On January 4, 2021, the Ministry of Environment, Conservation and Parks (MECP) posted three proposals on the Environmental Registry of Ontario (for Records of Site Condition). The proposals were posted for comments from Qualified Persons (QPs), municipalities, and stakeholders. The comment period for these documents is open until April 4, 2021.
We are again looking at just a portion of the 82-page document. For details, see Records of Site Condition: A Guide on Site Assessment, the Cleanup of Brownfield Sites.
On March 10, 2021, we posted Part 1 of this two-part blog series centered on Section 9 Excess Soils Management at an RSC property.
Part 2, of this two-part blog series, will focus on Section 6 Site Condition Standards. Specifically, we are looking at 6.4 Potable and Non-Potable Groundwater Conditions, 6.4.1 Requirements to Obtain Municipal Consent to Use Non-potable Site Condition Standards, Section 6.10 Substances Related to Safety Under Conditions of Snow and Ice, and Section 6.12 Elevated Concentrations of Naturally Occurring Substances at RSC Properties.
Potable and Non-Potable Groundwater Standards (6.4 and 6.4.1)
As provided in the opening paragraph of Section 6.4 of the Draft Document, “Applicable site condition standards are provided for either potable (Tables 2, 4, 6 and 8) or non-potable (Tables 3, 5, 7 and 9) ground water conditions. The applicable site condition standards for potable ground water were developed for those sites where ground water is being used, or could be used as a source of drinking water. Amendments to Section 35 of O. Reg 153/04 clarified and updated the requirements for the use of non-potable site condition standards which come into effect July 1, 2020.”
Four Conditions for Non-Potable Standards
In addressing the potable and non-potable conditions, the responsibility again falls on the QP. From the draft document: “The QP is required to undertake the necessary work as part of the Phase One ESA to confirm the following conditions and document this information in the Phase One ESA and the Phase One CSM when considering the use of non-potable standards at the property.”
- The RSC property will not be used for agricultural or other use (see Section 3a for definition of “other use”).
- Municipal drinking water is supplied to the RSC property and all properties within 250 metres (m) of the boundaries of the RSC property.
- The RSC property is not located in a designated well-head protection area.
- There are no wells used for agricultural or human consumption at the RSC property or within 250 m of the boundaries of the RSC property.
If these conditions are met, the QP must notify the municipality of their intention to apply non-potable groundwater standards to the RSC property.
If these conditions cannot be met, the QP would require written consent from the municipality to use non-potable standards.
When the RSC property is in an area not serviced by a municipal drinking water system or the intended property use is agricultural or other, a potable groundwater condition must be applied.
Additionally, as provided under Section 6.4.1 “If the RSC property is located in a well-head protection area or other designation identified by the municipality for the protection of ground water or there are wells used as sources of water for human consumption or agricultural use at the RSC property or within the Phase One study area, the QP or owner will need to seek written consent from the municipality in order to proceed with the use of non-potable ground water standards.”
Municipalities also bear some responsibility as they are expected to complete their own due diligence when receiving a request to use a non-potable ground water condition to ensure the protection of drinking water.
Elevated Sodium (6.10)
This section addresses the issue of elevated sodium and associated parameters from winter application of salt. Exceedances of contaminants like electrical conductivity (EC) and sodium adsorption ratio (SAR) may be exempt if they are related to “safety of vehicular or pedestrian traffic under conditions of snow/ice.”
Flush mount monitoring wells are susceptible to salt intrusion in the winter months (Image by S. Hermann & F. Richter from Pixabay )
During the Phase One, the QP may make assumptions that these parameters may be elevated in areas of the property near roads, parking lots, stairs, sidewalks, and walkways. This is a typical scenario in urban areas where commercial/industrial areas are being evaluated. The QP is required to document the presence of salt application as an Area of Potential Environmental Concern (APEC). However, the QP may forgo sample collection for these parameters.
This would not apply to bulk storage of salt. This activity is regarded as a Potentially Contaminating Activity (PCA), as defined in the regulation, and should be assessed accordingly.
Note that if no samples were collected for EC or SAR, then the QP should not list them when filing the RSC. If testing was conducted for these parameters, then the QP should enter the measured concentration as that of the standard for that parameter.
Elevated Concentrations of Naturally Occurring Substance at RSC Properties (6.12)
Finally, in some parts of Ontario, soil/groundwater may contain naturally elevated concentrations of substances.
An elevated concentration of a substance is not considered a contaminant, if the presence of that substance is not related indirectly or directly to human activity. Human activity would include fall out of metals from an upgradient, air discharge plume or importing impacted fill.
In order to justify the presence of naturally occurring elevated concentrations, the QP must present multiple lines of evidence and should contact the local MECP district office for any information related to the occurrence of the naturally occurring substance.
Help with Your RSC and Resources
We again encourage you to read the entire document for details. With or without the proposed amendments, filing an RSC can be a difficult and arduous process that requires attention to detail.
If you require assistance with an RSC or other environmental matter, please contact Chris Paré, P.Geo. at 519-948-7300, Ext 114. You can also contact me at 519-948-7300 Ext. 137.