Regulation - LGIC

Proposal for Amending Ontario Regulation 153/04, Brownfields Records of Site Condition

Regulation Number(s):
Bill or Act:
Environmental Protection Act
Summary of Proposal:
The amendments clarify the intent and scope of certain provisions, correct for minor errors and incorporate new data, all in support of the safe and efficient redevelopment of brownfield sites.

The amendments to O. Reg. 153/04 include:

Revising a few standards in the referenced document Soil, Ground Water and Sediment Standards to reflect current science - e.g. sodium and petroleum hydrocarbons, and correcting errors in other standards;

Clarifying that use of potable ground water standards is necessary near wells that are used for human consumption or agriculture, but not near wells that do not require potable water (e.g. dewatering wells);

Clarifying which potentially contaminating activities may trigger the need for a phase two environmental site assessment, current wording could be interpreted too broadly (e.g. salt use);

Clarifying requirements for indoor sports facilities including arenas and swimming pools to ensure a Record of Site Condition is filed where appropriate for these types of facilities, used by active children for prolonged periods of time;

Providing a mechanism for filing a Record of Soil Condition where there is no soil (all soil is removed for remediation or construction purposes). In these situations there is no soil to meet the current sampling requirements specified in the regulation and it is not possible to file an RSC; and

Additional minor technical amendments including technical amendments to the Approved Modified Generic Risk Assessment Model and the Protocol for Analytical Methods Used in the Assessment of Properties under Part XV.1 of the Environmental Protection Act to ensure they are consistent, correct, clear, user friendly, reflect up-dates to the regulation and to ensure that laboratory methods and requirements are up to date with best practices.
Further Information:
Proposal Number:
11-MOE034
Posting Date:
May 27, 2011
Comments Due Date:
May 27, 2011