Legislative Authority:
Environmental Protection Act, RSO 1990, Sections 6, 13,14, 15, 46 Ontario Regulation 347, Section 17

Responsible Director:
Director, Central Region

Last Revision Date:
July 2010

Synopsis

The primary purpose of this procedure is the protection of the environment during the removal of asbestos waste from sites designated for redevelopment or other purposes. The procedure applies to sites containing substantial quantities of asbestos waste. It should be used in conjunction with O. Regulation 347, the Occupational Health and Safety Act, Guideline C-6: "Handling, Transportation and Disposal of Asbestos Waste in Bulk", and Guideline C-15: "Decommissioning and Clean-Up of Sites" (under revision).

The procedure is intended for the use and benefit of Ministry staff, project proponents and the public when dealing with the proposed and actual removal or management of substantial quantities of asbestos wastes at sites containing such wastes.

Introduction (1.0)

There may be occasions when sites containing substantial quantities of asbestos waste will be redeveloped for other potential uses, and require excavation.

Asbestos is hazardous when airborne, thus any excavation of buried asbestos waste is recommended to be undertaken with special care. Where possible it is recommended that every effort should be made to allow known deposits of asbestos waste to remain untouched.

However, in cases where it is necessary to disturb the deposits, this procedure is provided as guidance to proponents, the public and ministry staff such that the asbestos can be removed, transported and disposed of elsewhere in a safe and proper manner.

Purpose (2.0)

This procedure is intended for the use and benefit of Ministry staff, project proponents and the public when dealing with the subject of the removal or management of substantial quantities of asbestos wastes at sites undergoing redevelopment for other purposes.

Applicability (3.0)

Sites would include landfill sites where asbestos waste has been deposited, tailings disposal areas containing asbestos and industrial or other sites where asbestos is present.

Other Requirements (4.0)

It is recommended that procedure be used in conjunction with O. Regulation 347, Guideline C-6: "Handling, Transportation and Disposal of Asbestos Waste in Bulk", Guideline C-15: "Decommissioning and Clean-Up of Sites", and the Occupational Health and Safety Act administered by the Ministry of Labour.

This procedure is intended as a complement to common sense, good judgment and past practical experience in the management of asbestos waste. Alternative or modified techniques may be used where updated technology or experience allows, and where they are consistent with the overall intent of the procedure and are acceptable to officials of the Ministry.

Regulatory Requirements and Conditions (5.0)

Ministry Approval (5.1)

If the site to be redeveloped was used for the disposal of waste within the preceding 25 years, the proponent shall seek approval from the Minister in accordance with Section 46 of Part V of the Environmental Protection Act (EP Act).

Prior to such approval being granted for any site containing asbestos, Ministry staff will evaluate the proponent’s proposal. Such conditions as deemed necessary by Ministry staff shall be applied to subsequent Ministerial approval, if such is given.

Conditions for Approval (5.2)

As discussed in Section 5.1 conditions may be added to a proponent’s certificate. Examples of conditions that may be applied to the approvals are provided in Table 5.2:

Table 5.2: Conditions for Approval
Item No.Condition
a.The Ministry of Labour, the Municipality, and the Medical Office of Health will be informed of the project.
b.The asbestos waste will be excavated and moved in accordance with O. Regulation 347 under the EP Act, and under the Occupational Health and Safety Act, particularly O. Regulation 838, entitled "Designated Substance - Asbestos on Construction Projects and in Building and Repair Operations".
c.The waste removed shall be deposited in an approved disposal site in accordance with O. Regulation 347, and recorded on the site plan of the new site.
d.Monitoring and analyses of collected samples shall be conducted in a manner satisfactory to Ministry staff.
e.Transportation to, and reception of the excavated asbestos waste at, a landfill site shall be conducted under that site’s Certificate of Approval.

Operational Procedures (6.0)

The proponent shall retain a consultant experienced in the handling of asbestos waste. The consultant shall be experienced in the following categories listed in Table 6.0:

Table 6.0: Operational Procedure Topics
Item No.Task
i.Project Preparation
ii.Determination of Asbestos, Location and Quantity
iii.Dust Suppression
iv.Packaging of Waste
v.Site Security
vi.Personnel Safety
vii.Ambient Air Monitoring

Additional details that the proponent and consultant should follow for the above categories are discussed in the Best Management Practices for the Removal Procedures at Sites Containing Substantial Quantities of Asbestos Waste which in is provided in Appendix A.

Appendix A: Best Practices Removal Procedures at Sites Containing Substantial Quantities of Asbestos Waste

The primary purpose of this best management document is the protection of the environment during the removal of asbestos waste from sites designated for redevelopment or other purposes. The procedure applies to sites containing substantial quantities of asbestos waste. It should be used in conjunction with O. Regulation 347, the Occupational Health and Safety Act, Guideline C-6: "Handling, Transportation and Disposal of Asbestos Waste in Bulk", and Guideline C-15: "Decommissioning and Clean-Up of Sites" (under revision).

The procedure is intended for the use and benefit of Ministry staff, project proponents and the public when dealing with the proposed and actual removal or management of substantial quantities of asbestos wastes at sites containing such wastes.

The proponent and their consultant should consider the following information for various stages/tasks listed below when removing asbestos from a site.

Preparation (1.0)

  • The proponent should retain a recognized consultant who is experienced in earth-moving operations and in the handling of asbestos material or waste.
  • The consultant shall have an understanding of all current regulations regarding asbestos and of the analytical procedures and equipment used in the monitoring of asbestos air emissions.
  • The consultant shall supervise all aspects of the project.

Determination of Asbestos, Location and Quantity (2.0)

The presence and location of asbestos deposits in a site should be determined, as far as possible, by

  • a search of the site deed;
  • from Ministry records of abandoned and active waste disposal sites,
  • from the site owner/operator; or
  • any other sources deemed appropriate.

As past site records may not be precise, the proponent’s consultant should determine the quantity of asbestos to be removed by drilling a grid pattern of boreholes using appropriate safety procedures and analyzing the samples for asbestos in the area of the site identified by records or other means as containing asbestos.

Excavation of the asbestos area should include the removal of approximately 30 centimetres of soil proved to be asbestos-free in all directions surrounding the asbestos deposit. The total excavation quantity will then include both the asbestos deposit and surrounding earth as defined above.

Dust Suppression (3.0)

The following should be considered when planning dust suppression activities:

  • Wetting and maintaining appropriate wetness of earth and waste asbestos at the point of excavation during all phases of the operations to eliminate visible dust emissions.
  • Prevention of surface water run-offs.
  • Provision to maintain wetting when work is not in progress (e.g., overnight).
  • Wetting and maintaining appropriate wetness of all roadways and tracks on the reclamation site during the excavation operations.
  • The use of acceptable commercially available dust suppressants on roadways
  • The type of alternative dust suppressants and their application rate, etc., to be in keeping with the aim of eliminating visible dust emissions.
  • The cleaning of vehicles that were near the reclamation before prior leaving the site. At minimum should consist of a thorough hosing.

Packaging of Waste (4.0)

  • Excavated asbestos waste shall be packaged for transportation in accordance with the provisions of Section 17 of O. Regulation 347.
  • Vehicles used for transporting the waste shall be identified in accordance with Section 17, paragraph 6 of the Regulation, and any other applicable federal and provincial transportation regulations.

Site Security (5.0)

The proponent and the consultant should consider the tasks in Table 1 when a site(s) is in the process of excavation:

Table 1: Site Security
Task No.Tasks
i.Provide with both passive and active security if left unattended overnight
ii.Install signs denoting the danger of the site(s)
iii.Have security personnel frequently monitor the site(s) to eliminate intentional or unintentional trespassing
iv.Asbestos excavation locations shall be completely encircled by snow fence or equivalent fencing when unattended.

If sites are to be left unattended for longer periods, the asbestos excavation location should be covered with uncontaminated soil or such other material deemed appropriate to prevent migration of asbestos fibres from the location.

Personnel Safety (6.0)

  • The requirements of the Occupational Health and Safety Act and its regulations shall be adhered to by all personnel involved in the operations.
  • All personnel working on the operations shall be protected by the use of respirators and clothing as necessary or as directed by the consultant or Ministry of Labour staff.

Ambient Air Monitoring (7.0)

Ambient air at the worksite should be monitored according to standard Ministry procedures, and the results evaluated against the Ministry primary criteria for ambient air of 0.04 asbestos fibres of length greater than 5 µm per cubic centimetre of air. In addition, the following tasks listed in Table 2 should be completed (if required):

Table 2: Ambient Air Monitoring
TaskDescription
Additional Sampling
  • Samples shall be taken around the fence perimeter of the site(s).
  • The number of samples will be determined by the consultant and reviewed by Ministry personnel.
  • Results shall be evaluated in accordance with the above Ministry primary guideline 10 for asbestos in ambient air.
Visible Emissions on Site
  • Remedial measures shall be taken.
  • The consultant shall maintain a log of such events that records the time, duration, location, probable cause and remedial measures applied.
  • Copies of the log shall be made available to the Ministry.
  • The log data shall be reviewed and compared with pertinent asbestos analytical data to ascertain if a relationship between the visible emission and asbestos fibre counts exists.
Analytical Results
  • All analytical results shall be forwarded to the Ministry Regional Director as soon as possible.
Post Removal Monitoring
  • Post-removal air monitoring of the excavation site shall be conducted in a manner and frequency as determined by the Ministry Regional Director.

PIBS 7854