Ministry of Environment

Yes. About two thirds of the contaminated sites cleaned up in B.C. are remediated using independent remediation, where no contaminated site legal instrument is issued by the ministry.

Further Sources of Information: Fact Sheet #1

Any person may obtain a Certificate of Compliance (CoC), Contaminated Soil Relocation Agreement (CSRA), or Determination of Contaminated Site. A responsible person is responsible for obtaining an Approval in Principle (AiP). There are no provisions in our contaminated sites legislation and regulations which specifically require an Approval in Principle, Certificate of Compliance or Determination to be obtained.

Further Sources of Information: Fact Sheet #28, Administrative Guidance #3

Submit a contaminated sites service application form which is available on our website. If required, the application should be accompanied by the recommendation of an Approved Professional.

Further Sources of Information: Fact Sheet #28, Administrative Guidance #3, Contaminated sites services application form

To the ministry: Attention: Client Information Officer, Environmental Management Branch, Ministry of Environment, Box 9342 Stn Prov Govt, Victoria BC V8W 9M1

Further Sources of Information: Fact Sheet #28, Administrative Guidance #3, Contaminated sites services application form

The Environmental Management Act and Contaminated Sites Regulation have a number of triggers for a proponent to take specific actions. Decommissioning of an industrial site, including closure of a landfill, is one trigger to submit a site profile. The ministry’s decision on the site profile would very likely be to undertake investigations. A site investigation required decision would block the ability of the local government to issue future authorizations (e.g., development, subdivision or rezoning) until a contaminated sites legal instrument (Approval in Principle, Certificate of Compliance or Determination of Contaminated Site) or other release has been issued for the site. Therefore, we recommend that the site owner or operator take into consideration the requirements of the contaminated sites legal regime in the context of future land use options at the site.

An Approval in Principle is a legal instrument issued by the Director of Waste Management that states that the remediation plan for a contaminated site has been reviewed and approved by the Director. The Director may also specify conditions in the Approval in Principle that must be implemented during remediation.

Further Sources of Information: Fact Sheet #1

If you are remediating a site, you need to apply either for an Approval in Principle or submit a notification of independent remediation.

Further Sources of Information: Fact Sheet #1

A responsible person may apply for an Approval in Principle of a proposed remediation plan by submitting a contaminated sites services application form to the Director of Waste Management. Copies of any preliminary and detailed site investigation reports prepared for the site, copies of any other site investigation and assessment reports prepared for the site, and the proposed remediation plan for which the Approval in Principle is sought must be attached or the Director must already have access to them. Applications for sites that are not high risk must be submitted with a recommendation by a person on the Roster of Approved Professionals that the Approval in Principle be approved by the Director.

Further Sources of Information: Fact Sheet #28, Administrative Guidance #3, Contaminated sites services application form

There is no general expiry date for an Approval in Principle. An Approval in Principle is considered rescinded if the contaminated site that the Approval is issued for has been remediated and a Certificate of Compliance has been issued for the same legal site description. In some cases an Approval in Principle requires that remediation be completed within a fixed period of time.

The ministry no longer issues amendments for Approvals in Principle. If a proponent wishes to have an updated Approval in Principle, a contaminated sites service application for a new Approval in Principle must be submitted to the ministry.

Approvals in Principle are issued on the basis of an applicant’s commitment and a professional’s judgment regarding the proposed remediation and completion timeline. Where it is anticipated or known that the conditions of an Approval in Principle will not or have not been met within the approved 5 year time limit, the Director should be notified and an amendment sought. Approvals in Principle not satisfied after 5 years are void.

Amendment requests should include explanation and rationale why the original Approval in Principle conditions were not satisfied. Additional investigations, risk assessment and remediation may be required to update the instrument to current site conditions and regulatory requirements. Instrument amendments can be obtained under an Approved Professional review conducted in accordance with Protocol 6 and those applications are subject to applicable fees.

A Certificate of Compliance is a certificate issued by a Director stating that a site has been remediated in accordance with the environmental quality standards applicable to a site, any orders issued, any remediation plan approved by the Director, and any requirements imposed by the Director. A Director may impose conditions such as monitoring, or financial security as part of the Certificate if he/she sees fit. Certificates of Compliance are issued either for remediation to the numerical standards, risk-based standards or both.

Further Sources of Information: Fact Sheet #1

Your site must be remediated to the applicable standards. Once it is cleaned up, you can apply to the ministry for a Certificate of Compliance. If your site is not a high risk site, this should be done by an Approved Professional who will recommend that the Certificate be issued. If your site is high risk, the application should come directly to the ministry and a recommendation from an Approved Professional is not required.

Further Sources of Information: Fact Sheet #28, Administrative Guidance #3, Contaminated Sites Services Application Form

It depends on the type of Certificate of Compliance requested. Once an application for a Certificate has been received by the ministry, for Certificates issued under the numerical standards it usually takes 2 to 4 weeks. For Certificate requests where risk-based standards are used, it can take up to a year and sometimes longer.

No, although it may be required by your municipality before you go ahead with development, rezoning, subdivision, etc.

Depending on the type of Certificate issued, it can reduce the remediation liability of persons who are responsible for contamination at a site. A Certificate issued for a site cleaned up to the numerical standards of the regulation means that the site has little or no remaining contamination for the particular land, water and sediment uses designated in the Certificate. This would significantly reduce the costs of any further cleanup, so would reduce the liability of all responsible persons for the site. If the use of the site were to change after the Certificate had been issued, the site may be legally considered contaminated if the use was changed to a more sensitive use (e.g., industrial to urban park land use). In this case, the person who changed the use of the site would become responsible for the costs of remediation to the standards for the more sensitive use. If a Certificate has been issued for a site which has cleaned up to risk-based standards, it still will be contaminated, and poses ongoing remediation liability for current and previous owners and operators of the site.

Further Sources of Information: Fact Sheet #16

A site for which a Certificate is issued under the risk-based standards is still contaminated. For sites where Certificates are issued under the numerical standards, there are limitations to the certainty that can be provided by the consultants or the ministry working on these sites with respect to the remediation of all the contamination at a site. First, the Certificate itself states that a site has been satisfactorily remediated to meet prescribed standards, names those standards and the land to which such applies, lists the dated reports on which a decision has been made, and indicates that the Director "makes no representation or warranty as to the accuracy or completeness of the information". Second, it states that the Director can "change or substitute different requirements where circumstances warrant". Third, the text advises that the "Certificate should not be construed as an assurance that there are no hazards present on the site". Finally, Schedule B routinely has the condition that should any material suspected of being contaminated be encountered during future work at the site that it will be appropriately dealt with.

Further Sources of Information: Fact Sheet #13

Yes. If a large site is remediated in stages and an owner wants to begin development on one part before another is remediated, he or she may apply for a Certificate of Compliance for a portion of the site. Also, complex sites are often remediated for a variety of land uses or to different standards for various portions of the site, and so multiple Certificates of Compliance can be issued for multiple portions.

The ministry may order action at noncompliant sites. However, such action is typically viewed as a last resort. The ministry is developing a comprehensive compliance strategy to address such issues.

Yes. All of these Agreements are signed off by the Director. Many Contaminated Soil Relocation Agreements must be submitted with the recommendation of an Approved Professional. See Protocol 6 for more information on eligibility. All other Contaminated Soil Relocation Agreement requests will be processed by the ministry.

Further Sources of Information: Fact Sheet #1, Fact Sheet #41, Administrative Guidance #7, Administrative Guidance #8.

It is an agreement between the owner of a source site, the owner or operator of a receiving site, and the Director of Waste Management, which allows for the relocation of contaminated soil.

Further Sources of Information: Fact Sheet #1, Fact Sheet #41, Administrative Guidance #7, Administrative Guidance #8.

A Contaminated Soil Relocation Agreement is required when soil exceeding Contaminated Sites Regulation Schedule 7, 10 or 11 trigger values and applicable land use standards for the receiving site is to be transported to a site which is not permitted to take the soil.

Further Sources of Information: Fact Sheet #1, Fact Sheet #41, Administrative Guidance #7, Administrative Guidance #8.

Submit a contaminated sites service application form requesting an Agreement. If required, the application should be accompanied by the recommendation of an Approved Professional.

Further Sources of Information: Fact Sheet #28, Fact Sheet #41,
Administrative Guidance #3, Administrative Guidance #7, Administrative Guidance #8, Contaminated Sites Services Application form.

Applications received by the ministry through an Approved Professional are typically processed within two weeks. Applications submitted directly to the ministry are usually processed within four weeks.

Further Sources of Information: Fact Sheet #28, Fact Sheet #41,
Administrative Guidance #3, Administrative Guidance #7, Administrative Guidance #8

Yes. However, Contaminated Soil Relocation Agreements are not required if you plan to move soil on the same property (i.e., same legal description) or if the volume is less than 5 cubic metres.

Further Sources of Information: Fact Sheet #41, Administrative Guidance #7

No. Only hazardous waste needs to be manifested. See the Hazardous Waste Site.

Further Sources of Information: Fact Sheet #41, Administrative Guidance #7

No. Hazardous waste must be relocated to a site authorized to take hazardous waste. Also, any soil with substance concentrations above land use standards applicable to the receiving site must be managed in an appropriately designed facility or in accordance with an approved risk assessment

Further Sources of Information: Fact Sheet #41, Administrative Guidance #7

A CSRA would not be required if the landfill is permitted to take soil with contaminant levels present in your soil. It is important to confirm with the landfill operator that this is the case prior to disposal.

The Ministry of Environment does not maintain such a list. However, many contaminated soil remediation companies own facilities around the province. Also, many municipal landfills are authorized to accept contaminated soil. Please check directly with the facility operators.

Yes, contaminated sediments are subject to CSRA requirements under section 55 of EMA as long as the soil is going to be deposited on land, rather than undergoing ocean disposal.

Further Sources of Information: Fact Sheet #41, Administrative Guidance #7

Yes. The standards that trigger the requirement for a CSRA include Schedule 11 (generic numerical vapour standards) of the Contaminated Sites Regulation. Soil vapour investigation must be completed at the source site and the receiving site prior to the transport of any soils, if a CSRA applies.

Further Sources of Information: Fact Sheet #41, Administrative Guidance #7

If the activity that has caused contamination has occurred on several adjoining legal lots (e.g., a sawmill occupying several Parcel Identification Numbers) then the combined lots are considered a single site and movement of contaminated soil around the site does not require a Contaminated Soil Relocation Agreement.

Unless exemptions apply as set out in section 41 of the Regulation, a Contaminated Soil Relocation Agreement is required if any of the following conditions are present:

• soil quality exceeds concentrations in Schedule 7, Column II (if the receiving site is non-agricultural land e.g. urban park land, residential land, commercial land, industrial land or wildlands) or Column III (if the receiving site is agricultural land);
• soil quality exceeds concentrations in Schedule 10, Column III;
• vapour concentrations exceed those for the land use at the receiving site as set out in Schedule 11 Column III (agricultural, urban park, and residential land), Column IV (commercial land) or Column V (industrial land), as applicable.

Where the source soil exceeds the Column IV values, the soil may only be moved under a Contaminated Soil Relocation Agreement if a risk assessment is conducted for the receiving site. This is currently done, for example, when soil is to be treated on separate property such as in a properly designed biocell so that there is no discharge of waste to the environment. It is also important to note that all hazardous waste must be treated at a facility authorized to accept that material.

The provisions in subsection 40 (2) (a) (for soil) and for subsection 40 (2) (e) (for vapour) are written differently because the environmental quality standards for soil (e.g., “Groundwater used for drinking water” in the matrix standards) for a number of substances reflect site-specific factors such as pH. The vapour standards in Schedule 11 don’t vary in this way so the text describing the requirement for vapour is considerably simpler than that for soil.

A Determination of Contaminated Site is a notice in writing made by the Director of Waste Management stating whether or not a site is a contaminated site. It is made on the basis of a site profile, a preliminary site investigation, a detailed site investigation or other available information. The Director is required to make a preliminary determination and provide an opportunity for specified persons to comment. The Director must then make a final determination of whether or not a site is a contaminated site. Liable parties are required to be notified at each stage. A Determination of Contaminated Site is not required for every site, but a lack of a Determination does not mean a site is not contaminated.

Further Sources of Information: Fact Sheet #1

Yes. A Determination (site not contaminated) may be issued if it can be adequately shown that the site is undeveloped, has never had a Schedule 2 activity and there is no reason to suspect that there is any contamination

The Director of Waste Management may issue a Remediation Order to any responsible person. The Remediation Order may require this person to undertake remediation; contribute towards the costs of remediation; or give security in the amount and form the Director specifies.

Further Sources of Information: Fact Sheet #1

A director may cancel a Remediation Order.

No. Most sites need not be cleaned up for years, or ever, so Remediation Orders are used infrequently. Remediation Orders are issued only if contamination poses a very high risk or the person considered responsible will not agree to responsibility or to carrying out remediation requirements.

The ministry may order a site profile, a site investigation or remediation as per the Environmental Management Act sections 40, 41 and 48. The ministry also has the ability to make pollution prevention orders, pollution abatement orders under the Environmental Management Act sections 81 and 83. We can also impose conditions once we receive a notice of independent remediation under the Environmental Management Act section 54(e)(d).

For large sites an Approval in Principle acknowledging agreement on an approach to remediate the overall site is typically required and subsequently Certificates of Compliance are issued as remediation on various portions of the site is completed. A contaminated sites legal instrument may be issued for part of a site where the remainder of the site is a viable commercial/industrial enterprise.

Yes. The Approval in Principle could include the landfill which would receive its own Certificate of Compliance when work on that portion of the site is completed.

An authorization would be required to operate the unit. The proponent should contact site@gov.bc.ca to obtain guidance on submitting a permit application.

The Environmental Management Act addresses permitting of waste management facilities such as landfills. Please contact a regional ministry representative where the site is located to determine the permitting requirements.

In British Columbia, a contaminated site is defined as an area of land in which the soil or underlying groundwater or sediment contains a hazardous waste or substance in an amount or concentration that exceeds provincial environmental quality standards. A site is contaminated if it is unsuitable for specific uses of land, water and sediment. Many sites in the province became contaminated during past industrial or commercial uses. Such activities often resulted in chemicals and other toxic materials being spilled or deposited on land. The most common substances found at sites in BC are heavy metals such as lead, arsenic, cadmium, and mercury. Organic chemicals, including benzene and toluene in gasoline, occur at about two-thirds of the sites. Chlorophenols are common at wood treatment operations, as are benzo[a]pyrene and naphthalene from creosote. Polychlorinated biphenyls (PCBs) often occur at sites where electrical equipment was used.

Further Sources of Information: Fact Sheet #1

Currently, there are over 9000 sites in the ministry's records. This number includes sites that are being screened and are not yet confirmed as being (or not being) contaminated; sites that are being cleaned up; sites that are awaiting final confirmation that cleanup is complete; and sites where cleanup is confirmed.

Further Sources of Information: Fact Sheet #1

Contaminants pose a threat to human health, the environment and safety. Their potential effects on humans, for example, range from minor physical symptoms to life-threatening diseases such as cancer. Children are often most at risk from exposure to contaminated soil, air, water and food. And even if a site does not pose a threat to people, it can still be an environmental hazard. Soil, water and sediment at a site may contain substances that can injure fish or mammals; impair the reproduction of birds; and accumulate in the food web. These effects can be severe enough to impair, or cause imbalance in, ecological functions or systems.

Further Sources of Information: Fact Sheet #1, Fact Sheet #2

The impetus for creating a system to regulate and administer the investigation and cleanup of contaminated sites has come from several quarters. Stakeholders asked for a system that would: improve protection of human health, environment, infrastructure, and safety; enhance business certainty in land transactions; increase fairness in determining liability (amongst land owners and operators, financial institutions, and local governments); provide easy public access to information sites; minimize government in site cleanups; provide formal certification of cleanups; use defensible, scientifically based standards; and involve public health officials to develop alternative health protection standards.

Further Sources of Information:Fact Sheet #2

Many parties play a role in the management of contaminated sites in the province. Examples include land owners and developers, provincial law makers and ministry staff, Federal and local government representatives, Approved Professionals and environmental consultants, lawyers and scientific experts.

Further Sources of Information:Fact Sheet #1

The Crown Contaminated Sites Program in the Ministry of Agriculture and Lands manages identified high risk contaminated sites on provincial lands, to ensure protection of human health and the environment. The Program provides cross-government policy on site management; improves the store of information on provincial contaminated sites; and establishes a way for ministries and agencies to report their progress in dealing with the liabilities and risks posed by contaminated sites on Crown land.

Further Sources of Information: Fact Sheet #1

Please consult our most recent Land Remediation Section's annual report - a link is provided here.

That is acceptable.

Your interpretation is correct, a soil vapour compound would only be a contaminant of concern if either the concentration measured in the breathing zone is greater than the applicable Schedule 11 standard or the predicted concentration (as Cair) is greater than the applicable Schedule 11 standard.

Yes, section 39(3) of the Environmental Management Act requires that a Summary of Site Condition be prepared by an Approved Professional.

The Environmental Management Act is the main law governing contaminated sites in the province. Brought into force in July 2004 (replacing the former Waste Management Act), it lays out standards for site identification, assessment, and cleanup ("remediation"). Other provisions are set out in the Contaminated Sites Regulation. There are also a number of legally enforceable protocols in place. The contaminated sites legal regime includes a system to streamline the cleanup of non high risk sites. The Ministry of Environment administers these legal requirements. The Land Remediation section has written various policies, procedures and guidance to help with interpretation and implementation of the legal regime.

Further Sources of Information: Fact Sheet #3

Yes, there are serious penalties for noncompliance. They include fines up to one million dollars and imprisonment up to six months. These penalties can be applied to persons, municipalities or corporations. Please see Sections 120 to 129 of the Environmental Management Act for details.

Further Sources of Information: Fact Sheet #3

Officers and directors may be responsible persons and therefore may be issued Remediation Orders.

Further Sources of Information: Fact Sheet #3

The Environmental Management Act casts a relatively wide net of liability for contaminated sites remediation. Individuals with potential responsibility might be, for example, current or former owners (including developers) of a contaminated site or of a site from which contamination migrated. Other potentially responsible individuals include those who produce or transport hazardous substances. To achieve fairness, the legislation also provides many exemptions from liability as outlined in the Environmental Management Act Section 46.

Further Sources of Information: Fact Sheets #6, 7, 16, 17, 18

Under the Environmental Management Act a person may be exempted from responsibility for the remediation of a site that became contaminated by an act of God or war, a third party unconnected with the owner, migration of a substance from another owner's site, natural occurrences not assisted by human activity, or a previous owner if the present owner "innocently acquired" the site. There are also a number of provisions to limit liability including Voluntary Remediation Agreements, minor contributor rulings, and Transfer Agreements.

Further Sources of Information: Fact Sheets #6, 7, 16, 17, 18

If a previous owner is responsible for the contamination, they are liable for remediation costs. Under the Environmental Management Act, a responsible person may apply to the Director of Waste Management to be classified as a "minor contributor".

Further Sources of Information: Fact Sheets #6, 7, 16, 17, 18

No. Section 47(4) of the Environmental Management Act indicates that liability applies (a) even though the introduction of a substance into the environment is or was not prohibited by any legislation if the introduction contributed in whole or in part to the site becoming a contaminated site, and (b) despite the terms of any cancelled, expired, abandoned or current permit or approval or waste management plan and its associated operational certificate that authorizes the discharge of waste into the environment.

Further Sources of Information: Fact Sheets #6, 7, 16, 17, 18

A local government that owns or operates an easement, highway, or right-of-way for sewer or water on a contaminated site is not responsible for remediation unless it caused the contamination.

Further Sources of Information: Fact Sheets #6, 7, 16, 17, 18

Yes. Under the polluter pays principle incorporated into our contaminated sites legal regime, the polluter is generally responsible for remediation of a site, and under section 47(1) of the Environmental Management Act they are responsible for the reasonably incurred costs of remediation of the contaminated site, whether incurred on or off the contaminated site. Section 47(3) states that "costs of remediation" means all costs of remediation and includes, without limitation, costs of preparing a site profile, costs of carrying out a site investigation and preparing a report, legal and consultant costs associated with seeking contributions from other responsible persons, and fees imposed by a Director, a municipality, an approving officer or the commission.

Further Sources of Information: Fact Sheets #6, 7, 16, 17, 18

A local government that owns or operates an easement, highway, or right-of-way for sewer or water on a contaminated site is not responsible for remediation unless it caused the contamination.

Further Sources of Information: Fact Sheets #6, 7, 16, 17, 18

There is no time limit to liability. Section 45 of the Environmental Management Act indicates that previous owners and operators of sites can be responsible persons.

Further Sources of Information: Fact Sheets #6, 7, 16, 17, 18

The remediation liability provisions are based on the "polluter pays principle". It holds that those who cause contamination should be responsible for paying the cleanup costs. An owner or operator is not responsible for remediation if he or she establishes that at the time the person became an owner of the site, the site was a contaminated site, the person had no knowledge or reason to know or suspect that the site was a contaminated site, and the person undertook all appropriate inquiries into the previous ownership and uses of the site and undertook other investigations in an effort to minimize potential liability. If a responsible person cannot be found or is unable to pay, then the Act relies on government to clean up the highest risk orphan sites and thereby protect human health and the environment.

Further Sources of Information: Fact Sheets #6, 7, 16, 17, 18

Yes. Section 45(1) of the Environmental Management Act states that a person who produced a substance or caused the substance to be disposed of, handled, or treated in a manner that caused a site to become a contaminated site is responsible for remediation. Section 45(2) extends that responsibility to neighbouring sites contaminated by offsite migration, indicating that the source site owner is responsible. Section 46(1)(j) exempts from responsibility a person who owns or operates a contaminated site that was contaminated only by the migration of a substance from other real property not owned or operated by the person.

Further Sources of Information: Fact Sheets #6, 7, 16, 17, 18, 34

As described in the response to the previous question, in general the owner or operator at the source parcel is responsible for cleaning up contamination. This exemption may not apply however, if the owner of the parcel contaminated by migrating contaminants exacerbates the contamination or changes the use of his or her site.

Further Sources of Information: Fact Sheets #6, 7, 16, 17, 18, 34

Yes. Various types of insurance are available to cover the costs associated with existing contamination and its remediation. Your existing policies may also provide coverage. Please contact your insurance broker.

Further Sources of Information: Fact Sheets #6, 7, 16, 17, 18

Yes. You can help limit your remediation liability through contractual provisions as part of land transfers. In legal disputes the courts will take these types of contractual agreements into account.

Further Sources of Information: Fact Sheets #6, 7, 16, 17, 18

The ministry offers clients a range of services related to managing and regulating contaminated sites. Clients may apply for services such as: site investigation report and remediation plan reviews; determinations whether or not a site is contaminated; Approvals in Principle of site remediation plans; Certificates of Compliance for cleanups to remediation standards; Voluntary Remediation Agreements; and Contaminated Soil Relocation Agreements. The province uses a fee for service approach in providing these services.

Further Sources of Information: Fact Sheet #25, Fact Sheet #28

The ministry is required under the Contaminated Sites Regulation to collect service fees for all services it provides for specific sites in the province. This includes fees for reviews of reports and plans, issuing Contaminated Sites legal instruments, and a variety of other site-specific services. Fees are not charged for providing general Contaminated Sites advice.

Further Sources of Information: Fact Sheet #25, Fact Sheet #28

Details of all fees for legal instruments and other ministry services are outlined in Schedule 3 of the Contaminated Sites Regulation.

Further Sources of Information: Fact Sheet #25, Fact Sheet #28

Currently the province does not provide grants for the cleanup of contaminated sites in B.C. Some funds are available from the Federal Government under the Green Municipal Fund.

Further Sources of Information: Fact Sheet #25, Fact Sheet #28

The ministry's Site Registry documents milestones in the screening, identification, and cleanup of all sites in the province's records. Information gathered since 1988 is accessible to the public. It contains the site common name, address, legal description, status, latitude and longitude, suspect land use, and any associated documents, events, participants, or other sites. The Site Registry is not a registry only of contaminated sites. Some sites on file are contaminated, but most are simply being investigated and require little if any cleanup, or they have already been cleaned up to provincial standards.

Further Sources of Information: Fact Sheet #20

The minister appoints a Site Registrar to manage the Site Registry. The information is owned by the Crown. It is available to the public by purchase from BC OnLine or by request from ministry staff.

Further Sources of Information: Fact Sheet #20

To get information about a particular site, search the Site Registry through BC OnLine. The Site Registry User's Guide is available on BC OnLine's website to provide instructions and advice on how to search the Site Registry. As well, ministry staff will perform a search if requested. If you wish to obtain site information that is available in paper records or on other databases, ministry staff can also get that for you through the Site Information Request process.

Further Sources of Information: Administrative Guidance #4

If the ministry has information about a specific site, it will be registered on the ministry's Site Registry. You can search it through BC OnLine. You can also perform an area-based search around your property for registered sites. If you are purchasing a site and you are looking for information about it, the first thing to do is to ask the vendor. If a property you are considering buying had commercial or industrial activities occurring on it in the past, the vendor is obligated to provide you with a site profile.

Further Sources of Information: Fact Sheet #20

Site Registry searches performed by BC OnLine account holders are completed in a few seconds. Searches of the Site Registry done by ministry staff and searches for paper records take two to four weeks.

The Site Registry User's Guide contains a detailed description of each report available on the Site Registry.

Further Sources of Information: Site Registry User's Guide

There are a number of triggers by which the ministry is informed about the existence of sites in B.C. These include applications for contaminated sites legal instruments and services, notifications of independent remediation and offsite migration, and the receipt of site profiles. The Site Registrar is legally obligated to record such information on the Site Registry.

Further Sources of Information: Fact Sheet #20

Approved Professionals are environmental professionals with extensive experience in investigation, remediation, and/or risk assessment of contaminated sites and are defined under the Environmental Management Act.

Further Sources of Information: Fact Sheet #30

The Roster of Approved Professionals is established under the Environmental Management Act and consists of those Approved Professionals appointed to the Roster by the Director of Waste Management.

Further Sources of Information: Fact Sheet #30

They include professional biologists, agrologists, geologists and engineers with many years of direct experience in contaminated site work. Approved Professionals must also pass technical and regulatory exams.

Further Sources of Information: Fact Sheet #30

Approved Professionals are hired by site owners and operators requiring services from the ministry (Determinations of Contaminated Sites, Approvals in Principle for remediation plans, Certificates of Compliance for site remediation, and Contaminated Soil Relocation Agreements) for non high-risk sites. Approved Professionals review site information and recommend the issuance of these contaminated sites legal instruments to the Director of Waste Management.

Further Sources of Information: Fact Sheet #30

The Contaminated Sites Approved Professional Society (CSAP Society) was established on 1 April, 2007 to participate in the management of the Approved Professionals system. The CSAP Society is responsible for processing applications for contaminated sites legal instruments for non high-risk sites and establishing qualification requirements, setting exams, conducting quality reviews, and determining disciplinary action for CSAP members.

Further Sources of Information: Fact Sheet #30

Whenever a site owner or operator requires a contaminated sites legal instrument for a non high-risk site as indicated in the ministry's Protocol 6. This policy has been in place since 1 November, 2004.

Further Sources of Information: Fact Sheet #30

You can obtain contact information for Approved Professionals on the Contaminated Sites Approved Professionals Society website.

Further Sources of Information: Fact Sheet #30

Appointment to and maintenance of the Roster is the responsibility of the Director of Waste Management under the Environmental Management Act. However, establishing qualification requirements, setting exams, and conducting quality reviews is the responsibility of the Contaminated Sites Approved Professionals Society (CSAP).

Further Sources of Information: Fact Sheet #30

Yes. Since the implementation of the Approved Professional process, reviews for most lower risk sites within the province are carried out by Roster members, reducing the time it takes for clients to obtain contaminated sites legal instruments. This also frees up ministry resources allowing the ministry to focus on higher risk sites.

Further Sources of Information: Fact Sheet #30

The fees to review contaminated site information are set by each Approved Professional. Standard fees will also be set by the Contaminated Sites Approved Professional Society to process the application to be sent to the ministry. In addition, standard administrative fee payable to government under the Contaminated Sites Regulation will be required before issuance of a contaminated sites legal instrument issued by the ministry.

Further Sources of Information: Fact Sheet #30

Quality reviews are conducted randomly by members of the roster of Approved Professionals at a rate of 1 in 10 for risk-based standards submissions and 1 in 20 for numerical standards submissions. Follow-up targeted reviews may also be carried out and Roster members may request reviews of their work.

Further Sources of Information: Fact Sheet #30

Yes. For some substances (for example bioaccumulative substances) one or more of the substance Eco-SSLs will be more stringent than the corresponding Soil Invertebrate and Plant standard in Schedule 5 of the Regulation. Remediation of the site to the Invertebrate and Plant standard for these substances would satisfy the numerical standards for soil for this pathway. Remediation of the site to the Eco-SSLs would address potential risks to ecological receptors via the range of exposure pathways. Under the Regulation, remediation to either the numerical or risk-based standards is acceptable. In this case, the decision of appropriate risk assessment endpoints is left to the qualified professional.

Hydrogeological modelling under screening level risk assessment is eligible for review under Protocol 6. Where hydrogeological modelling is used in detailed risk assessment to demonstrate an inoperative exposure pathway, pre- or post-remediation (i.e., contamination above aquatic life protection standards is not now, nor will be, present in the future within 10 m of the high water mark of the nearest aquatic receiving environment) it is eligible for Approved Professional review. Where hydrogeological modelling is used for any other purpose, the ministry should be consulted to obtain agreement or preapproval for its eligibility for Approved Professional review. Risk assessment components that require specialized expertise such as hydrogeological modelling must be accompanied by the signatures of the qualified professionals that performed and authored the specialized component.

Yes, if the future migration of contaminated groundwater would result in the neighbouring property becoming a contaminated site the written agreement of the owner of the neighbouring property would be required for issuance of a contaminated sites legal instrument. In addition, groundwater monitoring and contingency plans would be required to monitor groundwater contamination relative to risk assessment predictions and to identify action levels and associated contingency measures. Note: the ministry strongly favours remedial solutions based on stable or shrinking contamination and discourages approaches that involve the creation of new contaminated lands.

1) A risk assessment report is not normally required. However, we do expect a technical report relating to the requested preapproval which includes:

• a description of the type of application requiring preapproval under Section 4.4 and Table 1.
• relevant site information, at a level of detail appropriate to the requested preapproval, and
• a complete rationale for the preapproval, including any additional supporting information and data interpretation.

Section 4.6 and Column III of Table 2 provide exceptions to the requirement for contaminated sites service applications to be accompanied by the recommendation of an Approved Professional. Footnote 2 of Table 2 incorporates within Column III of Table 2 the exceptions listed in Section 4.4 and Table I and Section 4.5. In the case of exceptions listed in Table 1, preapproval may be sought from a Director for that component of the application, after which the remainder of the application would be eligible for a recommendation by an Approved Professional. If preapproval is not obtained, then the application is not eligible for the Approved Professional process and must be submitted directly to the ministry for review.

The options for review of risk assessment components listed in Table 1 are:

a) obtain preapproval of the risk assessment component, and then proceed with the review of the remainder of the application by an Approved Professional, or
b) submit the application (i.e., the risk assessment) in its entirety to the ministry for review.

The options for review of risk assessment components listed in Table 1 are:

a) obtain preapproval of the risk assessment component, and then proceed with the review of the remainder of the application by an Approved Professional, or
b) submit the application (i.e., the risk assessment) in its entirety to the ministry for review.

The reference to “assessment of the aquatic receiving environment” indicates that a Director’s preapproval is required for an Approved Professional to review a risk assessment which includes “assessment of the aquatic receiving environment”.

There is no intent to include simple comparisons between media concentrations and TRVs. Rather, the limitation is to capture higher level (e.g., population/community, trophic transfer and successional) types of assessment of the aquatic receiving environment.

The limitation would be better worded as: “higher order assessment of population, food chain modelling, and ecological successional aspects of the aquatic receiving environment”.

Section 4.3 provides a Director with the ability to require a recommendation from an Approved Professional for a high risk site. However, at this time, Protocol 6, Table 1 does not provide a provision allowing an Approved Professional to request preapproval of a recommendation for a high risk site.

Exceptions to the requirement for Approved Professional review listed in Column III of Table 2 also include by way of Footnote 2 exceptions listed in Section 4.4 and Table 1. Exceptions listed in Table 1 are eligible for preapproval by the Director. In the case of the exception in Table 2 pertaining to compliance with Technical Guidance 7, there is allowance under Item 5 of Table 1 for obtaining preapproval of noncompliant components such as “modification of toxicity reference values”.

The current wording of Section 4.5 of Version 7 of Protocol 6 resulted in an unintended restriction on the application of instruments.

Applications for a Determination of Contaminated Site, Approval in Principle or Certificate of Compliance for parts of sites where the parcel boundaries are described by metes and bounds are eligible for review under the Approved Professional review process provided the entire extent of contamination at and migrating from the contaminated site is addressed.

An application for an instrument for an affected site (i.e., a site that has been affected by contaminant migration) can and should be limited in its legal description to that portion of the legal parcel that was affected and has been remediated. This may be done on the basis of a legal survey or metes and bounds description.

You can apply for a Certificate of Compliance for the affected parcel without obtaining a Certificate of Compliance for the source site. To do this, we expect that the source site will be remediated under the independent remediation approach and that the following requirements from Protocol 6 in Table 2, item 4 will be met:

The application includes the following written statements confirming that any measures necessary to prevent recontamination of that affected site by the contamination originating at the source site have been put in place:

(i) by an Approved Professional, that the design of any works or implementation of other measures required in the opinion of the Approved Professional to prevent recontamination of the affected site from the source site will, if operated and maintained as specified by the Approved Professional, prevent recontamination of the affected site; and
(ii) by the current owner or operator of the source site, that any works or measures intended to prevent recontamination of the affected site will be implemented, operated, and maintained according to the Approved Professional’s specifications and any requirements in a Certificate of Compliance or Approval in Principle issued for the source site; or
(iii) by the current owner or operator of the affected site, that any works or measures intended to prevent recontamination of the affected site will be implemented, operated, and maintained according to an Approved Professional’s specifications and any requirements in a Certificate of Compliance or Approval in Principle issued for the affected site.

The disposal and discharge of substances is usually not the responsibility of the Land Remediation Section. Please contact the recycling hotline or your regional office for further information.

Further Sources of Information: Toll free: 1-800-667-4321; Lower Mainland: 604 RECYCLE (604 732-9253); http://www.rcbc.bc.ca

Contaminated soil which has been treated to appropriate standards may be reused onsite or at an alternate suitable location. A notice of commencement of independent remediation must be submitted if soil is treated onsite. Contaminated soil may also be disposed of at an authorized facility. A Contaminated Soil Relocation Agreement is generally required in order to move soil to an alternate site for reuse. Where soil contaminant concentrations exceed hazardous waste standards, the soil must be managed in accordance with the Hazardous Waste Regulation.

Hazardous waste must be managed in accordance with the Environmental Management Act's Hazardous Waste Regulation. Except for onsite treatment of hazardous waste in conjunction with contaminated site remediation, hazardous waste disposal is not the responsibility of the Land Remediation Section.

Further Sources of Information: Ministry Regional Operations Branch office

The ministry's Land Remediation Section processes applications and administers authorizations where the discharge of waste to the environment is part of a contaminated site remediation and the discharge is to occur at the contaminated site being remediated (i.e., onsite). The ministry's Regional Operations Branch should be consulted where the discharge is not associated with contaminated site remediation or the discharge is at an offsite management facility.

The applicant should undertake certain activities before formal submission of the application, to ensure the applicant is aware of the legal and technical requirements associated with the application process. These often include a pre-application meeting and consultation with the public, agencies and stakeholders. Also, if required by a Director of Waste Management, a technical assessment of the potential for the discharge to impact human health and the environment completed by a qualified professional.

Information on the Waste Discharge Regulation, application process and application forms can be found online here.

Monitoring requirements may be set out in an authorization or permit under the Environmental Management Act. Discharge monitoring may also be included as a condition in a contaminated sites legal instrument issued by the ministry (e.g. Approval in Principle of a remediation plan, Certificate of Compliance). Where a discharge permit or authorization is not required, monitoring of the treatment system is warranted to ensure that the discharge quality remains acceptable.

The ministry regulates the "end of pipe" discharge to the environment. Requests to discharge to works (e.g. sanitary or storm sewer) must be directed to the utility owner (usually the local government). Requirements for discharge to municipal or private works will vary with each utility owner.

The criteria depend on the type of discharge, contaminant and receiving environment. The discharge must not cause pollution or present a risk to public health. Where a permit is required, detailed assessment may be necessary to establish acceptable discharge concentrations.

Part 10 of the Environmental Management Act (Sections 120 - 128) sets out penalties. As an example, illegal release of hazardous waste into the environment, according to section 120(3)(b) carries a fine not exceeding $1 million or imprisonment for not more than 6 months, or both.

The RCBC Recycling Hotline is a free, province-wide information service on recycling, pollution prevention, waste avoidance, disposal options and regulations.

Further Sources of Information: Toll free: 1-800-667-4321; Lower Mainland: 604 RECYCLE (604 732-9253); http://www.rcbc.bc.ca

For air discharges within Metro Vancouver, see the Air Quality Management Bylaw No. 937. The Ministry of Environment has jurisdiction for air discharge elsewhere in B.C. Waste discharges associated with contaminated site remediation generally require site-specific authorization because "Contaminated Site Contaminant Management" is included in Schedule 1 of the Waste Discharge Regulation. Authorizations for air discharges associated with contaminated site remediation at the site being remediated (i.e. onsite) are administered by the Land Remediation Section. These are typically issued under the Environmental Management Act Section 54(3)(d), provided a notice of commencement of independent remediation has been submitted and the discharge will be treated by carbon filtration or catalytic oxidation. Otherwise, an application must be made to obtain a waste discharge permit. The ministry's Regional Operations Branch administers applications where the discharge is not associated with contaminated site remediation or the authorization is required for an offsite management facility.

Authorization is not required to treat contaminated soil on the site it originates from (the source site), provided the soil is not hazardous waste and there will be no discharge to the environment. A Contaminated Soil Relocation Agreement is generally required to store or treat contaminated soil at an offsite location (i.e. location other than the source site), unless it is an authorized management facility. Requests for authorization to discharge contaminated soil (i.e. dispose) or operate a contaminated soil management facility at an offsite location should be directed to the ministry's Regional Operations Branch.

Where soil contaminant concentrations exceed hazardous waste standards, the soil must be managed in accordance with the Hazardous Waste Regulation under the Environmental Management Act.

Waste discharges associated with contaminated site remediation generally require site-specific authorization. The requirement for an authorization will depend on the treatment method, contaminant concentrations and disposal location. Requests to discharge to sanitary or storm sewer must be directed to the utility owner. The ministry's Land Remediation Section oversees discharges to the environment related to contaminated site remediation where the discharge is to occur at the contaminated site being remediated (i.e. onsite). In that case, authorization is required if the discharge is an "effluent" as defined in the Environmental Management Act. A discharge permit is not required where treated water is discharged to the ground, contaminant concentrations do not exceed applicable groundwater standards in the Contaminated Sites Regulation Schedule 6 and the discharge is not an "effluent" for any other reason. For discharges to the aquatic environment, treated water quality must meet ambient criteria as per the BC Water Quality Guidelines and not be an "effluent" for any other reason. Consultation with federal authorities is warranted prior to discharge to an aquatic environment under federal jurisdiction. The ministry's Regional Operations Branch should be contacted regarding requests for authorization to discharge to the environment, which are not associated with contaminated site remediation or are required for an off-site management facility.

The Ministry of Environment's regional technical and Conservation Officer Service staff enforce the law and regulations. The ministry's nearest office, listed in the blue pages of the local telephone directory, can be contacted for reporting violation complaints.

Report all poachers and polluters to the RAPP toll free number: 1-877-952-7277 (RAPP)

There are several ways that potentially contaminated sites can come to the attention of the ministry: when a spill has occurred or a complaint of possible contamination is received; when a development application for land rezoning, demolition, soil relocation, or similar activity is received by a local government agency and when certain specific industrial or commercial land uses are known to have occurred on the site; when information is received about an independent cleanup taking place; when a property related decommissioning or bankruptcy occurs; and when an application for contaminated site services is received by the ministry. In many cases, the requirement for a site profile is triggered.

A site investigation is the key means of gathering information to assess if a site is contaminated. A preliminary site investigation involves searching existing records for information about a site, interviewing people who are or have been involved with the site, and determining the general location and degree of any contamination. If more information is needed, then a detailed site investigation is undertaken. In this case, investigators conduct more detailed work to determine the location, extent, and impact of contamination. The findings of these investigations are compared with environmental quality standards in the Contaminated Sites Regulation to determine whether or not the site is contaminated.

Further Sources of Information: Technical Guidance #10, Technical Guidance #11

If your site is contaminated, in general the ministry expects that the site will be remediated to meet the applicable environmental quality standards of the Contaminated Sites Regulation. The timing and type of remediation chosen is often at the discretion of the person responsible for the remediation. For a high risk site, the ministry may order or require the site to be remediated. There are four routes to remediation:
1) Independent remediation
2) Submission to ministry by Approved Professional
3) Submission to ministry requesting external contract review
4) Submission to ministry for direct ministry review

Further Sources of Information: Fact Sheets #21, 22, 28, 30

There is currently no general time limit on remediation; however, in some cases, an Approval in Principle may require remediation to be complete by a certain date. Otherwise, you may want to remediate sooner than later because contaminants can migrate; costs of remediation may increase, money may be lost because you are unable to develop your land; and you are vulnerable to remediation orders, pollution prevention orders and pollution abatement orders.

Information on the Waste Discharge Regulation, application process and application forms can be found online here.

A general meaning of the term "remediation" would be to clean up a contaminated site so that it meets the environmental quality standards of the Contaminated Sites Regulation. However, there is a legal definition of "remediation" which is much broader and means action to eliminate, limit, correct, counteract, mitigate or remove any contaminant or the adverse effects of the environment or human health of any contaminant, and includes the following:
a) preliminary site investigations, detailed site investigations, analysis and interpretation, including tests, sampling, surveys, data evaluation, risk assessment and environmental impact assessment;
b) evaluation of alternative methods of remediation;
c) preparation of a remediation plan, including a plan for any consequential or associated removal of soil or soil relocation from the site;
d) implementation of a remediation plan;
e) monitoring, verification and confirmation of whether the remediation complies with the remediation plan, applicable standards and requirements imposed by a Director;
f) other activities prescribed by the minister.

The Environmental Management Act requires that remediation provide permanent solutions to the maximum degree possible taking into account a number of factors. These factors include consideration of the potential for adverse effects on human health or the environment, the technical feasibility and risks associated with the various remedial options, the costs associated with the alternative remediation options, and the potential economic benefits, costs and effects of the remediation options. Proponents responsible for a contaminated site are advised to seek advice on appropriate remedial options from an Approved Professional who has expertise regarding the specific type(s) of contamination present and who is familiar with the provincial legal regime.

Further Sources of Information: Fact Sheet #30

Proponents responsible for a contaminated site are advised to seek advice on appropriate remedial options from an Approved Professional who has expertise regarding the specific type(s) of contamination present and who is familiar with the provincial contaminated sites legal regime.

Further Sources of Information: Fact Sheet #30

There are five steps in the process. Step 1. Screening a site — if site assessment is not needed, no further action is required by the ministry. Step 2. Assessing a site. Step 3. Comparing assessment results with environmental quality standards. If the site is not contaminated, no further action is required by the ministry. Step 4. Remediating the site. Step 5. Monitoring the site to confirm that it meets the standards.

Further Sources of Information: Fact Sheet #1

Once it is determined that a contaminated site requires cleanup, the site owner generally has a number of options for going ahead. These differ according to the extent of involvement required by the ministry and by environmental consultants and according to the legal instruments required. One option does not require any ministry involvement. This is called "independent remediation". Other options require increasing degrees of ministry involvement.

Further Sources of Information: Fact Sheet #21

Option 1: Submission to ministry by an Approved Professional—applications for ministry services (such as an application to receive a Certificate of Compliance) for sites which do not pose a high risk to human health or the environment must be submitted by an Approved Professional.
Option 2: Submission to ministry requesting external contract review—in limited cases, the ministry may contract out report reviews externally to qualified consultants.
Option 3: Submission to ministry for direct ministry review—for high risk sites and sites where risk-based standards are used, the ministry must conduct the review directly.

Further Sources of Information: Fact Sheet #28

To be considered fully cleaned up, a contaminated site must meet the environmental quality standards set for the intended use of the site. Those remediation standards are either numerical or risk-based and can be found in Schedules 4 - 7 and 9 - 11 of the Contaminated Sites Regulation.

Further Sources of Information: Fact Sheet #13

For sites being cleaned up to meet numerical remediation standards, post-cleanup sampling and analyses are obtained to ensure that the contaminants have been removed and that the residual soil, water, and sediment meet the applicable standards. For sites being cleaned up to meet risk-based standards, post-cleanup inspections and regular environmental monitoring are carried out to check that exposure to substances remaining in place is reduced and satisfies the applicable remediation standards.

Further Sources of Information: Fact Sheet #13

Independent remediation involves the cleanup of a site independent of ministry oversight, for example, outside of the framework of an Approval in Principle, Voluntary Remediation Agreement or ministry Order.

Further Sources of Information: Fact Sheet #21

Advantages: remediation can be carried out independent of ministry oversight and without delays and the requirement to pay ministry fees. Disadvantages: remediation carried out under independent remediation may not have been vetted by an Approved Professional or ministry staff and may not meet ministry requirements if approval of remediation by the ministry will be required at some time in the future.

Further Sources of Information: Fact Sheet #21

Section 57 of the Contaminated Sites Regulation states that a written notice of commencement of independent remediation must be provided to the ministry within 3 days after commencement of any remediation activity involving handling, management or treatment of contamination (not including site characterization). Notice of completion must be provided to the ministry within 90 days of completion. Under Section 120(17)(g) of the Environmental Management Act there is a maximum penalty of $200,000 or 6 months' imprisonment if a person fails to notify a Director of initiating or completing independent remediation.

Further Sources of Information: Fact Sheet #21

The notice of commencement and completion of independent remediation form is now available on our website. Submission instructions are on the form.

Further Sources of Information: Fact Sheet #21

Any person carrying out independent remediation must notify the ministry and the affected neighbouring property owners within 15 days that the person becomes aware of the migration or likely migration of substances causing or likely causing contamination of neighbouring sites.

Further Sources of Information: Fact Sheet #34

Yes, even remediation incidental with the removal of a heating oil tank requires a notice of independent remediation.

Further Sources of Information: Fact Sheet #21

No. The ministry should be notified of all remediation activities.

Further Sources of Information: Fact Sheet #21

The requirement to provide notice is a legislated requirement. Under Section 120(17)(g) of the Environmental Management Act there is a maximum penalty of $200,000 or 6 months' imprisonment if a person fails to notify a Director of initiating or completing independent remediation.

Further Sources of Information: Fact Sheet #21

It is preferable. The ministry form was designed to streamline the notification process and contains all of the required information listed in Section 57 (1.2) of the Contaminated Sites Regulation.

Yes. Section 57 of the Contaminated Sites Regulation states that a notice of completion must be provided to the ministry within 90 days of the completion of independent remediation. There are no exemptions from this requirement.

When the ministry receives a notification of commencement or completion of independent remediation, that information is added to the Site Registry, which is available to the public. However, we do not post a separate list, although one may be produced for a fee on request.

A site investigation is the key means of gathering information to determine if a site is contaminated. Land owners can have an investigation done without government involvement, but it should be carried out by experienced and qualified consultants. Findings of these investigations are compared with environmental quality standards in the Contaminated Sites Regulation—the "measuring sticks" against which the presence of contamination by substances in soil, surface water, ground water, and sediment is determined.

Further Sources of Information: Fact Sheet #1, , Technical Guidance #10, 11

If any question is answered "yes" on the site profile, a site investigation is usually triggered. Also, the Director of Waste Management may order a site investigation if he or she receives other information suggesting that a site may be contaminated and pose a risk to human health or the environment.

Further Sources of Information: Fact Sheet #1, , Technical Guidance #10, 11

As described in the Contaminated Sites Regulation Section 58(1)(a) a stage 1 preliminary site investigation includes a review of historical use and records, one or more reconnaissance visits with visual inspection, interviews, any information as to which substances on the site may cause contamination, and any other activities described in a director's protocol. A stage 2 preliminary site investigation allows determination of the general location and degree of any contamination. It includes sampling of relevant environmental media, laboratory or field instrumental analysis, other methods of investigating subsurface conditions, assessment of substance concentrations relative to standards, and any other activities described in Schedule 2 of the Contaminated Sites Regulation. A detailed site investigation determines the location, extent and impact of contamination. The information gathered is usually sufficient to develop a remediation plan or a human health or environmental risk assessment report.

Further Sources of Information: Fact Sheet #1, , Technical Guidance #10, 11

No, if a preliminary site investigation provides adequate information for a Determination of Contaminated Site, a detailed site investigation is not required. A detailed site investigation will be recommended if the consultant investigating your site considers it necessary, usually when an Approval in Principle or Certificate of Compliance is to be sought from the ministry. The ministry also reserves the right to issue a detailed site investigation order.

Further Sources of Information: Fact Sheet #1, , Technical Guidance #10, 11

A site profile is a screening form for identifying potentially contaminated sites. This summary is created from readily available information about a site, including a basic description and its past and present uses. Based on the information provided, a site profile could trigger a site investigation.

Further Sources of Information: Fact Sheet #19, Fact Sheet #37

The form is typically filled out by a site owner or a qualified consultant acting for the site owner.

Further Sources of Information: Fact Sheet #19, Fact Sheet #37

There are three steps to deciding whether a site profile is required:
Step 1. Determine if any of the activities listed in Schedule 2 of the Contaminated Sites Regulation have occurred on a site. The general categories include: chemical industries; electrical equipment industries; mining and milling industries; petroleum and natural gas industries; transportation industries; waste disposal and recycling wood, pulp and paper industries.
Step 2. Establish if a specific type of application or activity is involved. These include applying for subdivision, zoning, development or development variance, soil removal, or demolition; decommissioning a site; taking over a property as a trustee, receiver or liquidator; selling property that has or had a Schedule 2 activity on it; and applying for a Certificate of Restoration under the Petroleum and Natural Gas Act.
Step 3. Decide if any of over 10 exemptions apply.
In addition, a site profile must be submitted if one is ordered by a Director of Waste Management.

Further Sources of Information: Fact Sheet #19, Fact Sheet #37

Illegal drug manufacturing labs are considered a Schedule 2 activity under Section A9 (pharmaceutical products or controlled substances as defined in the Controlled Drugs and Substances Act (Canada), manufacturing or operations) and Section E11 (controlled substances, as defined in the Controlled Drugs and Substances Act (Canada), manufacturing or operations). These sites require a site profile when triggered by any of the circumstances outlined in Section 40 of the Environmental Management Act.

Further Sources of Information: Fact Sheet #19, Fact Sheet #35, Fact Sheet #37

Depending on the circumstances, a completed site profile should be submitted to one of the following:
1. An approving officer, along with a subdivision application;
2. A local government, along with an application for zoning, development, or variance permit or a soil removal or demolition permit;
3. For decommissioning a site: a municipality, along with a demolition permit if required, or a director 10 days prior to dismantling;
4. A prospective purchaser, from the vendor, 30 days before the transfer of ownership or at least before the agreement date. Note: This site profile is not submitted to a Director.
5. A Director from a trustee, receiver, or liquidator within 10 days of taking control of a Schedule 2 activity site. Note: There are no exemptions to this requirement.
6. A Director who has ordered that a site profile be prepared.

Further Sources of Information: Fact Sheets #19, 37, Administrative Guidance #1

All site profiles intended for the Director should be submitted to the following address:
Ministry of Environment, Land Remediation Section, 10470 - 152 Street, Surrey BC V3R 0Y3, Attention: Vincent Hanemayer. These site profiles can also be sent via fax to 604-584-9751. All other site profiles intended for the Site Registrar should be submitted to the following address:
Land Remediation Section, PO Box 9342, Stn Prov Govt, Victoria BC, V8W 9M1.

Further Sources of Information: Fact Sheets #19, 37, Administrative Guidance #1

Once a satisfactorily completed site profile has been received by a local government or approving officer, 15 business days are allowed to do the following:
Forward the site profile to the Director if there are any yes answers in Sections IV to IX. Otherwise, the site profile is sent to the Site Registrar and the application approval process proceeds. Notify the applicant as to whether or not the site profile has been forwarded to the Director. Once the Director receives the site profile from the local government or approving officer, he or she has an additional 15 business days to determine if a site investigation is needed and to notify the local government or approving officer and the applicant of this decision.

Further Sources of Information: Fact Sheet #19, Fact Sheet #37

If you receive a site profile response letter from the ministry indicating that either a preliminary or detailed site investigation is required, this decision will suspend approval of any outstanding or future applications made to local government for the property identified in Section 40 of the Environmental Management Act. Approval of the applications will be suspended until one of the following contaminated sites legal instruments is applied for and obtained: A Determination that the site is not a contaminated site, a Voluntary Remediation Agreement, an Approval in Principle of a remediation plan or a Certificate of Compliance confirming satisfactory remediation of the site. Alternatively, a specific application may be approved if the municipality or approving officer receives a notice from the ministry indicating that the site would not present significant threat or risk if the specific application were approved or if the ministry receives and accepts independent remediation for the site.

Further Sources of Information: Fact Sheet #19, Fact Sheet #37

Under section 3(7) of the Contaminated Sites Regulation a vendor of real property with a Schedule 2 activity usually must provide a site profile to a prospective purchaser at least 30 days before the actual transfer. The prospective purchaser may waive this right.

Protocol 12 states that a Site Risk Classification Report shall accompany all site investigation reports submitted to the ministry as part of a site services application. However, if a site qualifies for a determination the site is NOT contaminated, it is by definition not a high risk site. Therefore, a Site Risk Classification Report does not need to accompany these applications.

If the soil for which a Contaminated Soil Relocation Agreement is being sought and the ministry has not previously received a Site Risk Classification Report for the source site, a Site Risk Classification Report must be submitted with the Contaminated Soil Relocation Agreement. If the ministry has already received a Site Risk Classification Report for the source site (for example, when one has been submitted with a Notification of Independent Remediation for the site), a Site Risk Classification Report does not need to be submitted with the Contaminated Soil Relocation Agreement.

A site at which mobile nonaqueous phase liquid is present or at which an exceedance of an applicable upper cap concentration coupled with a complete exposure pathway exists is initially classified as a “high risk site” under Protocol 12.

If a subsequent detailed human health and ecological risk assessment performed for the site confirms that the site meets the risk-based standards of the Regulation without the need for any exposure pathway controls, that site would be reclassified as “non-high risk site” for the purposes of Protocol 12.

If a subsequent detailed risk assessment performed for the site determines that exposure pathway controls are required to satisfy the risk-based standards of the Regulation and the exposure pathway controls are implemented and maintained in a manner acceptable to the ministry, the site would be reclassified as a “risk managed high risk site” under Protocol 12.

Yes, if the site risk classification has not yet been established.

The site risk classification conditions of Protocol 12 comprise simple, facts-based criteria intended to allow classifications to be made on the basis of limited, readily obtainable and routinely collected data in contaminated site investigations. However, the protocol recognizes that there will be more known about sites with respect to some notification triggers than others. For example, site information at the time of a contaminated sites service application would likely be much more comprehensive and complete than that known about an offsite affected property at the time of submitting a Notification of Likely or Actual Offsite Migration.

If investigations have delineated all nonaqueous phase liquids and all upper cap concentration exceedances outside of distance criteria and below depth and area criteria in the exposure pathway assessment, no further investigation is required to complete the Site Risk Classification Report. Where site investigations are incomplete or insufficient to determine if one or more of the eight exposure pathways is complete at the time a Site Risk Classification Report must be submitted, you must indicate that further investigations are required and the scheduled completion dates for those further investigations in Part 3, Section V of the Site Risk Classification Report.

Where high risk conditions are being remediated under independent remediation in less than 90 days, further site investigations to allow proper completion of the Site Risk Classification Report are not required.

Regardless of the quality and completeness of available site information at the time of submission of the Site Risk Classification Report, where high risk conditions have been identified at a site, they must be indicated on the Report.

Note: additional investigations may be required to support site closure under the Regulation by way of a Notification of Completion of Independent Remediation or Certificate of Compliance.

If based on available site information and in the opinion of a qualified professional the Site Risk Classification Report can be adequately and satisfactorily completed in the absence of investigations of one or more environmental media, the Report can be completed. However, rationale must be provided to clearly support and document the determination of no upper cap concentrations present in the media lacking data. Note that Site Risk Classification Reports are subject to audit.

If a completed Site Risk Classification Report has already been submitted to the ministry for the site in question, and the classification is unchanged at the time the contaminated sites service application is submitted, a new Report need not be submitted with the service application. However, if the original Site Risk Classification Report was incomplete at the time of submission, a new Report must be submitted with the service application.

Once a site is classified as high risk or non-high risk, investigation reports do not need to be accompanied by a Site Risk Classification Report unless the investigation report is for the purpose of requesting a change to the site risk classification.

Yes, the following exemptions to the requirement for submitting a Site Risk Classification Report with a Notification of Independent Remediation apply.

These exemptions do not apply

a) where a Notification of Likely or Actual Offsite Migration is required to be submitted, and
b) to legal parcels with multiple areas of potential environmental concern that are known or are likely to have high risk conditions.

Soil quantity exemption

A person undertaking independent remediation is not required to submit a Site Risk Classification report if the quantity of soil to be remediated does not exceed 5 cubic metres in volume.

Certificate of Compliance – numerical standards exemption

If a Notification of Initiation of Independent Remediation has been submitted to the Director for a site and the Director has received an application for a Certificate of Compliance for the site within 90 days of completion of independent remediation at the site to the numerical standards, a person undertaking independent remediation is not required to submit a Site Risk Classification Report.

Residential underground heating oil storage tank exemption

A person undertaking independent remediation at a site meeting the criteria below is not required to submit a Site Risk Classification Report.

This exemption applies only to independent remediation at sites:

(a) where the person has no duty to submit a Notification of Offsite Migration associated with the independent remediation of contamination at the site under subsection 57 (1) of the Regulation;
(b) where the contamination is limited solely to petroleum hydrocarbons in residential heating oil;
(c) which are not high risk sites;
(d) which land is being used for residential land use; and
(e) where an underground heating oil storage tank with a volume less than or equal to 2 500 litres has been or will be removed.

Spill reporting exemption

Section 57 (2) of the Regulation already provides an exemption from the duty to submit a Notification of Initiation of Independent Remediation arising from an emergency response to a spill. That exemption is applicable only if the spill has been reported in accordance with the requirements of the Spill Reporting Regulation under the Act.

In addition, under this Protocol a person undertaking independent remediation of a spill is not required to submit a Site Risk Classification Report if:

1) Remediation of the spill site is completed within 30 days of the occurrence of the spill and sampling and testing results indicate the site is no longer contaminated, or

2) Any of the following criteria and conditions are met:
(a) The spill is not reportable under the Spill Reporting Regulation;
(b) The quantity of soil which has been remediated does not exceed 10 cubic metres in volume;
(c) Spilled substances are not listed in Schedules 4, 5, 6, 9, 10, or 11 of the Regulation the Regulation (for example, asbestos, canola oil);
(d) Environmental quality standards do not appear in Schedules 4, 5, 6, 9, 10, or 11 of the Regulation for any current or reasonably anticipated future uses of lands at and adjacent to the location of the spill;
(e) The spill has been entirely contained in a spill containment system designed, maintained and operated to contain spills at the spill site;
(f) The spill has not or would not be reasonably expected to contaminate lands, water, or sediments under Provincial jurisdiction because the spill has occurred to marine waters or other areas under Federal jurisdiction;
(g) The Director has received an application for a Certificate of Compliance within 90 days of completion of independent remediation at the spill site.

The contaminated sites legislation defines two general types of environmental quality standards: numerical standards are acceptable concentrations of substances in soil, surface water, groundwater, vapour and sediments. Risk-based standards are acceptable risk levels from exposure to substances at sites. To meet stakeholders' requests for flexibility, the ministry has provided five specific types: generic numerical standards and criteria, matrix numerical standards, site-specific numerical standards, Director's interim standards, and default risk-based standards. Environmental quality standards are used to: determine if a site is contaminated; determine when a site has been adequately cleaned up; determine when soil relocation may occur; and identify potential safety hazards.

Further Sources of Information: Fact Sheets #13, 14, 15

There are six land uses (agricultural, residential, urban park, wildlands, commercial and industrial land) for the numerical soils standards in the Contaminated Sites Regulation and the matrix numerical soil standards have eight additional site-specific factors. The water numerical standards have four uses, including aquatic life, irrigation, livestock watering, and drinking water. There are also two sediment uses, freshwater, and marine and estuarine sediment, and there are sensitive and typical sediment standards for each. The vapour numerical standards have three uses: 1. agricultural, urban park and residential; 2. commercial; and 3. industrial.

Further Sources of Information: Technical Guidance #3

Generic numerical standards in Schedules 4 and 6 of the Regulation are generally based on the interim environmental quality criteria of the Canadian Council of Ministers of the Environment (CCME). The matrix numerical standards in Schedule 5 are based on work by the provincial Contaminated Sites Soils Task Group (CSST). The sediment criteria of Schedule 9 were developed in B.C. through extensive consultations and advice from scientists. The numerical soil and water standards in Schedule 10 were adopted from US Environmental Protection Agency Region 9 preliminary remediation goals. The vapour standards of schedule 11 are based on derivation methodology recommended by the Science Advisory Board for Contaminated Sites in British Columbia. The site-specific numerical standards are usually calculated for each site using the same equations developed to derive the matrix numerical standards or sediment criteria. The default risk-based standards are similar to those recommended by the expert public health committee that advised the province on risk levels considered acceptable for exposure to contaminants at the former Expo '86 site.

Further Sources of Information: Technical Guidance #3

Schedule 5 provides matrix numerical soil standards for sodium ion and chloride ion (i.e. salt). Schedule 6 lists aquatic life, irrigation, livestock watering and drinking water standards for chloride, a drinking water standard for sodium and aquatic life salinity standards.

A contaminated site may be cleaned up using either the numerical or the risk-based standards. It is possible that a site cleaned up to meet the human health or environmental risk-based standards may still exceed the numerical standards. This is because the numerical standards are based on "generic" exposure assumptions (i.e. defined exposure scenarios) which are assumed to apply for the particular land use of a site (e.g. residential versus industrial). In contrast, the risk-based standards approach (i.e. the risk assessment approach) determines on a site-specific basis which exposure pathways actually are or are not present at the site.

Further Sources of Information:Technical Guidance #3

For sites being cleaned up to meet numerical remediation standards, post-cleanup sampling and analyses are obtained to ensure that the contaminants have been removed and that the residual soil, water, sediment and vapours meet the applicable standards. For sites being cleaned up to meet risk-based standards, post-cleanup inspections and regular ongoing environmental monitoring are carried out to check that exposure to substances remaining in place continues to be appropriately risk managed and that the site continues to meet the risk-based standards.

Further Sources of Information: Fact Sheet #13 Technical Guidance #3

BC water quality guidelines for sediment represent generic ambient sediment quality guidelines and are used more commonly in the ministry’s discharge authorization process for evaluating applications for proposed effluent discharges into uncontaminated areas or areas not impacted by human activity.

The Schedule 9 sediment criteria are the applicable legal standards for obtaining a numerical based Certificate of Compliance or Determination under the Regulation.

As fire fighters often reside at a fire hall for long work shifts (i.e., several days), and because a fire hall constitutes an institutional setting, a fire hall would be considered a residential land use under the Contaminated Sites Regulation.

The kitchen would be considered a commercial enterprise; therefore the appropriate land use standards at the site are commercial. However, if a daycare or living space was located at ground surface, the appropriate land use would be residential.

"Hazardous waste" is defined in section 1 of the Hazardous Waste Regulation. Soil contaminated only by salt does not meet any of the criteria defining hazardous waste and is therefore not hazardous waste.

Whether landfills are permitted to take salt contaminated soil depends on the limits established in their permits issued by the ministry.

Unfortunately, there is a transcription error for chlorthal-dimethyl (Dacthal or 1,4-benzenedicarboxylic acid, 2,3,5,6-tetrachloro-, dimethyl ester) in the current version of Schedule 10 of the Regulation.

The correct drinking water protective standard for chlorthal-dimethyl (Dacthal) is 370µg/l).

For due diligence purposes, the Schedule 11 vapour standards being toxicologically risk-based would take precedence over the aesthetic-based “odorous substances – not present” standard.

We are considering recommending that this standard be deleted from Schedule 4 as part of the omnibus updating of the regulation planned for 2011/12). Until that occurs the odorous substances standard is a regulatory soil standard within the Regulation. For the interim, we have developed Protocol 16, “Determining the Presence and Mobility of Nonaqueous Phase Liquids and Odorous Substances” which will come into effect in June 2010. That protocol specifies when the Director considers that an odorous substance is present at a site.

You noted that your site had odours but non detectable soil volatile organic compound concentrations. That raises some questions such as: Was the odour attributable to a substance not prescribed in Schedule 11? Did the volatile organic compound scan cover off all vapour potential contaminants of concern for the site? Was the odour temporary? Was it a disagreeable odour? Has anyone complained about the odour?.

If no one is complaining about the odour and you are confident you have adequately addressed all the vapour potential contaminants of concern for the site, you can probably rule the odour out on the basis that it isn’t a significant aesthetic concern. However, be sure to carefully consider all aspects of Technical Guidance 4, “Vapour Investigation and Remediation” in concluding that soil vapour monitoring is not needed at your site.

The process for including a substance in Schedule 11 was as follows:

1. The ministry made a decision to limit consideration of volatile substances for Schedule 11 to only those substances already listed in Schedules 4, 5, 6, 9 or 10. This initially captured 2- methylnaphthalene as a possible substance for inclusion in Schedule 11, since it was already listed in Schedule 9.
2. The next step was to apply the BC Laboratory Quality Assurance Advisory Committee’s (BCLQAAC’s) recommended volatility definition (i.e., VP > 0.05 Torr and H’ > 1x 10-5 atm-m³/mole) to the list of prescribed substances to determine which of the prescribed substances was volatile.

   2-methylnapthalene: VP = 0.055 and H’ = 5.2x10-4 was initially captured as a volatile prescribed substance. However, you will note that practically speaking, the substance is very close to being screened out as a volatile substance based on the criteria. It would be equally correct to view 2-methylnapthalene as a semi volatile rather than a truly volatile substance.

3. Finally, for those volatile substances for which vapour toxicity reference values (TRVs) were available, Schedule 11 vapour quality standards were calculated. The hierarchy of TRV sources considered was: US Dept of Energy Risk Assessment Information System (RAIS), US EPA Region 9 preliminary Remediation Goals (PRGs) and BC Science Advisory Board (i.e. Health Canada) TRVs obtained from its Screening Level Risk Assessment document. At the time of setting the Schedule 11 standards, no vapour TRVs were available from the above mentioned sources for 2-methylnapthalene. Consequently, no Schedule 11 vapour quality standards were derived for the substance.

At this point, we have no immediate plans to update the Schedule 11 standards. Rather we plan to address possible updating of the vapour standards as a part of the omnibus updating of all the environmental quality standards targeted to begin around 2011/2012. The BCLQAAC has recommended that the ministry address the issue of semi volatile substances as part of the omnibus updating. Finally, the Canadian Council of Ministers of the Environment is currently developing a methodology for derivation of human health protective vapour quality guidelines and has done some work related to the issue of establishing soil quality guidelines for carcinogenic alkylated PAHs. This is work that clearly we would want to consider as part of the omnibus updating.

The “nonchlorinated phenols (total) ” or “total phenols” parameter of Schedule 6 is considered to be a “gross parameter” (i.e., relevant to the gross quantification of a particular class of chemical substances, rather the precise sum of specifically listed chemical substances). The measured concentration of “total phenols” present in water, for comparison to the Schedule 6 “total phenols” water quality standard, is determined using the 4-aminoantipyrine colorimetric analytical method specified in the BC Laboratory manual. This method is relatively nonspecific and can capture a wide range of nonchlorinated phenolic substances which may be present in a particular water sample, including those listed under footnote 14 for soil in Schedule 4.

See above response. The 4-aminoantipyrine colorimetric analytical method is capable of capturing the contribution of all three xylenols in the gross measure of total phenols present in a water sample. It would be incorrect to conclude that the total phenols standard only captures 2,4-dimethylphenol and excludes 2,6 and 3,4-dimethylphenol (or any other specific nonchlorinated phenolic substance for that matter).

The Schedule 10 listing for the 2,4-dimethylphenol agricultural, residential and urban parkland soil standard (i.e., 0.1 or 5 µg/g ) is incorrect. The correct listing is 0.1 or 1 µg/) for all the Schedule 4 footnote 14 listed nonchlorinated phenolic substances, which appear in Schedule 10 (i.e., 2,4-dimethylphenol, 2-methyl 4,6 dinitrophenol and phenol). Thank you for drawing our attention to this error.

Yes. Hazardous waste is regulated under the Environmental Management Act and the Hazardous Waste Regulation. For assistance in interpreting this regulation, see the ministry's Hazardous Waste Legislation Guide.

Further Sources of Information: Ministry Hazardous Waste website

Hazardous waste is defined in Section 1 of the Hazardous Waste Regulation and includes: dangerous goods, PCB wastes, biomedical wastes, wastes containing dioxin, waste oil, waste asbestos, waste pest control products and containers, leachable toxic waste, waste containing tetrachloroethylene, and waste containing polycyclic aromatic hydrocarbon (abbreviated definition, for the full definition see Section 1 of the Hazardous Waste Regulation).

Further Sources of Information: Ministry Hazardous Waste website

Hazardous waste must be registered, manifested, transported and disposed of in accordance with the requirements of the Hazardous Waste Regulation. For details, see the ministry's Hazardous Waste Legislation Guide. In British Columbia, many hazardous wastes are recycled. For the portion that is disposed of, disposal can be done with treatment at an authorized facility or without treatment at an authorized landfill (usually out of province).

Further Sources of Information: Ministry Hazardous Waste website

Illegal drug laboratories produce a great deal of waste which usually contains a variety of solvents and acids. The risks to human health depend on the type and quantity of chemicals associated with the operation, as well as on the manufacturing practices of the laboratory operator. For example, some operators dispose of chemicals through septic fields, discharge to the ground, or into the sewer system. When large quantities of these substances are released into the environment, they can migrate to neighbouring properties, posing risks, for example, by contaminating drinking water and soils used for agriculture. Contact with many of these substances can cause a wide range of ailments such as respiratory disorders, blindness, liver disease, ulcers, and chemical burns. These chemicals may also degrade utilities and can be extremely flammable.

Further Sources of Information: Fact Sheet #35

The property owner is usually considered to be the primary responsible person for a site. Most sites where illegal drug manufacturing occurs are rental properties. This means that the operator of the laboratory may also be held responsible. Typically, however, the operator is difficult to locate (given the nature of the operation), so the cleanup must often be carried out by the property owner. Occasionally the local government where the property is located will investigate and, if necessary, remediate the site if the risks are considered to be high.

Further Sources of Information: Fact Sheet #16 Fact Sheet #35

Because of the criminal element associated with this type of activity, you should contact the RCMP of your local municipality immediately. Often when there is a dump site, there is a laboratory nearby, and the police can obtain a great deal of intelligence from a dump site. The RCMP of the local government may notify the ministry about illegal drug laboratories so that the ministry can assess whether any risks exist to the environment or human health.

Further Sources of Information: Fact Sheet #35

Waste from a drug laboratory is usually considered hazardous waste and must be disposed of according to the Hazardous Waste Regulation. If you find waste from a drug laboratory, however, you should contact the RCMP or your local municipality immediately. Because of the criminal element associated with this type of activity, threats to your personal safety may exist, and the police may want to investigate the waste in hopes of obtaining intelligence about a nearby laboratory.

Further Sources of Information: Fact Sheet #35

Under the Contaminated Sites Regulation illegal drug manufacturing laboratories are considered a Schedule 2 activity (pharmaceutical products or controlled substances as defined in the Controlled Drugs and Substances Act (Canada), manufacturing or operations) and Section E11 (controlled substances, as defined in the Controlled Drugs and Substances Act (Canada), manufacturing or operations). These sites would require a site profile in support of any of the circumstances outlined in Section 40 of the Environmental Management Act.

Further Sources of Information: Fact Sheet #19, Fact Sheet #35, Fact Sheet #37

The movement of contaminants above applicable soil, water or sediment from one parcel of land or site to another.

Further Sources of Information: Fact Sheet #34

If contamination has or has likely migrated from your site you are required to notify all owners of neighbouring sites whose land is or likely is contaminated.

Further Sources of Information: Fact Sheet #34

The notice must be sent to the owner of the neighbouring site including the owners or roadways, easements and utility corridors. The ministry must also be copied on the notification.

Further Sources of Information: Fact Sheet #34

You must provide:
a) the name and address of the person or persons who own the site or sites to be remediated,
b) the name, address and telephone number of the person to contact regarding the remediation activities to be undertaken at the site, and
c) a general description of the nature of the migration or likely migration of each substance.

Further Sources of Information: Fact Sheet #34

The ministry letter outlines our expectations regarding contamination delineation and remediation and cooperation between responsible and affected property owners.

Further Sources of Information: Fact Sheet #34

There is a legal obligation to provide this notification under sections 57 and 60.1 of the Contaminated Sites Regulation. These sections require notification of persons who own neighbouring sites which have been contaminated or are likely to be contaminated by offsite migration of substances. These sections extend to owners of rights-of-way and utilities because the definition of the term "owner" in the Environmental Management Act is quite broad and includes persons who have the right of control or occupy or control the sue of real property. Owners of rights-of-way and utilities qualify as owners under this definition.

The specific obligations are described in our fact sheet 34, "Requirements for Responding to Offsite Contaminant Migration".

In general, the owner or operator at the source site is responsible for cleaning up contamination. More detail is provided in Section 45(2) of the Environmental Management Act?

Further Sources of Information: Fact Sheet #34

The ministry recommends that the affected property owner try to reach an agreement with the source property owner to clean up the contamination that has migrated onto the affected property. Alternately, the owner of the affected property may clean up the contamination of his or her property and then seek compensation for damages in the courts from the owner of the source property. A third, but rare possibility, would be for the ministry to require or order the person responsible for the contamination of the affected property to carry out the cleanup. This occurs only where the affected site would be considered a very high risk site and the situation is serious.

Further Sources of Information: Fact Sheet #34

It is preferable. The ministry form was designed to streamline the notification process and contains all of the required information listed in Sections 57 (1.1) and 60.1 of the Contaminated Sites Regulation.

If a spill of a regulated material occurs, the responsible person must immediately call the Provincial Emergency Program (PEP). Environmental Emergency Response officers will base their response on the determined level of risk posed by the spill. It is expected that all spills, whether reportable or not, must be adequately cleaned up by the person responsible.

Further Sources of Information: Fact Sheet #31, Provincial Emergency Program at 1-800-663-3456

If a spill of a regulated material occurs, the responsible person must immediately call the Provincial Emergency Program (PEP). Environmental Emergency Response officers will base their response on the determined level of risk posed by the spill. It is expected that all spills, whether reportable or not, must be adequately cleaned up by the person responsible.

Further Sources of Information: Fact Sheet #31, Provincial Emergency Program at 1-800-663-3456

The options for remediation of contamination from a spill are the same for remediation of any other contaminated site. They include independent remediation, remediation and submission to the ministry by Approved Professional, remediation and submission to the ministry requesting external contract review and direct ministry review. It is expected that all spills, whether reportable or not, must be adequately cleaned up. Liability for cleanup falls on the person responsible for the spill.

Further Sources of Information: Fact Sheet #31

An underground storage tank is a buried tank which usually contains a petroleum product. Underground storage tanks are most often used to store oil for residential heating and fuel for the transpiration industry. In Canada, residential heating oil storage tanks have been installed and used for over 60 years.

Further Sources of Information: Fact Sheet #32

Requirements for the decommissioning of out-of-service underground storage tanks are described in the B.C. Fire Code. For further information, contact the Office of the Fire Commissioner.

Further Sources of Information: Fact Sheet #32, Office of the Fire Commissioner at OFC@gov.bc.ca

Underground storage tanks are a concern because they are a potential source of contamination of soil and groundwater. They also pose a fire and explosion hazard under certain conditions, and may impact human health.

Further Sources of Information: Fact Sheet #32

Normally it is the responsibility of the land owner to remove underground storage tanks.

Further Sources of Information: Fact Sheet #32

Unused or abandoned heating oil storage tanks should be properly decommissioned by a qualified contractor. Consult your Yellow Pages for persons who are qualified.

Further Sources of Information: Fact Sheet #32

No, the province has not developed set requirements for the installation and operation of underground storage tanks. However, there are documents produced by others that provide useful information. These include the BC Fire Code, the Canadian Council of Ministers of the Environment (CCME) 1993 document entitled Environmental Code of Practice for Underground Storage Tank Systems Containing Petroleum Products and Allied Petroleum Products and the new Federal regulation entitled Storage Tank Systems for Petroleum Products and Allied Petroleum Products.

The ministry need only be notified if remediation of soil and groundwater is carried out in conjunction with tank removal. Residential property owners are not exempt from this requirement. We suggest that you use the standard independent remediation notification form which is available on our website.

Additional permission may be required by the local fire marshal to remove fuel oil underground storage tanks. Please refer to the BC Fire Code for more information.