Over the December 2009 winter break, the Ministry of the Environment issued long awaited amendments to the Brownfields’ Regulation – posted as O. Reg 511/09 made under the Environmental Protection Act, amending O. Reg 153/04 (Records of Site Condition – Part XV.1 of the Act).
These amendments implement many of the loose ends from prior amendments to the Environmental Protection Act from 2007 and have been long awaited as a result. The amendments are quite detailed covering many facets of Phase I and Phase II Environmental Site Assessment requirements, Records of Site Condition, and incorporate the new concept of a modified generic risk assessment (or Tier 2 risk assessment).
The following is designed to highlight particular sections of note. While some of the amendments came into force as of December 29, 2009, most of the amendments will not come into force until July 1, 2011, including the new Soil, Groundwater and Sediment Standards. Throughout the summary, we will reference whether the sections discussed are in force. The “new” standards are referenced in the amendments as of July 2009 but were only available to the public as of January 6, 2010. The actual Tier 2 modified risk assessment model is also available for review and is commented upon briefly below.
- The Standards
- Some Definitions of Note
- Qualified Persons (QPs)
- Records of Site Condition (RSCs)
- Phase I and Phase II Environmental Site Assessments (ESAs)
- Imported Soil
- Modified Generic Risk Assessment Model
- Summary
The full article (5 pages) is available as on online PDF on Miller Thomson's Web site , please go to http://www.millerthomson.com/docs/EnviroNotes_January_8_2010_-_Client_Alert.pdf
