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August 21, 2012

Brownfields: Ontario Proposes Significant Regulatory Changes

Significant changes to Ontario's Brownfields Standards and regulations were posted October 6 for 120 day consultation Here is a link to the EBR notice, that itself includes links to the proposed new standards and regulations.

http://www.ebr.gov.on.ca/ERS-WEB-External/displaynoticecontent.do?noticeId=MTA0NTcw&statusId=MTU2NjE4&language=en

Highlights - below is an overview of some of the proposals. The amendments to O. Reg. 153/04 are too lengthy and complex to fully summarize here:

  • Proposed New Soil, Groundwater and Sediment Standards:
    • a Comparison Table has been posted, in addition to the Table of the Proposed New Standards
  • Record of Site Condition Regulation
    • time limit (30 days) for notice or acknowledgement
    • list of defects of RSC
    • new filing requirements and procedures for RSCs
    • requirement for owner to retain reports for seven years
  • Environmental Site Assessments
    • new definitions and requirements for Phase One and Phase Two Environmental Site Assessments
    • new Schedules D and E, setting out new, detailed requirements for Phase One and Phase Two Environmental Site Assessments
    • new Table 2 listing potentially contaminating activities and the contaminants of potential concern likely to be associated with the respective activities
  • Off-site Migration
    • new definitions and rules for assessing contaminants and investigating permitted land uses for RSCs to set thresholds for off-site contamination
  • Streamlined "Modified Generic Risk Assessment" Procedure
    • new Table 5 listing Phase Two ESA requirements for "modified generic risk assessments"
  • Amended Protocol for Analytical Methods (Version 2.0 September 22, 2008)
  • Amended Rationale For The Development of Generic Soil and Groundwater Standards For Use At Contaminated Sites In Ontario (September 18, 2008)
    • updated to reflect the proposed New Standards and "amenable to a "Tier 2" modified generic approach

MOE has published fact sheets providing overviews of the changes at http://www.ene.gov.on.ca/en/land/brownfields/amendments.php

For legal advice on how these proposed changes may affect your contaminated site call:

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