Draft Plain Language Guides for Phase One and Phase Two Environmental Site Assessments Under Ontario Regulation 153/04, Records of Site Condition
Bill or Act:
Environmental Protection Act
Summary of Proposal:
The proposed guidance is comprised of two draft plain-language documents:
Plain Language Guide for Phase One Environmental Site Assessments (ESAs) under Ontario Regulation 153/04; and
Plain Language Guide for Phase Two Environmental Site Assessments under Ontario Regulation 153/04.
The guides will provide plain language interpretations of the ESA requirements in Ontario Regulation 153/04 (O. Reg. 153/04). Specifically, the guidance is targeted at qualified persons (QPs) conducting ESAs for the purpose of submitting and filing a Record of Site Condition (RSC) under O. Reg. 153/04. A QP may conduct or supervise an ESA to be used in support of the submission of a RSC and must be a professional geoscientist or professional engineer in Ontario. Although these guides provide plain language interpretations of the regulation, they are not intended to provide detailed methodologies beyond the requirements of the regulation as these are considered to be at the discretion of the QP and their professional associations.
The new ESA requirements set clear rules on minimum requirements for phase one and two ESAs that are consistent with currently accepted professional engineering and geoscience practices. The new ESA requirements will enhance the integrity of a RSC by providing clear rules around the completion of ESAs completed under O. Reg. 153/04, thereby increasing the quality and consistency of RSC submissions.
The legislative and regulatory requirements for conducting phase one and two ESAs are set out in Part XV.1 of the EPA and O. Reg. 153/04. The completion of a phase one ESA is required for all RSC filings. The completion of a phase two ESA is required to file a RSC under the following circumstances: certain types of property use changes as set out in Section 27 of O. Reg. 153/04; if the property is an enhanced investigation property; when a potentially contaminating activity is present or was present on the property; or when a QP determines that a phase two ESA is necessary.
April 8, 2011
Comments Due Date:
May 23, 2011