Brownfields Redevelopment  Toolbox

Step 2 - Evaluation

Step 2 - Evaluation (sub-directory)

Conduct Research (due diligence)

In order for a municipality to evaluate the degree to which they are affected by brownfields and how they should prepare to deal with the brownfields issue, the municipality should conduct research as part of their due diligence on factors that will shape their Brownfields Redevelopment Strategy, Official Plan (OP) and Community Improvement Plan (CIP). The research should be detailed enough to provide the background and site characteristics for each site identified in the inventory as well as providing information to determine risks, liabilities and assess costs. 

The Working Group or an external team may be engaged to conduct research on the identified sites in the land and building inventory. It is important for the Municipal Team to work with reliable parties that have a proven track record in remediation work and brownfields-related developments. 

The market for selling redeveloped sites must also be researched and each brownfield site should be mapped for potential marketing. This market research and site map can also be used to complete future density plans and implementation of a Community Improvement Plan.

Site Characterization 

Sitecharacterization is an important step towards evaluating the degree of contamination and the areas of concern within a site.

  • A well-characterized site can reduce the risk of unexpected expenses due to remediation, disposal and potential hidden liabilities.
  • Environmental Site Assessments (ESAs) provide site characteristics that will determine the scope of work needed to mitigate environmental, health and ecological risks associated with the property.
  • A detailed Risk Assessment can then determine the potential risks and pathways of contamination exposure to the human environment. The Risk Assessment should include limits for acceptable exposure over short and long-term periods as well as constant versus periodic exposure.
Site characterization should include:
  • The size of the property
  • History of site
  • Stored chemicals
  • Use and history of neighbouring properties
  • Contamination and areas of concern
  • Risk exposure to workers and general public during cleanup and at final land usage.
A detailed site characterization should provide the data to determine economic viability of the site from a cleanup perspective in order for a developer to assess the worthiness of a property. Is this site a positive, neutral or negative value site? 

Environmental Site Assessment

Environmental Site Assessments, sometimes referred to simply as Environmental Assessments, are composed of a Phase I Environmental Site Assessment (Phase I ESA) and a Phase II Environmental Site Assessment (Phase II ESA). 

The requirements for a Phase I and II ESA are now prescribed by legislation in Ontario. The regulations are outlined under the Brownfields Statute Law Amendment Act, 2001 and Ontario’s Brownfields Legislation and Records of Site Condition Regulation (O. Reg. 153/04). Requirements of the ESAs must be followed if the Phase II ESA is to be used as part of filing a Record of Site Condition (RSC). The RSC requirements follow the Canadian Standards Association (CSA) Standard Z769.
 

A Phase I Environmental Site Assessment (Phase I ESA)  

A Phase I ESA, often referred to as Preliminary Assessment, identifies potential liabilities through site inspection and historical review. Phase I ESAs are non-intrusive investigative research conducted to obtain as much detailed site history as possible without having to sample and analyze the site. A Phase I ESA is composed of a preliminary assessment which is the process of collecting and reviewing available information about known or suspected hazardous wastes storage, spills, releases and contamination. Typical characteristics associated with brownfield properties include soil, surface water and/or groundwater impacted by former operations, stored or buried infrastructure, chemicals, waste, hazardous materials and spills or illegal disposal. 

Components of a Phase I ESA include:
  • Historical research
  • Regulatory request for information
  • Site investigation (visit/interviews)
  • Report preparation
A Phase I ESA may be conducted through:
  • Research of old municipal records, maps, photographs, etc.
  • Interviews with the neighbouring properties and local community, etc.
  • Site visits, considered non-intrusive, which involves walking/touring property to observe evidence of impacted areas, storage areas and containers.
  • The site visit should include interviews with staff and former staff as well a review of operational reports and logs.
  • Identification of potential ‘Areas of Concern’

Phase II Environmental Site Assessment (Phase II ESA)

A Phase II ESA, often referred to as a Site Investigation, is an intrusive investigation and assessment of a property, which can entail sampling of building materials, surface and subsurface media. These may include sections within a brownfield site, the entire property itself and physical pathways to human exposure and off-site migration. A Phase II ESA investigates and confirms the ‘Areas of Concern’ identified through the Phase I ESA and determines the site characteristics (chemicals, contamination and concentrations) present to the extent of the investigation performed. This data is necessary to file a Record of Site Condition (RSC) and perform a Risk Assessment. 

The Legal Framework section outlines the circumstances under the Regulation at which a Phase II ESA must be performed or is exempt.

Components of a Phase II ESA include:

  • Assessment of ‘Areas of Concern’ identified under Phase I ESA
  • Planning of a site investigation
  • Conducting the site investigation
  • Interpreting and evaluation information gathered through the site investigation
  • Preparation of a written report
  • Submission of the written report to the client
  • Filing of a Record of Site Condition (RSC)
  • Preparation of appropriate remedial actions and/or risk assessment
  • Providing responsible care and adhering to regulatory compliance
  • Establishing baseline conditions
A Phase II ESA may be conducted through:
  • Sampling of building materials, stored substances, and surface media (soil and water)
    • Hazardous building material sampling (e.g. asbestos, mold and PCBs found in insulation, tiling, lamps, conductors, etc.)
    • Soil surface sampling<>/li>
    • Water samples from on-site and nearby surface water bodies
    • Discharges into sewage and stormwater drainages
  • Subsurface sampling of soil, vapours (off-gas) and groundwater can be conducted through:
    • Borehole drilling and core sampling
    • Water wells
  • Air quality monitoring (releases and establishment of background levels)
    • Particulates
    • Carbon monoxide
    • Toxic gases
    • Soil-vapour off-gas

Jacques Whitford The following presentation: Brownfield Development and Environmental Due Diligence by Jacques Whitford (Sept 2005) provides greater clarity on Environmental Assessments and Site Characterization.

Tools to aide in Environmental Site Assessments can be found on:
  • Site Assessment featureecologeris
  • EcoLog ERIS Reports: environmental risk information for properties in Canada consolidated from numerous databases and reports that allows users to save time and money when preparing ESA's or gathering data for due diligence or property transactions
 Risk Assessment
Risk Assessments are the scientific approach to assessing the degree of ecological and health risks associated with a contaminated site. This includes the type of contamination, the exposure pathways (bioavailability) and degree of bioaccumulation and its effects on human health and safety from current conditions to the end usage conditions after remedial actions are completed. 

Remediation of brownfields with accordance to a Risk Assessment approach is becoming more common as it is almost impossible, impractical or prohibitively expensive to remediate a site to generic standards or pristine conditions. The cleanup of contaminated sites and the redevelopment of brownfields are determined by economic viability. Increasingly, with new remedial technologies and risk evaluation techniques, risk-based remediation solutions are becoming the norm, particularly when certain types of contaminants are involved. 

It should also be noted that a Risk Assessment, whether at the screening level or in more complex scenarios, is not an exact science. International, national and provincial environmental agencies and communities provide a wide variety of advice and direction on risk assessments, risk assessors and available regulatory guidelines which often differ. Variability is also introduced by the estimates used with exposure to chemicals given different scenarios, receptors used, exposure scenarios assumed and by the selection of different toxicity reference values for risk characterization. 

In Ontario, the Ministry of Environment (MOE) has now defined the requirements of Risk Assessment under O. Regulation 153/04. This regulation is defined under the Legal Framework (Step 2).
  • Risk Assessments were formerly known as “Site Specific Risk Assessments” (SSRAs). Under previous Ontario Guidelines, the review and acceptance process of SSRAs was often slow, unpredictable and uncertain.
  • The legislation now provides time limits for the MOE to review Risk Assessments and the new regulation prescribes standard forms for each stage of the process.
The following are the components of a Risk Assessment in Ontario:
  • Preparation and submission of a pre-submission form
  • Assessments of human health risk and of ecological risk
  • A written risk assessment report, following a mandatory report format that includes a description of the assessments of human health and ecological risk.
The Legal Framework of a Risk Assessment in Ontario is described in greater detail under the Legal Framework: Risk Assessment 

It should be noted that provincial regulatory agencies offer different guidelines on many aspects of a risk assessment. A standardized guidance document should be adopted at the provincial and federal levels to assist with the consistent assessment of risks posed by contaminated sites across Canada. 

Health Canada is the lead federal agency with respect to Risk Assessments when addressing federally lands and their guidance documents for Risk Assessments should be used. 


Remediation Costs and Options
 
In order to address the next steps in evaluating financing needs, liability concerns and risk management techniques, the municipality must evaluate and accurately predict the Remediation Costs and Options that may be implemented on the site. Therefore, the municipality must understand the risks identified and the remedial options and costs available as suggested by their consultant. 

Remedial plans presented to the Municipal Team should include options and costs for the implementation and execution of: 
  • Remediation technologies (proven or new)
  • Cleanup techniques
  • Contractual services
  • Waste disposal and transportation
  • Noise pollution barriers
  • Air pollution mitigation
  • Monitoring techniques (short and long term)
  • Phased remedial and construction work (stages and timelines)
  • Insurance premiums
  • Exit strategy
It should be noted that there are numerous proven technologies and remediation options available today. There is no single technology that outperforms all others in a given situation. This is because there are numerous factors involved in contaminated sites that vary from site to site and influence the technology or combination of technologies that should be implemented, such as:
  • Type and concentration of contaminant(s)
  • Media in which the contaminant occurs
  • Depth and access to contamination
  • Health and safety concerns
  • Environmental protection required
  • Use and expense of in-situ and/or ex-situ techniques
  • Use of proven technologies
  • Surface and sub-surface physical and chemical conditions
  • Physical constraints of location and time
  • Standards to which the site must be remediated based on regulatory compliance or risk assessments.
Technologies typically fall under the following categories:
  • Source Removal and Disposal
  • Bioremediation/Phytoremediation
  • Chemical Oxidation
  • Thermal Destruction
  • Extraction/Separation
  • Collection
  • Barrier/Containment
  • Dredging/Excavation
  • Other unique technology categories
The cost of remediation, type of technology/service and time involved to remediate on-site or remove contaminants off-site for remediation often determine which technologies or options to choose from based on site-specific conditions. 

Following the Phase II ESA and a Risk Assessment, a Qualified Person should select the best option(s) to address the contaminants of concern. After addressing the social, health, economic, environmental, legal and liability concerns associated with the cleanup of the site and current/future use of the site and its surroundings, a choice must be made as to whether the site will be cleaned, to what level it will be cleaned, how much to clean on-site and off-site, whether to remove all materials, and what materials can be left on-site and reused. 

It should also be noted that if financing and insurance is required, quite often institutes that provide these services prefer the use of proven and reliable remediation technologies and techniques with predictable outcomes, costs and acceptance by regulatory bodies. The requirements and choices preferred by lenders are provided in Step 2, under the heading Financial Barriers: Lenders' Concerns and What the Lender Needs to Know.

Tools and resources available identify remediation options include: