B39-GU I DELI N E FOR USEA00 SNSN 03689 GUIDELINE FOR USE AT CONTAMINATED SIT ES 1 IN ONTARIO JUNE 1996 1 Appendix Revised September 1998 Record of Site Condition Revised September 1998 1 Ministry of the Environment TD 1045 .06 G85 1998 MOE 1 pi r I I STANDA"S f LIBRARY 1 Guideline for use at contaminated sites in Ontaric 78714 1 t ISBN 0-7778-4052-9 1 F 1 GUIDELINE 1 FOR USE AT CONTAMINATED SITES IN ONTARIO 1 a L JUNE 1996 Cette publication technique 1 nest disponible qu'en anglais. 1 Copyright: Queen's Printer for Ontario, 1996 This publication may be reproduced for non-commercial purposes with appropriate attribution. PIBS 3161E01 1 Copyright Provisions and Restrictions on Copying: This Ontario Ministry of the Environment work is protected by Crown copyright (unless otherwise indicated), which is held by the Queen's Printer for Ontario. It may be reproduced for non-commercial purposes if credit is given and Crown copyright is acknowledged. It may not be reproduced, in all or in part, part, for any commercial purpose except under a licence from the Queen's Printer for Ontario. For information on reproducing Government of Ontario works, please contact Service Ontario Publications at coyri,htC«ntari.<< L Executive summary t The Ministry of Environment and Energy (ministry) has prepared a revised guideline for use when property owners are cleaning up and/or redeveloping contaminated property in Ontario. The ministry has also prepared three accompanying documents which provide property owners and consultants with additional detailed information on parts of the revised guideline. The Guideline for Use at Contaminated Sites, June 1996, (guideline) replaces the Guidelines for the Decommissioning and Clean-up of Sites in Ontario, February 1989 and the Interim Guidelines for the Assessment and Management of Petroleum Contaminated Sites in Ontario, August 1993 issued by the Ministry of the Environment. The guideline does not change the legislative powers or the regulatory mandate of the ministry. The ministry has a mandate to deal with situations where there is an adverse 1 effect, or the likelihood of an adverse effect, associated with the presence or discharge of a contaminant. This responsibility stems primarily from administering the Environmental I Protection Act (R.S.O. 1990) and the Ontario Water Resources Act (R.S.O. 1990). This guideline provides advice and information to property owners and consultants to use when assessing the environmental condition of a property, when determining whether or not restoration is required, and in determining the kind of restoration needed to allow continued use or reuse of the site. The ministry has provided the guideline, along with the supporting documentation, to assist landowners in making decisions on soil and/or 1 groundwater quality for proposed or existing property uses. Public communication is often an element in the site restoration process, particularly when a change in land use is involved. Public communication allows the proponent to receive public input and to address public concerns. The method(s) of public communication will depend on the complexity of the situation and the range of issues involved. Communication initiatives should be co-ordinated and integrated where 1 possible to avoid duplication. The guideline suggests different levels of communication for the range of site restoration approaches. 1 Approaches to site restoration Three approaches for responding to site contamination are described. These approaches may be used when a decision has been made to remediate or restore a contaminated property. The approaches are: background, generic and site specific risk assessment. Guideline for Use at Contaminated Sites t 1 1 F1 Executive summary r Background approach The background approach involves use of soil quality criteria to restore the site to ambient or naturally occurring "background" conditions. These background criteria were 1 developed from an Ontario-wide sampling program at rural and urban parks unaffected by local point sources of pollution. If necessary, a proponent may develop background criteria to reflect local conditions by completing a sampling program as outlined in the guideline. Generic approach 1 The generic approach involves use of soil and groundwater quality criteria which have r been developed to provide protection against the potential for adverse effects to human health, ecological health and the natural environment. The criteria may be applied to agricultural, residential/parkland and industrial/commercial land uses. Criteria are also provided for potable and nonpotable groundwater use. The potable criteria ensure that groundwater may be used as a source of drinking water. The nonpotable criteria offers protection against vapours from groundwater and to aquatic life in receiving surface water. 1 Generic soil criteria are provided for two depths of soil restoration and for two soil textures. Full depth restoration involves use of the same generic criteria to the full extent of contamination. When contamination extends deeper than 1.5 m from the surface a 1 stratified restoration using different generic criteria below 1.5 m is an option. The texture of the subsurface material can influence the numerical value of the criteria and criteria values are provided for coarse and fine textured materials for many of the parameters. Soil and groundwater criteria are provided for an extensive list of parameters. Analysis for all the criteria may not be necessary in all instances. Likewise, soil and groundwater 1 analysis may sometimes be required for parameters not listed in the guideline. The decisions involved in site investigation and parameters for sample analysis are always based on consideration of the specific factors at each property. 1 The generic soil and groundwater criteria may be modified to reflect particular site conditions. This is done through modification of relevant variables in the models and 1 process used to develop the generic criteria. If appropriate, criteria from another jurisdiction may be proposed for use, or new generic criteria may be developed if criteria are not provided for a particular contaminant. ii Guideline for Use at Contaminated Sites r Executive summary 1 Potentially sensitive sites I There may be sites where the physical site characteristics, or the ecological characteristics (plants and animals) are very different from those considered in the development of the generic criteria. For example, a potentially sensitive site is one where there may be a rare t or endangered species which was not considered in thedevelopment of the generic criteria, but which may be affected by site contamination. In such a case, the generic criteria are inappropriate for use and more protective criteria will be needed. There is a range of conditions/situations for which a site may be considered potentially 1 sensitive and an ecological risk assessment may be used to establish protective criteria. In some cases consultation with other agencies such as the Ministry of Natural Resources or local conservation authority will be required in determining whether the site is a sensitive site. Site specific risk assessment approach 1 Site specific risk assessment (SSRA) and risk management are approaches which may be used instead of the background or generic approaches. The SSRA approach does not E involve use of existing soil or groundwater quality criteria; rather this approach may be used to establish criteria for a site or a risk-based level of exposure protection. Risk assessment is a scientific technique which estimates the health risk posed to humans, plants, wildlife and the natural environment from exposure to a contaminant. The principles of risk assessment were used in developing the generic soil and groundwater 1 criteria. Because site specific characteristics are incorporated in a risk assessment, there will be numerical differences between the generic criteria which may apply at a site and those developed through SSRA. The level of health protection provided, however, remains the same as that provided by the generic criteria. 1 Risk management decisions may be made using the results of an SSRA. These decisions f may lead to use of equipment or construction techniques to manage, control the movement of, or reduce the concentrations of contaminants over time, independent of or r in conjunction with site reuse. When risk management decisions involve use of engineered measures to reduce the levels of risk at a site, the type of monitoring and maintenance required for the technique(s) used and the responsibility for ensuring that it/they continue(s) to operate as designed must be outlined in a risk management plan. 1 Guideline for Use at Contaminated Sites Hi 1 A 1 t Executive summary 1 The investigation and restoration process A four-step process is outlined in the guideline. The activities undertaken at each step will depend on site specifics and may vary from one site to another. 1 Site assessment - involves the systematic gathering of information to identify 1. actual or potential contamination at the property. 1 2. Sampling and analysis - is intended to confirm and delineate the presence or absence of contamination at the site. 1 3. Remedial work plan - involves the development and implementation of a plan to restore the site to the appropriate condition and verify that restoration has taken place as planned. 4. Completion - involves summarizing the information gathered in the three 1 previous steps, and may involve providing a record of site condition to the ministry when remedial work has been undertaken. The responsibility for ensuring that the site restoration work is completed in a manner consistent with the information provided in the guideline, and that the site is suitable for the intended use or reuse, remains with the property owner and those undertaking the work. The guideline does not eliminate the need for decision-making or the use of F, professional skills and judgment when site restoration is being undertaken. Administration and record keeping 1 A form called the Record of Site Condition (RSC) provides a mechanism for the property owner and the consultant(s) who performed or supervised the site assessment or 1 restoration work to indicate that work has been completed in keeping with guideline information. Receipt of the RSC will be acknowledged by the ministry. The ministry will review the RSC and, on an audit basis, conduct further reviews to ascertain whether the statements provided are reliable. The audit will provide the ministry with a mechanism to monitor use of the guideline and to identify modifications and improvements for future implementation. G The RSC should be provided to ministry when the stratified approach or certain forms of risk management, as specified in the guideline, are used. Use of these approaches creates a need for notification to be provided to those who may have a future interest in the restored property. A public notification mechanism which uses an order issued under Section 18 of the EPA is provided in the guideline. iv Guideline for Use at Contaminated Sites 1 Executive summary The order directs the property owner to register a certificate of prohibition (issued under Section 197 of the EPA) on the title of the property. The certificate of prohibition requires that information about the restored site be provided to persons who wish to acquire an interest in the site prior to having any dealings with the site. This allows persons who wish to acquire an interest in the property to become familiar with any possible conditions or restrictions on property use which they may face, before acquiringthe restored property. 11 Land use planning A planning application which proposes the reuse or redevelopment of a contaminated or potentially contaminated site may require approval through a number of different I planning mechanisms as required by the Planning Act (R.S.O. 1990). The site assessment process and the application review process may be integrated so that concerns are identified and addressed at the appropriate time. Municipalities may use a number of planning mechanisms to provide direction to applicants. The opportunities and F considerations for use of some of these mechanisms are outlined in the guideline. El 1 t 1 C. r Guideline for Use at Contaminated Sites V