 |
| You are here > Introduction > Stage 3 > Record of Site Condition Stage 3: Implementation - Technical - Record of Site Condition |
|
A Record of Site Condition (RSC) is a statement filed by a Qualified Person (QP) to protect property owners from environmental cleanup orders and it must be filed whenever a property changes to a more sensitive use. In order to file an RSC, the property must have been properly assessed and shown to meet the soil, sediment and groundwater standards appropriate for the use (i.e.residential) proposed to take place on the property. The Record of Site Condition Regulation (O. Reg. 153/04) details requirements related to site assessment and clean up. A Phase II ESA must be completed in order to submit an RSC.
Municipalities should require that a Record of Site Condition be filed for all typical service station redevelopment projects where ownership or land use is going to change. While a RSC is only required by the Ontario Ministry of the Environment when changing to a more sensitive property use, municipalities should require the filing of an RSC on all service station sites since it can provide protection from regulatory liability including future cleanup orders.
A municipality may require an RSC as part of their approval process but a municipality cannot require an RSC for:
- the issuance of a building permit where no change of use is contemplated; or
- site plan approval.
A Certificate of Property Use (CPU) is an MOE document issued where the clean-up of a property is based on a risk assessment, rather than full treatment or removal of contamination. The CPU is intended to prevent risks to property users from the contamination left on-site. For example, a CPU may prohibit any buildings with basements, or may require ongoing monitoring of groundwater or interior air. When MOE proposes to issue a CPU, a notice must be posted on the EBR Registry giving the Municipality and the public 30 days to comment. Additional consultation may also be required under the EBR (a CPU is a Class II EBR instrument.) This gives the Municipality and the public the right to seek leave to appeal the CPU.
A CPU can be issued, if necessary, by the Ministry for any property for which a risk assessment has been conducted. The issuance of a CPU is at the discretion of the Director. The CPU can require that certain actions be taken or can limit certain property uses or the construction of specified buildings as a conditions of acceptance of the risk assessment. The types of actions to be taken include the installation and operation of equipment, site monitoring and reporting. An order may also be issued requiring the CPU to be registered on title. A CPU is not required or issued when the cleanup of a property is based on stratified generic site condition standards.
The MOE Director may require financial assurance as part of the issuance of the CPU. Financial assurance may be required by the Ministry for properties with risk management measures that must continuously function to ensure the property remains suitable for the specified land-use. Generally, these are "active" risk management measures such as active ventilation, effluent treatment systems, or on-going monitoring programs. CPUs are uploaded by MOE to the registry (EBR) and can be viewed by the public.
| Best Practices |
|
| Case Studies & Examples |
| Resources & Guidance Documents |
|
| View Framework Diagram |