a)  Tables

(iv)  Soil Data

Provide one or more tables that,

i.  show soil quality data contained in laboratory certificates of analysis of samples taken at or under the phase two property,

ii.  include the borehole, test hole, test pit or monitoring well identification number, sample depths, sample identification number, date of sample collection, date of analysis and laboratory certificate of analysis or analytical report reference number, and

iii.  include a comparison of the data to applicable site condition standards.

9.  Figures and Tables

(a)  Tables

(v)  Ground Water Data

Provide one or more tables that,

i.  show any ground water quality data contained in laboratory certificates of analysis of samples taken at or under the phase two property,

ii.  include the test hole or monitoring well identification number, sample identification number, sampling depth intervals, date of sample collection, date of analysis and laboratory certificate of analysis or analytical report reference number, and

iii.  include a comparison of the data to applicable site condition standards.

9.  Figures and Tables

(a)  Tables

(vi)  Sediment Data

Provide one or more tables that,

i.  summarize all sediment quality data contained in laboratory certificates of analysis of samples taken at or under the phase two property,

ii.  include the sample identification number, sampling depths, date of sample collection, date of analysis and laboratory certificate of analysis or analytical report reference number, and

iii.  include a comparison of the data to applicable site condition standards.

9.  Figures and Tables

(a)  Tables

(vii)  Ground Water, Sediment and Soil Maximum Concentration Data

Provide a table showing, for each contaminant for which sampling and analysis has been performed, the maximum known concentration of each contaminant on, in or under the phase two property as of the certification date including,

i.  the location and unique identification number of each borehole, test pit, test hole or monitoring well from which the sample showing the maximum concentration was collected, and

ii.  the relevant soil sampling depths, sediment sampling depths, and ground water sampling depth intervals.

9.  Figures and Tables

(b)  Figures

(i)  Areas of Natural Significance and Water Bodies

Provide a figure that illustrates the location of any,

i.  area of natural significance that includes the phase two property, that is adjacent to the phase two property or that is located, wholly or partly, on the phase two property or within 30 metres of the phase two property or part of the phase two property, and

ii.  water body located adjacent to the phase two property, wholly or partly on the phase two property, within 30 metres of the phase two property or part of the phase two property.

9.  Figures and Tables

(b)  Figures

(ii)  Property Before Actions Taken to Reduce the Concentration of Contaminants

Provide a figure showing, in a plan view, all features relevant to the phase two environmental site assessment prior to any actions being taken to reduce the concentration of contaminants, including,

i.  areas where a contaminant is present at a concentration greater than the applicable site condition standards for the contaminant, and

ii.  the locations of buildings, storage tanks, drainage features and fill areas on or under the phase two property.

9.  Figures and Tables

(b)  Figures

(iii)  Interpreted Contours of Ground Water Elevations

Provide a figure showing the phase two property that shows interpreted contours of the ground water elevations for each hydrostratigraphic unit where at least three monitoring wells have been installed to permit contouring and includes,

i.  monitoring well identification numbers,

ii.  water elevation at each monitoring well used for contouring,

iii.  labelling of the elevation contour,

iv.  ground water elevations contoured, which shall obey and not extend outside the dataset, and

v.  arrows indicating the qualified person’s interpretation of lateral ground water flow direction at the phase two property.

9.  Figures and Tables

(b)  Figures

(iv)  Contaminants in Soil Before Actions Taken to Reduce the Concentration of Contaminants

Where one or more contaminants in soil at or under the phase two property are present at a concentration greater than the applicable site condition standard for the contaminant prior to any actions taken to reduce the concentration of contaminants, provide one or more figures in plan view of the phase two property that show the concentration of contaminants as analyzed in an accredited laboratory, in all boreholes, test holes, test pits and any other soil sampling locations.

9.  Figures and Tables

(b)  Figures

(v)  Contaminants in Ground Water Before Actions Taken to Reduce the Concentration of Contaminants

Where one or more contaminants in ground water at or under the phase two property are greater than the applicable site condition standard prior to any actions taken to reduce the concentration of contaminants, provide one or more figures in plan view of the phase two property that show the concentration of contaminants, as analyzed in an accredited laboratory, in all monitoring wells and test holes.

9.  Figures and Tables

(b)  Figures

(vi)  Contaminants in Sediment Before Actions Taken to Reduce the Concentration of Contaminants

Where one or more contaminants in sediment at or under the phase two property are greater than the applicable site condition standard prior to any actions taken to reduce the concentration of contaminants, provide one or more figures in plan view of the phase two property that show the concentration of contaminants, as analyzed in an accredited laboratory, in all sediment sample locations.

9.  Figures and Tables

(b)  Figures

(vii)  Delineation

Provide figures showing the phase two property in a plan view and illustrating the delineation of the lateral and vertical extent of contaminants of concern in soil, ground water or sediment for each area where contaminants are present at concentrations greater than the applicable site condition standard including,

i.  sampling locations,

ii.  sample identification number,

iii.  sampling point,

iv.  sampling depths,

v.  sampling depth intervals,

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

vii.  the applicable site condition standard or standard specified in a risk assessment for each contaminant analyzed.

9.  Figures and Tables

(b)  Figures

(viii)  Contaminants of Concern in Areas of Potential Environmental Concern

Provide cross-sections that are oriented parallel and perpendicular to the direction of ground water flow at the phase two property illustrating,

i.  the delineation of the lateral and vertical extent of contaminants of concern in soil, ground water or sediment for each area of potential environmental concern and showing sample locations, sampling identification numbers, sampling points and sampling depths,

ii.  concentration of contaminants analyzed in an accredited laboratory,

iii.  in highlighting, all concentrations of contaminants in excess of the applicable site condition standard or standard specified in a risk assessment, and

iv.  the stratigraphy from ground surface to the deepest aquifer or aquitard investigated.

10.  Appendices

(a)  General

(i)  Sampling and Analysis Plan

Provide the sampling and analysis plan for the site investigation.

10.  Appendices

(a)  General

(ii)  Finalized Field Logs

Provide all finalized field logs.

10.  Appendices

(a)  General

(iii)  Certificates of Analysis or Analytical Reports from Laboratories

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

10.  Appendices

(a)  General

(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.

10.  Appendices

(a)  General

(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.

10.  Appendices

(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.

10.  Appendices

(b)  Remediation

(ii)  Remedial Actions

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

i.  the rationale for each method used,

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

iii.  the location of the remedial action.

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

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

i.  the rationale for each method used,

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

iii.  the location of the remedial action.

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

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

i.  the rationale for each method used,

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

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

6.  Provide an estimate of the quantity of sediment treated or removed from the property.

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

8.  Provide 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.

9.  Provide 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.

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

10.  Appendices

(b)  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.

10.  Appendices

(b)  Remediation

(iv)  Confirmation Sampling and Analysis

1.  Provide 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.

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

3.  Provide 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.

4.  Provide 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.

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

6.  Provide 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.

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

8.  Provide 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.

9.  Provide 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.

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

i.  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,

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

iii.  the sample identification number,

iv.  soil or sediment sample depth,

v.  ground water sampling depth interval,

vi.  date of sample collection,

vii.  date of sample analysis, and

viii.  laboratory certificate of analysis or analytical report reference number.

11.  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,

i.  sampling points,

ii.  sample identification number,

iii.  sampling depth intervals, and

iv.  concentrations of contaminants as analyzed in an accredited laboratory.

12.  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,

i.  sampling points,

ii.  sample identification number,

iii.  sampling depth intervals,

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

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

13.  Provide 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.

14.  Provide 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.

10.  Appendices

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

(i)  Soil Brought to the Phase Two Property

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

2.  Provide a description of the soil sampling activities conducted, including,

i.  the number of samples analyzed,

ii.  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,

iii.  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,

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

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

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

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

viii.  tables,

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

B.  comparing the analytical results to the applicable site condition standard for each contaminant analyzed.

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

10.  Appendices

(c)  Soil Excavated at or 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.

10.  Appendices

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

(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.

10.  Appendices

(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.

10.  Appendices

(d)  Modified Generic Risk Assessment

(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.

10.  Appendices

(d)  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.  the location of monitoring wells, ground water flow direction, interpreted flow pathways from each area to the nearest water body, and 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.

10.  Appendices

(d)  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.

10.  Appendices

(d)  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.

10.  Appendices

(d)  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.

10.  Appendices

(d)  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 the following contents:

1.  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,

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

ii.  grain size distribution curves,

iii.  a figure showing all the sampling points, and

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

2.  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.

10.  Appendices

(d)  Modified Generic Risk Assessment

(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 the following contents:

1.  A description of the rationale for the selection of the soil vapour sampling locations and depths.

2.  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.

3.  A figure showing the locations of,

i.  existing and, if known, future buildings,

ii.  all soil vapour points,

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

iv.  known or inferred volatile contaminant release areas, and

v.  ground water flow direction.

4.  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,

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

ii.  soil and ground water sampling points,

iii.  soil vapour probe locations and depths,

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

v.  depth to water table, and

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

5.  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.

10.  Appendices

(d)  Modified Generic Risk Assessment

(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.

10.  Appendices

(d)  Modified Generic Risk Assessment

(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.

10.  Appendices

(d)  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.

10.  Appendices

(d)  Modified Generic Risk Assessment

(xii)  References

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

4. Tables 2 and 3 of Schedule E to the Regulation are revoked and the following substituted:

Table 2
Minimum Stockpile Sampling Frequency

Pile Volume

Field Screening Samples

Samples for Laboratory Analysis

Less than 50 m3

A minimum of 5 samples

A minimum of one sample

>50m3 to 150 m3

A minimum of 15 samples

A minimum of three samples

>150m3 to 500 m3

A minimum of 30 samples

A minimum of five samples

>500m3 to 1500 m3

A minimum of 50 samples

A minimum of 10 samples

>1500 m3

A minimum of 75 samples

A minimum of 15 samples

 

TABLE 3
Minimum Confirmation Sampling Requirements for Excavation

Floor Area (m2)

Floor Samples

Sidewall Samples - should not all be taken from the same wall, and should represent worst-case

<25

2

2

>25-50

2

3

>50-100

3

3

>100-250

3

5

>250-500

4

6

>500-750

4

7

>750-1000

5

8

Commencement

5. This Regulation comes into force on the day it is filed.