Ontario Ministry of the Environment and Climate Change - Record of Site Condition #

Transcription

1 Ontario Ministry of the Environment and Climate Change - Record of Site Condition # Record of Site Condition Under Part XV.1 of the Environment Protection Act Summary Record of Site Condition Number Date Filed to Environmental Site Registry 2014/10/27 Certification Date 2014/01/20 Current Property Use Industrial Intended Property Use Commercial Certificate of Property Use Number No CPU Applicable Site Condition Standards** Full Depth Generic Site Conditions Standard, with Non-potable Ground Water, Medium and Fine Textured Soil, for Commercial property use Property Municipal Address DRUMMOND ROAD, NIAGARA FALLS, ON, L2G 4P9 Notice to Readers Concerning Due Diligence This record of site condition has been filed in the Environmental Site Registry to which the public has access and which contains a notice advising users of the Environmental Site Registry who have dealings with any property to consider conducting their own due diligence with respect to the environmental condition of the property, in addition to reviewing information in the Environmental Site Registry. Contents of this Record of Site Condition This record of site condition consists (RSC) of this document which is available to be printed directly from the Environmental Site Registry as well as all supporting documentation indicated in this RSC to have been submitted in electronic format to the Ministry of the Environment and Climate Change. Filed Record of Site Condition # on 2014/10/27 1 of 20

2 PART 1: PROPERTY OWNERSHIP, PROPERTY INFORMATION AND OWNER'S CERTIFICATIONS Information about the owner who is submitting or authorizing the submission of the RSC Owner Name Authorized Person Mailing Address Postal Code PROVINCIAL MAINTENANCE INC. RALPH TERRIO 7725 DRUMMOND ROAD, NIAGARA FALLS ONTARIO, CANADA L2G 4P9 Phone (905) Fax Address Filed Record of Site Condition # on 2014/10/27 2 of 20

3 RSC Property Location Information Municipal Address(es) Municipality Legal Description Assessment Roll Number(s) Property Identifier Number(s) DRUMMOND ROAD, NIAGARA FALLS, ON L2G 4P9 Niagara Falls See Attached Lawyer s Letter (LT) RSC Property Geographical References Coordinate System UTM Datum NAD 83 Zone 17 Easting 654, Northing 4,769, RSC Property Use Information The following types of property uses are defined by the Regulation: Agricultural or other use, Commercial use, Community use, Industrial use, Institutional use, Parkland use, and Residential use. Current Property Use Intended Property Use Certificate of Property Use has been issued under section of the EPA Industrial Commercial No Filed Record of Site Condition # on 2014/10/27 3 of 20

4 Please See the Signed Statements of Property Owner, or Agent, or Receiver at the End of this RSC The rest of this page has been left intentionally blank Filed Record of Site Condition # on 2014/10/27 4 of 20

5 PART 2: LIST OF REPORTS, SUMMARY OF SITE CONDITIONS AND QUALIFIED PERSON S STATEMENTS AND CERTIFICATIONS Qualified Person's Information Name Type of Membership Under the Professional Geoscientists Act C.W. BAILEY WALTERS Practising Member Membership Number 1428 QP Employer Name Mailing Address WSP CANADA INC. SUITE 300, 1425 CORMORANT ROAD, HAMILTON ONTARIO, L9G 4V5 CANADA Phone (289) Fax (289) Address bailey.walters@wspgroup.com Municipal Information Local or Single-Tier Municipality Upper-Tier Municipality Niagara Falls Niagara Ministry of the Environment District Office District Office District Office Address Niagara District Office 9th floor, 301 St. Paul St., St. Catharines ON L2R 3M8 Filed Record of Site Condition # on 2014/10/27 5 of 20

6 Phase One Environmental Site Assessment Report Document used as the phase one environmental site assessment report and updates in submitting the RSC for filing The date the last work on all of the records review, interviews and site reconnaissance components of the phase one environmental site assessment was done (refer to clause 28(1)(a) of O. Reg. 153/04) (YYYY/MM/DD) 2013/12/09 Type of Report Report Title Date of Report (YYYY/MM/DD) Author of Report Name of Consulting Company P1 ESA DRUMMOND ROAD, NIAGARA FALLS, ONTARIO-- PHASE ONE ENVIRONMENTAL SITE ASSESSMENT-- REVISED 2014/09/22 David MacGillivray WSP CANADA INC. P1 ESA Update DRUMMOND ROAD, NIAGARA FALLS, ONTARIO-- PHASE ONE ENVIRONMENTAL SITE ASSESSMENT-- REVISED 2014/10/14 David MacGillivray WSP CANADA INC. Reports and Other Documents Related to the Phase One Environmental Site Assessment Reports and other documents relied upon in certifying the information set out in section 10 of Schedule A or otherwise used in conducting the phase one environmental site assessment Report Title Phase I Environmental Site Assessment Drummond Road & Adjacent Property, Niagara Falls Date of Report (YYYY/MM/DD) Author of Report Name of Consulting Company 2010/05/21 Dan Mohr GENIVAR Consultants LP (now WSP) Filed Record of Site Condition # on 2014/10/27 6 of 20

7 Phase Two Environmental Site Assessment Report Document used as the phase two environmental site assessment report and updates in submitting the RSC for filing The date the last work on all of the planning of the site investigation and conducting the site investigation components of the phase two environmental site assessment was done (refer to clause 33.5(1)(a) of O. Reg. 153/04) (YYYY/MM/DD) 2014/01/20 Type of Report Report Title Date of Report (YYYY/MM/DD) Author of Report Name of Consulting Company P2 ESA 7725 DRUMMOND ROAD and Adjacent Property, NIAGARA FALLS, ONTARIO--PHASE TWO ENVIRONMENTAL SITE ASSESSMENT--REVISED 2014/03/18 Bailey Walters WSP CANADA INC. P2 ESA Update P2 ESA Update Drummond Road, Niagara Falls 2014/09/22 Bailey Walters WSP CANADA INC Drummond Road, Niagara Falls 2014/10/14 Bailey Walters WSP CANADA INC. Reports and Other Documents Related to the Phase Two Environmental Site Assessment Reports and other documents relied upon in making any certifications in the RSC for the purposes of Part IV of Schedule A or otherwise used in conducting the phase two environmental site assessment Report Title Date of Report (YYYY/MM/DD) Author of Report Name of Consulting Company N/A Filed Record of Site Condition # on 2014/10/27 7 of 20

8 Environmental Condition Section 41 applies? Section 43.1 applies? No No Site Condition Information Certification date (YYYY/MM/DD) 2014/01/20 Total area of RSC property (in hectares) Number of any previously filed RSC that applies to any part of the RSC property Number of any previously filed Transition Notice that applies to any part of the RSC property Soil Texture Assessment/Restoration Approach Site investigation includes the investigation, sampling and analysis of ground water? Is there soil present that is sufficient to investigate, sample and analyze soil on, in or under the property in accordance with s. 6, Schedule E of O.Reg. 153/04? Site investigation includes the investigation, sampling and analysis of soil on, in or under the property which is used in the RSC? Name of the laboratory used to analyze any samples collected of soil, ground water or sediment Ground water condition (potable, non-potable) Medium and Fine Full Depth Generic Yes Yes Yes EXOVA Non-potable Applicable Site Condition Standard TABLE 3 Local or single-tier municipality non-potable written notification date 2014/10/14 Upper-tier municipality non-potable written notification date 2014/10/14 Filed Record of Site Condition # on 2014/10/27 8 of 20

9 Table 1 Maximum Contaminant Concentrations Compared to Applicable Site Condition Standards Measured Concentration for Contaminants in Soil Contaminant Name Maximum Concentration Applicable Site Condition Standard Unit of Measure 1 Antimony < 1 50 µg/g 2 Arsenic µg/g 3 Barium µg/g 4 Beryllium 1 10 µg/g 5 Boron (Hot Water Soluble)* < µg/g 6 Boron (total) µg/g 7 Cadmium µg/g 8 Chromium Total µg/g 9 Chromium VI µg/g 10 Cobalt µg/g 11 Electrical Conductivity ms/cm 12 Copper µg/g 13 Cyanide (CN-) < µg/g 14 Lead µg/g 15 Mercury < µg/g 16 Molybdenum 1 40 µg/g 17 Nickel µg/g 18 Selenium < µg/g 19 Silver < µg/g 20 Sodium Adsorption Ratio Thallium < µg/g 22 Uranium µg/g 23 Vanadium µg/g 24 Zinc µg/g 25 Acenaphthene < µg/g 26 Acenaphthylene < µg/g 27 Anthracene < µg/g 28 Benz[a]anthracene < µg/g 29 Benzo[a]pyrene µg/g 30 Benzo[b]fluoranthene < µg/g 31 Benzo[ghi]perylene < µg/g 32 Benzo[k]fluoranthene < µg/g 33 Chrysene µg/g 34 Dibenz[a h]anthracene < µg/g 35 Fluoranthene µg/g 36 Fluorene < µg/g 37 Indeno[1 2 3-cd]pyrene < µg/g 38 Methlynaphthalene, 2-(1-) *** < µg/g 39 Naphthalene < µg/g Filed Record of Site Condition # on 2014/10/27 9 of 20

10 39 Naphthalene < µg/g 40 Phenanthrene µg/g 41 Pyrene µg/g 42 Acetone < µg/g 43 Benzene < µg/g 44 Bromodichloromethane < µg/g 45 Bromoform < µg/g 46 Bromomethane < µg/g 47 Carbon Tetrachloride < µg/g 48 Chlorobenzene < µg/g 49 Chloroform < µg/g 50 Dibromochloromethane < µg/g 51 Dichlorobenzene, 1,2- < µg/g 52 Dichlorobenzene, 1,3- < µg/g 53 Dichlorobenzene, 1,4- < µg/g 54 Dichlorodifluoromethane < µg/g 55 Dichloroethane, 1,1- < µg/g 56 Dichloroethane, 1,2- < µg/g 57 Dichloroethylene, 1,1- < µg/g 58 Dichloroethylene, 1,2-cis- < µg/g 59 Dichloroethylene, 1,2-trans- < µg/g 60 Dichloropropane, 1,2- < µg/g 61 Dichloropropene,1,3- < µg/g 62 Ethylbenzene < µg/g 63 Ethylene dibromide < µg/g 64 Hexane (n) < µg/g 65 Methyl Ethyl Ketone < µg/g 66 Methyl Isobutyl Ketone < µg/g 67 Methyl tert-butyl Ether (MTBE) < µg/g 68 Methylene Chloride < µg/g 69 Styrene < µg/g 70 Tetrachloroethane, 1,1,1,2- < µg/g 71 Tetrachloroethane, 1,1,2,2- < µg/g 72 Tetrachloroethylene < µg/g 73 Toluene < µg/g 74 Trichloroethane, 1,1,1- < µg/g 75 Trichloroethane, 1,1,2- < µg/g 76 Trichloroethylene < µg/g 77 Trichlorofluoromethane < µg/g 78 Vinyl Chloride < µg/g 79 Xylene Mixture < µg/g 80 Petroleum Hydrocarbons F1**** < µg/g 81 Petroleum Hydrocarbons F2 < µg/g 82 Petroleum Hydrocarbons F µg/g Filed Record of Site Condition # on 2014/10/27 10 of 20

11 81 Petroleum Hydrocarbons F2 < µg/g 82 Petroleum Hydrocarbons F µg/g 83 Petroleum Hydrocarbons F µg/g Filed Record of Site Condition # on 2014/10/27 11 of 20

12 Table 1 Maximum Contaminant Concentrations Compared to Applicable Site Condition Standards (Continued) Ground Water Contaminant Name Maximum Concentration Applicable Site Condition Standard Unit of Measure 1 Antimony < µg/l 2 Arsenic < µg/l 3 Barium µg/l 4 Beryllium < µg/l 5 Boron (total) µg/l 6 Cadmium < µg/l 7 Chloride 55, µg/l 8 Chromium Total µg/l 9 Chromium VI < µg/l 10 Cobalt µg/l 11 Copper 5 87 µg/l 12 Cyanide (CN-) < 1 66 µg/l 13 Lead < 1 25 µg/l 14 Mercury < µg/l 15 Molybdenum µg/l 16 Nickel µg/l 17 Selenium < µg/l 18 Silver < µg/l 19 Sodium 94, µg/l 20 Thallium < µg/l 21 Uranium µg/l 22 Vanadium µg/l 23 Zinc < µg/l 24 Acenaphthene µg/l 25 Acenaphthylene µg/l 26 Anthracene < µg/l 27 Benz[a]anthracene < µg/l 28 Benzo[a]pyrene < µg/l 29 Benzo[b]fluoranthene < µg/l 30 Benzo[ghi]perylene < µg/l 31 Benzo[k]fluoranthene < µg/l 32 Chrysene < µg/l 33 Dibenz[a h]anthracene < µg/l 34 Fluoranthene µg/l 35 Fluorene µg/l 36 Indeno[1 2 3-cd]pyrene < µg/l 37 Methlynaphthalene, 2-(1-) *** µg/l 38 Naphthalene µg/l 39 Phenanthrene µg/l Filed Record of Site Condition # on 2014/10/27 12 of 20

13 39 Phenanthrene µg/l 40 Pyrene µg/l 41 Acetone < µg/l 42 Benzene < µg/l 43 Bromodichloromethane < µg/l 44 Bromoform < µg/l 45 Bromomethane < µg/l 46 Carbon Tetrachloride < µg/l 47 Chlorobenzene < µg/l 48 Chloroform < µg/l 49 Dibromochloromethane < µg/l 50 Dichlorobenzene, 1,2- < µg/l 51 Dichlorobenzene, 1,3- < µg/l 52 Dichlorobenzene, 1,4- < µg/l 53 Dichlorodifluoromethane < µg/l 54 Dichloroethane, 1,1- < µg/l 55 Dichloroethane, 1,2- < µg/l 56 Dichloroethylene, 1,1- < µg/l 57 Dichloroethylene, 1,2-cis- < µg/l 58 Dichloroethylene, 1,2-trans- < µg/l 59 Dichloropropane, 1,2- < µg/l 60 Dichloropropene,1,3- < µg/l 61 Ethylbenzene < µg/l 62 Ethylene dibromide < µg/l 63 Hexane (n) < µg/l 64 Methyl Ethyl Ketone < µg/l 65 Methyl Isobutyl Ketone < µg/l 66 Methyl tert-butyl Ether (MTBE) < µg/l 67 Methylene Chloride < µg/l 68 Styrene < µg/l 69 Tetrachloroethane, 1,1,1,2- < µg/l 70 Tetrachloroethane, 1,1,2,2- < µg/l 71 Tetrachloroethylene < µg/l 72 Toluene < µg/l 73 Trichloroethane, 1,1,1- < µg/l 74 Trichloroethane, 1,1,2- < µg/l 75 Trichloroethylene < µg/l 76 Trichlorofluoromethane < µg/l 77 Vinyl Chloride < µg/l 78 Xylene Mixture µg/l 79 Petroleum Hydrocarbons F1**** < µg/l 80 Petroleum Hydrocarbons F2 < µg/l 81 Petroleum Hydrocarbons F3 < µg/l 82 Petroleum Hydrocarbons F4 < µg/l Filed Record of Site Condition # on 2014/10/27 13 of 20

14 81 Petroleum Hydrocarbons F3 < µg/l 82 Petroleum Hydrocarbons F4 < µg/l Filed Record of Site Condition # on 2014/10/27 14 of 20

15 Remedial Action and Mitigation Remediated Soils Estimated quantities of the soil, if any, originating at and remaining on the RSC property that have been remediated, at a location either on or off the property, to reduce the concentration of contaminants in the soil. Indicate the remediation process or processes used and the estimated amount of soil remediated by each identified process. Soil Remediation Process Estimated Quantity of Soil (in-ground volume in m³) Description of Remediation Description of any action taken to reduce the concentration of contaminants (including soil removals) on, in or under the RSC property. Soil or Sediment Removed and Not Returned Estimated quantities of soil or sediment, if any, removed from and not returned to the RSC property. Estimated Quantity of Soil (in-ground volume in m³) Estimated Quantity of Sediment (in-ground volume in m³) Soil Brought to the Property Estimated quantity of the soil, if any, being brought from another property to and deposited at the RSC property, not including any soil that may have originated at but been remediated off the RSC property and that is identified in section 28 of Schedule A. Estimated Quantity of Soil Brought to the Property (in-ground volume in m³) Filed Record of Site Condition # on 2014/10/27 15 of 20

16 Ground Water Control or Treatment Measures Ground water control or treatment measures that were required for the RSC property prior to the certification date for the purpose of submitting the RSC for filing. Ground water control or treatment measures that are required for the RSC property after the certification date. Estimated volume of ground water, if any, removed from and not returned to the RSC property. Estimated Volume of Ground Water (in litres) Filed Record of Site Condition # on 2014/10/27 16 of 20

17 Other Activities Including Risk Management Measures Constructed works that prior to the certification date for the purpose of submitting the RSC for filing, were required to control or otherwise mitigate the release or movement of known existing contaminants at the RSC property. Constructed works that after the certification date, are required to control or otherwise mitigate the release or movement of known existing contaminants at the RSC property. Monitoring or Maintenance Soil Management Measures Soil monitoring requirements or any requirements for care, maintenance or replacement or any monitoring or control works for known existing contaminants, if any, on the RSC property, after the certification date. Ground Water Management Measures Ground water monitoring requirements or requirements for care, maintenance or replacement of any monitoring or control works or known existing contaminants, if any, on the RSC property, after the certification date. Remediated or Removed Soil, Sediment or Ground Water From Near Property Boundary Has any soil, sediment or ground water at the RSC property that is or was located within 3 metres of the RSC property boundary been remediated or removed for the purpose of remediation? No Filed Record of Site Condition # on 2014/10/27 17 of 20

18 Qualified Person s Statements and Certifications As the qualified person, I certify that: A phase one environmental site assessment of the RSC property, which includes the evaluation of the information gathered from a records review, site reconnaissance, interviews, a report and any updates required, has been conducted in accordance with the regulation by or under the supervision of a qualified person as required by the regulation. A phase two environmental site assessment of the RSC property, which includes the evaluation of the information gathered from planning and conducting a site investigation, a report, and any updates required, has been conducted in accordance with the regulation by or under the supervision of a qualified person as required by the regulation. The information represents the site conditions at the sampling points at the time of sampling only and the conditions between and beyond the sampling points may vary. As of 2014/01/20, in my opinion, based on the phase one environmental site assessment and the phase two environmental site assessment, and any confirmatory sampling, there is no evidence of any contaminants in the soil, ground water or sediment on, in or under the RSC property that would interfere with the type of property use to which the RSC property will be put, as specified in the RSC. Ground water sampling has been conducted in accordance with the regulation by or under the supervision of a qualified person as required by the regulation. I have, within the six months immediately before the submission of this record of site condition, given written notice of intention to apply non-potable ground water site condition standards to the clerk of the local municipality in which the property is located and the clerk of any upper-tier municipality in which the property is located. As of 2014/01/20, in my opinion, based on the phase one and phase two environmental site assessments and any confirmatory sampling, the RSC property meets the applicable full depth generic site condition standards prescribed by section 37 of the regulation for all contaminants prescribed by the regulation in relation to the type of property use for which this RSC is filed, except for those contaminants (if any) specified in this RSC at Table 2, Maximum Contaminant Concentrations Compared to Standards Specified in a Risk Assessment. As of 2014/01/20, the maximum known concentration of each contaminant in soil, sediment and ground water at the RSC property for which sampling and analysis has been performed is specified in this RSC at Table 1, Maximum Contaminant Concentrations Compared to Applicable Site Condition Standards. I am a qualified person and have the qualifications required by section 5 of the regulation. I have in place an insurance policy that satisfies the requirements of section 7 of the regulation. I acknowledge that the RSC will be submitted for filing in the Environmental Site Registry, that records of site condition that are filed in the Registry are available for examination by the public and that the Registry contains a notice advising users of the Registry who have dealings with any property to consider conducting their own due diligence with respect to the environmental condition of the property, in addition to reviewing information in the Registry. The opinions expressed in this RSC are engineering or scientific opinions made in accordance with generally accepted principles and practices as recognized by members of the environmental engineering or science profession or discipline practising at the same time and in the same or similar location. I do not hold and have not held and my employer WSP CANADA INC. does not hold and has not held a direct or indirect interest in the RSC property or any property which includes the RSC property and was the subject of a phase one or two environmental site assessment or risk assessment upon which this record of site condition is based To the best of my knowledge, the certifications and statements in this part of the RSC are true as of 2014/01/20. By signing this RSC, I make no express or implied warranties or guarantees. By checking the boxes above, and entering my membership/licence number in this submission, I, C.W. BAILEY WALTERS, a qualified person as defined in section 5 of O. Reg. 153/04 am, on 2014/10/17: a) signing this record of site condition submission as a qualified person; and b) making all certifications required as a qualified person for this record of site condition. I Agree Filed Record of Site Condition # on 2014/10/27 18 of 20

19 Additional Documentation Provided by Property Owner or Agent The following documents have been submitted to the Ministry of the Environment as part of the record of site condition Certificate of Status or equivalent for the owner Lawyer s letter consisting of a legal description of the property Copy of any deed(s), transfer(s) or other document(s) by which the RSC property was acquired A Current plan of Survey A copy of No Objection Statement from municipality Area(s) of Potential Environmental Concern Table of Current and Past Uses of the Phase One Property Phase 2 Conceptual Site Model Owner or agent certification statements v Filed Record of Site Condition # on 2014/10/27 19 of 20

20 Filed Record of Site Condition # on 2014/10/27 20 of 20

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22 Douglas, Ste\vart & Associates LLP BARRISTERS & SOUCITORS M. Kenneth Douglas 3 t Church Street, (\:lark F. Stewart St. Cntharincs, Ontario L2R3B7 Counsel Telephone: (905) Robert F. 1\lorningstar Facsimile: (905) & R. Onvid House rmorningsrnr@dsm-lnwfir-m.com Adam Stcwnrt 'larch 21, WHOM IT MAY CONCERN Dear Sir 1\-ladum: Re: Drummond Road, Ningurn Falls, Ontario Part Township Lot 188, former Township of Stamford, City of Niagarn Falls Regional Municipality of Ningura, as described in R being all of PIN no LT Asscssm~nt Roll No We an! solicitors for Provincml Maintenance Inc. who is the registered ov. ner of the above noted lands by deed registered on February , by instrument no. R Title was originhlly in the name of Ontario Ltd. but this company charged its name by Articles of Amalgn.mntion dated April 1,200~, to Provincial Maintenance Inc. The change of name was registered on title by Application to Change Name- Owners registered on Murch 21,2014, by instmment no SN The legal description of the property as retlected in the PIN abstract is: Part Township Lot 188, Stamtord, as in R04660l0, Niagara Falls being all ofpin no LT Part 3 on Plan 59R-7892 on the attached Plan of Survey We confinn that Provincial Maintenance Inc. is the owner in fee simple of the s:ud lands nnd premises. Trusting that the above is satisfactory we remain, Yours very truly,

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48 Planning and Development Services 2201 St. David s Road W, PO Box 1042, Thorold, ON L2V 4T7 Telephone: Toll-free: Fax: October 15, 2014 (Re-issue of letter dated March 3, 2014) By Only File: E EN Bailey Walters WSP Canada Inc. 55 King Street, Suite 600 St. Catharines, ON L2R 3H5 Dear Mr. Walters: RE: Notification to Use Non-Potable Ground Water Site Condition Standards Address: 7725 Drummond Road and Adjacent Property, Niagara Falls Applicant: WSP Canada Inc. Owner: Thundering Waters Development Corp. Proposal: Comparison of Soil and Groundwater Analysis Results for the Purposes of Filing a Record of Site Condition Your Project: This is in response to your February 11 and subsequent October 14, 2014 notification of your intent to use non-potable soil and groundwater site condition standards for residential land use, for the purposes of comparing soil and groundwater analysis results with the intent of filing a Record of Site Condition for the subject lands. Regional staff notes that the subject lands are located within the Thundering Waters/Oldfield Subdivision, which was draft approved by the Ontario Municipal Board on June 7, 2013 (File No. 26T ). As a condition of draft plan approval, the Owner is required to submit a Phase 2 Environmental Site Assessment and file a Record of Site Condition with the Ministry of Environment. There are two criteria specified in Ontario Regulation 153/04, Section 35(3), upon which the Region can provide comment. Specifically, non-potable ground water site condition standards may be applied if: (a) the property, and all other properties located, in whole or in part, within 250 metres of the boundaries of the property, are supplied by a municipal drinking water system, as defined in the Safe Drinking Water Act, 2002, and have no wells installed;

49 (b) the property is either, (i) (ii) not located in an area designated in a municipal official plan as a well-head protection area or other designation identified by the municipality for the protection of ground water; or, if it is located in such a designated area, the municipality has consented in writing to the application of the non-potable ground water site condition standards in preparing a record of site condition for the property. Municipal water service is available to the subject lands and all others properties located within 250 metres. WSP Canada Inc. stated that the Ministry of Environment water well database did not indicate any water wells within 250 metres of the site; however, Regional staff has reviewed the interactive map identifying well records in the area and can confirm that the MOE Well Records identify two wells within 250 metres of the site boundaries. Upon review of the well records, the well closest to the subject lands (Well ID ) is an observation well (constructed out of plastic and therefore not for domestic use) and the second well (Well ID ) is an abandoned observation well. The Region has no designated well-head protection areas or areas for the protection of groundwater in its Official Plan. In conclusion, the Region has no objection to the proposal to use non-potable ground water site condition standards for the subject lands based on the above information. Should you have any questions concerning the above noted comments, or if you would like a hard copy of the comments, please contact the undersigned at extension 3518 or Lindsay Earl, Senior Development Planner, at extension Sincerely, Britney Williamson Planner cc: Marilyn Radman, MCIP, RPP, Manager, Development Services

50 TABLE OF AREAS OF POTENTIAL ENVIRONMENTAL CONCERN (Refer to clause 16(2)(a), Schedule D, O. Reg. 153/04) Area of Potential Environmental Concern Location of Area of Potential Environmental Concern on Phase One Property Potentially Contaminating Activity Location of PCA (on-site or off-site) Contaminants of Potential Concern Media Potentially Impacted (Ground water, soil and/or sediment) APEC #1 APEC #2 APEC #3 APEC #4 APEC #5 Within the southern portion of the garage/office building Within the storage building and area south of storage building and west of main garage/office building In the area south of the storage building Within and in the vicinity of the former chemical storage building In the heavy equipment/truck parking area west of the garage/office building 8. Chemical Manufacturing, Processing and Bulk Storage On-Site VOC, PAH Soil & GW 39. Paint Manufacturing, Processing and Bulk Storage On-Site Metals, VOCs Soil & GW 52. Storage, maintenance, fuelling and repair of equipment, vehicles, and material used to maintain transportation systems On-Site BTEX, PHCs Soil & GW 49. Salvage Yard, including automobile wrecking On-Site Metals, BTEX, PHCs Soil & GW 39. Paint Manufacturing, Processing and Bulk Storage On-Site Metals, VOCs Soil & GW 8. Chemical Manufacturing, Processing and Bulk Storage On-Site VOC, PAH Soil & GW 52. Storage, maintenance, fuelling and repair of equipment, vehicles, and material used to maintain transportation systems On-Site BTEX, PHCs Soil & GW Notes: 1 - Area of Potential Environmental Concern means the area on, in or under a phase one property where one or more contaminants are potentially present, as determined through the phase one environmental site assessment, including through, (a) identification of past or present uses on, in or under the phase one property, and (b) identification of potentially contaminating activity. 2 - Potentially Contaminating Activity means a use or activity set out in Column A of Table 2 of Schedule D that is occurring or has occurred in a phase one study area 3 - when completing this column, identify all contaminants of potential concern using the Method Groups as identified in the Protocol for in the Assessment of Properties under Part XV.1 of the Environmental Protection Act, March 9, 2004, amended as of July 1, 2011, as specified below: ABNs, PCBs, Metals, Electrical Conductivity, SAR, CPs, PAHs, As, Sb, Se, Cr (VI), 1,4-Dioxane, THMs, Na, Hg, Dioxins/Furans, PCDDs/PCDFs VOCs, B-HWS, Methyl Mercury, Ocs, BTEX, Cl-, high ph, PHCs, Ca, Mg, CN-, low ph 4 - when submitting a record of site condition for filing, a copy of this table must be attached BTEX Benzene, Toluene, Ethylbenzene, and Xylenes GW Groundwater PAHs Polycyclic Aromatic Hydrocarbons PHCs Petroleum Hydrocarbons VOCs Volatile Organic Compounds

51 TABLE OF CURRENT AND PAST USES OF THE PHASE ONE PROPERTY (Refer to clause 16(2)(b), Schedule D, O. Reg. 153/04) Year Name of Owner Description of Property Use Property Use Other Observations from Aerial Photographs, Fire Insurance Plans, Etc. Agricultural or other pre-1807 The Crown Undeveloped Crown Land use Agricultural or other Josiah Baly Undeveloped privately-owned land use Agricultural or other John Hardy Undeveloped privately-owned land use Agricultural or other Estate of John Hardy Undeveloped privately-owned land use Azubak Jane & Andrew Crickshank Undeveloped privately-owned land Agricultural or other use Charles & Ellen Kister Agricultural or other Undeveloped then Residential prior to use, then residential 1920s use Robert Orr Residential Residential use Henry & Hazel Boone Residential Residential use Ralph Rotella, G. Pullia Residential Residential use - A structure interpreted to be a residential dwelling is visible in the 1921 aerial photograph Ralph Terrio 2001 present Provincial Maintenance Inc. (R. Terrio) (changed name from Ontario Inc.) Since Mr. Terrio purchased the property in 1985, he constructed the current garage and office buildings and conducted a road painting business from the property. The northern portion of the property continued to be used for residential use. The business relocated from the Site in Residential and industrial -The garage and office buildings on the property were not present in the 1981 aerial photograph. The large office/garage building is visible in the 1994 and 2000 aerial photograph. -The garage storage building was not visible prior in the 2000 aerial photograph but was visible in Notes: 1 - for each owner, specify one of the following types of property use (as defined in O.Reg. 153/04) that applies: Agriculture or other use Commercial use Community use Industrial use Institutional use Parkland use Residential use 2 - when submitting a record of site condition for filing, a copy of this table must be attached **Cette publication hautement spécialisée n est disponible qu en anglais en vertu du règlement 671/92, qui en exempte l application de la Loi sur les services en français. Pour obtenir de l aide en francais, veuillez communiquer avec le ministère de l Environnement au

52 THUNDERING WATERS DEVELOPMENT CORPORATION DRUMMOND ROAD, NIAGARA FALLS, ONTARIO PHASE TWO CONCEPTUAL SITE MODEL - REVISED OCTOBER 2014

53 1 1.1 PHASE TWO CONCEPTUAL SITE MODEL Through analysis and interpretation of the Phase One ESA, Phase One CSM, and field data gathered during this Phase Two ESA, a Phase Two Conceptual Site Model was developed. Based on information obtained as part of the Phase One ESA, it was concluded that there are several APECs associated with past activities/operations at the Site. The table of areas of potential environmental concern, prepared in accordance with clause 16(2)(a), Schedule D, O. Reg. 153/04, is presented below. Table 1 Summary of APECs Identified in Phase One ESA AREA OF ENVIRONMENTAL CONCERN (APEC) LOCATION OF APEC ON PHASE ONE PROPERTY POTENTIALLY CONTAMINATING ACTIVITY (PCA) LOCATION OF PCA (ON-SITE OR OFF- SITE) CONTAMINANTS OF POTENTIAL CONCERN MEDIA POTENTIALLY IMPACTED (GROUND WATER, SOIL AND/OR SEDIMENT) APEC #1 Within the southern portion of the garage/office building 8. Chemical Manufacturing, Processing and Bulk Storage On-Site VOC, PAH Soil & GW 39. Paint Manufacturing, Processing and Bulk Storage On-Site Metals, VOCs Soil & GW 52. Storage, maintenance, fuelling and repair of equipment, vehicles, and material used to maintain transportation systems On-Site BTEX, PHCs Soil & GW APEC #2 Within the storage building and area south of storage building and west of main garage/office building 49. Salvage Yard, including automobile wrecking On-Site Metals, BTEX, PHCs Soil & GW APEC #3 In the area south of the storage building 39. Paint Manufacturing, Processing and Bulk Storage On-Site Metals, VOCs Soil & GW APEC #4 Within and in the vicinity of the former chemical storage building 8. Chemical Manufacturing, Processing and Bulk Storage On-Site VOC, PAH Soil & GW Drummond Road, Niagara Falls, Ontario WSP Phase Two Conceptual Site Model - Revised No B:\Projects\2013\ Drummond Rd + Adjacent Property\117 Ph 1 Ph II RSC\WP\Phase Two ESA\Phase Two CSM REVISED-7725 DrummondF docm October 2014

54 2 AREA OF ENVIRONMENTAL CONCERN (APEC) APEC #5 LOCATION OF APEC ON PHASE ONE PROPERTY In the heavy equipment/truck parking area west of the garage/office building POTENTIALLY CONTAMINATING ACTIVITY (PCA) 52. Storage, maintenance, fuelling and repair of equipment, vehicles, and material used to maintain transportation systems LOCATION OF PCA (ON-SITE OR OFF- SITE) CONTAMINANTS OF POTENTIAL CONCERN MEDIA POTENTIALLY IMPACTED (GROUND WATER, SOIL AND/OR SEDIMENT) On-Site BTEX, PHCs Soil & GW Notes: 1. Area of Potential Environmental Concern means the area on, in, or under a phase one property where one or more contaminants are potentially present, as determined through the phase one environmental site assessment, including through, (a) identification of past or present uses on, in or under the phase one property, and (b) identification of potentially contaminating activity. 2. Potentially Contaminating Activity means a use or activity set out in Column A of Table 2 of Schedule D that is occurring or has occurred in the Phase One study area. 3. Refer to clause 16(2)(a), Schedule D, O. Reg. 153/04. The following table provides a summary discussion of the interpreted field data that is incorporated into the Phase Two CSM. Table 2 Summary of Phase Two Conceptual Site Model CRITERIA DISCUSSION i. Description and assessment of, A. areas where potentially contaminating activity has occurred, B. areas of potential environmental concern, and C. any subsurface structures and utilities on, in or under the phase two property that may affect contaminant distribution and transport A. The Phase One ESA identified potentially contaminating activities (PCAs) that contributed to the identification of areas of potential environmental concern (APECs); detailed in the attached APEC table. The Phase One Conceptual Site Model (Figure 2) and the Phase Two Conceptual Site Model (Figure 3) for the Site incorporates all the information and data collected as part of this Phase Two ESA and Phase One ESA (WSP, 2013). In summary, on- and off-site PCAs that were identified as contributing to on-site APECs were: Gasoline and chemical storage and use, including paint and lubricant/vehicle maintenance fluids, The storage and use of paint on the property from the operations of a road painting company for at least ten (10) years WSP No October Drummond Road, Niagara Falls, Ontario Phase Two Conceptual Site Model - Revised B:\Projects\2013\ Drummond Rd + Adjacent Property\117 Ph 1 Ph II RSC\WP\Phase Two ESA\Phase Two CSM REVISED-7725 DrummondF docm

55 3 CRITERIA DISCUSSION Evidence of automobile/machine maintenance was observed in the southern portion of the garage/office building. Floor drains and a reported oil-water separate is present within the garage/office building. The presence of the separator, floor drains and possibility of associated overflows or leaks Large quantities of scrap metal, old equipment and other debris was observed at the Site B. The on-site APECs that were interpreted from the occurrence of the PCAs were: Under the Phase One Site, within the southern portion of the garage/office building Under the Phase One Site, in the heavy equipment/truck parking area west of the garage/office building Within the storage building Within the encroached area of the unaddressed portion of the Site In the area south of the storage building (see Figure 3) Within the chemical storage building Based on the findings of the Phase One ESA, potentially contaminating activities (PCAs) identified on the Phase One Property that may have contributed to an area of Potential Environmental Concern (APEC) on, in or under the Phase One Property are summarized in the Summary Table of APECs Identified in Phase One ESA, above. C. Underground utilities can affect contaminant distribution and transport. Trenches excavated to install utility services, and the associated granular backfill may provide preferential pathways for horizontal contaminant migration in the shallow subsurface. The following observations were noted based on the underground utility services locates completed for the Phase Two ESA on the Site: Niagara Region sanitary and storm sewers are present underneath Oldfield Road. Buried piping connecting the Site to these services are located at the southeast corner of the garage building. Underground communications lines enter the property from Oldfield Road in the southeast corner of the garage building Drummond Road, Niagara Falls, Ontario WSP Phase Two Conceptual Site Model - Revised No B:\Projects\2013\ Drummond Rd + Adjacent Property\117 Ph 1 Ph II RSC\WP\Phase Two ESA\Phase Two CSM REVISED-7725 DrummondF docm October 2014

56 4 CRITERIA DISCUSSION ii. a description of and, as appropriate, figures illustrating, the physical setting of the phase two property and any areas under it including, A. stratigraphy from ground surface to the deepest aquifer or aquitard investigated, B. hydrogeological characteristics, including aquifers, aquitards and, in each hydrostratigraphic unit where one or more contaminants is present at concentrations above the applicable site condition standards, lateral and vertical gradients, C. approximate depth to bedrock, D. approximate depth to water table, E. any respect in which section 41 or 43.1 of the regulation applies to the property, F. areas where soil has been brought from another property and placed on, in or under the phase two property, and G. approximate locations, if known, of any proposed buildings and other structures Hydro enters the Site via overhead wires from poles along Drummond Road. A 4'' diameter plastic gas main runs along the east perimeter of the Site, along Drummond Road. Floor drains within the garage building are connected to the drain in the southern-most bay of the garage, where the reported oil/water separator is reportedly located. A. The Site is situated in the eastern part of the Haldimand Clay Plain physiographic region (Chapman and Putnam, 1984). The Haldimand Clay Plain region is generally characterized as a broad glacial lake plain located between the Niagara and Onondaga Escarpments (Chapman and Putnam, 1984). Surficial geology in the vicinity of the Site is described as glaciolacustrine deeper water clay and silt (Feenstra, 1984). The boreholes found sand and gravel fill or gravelly silt and sand fill at surface to a depth ranging from 0.4 m to 0.7 m depth. The fill material was underlain by the consistent native soils observed at all drilling locations. The native soil throughout the site was described as greyish brown sandy silty clay. Concentrations of contaminants of concern did not exceed the applicable site condition standards. B. The shallow native soil at the site consisted of low permeability silty clay. No significant water bearing zones or highly permeable deposits were encountered. Therefore, the site is not considered hydrogeologically sensitive and the recharge rates would be very low. Given this, the Site is considered to be underlain by an aquitard and the potential for contaminant migration, both horizontally and vertically, is considered low. The concentrations of contaminants of concern did not exceed the respective generic site condition standards. Average horizontal hydraulic gradient was C. The underlying bedrock within the area is dolostone of the Guelph Formation. The depth of the bedrock in the vicinity of the Site is approximately 20 metres (Feenstra, 1984). D. The depth to shallow ground water in the overburden at the Site ranged from 1.85 mbgs to 3.10 mbgs. E. Neither section 41 nor section 43.1 apply to the Site as: WSP No October Drummond Road, Niagara Falls, Ontario Phase Two Conceptual Site Model - Revised B:\Projects\2013\ Drummond Rd + Adjacent Property\117 Ph 1 Ph II RSC\WP\Phase Two ESA\Phase Two CSM REVISED-7725 DrummondF docm

57 5 CRITERIA DISCUSSION iii. where a contaminant is present on, in or under the phase two property at a concentration greater than the applicable site condition standard, identification of, A. each area where a contaminant is present on, in or under the phase two property at a concentration greater than the applicable site condition standard, B. the contaminants associated with each of the areas referred to in subparagraph A, C. each medium in which a contaminant associated with an area referred to in subparagraph is present, D. a description and assessment of What is known about each of the areas referred to in subparagraph A, E. the distribution, in each of the areas referred to in subparagraph A, of each contaminant present in the area at a concentration greater than the applicable site condition standard, for each medium in which the contaminant is present, together with figures showing the distribution, F. anything known about the reason for the discharge of the contaminants present on, in or under the phase two property at a concentration greater than the applicable site condition standard into the natural environment, G. anything known about migration of the contaminants present on, in or under the phase two property at a concentration greater than the applicable site condition standard away from any area of potential the property is not (i) within an area of natural significance, nor does it (ii) include or is adjacent to an area of natural significance or part of such an area, nor does it (iii) include land that is within 30 metres of an area of natural significance or part of such an area; the soil at the property has a ph values between 7.5 and 7.8: the property is not a shallow soil property; the property is not within 30 m of a water body. F. Soil was not brought from another property and placed on, in, or under the Site, as part of this Phase Two ESA. G. It is not known if, or where, future buildings or structures may be located on the Site. Concentrations of contaminants of concern in soil and ground water met the respective applicable generic site condition standards Drummond Road, Niagara Falls, Ontario WSP Phase Two Conceptual Site Model - Revised No B:\Projects\2013\ Drummond Rd + Adjacent Property\117 Ph 1 Ph II RSC\WP\Phase Two ESA\Phase Two CSM REVISED-7725 DrummondF docm October 2014

58 6 CRITERIA DISCUSSION iv. v. environmental concern, including the identification of any preferential pathways, H. climatic or meteorological conditions that may have influenced distribution and migration of the contaminants, such as temporal fluctuations in ground water levels, and I. if applicable, information concerning soil vapour intrusion of the contaminants into buildings including, 1. relevant construction features of a building, such as a basement or crawl space, 2. building heating, ventilating and air conditioning design and operation, and 3. subsurface utilities, where contaminants on, in or under the phase two property are present at concentrations greater than the applicable site condition standard, one or more cross-sections showing, A. the lateral and vertical distribution of a contaminant in each area where the contaminants is present at concentrations greater than the applicable site condition standard in soil, ground water and sediment, B. approximate depth to water table in each area referred to in subparagraph A, C. stratigraphy from ground surface to the deepest aquifer or aquitard investigated, and D. any subsurface structures and utilities that may affect contaminant distribution and transport in each area referred to in subparagraph A for each areas where a contaminant is present on, in or under the property at a concentration greater than the applicable site condition standard for the contaminant, a diagram identifying, with narrative explanatory notes, A. the release mechanisms, B. contaminant transport pathway, C. the human and ecological receptors located on, in or under the phase two property, D. receptor exposure points, and E. routes of exposure. Concentrations of contaminants of concern in soil and groundwater met the respective applicable generic site condition standards. Concentrations of contaminants of concern in soil and ground water met the respective applicable generic site condition standards. WSP No October Drummond Road, Niagara Falls, Ontario Phase Two Conceptual Site Model - Revised B:\Projects\2013\ Drummond Rd + Adjacent Property\117 Ph 1 Ph II RSC\WP\Phase Two ESA\Phase Two CSM REVISED-7725 DrummondF docm

59 Figures

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63 Appendix A AREAS OF POTENTIAL ENVIRONMENTAL CONCERN

64 TABLE OF AREAS OF POTENTIAL ENVIRONMENTAL CONCERN (Refer to clause 16(2)(a), Schedule D, O. Reg. 153/04) Area of Potential Environmental Concern Location of Area of Potential Environmental Concern on Phase One Property Potentially Contaminating Activity Location of PCA (on-site or off-site) Contaminants of Potential Concern Media Potentially Impacted (Ground water, soil and/or sediment) APEC #1 APEC #2 APEC #3 APEC #4 APEC #5 Within the southern portion of the garage/office building Within the storage building and area south of storage building and west of main garage/office building In the area south of the storage building Within and in the vicinity of the former chemical storage building In the heavy equipment/truck parking area west of the garage/office building 8. Chemical Manufacturing, Processing and Bulk Storage On-Site VOC, PAH Soil & GW 39. Paint Manufacturing, Processing and Bulk Storage On-Site Metals, VOCs Soil & GW 52. Storage, maintenance, fuelling and repair of equipment, vehicles, and material used to maintain transportation systems On-Site BTEX, PHCs Soil & GW 49. Salvage Yard, including automobile wrecking On-Site Metals, BTEX, PHCs Soil & GW 39. Paint Manufacturing, Processing and Bulk Storage On-Site Metals, VOCs Soil & GW 8. Chemical Manufacturing, Processing and Bulk Storage On-Site VOC, PAH Soil & GW 52. Storage, maintenance, fuelling and repair of equipment, vehicles, and material used to maintain transportation systems On-Site BTEX, PHCs Soil & GW Notes: 1 - Area of Potential Environmental Concern means the area on, in or under a phase one property where one or more contaminants are potentially present, as determined through the phase one environmental site assessment, including through, (a) identification of past or present uses on, in or under the phase one property, and (b) identification of potentially contaminating activity. 2 - Potentially Contaminating Activity means a use or activity set out in Column A of Table 2 of Schedule D that is occurring or has occurred in a phase one study area 3 - when completing this column, identify all contaminants of potential concern using the Method Groups as identified in the Protocol for in the Assessment of Properties under Part XV.1 of the Environmental Protection Act, March 9, 2004, amended as of July 1, 2011, as specified below: ABNs, PCBs, Metals, Electrical Conductivity, SAR, CPs, PAHs, As, Sb, Se, Cr (VI), 1,4-Dioxane, THMs, Na, Hg, Dioxins/Furans, PCDDs/PCDFs VOCs, B-HWS, Methyl Mercury, Ocs, BTEX, Cl-, high ph, PHCs, Ca, Mg, CN-, low ph 4 - when submitting a record of site condition for filing, a copy of this table must be attached BTEX Benzene, Toluene, Ethylbenzene, and Xylenes GW Groundwater PAHs Polycyclic Aromatic Hydrocarbons PHCs Petroleum Hydrocarbons VOCs Volatile Organic Compounds