Environmental Guide for Contaminated Property Identification and Management

Transcription

1 MINISTRY OF TRANSPORTATION Environmental Guide for Contaminated Property Identification and Management Version: October 2006 October 2006 Page 1 of 61

2 Citation MINISTRY OF TRANSPORTATION Environmental Guide for Contaminated Property Identification and Management Part of the Environmental Standards and Practices ISSUED BY: PROVINCIAL AND ENVIRONMENTAL PLANNING OFFICE MINISTRY OF TRANSPORTATION 301 ST. PAUL STREET ST. CATHARINES, ONTARIO L2R 7R4, October Ministry of Transportation Ontario. Acknowledgements This document was prepared for the Ministry of Transportation (MTO) by Ecoplans Limited. Lead authors were Derek Stewart, P.Geo. and Clark Gunter, P.Geo. This document was developed under the direction of the Environmental Standards Project (ESP) Team comprised of MTO staff in the Provincial and Environmental Planning Office (Jamie Dougall Project Director and Brenda Carruthers Project Manager) and the lead consultant firm of Ecoplans Limited (Bob Hodgins - Project Director and Clark Gunter Project Manager). The ESP Team would like to acknowledge the numerous contributors and reviewers for this document from MTO s Working Group, other reviewers from MTO s Head and Regional Offices, and the Regulatory Liaison Committee that includes representatives from: Canadian Environmental Assessment Agency, Environment Canada, Fisheries and Oceans Canada, Health Canada, Ministry of Agriculture, Food and Rural Affairs, Ministry of Culture, Ministry of the Environment, Ministry of Municipal Affairs and Housing, and Ministry of Natural Resources. October 2006 Page 2 of 61

3 Comments and Suggestions The Ministry of Transportation welcomes comments and suggestions on ways to improve the document with the objective of providing a practical and pragmatic approach to environmental management in the Province of Ontario. MTO anticipates that changes will be warranted to clarify, improve and incorporate new information. The format of the document is designed to accommodate such changes. Such revisions and amendments will be incorporated in later editions of this document. MTO will not formally respond to unsolicited comments submitted in response to the document. Ce document hautement spécialisé n'est disponsible qu'en anglais en vertue du règlement 411/97, qui en exempte l'application de la Loi sur les services en français. Pour obtenir de l aide en français, veuillez communiquer avec le ministère des Transports, Bureau des services en français au: ou Alternate Format The Ontario Public Service endeavours to demonstrate leadership for accessibility in Ontario. Our goal is to ensure accessibility for our employees and the public we serve in our services, products and facilities. This document is available in an alternate format upon request. Please contact Dawn Irish. She can be reached at or Dawn.Irish@ontario.ca. Support de substitution La fonction publique de l'ontario s'efforce de faire preuve de leadership relativement à l'accessibilité en Ontario. Notre objectif est de nous assurer que nos employés et le public ont accès à nos services, produits et installations. Le présent document est accessible, sur demande, sur un support de substitution. Veuillez communiquer avec Dawn Irish au ou à l'adresse Dawn.Irish@ontario.ca. October 2006 Page 3 of 61

4 VERSION HISTORY VERSION # DATE DESCRIPTION OF MAJOR CHANGE October 2006 Page 4 of 61

5 Table of Contents 1. CONTAMINATED PROPERTY PROCESS Introduction Overview of the Contaminated Property Process Timing and Implementation Considerations Considering Cultural Heritage CONTAMINATION OVERVIEW STUDY Introduction Contamination Overview Study Tasks Documentation - Contamination Overview Study Report Proceeding to Next Step PRELIMINARY SITE SCREENING Introduction Preliminary Site Screening Tasks Documentation - Preliminary Site Screening Form Potentially Contaminating Land-Uses/Industries Proceeding to the Next Step PHASE I ENVIRONMENTAL SITE ASSESSMENT Introduction Phase I Environmental Site Assessment Tasks Non-Intrusive Investigation Techniques - Geophysical Surveys Documentation Phase I Environmental Site Assessment Report Proceeding to the Next Step...33 October 2006 Page 5 of 61

6 5. PHASE II ENVIRONMENTAL SITE ASSESSMENT Introduction Phase II Environmental Site Assessment Tasks Documentation Phase II Environmental Site Assessment Report Proceeding to the Next Step SCREENING LEVEL RISK EVALUATION Introduction Screening Level Risk Evaluation Tasks Documentation Screening Level Risk Evaluation Proceeding to the Next Step SITE MANAGEMENT Introduction Site Monitoring Site Remediation Risk Assessment REFERENCES...56 APPENDIX B: THE PRELIMINARY SITE SCREENING (PSS) FORM...59 Glossary of Terms/Acronyms...60 October 2006 Page 6 of 61

7 1. CONTAMINATED PROPERTY PROCESS 1.1 Introduction The Ministry of Transportation s (MTO) contaminated property process is intended to assess environmental site conditions and liabilities identify site management options to mitigate any identified site contamination, and evaluate the potential risks associated with each management option. Early identification and assessment of environmental liabilities is the goal of MTO's contaminated property process. Directive QST-B-42, entitled Contaminated Property - Acquisition, Disposition and Management, sets out MTO s policy, and outlines the contaminated property process to be followed to identify, assess and manage contaminated property. This Guide serves as a supporting document to the Directive, and outlines the activities and work involved at each step of the contaminated property process. MTO's contaminated property policy and process applies to all property associated with MTO operations, and requires the following: Screening and assessment of the environmental condition of property prior to acquisition, disposition (e.g., transfer, sale, or lease, etc.) and development; Screening and assessment of the environmental condition of all other MTO property on a priority basis (i.e., current holdings/property managed by MTO but not intended for immediate disposition); and Identification of existing environmental conditions; and where contamination is identified, assessment and implementation of various site management measures such as site remediation may be utilized. A number of environmental policies are currently in place within MTO to ensure proper environmental management during construction and maintenance operations. MTO Directive QST-B-42 and this Guide, support existing policies by outlining a contaminated property process for the early detection of environmental liabilities (e.g., soil or groundwater contamination, asbestoscontaining materials, and PCB transformers) prior to property acquisition and disposition. A primary goal of MTO's contaminated property process is to minimize the extremely high costs and lengthy time delays typically associated with site remediation and related approvals. Where avoidance of the acquisition of contaminated property is not possible, the objective is for MTO to be a knowledgeable purchaser, thereby allowing for effective management of environmental liabilities. Where a property is being October 2006 Page 7 of 61

8 disposed, the objective is to carry out appropriate site management to mitigate any site contamination as justified through risk management, and disclosure of any environmental liabilities to purchasers. For on-going property management the objective is the mitigation/remediation of sites on a priority and risk management basis, and as financial resources become available. This section includes: an overview of the contaminated property process (sub-section 1.2); timing and implementation considerations (sub-section 1.3); and cultural heritage (sub-section 1.4) issues during the process. 1.2 Overview of the Contaminated Property Process The guiding premise of MTO's contaminated property process is the early detection of potential contamination and waste deposition issues during transportation project planning prior to property acquisition by MTO. This will allow for all management options to be considered if environmental liabilities are identified. For example, early detection of contamination or waste deposition areas may permit the selection of an alternate route or design option to avoid property acquisition in a contaminated area. Similarly, for property that is already under MTO ownership or for contaminated property that must be acquired for MTO purposes, detection of the waste or contamination present at the earliest stage in the property management and/or transfer process will allow for all viable site management options to be identified, considered, and the most appropriate action taken. The contaminated property process involves a series of steps, undertaken to identify past and present site activities and evaluate the existing environmental liabilities, and environmental risk of a property. The principle steps include: Step 1 Contamination Overview Study Step 2 - Preliminary Site Screening Step 3 - Phase I Environmental Site Assessment Step 4 - Phase II Environmental Site Assessment Step 5 - Screening Level Risk Evaluation Step 6 - Site Management October 2006 Page 8 of 61

9 Steps 3, 4, and 6 reflect requirements set out in O.Reg.153/04 of Part XV.1 of the Environmental Protection Act. An overview of this Regulation is discussed in sub-section Steps 1, 2 and 5 reflect MTO s own needs and are unique to this process. Figure 1.1 is the simplified flow chart of MTO's contaminated property process. The large, detailed flow chart is provided in Appendix A. Each step of the process generally requires progressively more intensive work, although the level of work required for each step will vary from site to site. Division of the contaminated property process into steps facilitates a review/assessment of information at the end of each step to determine whether or not to proceed with the process further or whether additional information is required prior to making a decision on the appropriate course of action. The process eventually leads to a final decision to acquire, dispose, lease, or redevelop a property and whether any site management is necessary and justified. An overview of each of the 6 steps of MTO's contaminated property process is provided in sub-section to with details provided in sections 2 to 6. October 2006 Page 9 of 61

10 Figure 1.1 Simplified Flowchart of the MTO Contaminated Property Process (See Appendix A for the detailed flow chart) October 2006 Page 10 of 61

11 1.2.1 Overview of the Ontario Records of Site Condition Regulation 153/04 On October 1, 2004, the Ontario Records of Site Condition Regulation (O. Reg. 153/04) hereafter referred to as the Regulation, came into effect. The Regulation details the requirements that property owners must meet in order to file a Record of Site Condition (RSC), and incorporates MOE s Guideline for Use at Contaminated Sites in Ontario (1997). The Regulation formalizes and streamlines the process for carrying out a site clean up, and filing a RSC. With certain limitations and exceptions, the new process is intended to protect property owners from potential liability and prosecution related to historical contamination on their sites, provided that the owners have undertaken proper procedures set out in the Regulation. Four technical documents also exist to support the Regulation: Records of Site Condition: A Guide on Site Assessment, the Cleanup of Brownfield Sites and the Filing of Records of Site Condition; Soil, Ground Water and Sediment Standards for Use Under Part XV.1 of the Environmental Protection Act (MOE Standard); Protocol for Analytical Methods Used in the Assessment of Properties Under Part XV.1 of the Environmental Protection Act (MOE Protocol); and Guidance on Sampling and Analytical Methods for Use at Contaminated Sites in Ontario. These documents provide: applicable site condition standards and laboratory analytical protocols for the analysis of soil, sediment and groundwater; sampling procedures for soil, sediment and groundwater; as well as advice on site remediation options. These documents replace the Guideline for Use at Contaminated Sites in Ontario, (December 1996). Environmental Site Assessment An Environmental Site Assessment (ESA) is an initially non-intrusive (Phase I [one]) and subsequently intrusive (Phase II [two]) assessment of the environmental condition of the soil, groundwater, and sediments on a property for the purpose of sale, financing or mortgaging the property, or to obtain approval for a land-use change or building permit. The ESA is a pre-requisite to filing an RSC in Ontario s Environmental Site Registry. Specific requirements are set out in the Regulation with regards to expected standards and deliverables for Phase I and II ESAs. October 2006 Page 11 of 61

12 Risk Assessment In cases where difficulties arise in meeting the site condition standards on a property, a site-specific risk assessment should be prepared. Risk assessment involves estimating the likelihood of an event and the impact that the event might have on both human health and the natural environment. Site-specific condition standards must be determined for each contaminant of concern identified in the ESA. Various approaches and specific steps for risk assessment are explicitly stated in the Regulation, including a rigorous consultation and review process by the Ministry of the Environment (MOE). A Certificate of Property Use (CPU) can be issued by the MOE, which may require certain actions be undertaken such as ongoing site monitoring and reporting. Site Remediation In cases where a property does not meet site condition standards or any sitespecific risk assessment condition standards, site remediation is required prior to filing an RSC. Assessment of various remediation options, is required as part of the filing of an RSC and should be documented as part of the submission. Qualified Persons The Regulation also defines the concept of Qualified Persons (QP) in which classes of professionals are required to sign off on the various aspects of the recording and reporting process. Qualified persons conducting or supervising Phase I ESAs and certifying a Record of Site Condition (RSC) should be one of the following professionals: Professional Engineer, Professional Geoscientist, Chartered Chemist, Professional Agrologist, Applied Science Technologist, Certified Engineering Technologist, or Architectural Technologist. Qualified persons conducting or supervising Phase II ESAs and certifying a Record of Site Condition (RSC) should be one of the following professionals: Professional Engineer, Professional Geoscientist, Chartered Chemist, or Professional Agrologist. Qualified persons conducting or supervising Risk Assessments and certifying a Record of Site Condition (RSC) should be either a Professional Engineer or Professional Geoscientist. Professional liability insurance requirements for the QP or employer are also stated Step 1 Contamination Overview Study A Contamination Overview Study (COS) is a general overview of a study area (more than one property) to identify properties/areas with the potential for site contamination. A COS is generally conducted for transportation planning studies when multiple properties (i.e., an entire proposed transportation corridor) need to be assessed for potential issues of environmental concern. The results of a COS are generally used during transportation planning studies to assist in the October 2006 Page 12 of 61

13 selection of the preferred alternative, or the rejection of alternatives where potential environmental concerns may prove to be significant. The COS includes: Records review; and Site reconnaissance Step 2 - Preliminary Site Screening A Preliminary Site Screening (PSS) is a quick and broad review of a single property to determine the potential for contamination. The PSS can include: Review of available files; Site inspection; and Interviews with individuals familiar with the site. The PSS is mandatory for all property being considered for acquisition, disposition and limited interest. However, the specific activities, information sources researched and types of information gathered can vary to reflect unique circumstances, such as highway right-of-way transfers. Subsequent steps of the contaminated property process are undertaken only when Step 1 or Step 2 identify known or potential contamination issues that require additional activities to evaluate Step 3 - Phase I Environmental Site Assessment A Phase I Environmental Site Assessment (ESA) will be required for a property when one or more site characteristics or activities of environmental concern are identified during Step 1 (Contamination Overview Study) and/or Step 2 (Preliminary Site Screening). It is anticipated that most commercial and industrial property will require Phase I ESA work given the type and extent of environmental contamination potentially associated with these properties. During the Phase I ESA, information on the property is researched through nonintrusive investigation techniques to identify actual, or potential contamination on, in, or adjacent to, a property. It is more intensive and thorough than both the COS and PSS. The CSA standard for Phase I ESAs referred to in the requirements set out in the Regulation may be used to guide the Phase I ESA. Major components should include: Records review; October 2006 Page 13 of 61

14 Site visit; Interviews; Data evaluation; and Report preparation. The Phase I ESA may include a geophysical survey of a property to locate buried tanks, drums, wastes, contaminant plumes (e.g., chloride plumes) and other subsurface anomalies. Typically these surveys are carried out using electromagnetic techniques employing an EM-31 and/or EM-61 electromagnetic survey instrument(s) Step 4 - Phase II Environmental Site Assessment A Phase II Environmental Site Assessment is the systematic gathering of information through a detailed, intrusive site investigation to delineate the extent of contamination on or underneath a property. The Phase II ESA may include investigations beyond the site limits if it is reasonable to suspect that the contamination has migrated onto adjacent lands. In such a situation, permission from adjacent landowners must be granted prior to any investigations. The Phase II ESA may include: characterization studies to identify waste inventories and hazardous materials; sediment and surface water sampling programs; and test pits, boreholes and groundwater monitoring wells. During this phase, information is gathered on the type and concentration of contaminants in soil, sediment, groundwater, surface water and building materials. The investigation may be completed in one or more stages depending on the size of the property and the type and amount of contamination present. The CSA standard for Phase II ESAs referred to in the requirements set out in the Regulation may be used to guide the Phase II ESA. Major components should include: Planning a site investigation; Conducting the site investigation; October 2006 Page 14 of 61

15 Data interpretation and evaluation; and Report preparation. If the results of the Phase II ESA do not identify site contamination, then subsequent steps of MTO s contaminated property process do not need to be undertaken. Alternatively, if the results of the Phase II ESA do identify site contamination, then some discussion and advice is warranted as to how to proceed to ensure diligence and compliance. The advice may be to undertake site monitoring and let natural attenuation mitigate the contaminant over time. In situations where contamination may be migrating off-site, or migrating on-site from an off-site source(s), more active site management may be warranted. In order to determine the most appropriate site management option(s), a Screening Level Risk Evaluation should be completed (Step 5 of the contaminated property process) Step 5 Screening Level Risk Evaluation In order to determine the most appropriate site management option(s), which are discussed in Step 6 (next section), a qualitative assessment (Screening Level Risk Evaluation - SLRE) of the site contamination should be completed to evaluate the potential short-term and long-term risk of the contamination to the human and natural environment. The SLRE does not constitute a formal Risk Assessment (RA) as per the Regulation, but instead is intended to provide a qualitative analysis of the contamination to determine the potential likelihood of adverse impacts to humans and the environment. It should identify and evaluate contaminant migration pathways (e.g., soil, groundwater, surface water and soil vapour), contaminant degradability, proximity of sensitive receptors, and implications on future land-use Step 6 Site Management After the Phase II ESA and the Screening Level Risk Evaluation have been completed for a property, MTO decides upon a site management approach. The next step is to implement the approach and mitigate the contamination to reduce and/or eliminate the associated environmental liabilities. There are three approaches to site management: site monitoring, site remediation and risk assessment. Each of these is described in Table 1.1 below. October 2006 Page 15 of 61

16 Site Management Approach Table 1.1 Three Approaches to Site Management Description Site Monitoring The site monitoring approach is commonly referred to as Monitored Natural Attenuation (MNA). Contaminant mitigation is natural attenuation through biological and chemical degradation of the contaminants in the subsurface. Site monitoring is generally a long-term site management strategy that includes a long-term commitment to a regular soil, groundwater and/or surface water sampling program to determine if the contaminant levels are attenuating over time. Prior to implementing the site monitoring program, additional investigations may be required to more fully understand the soil and groundwater physical and chemical conditions in order to establish a more comprehensive sampling network. An example of a contaminated site scenario that may be conducive to the MNA approach is one wherein petroleum hydrocarbons have been identified at a site at concentration levels just above the MOE Standards at sufficient distance from any sensitive receptors. Site Remediation Site remediation is the process of cleaning up site contamination to applicable MOE maximum contaminant levels set out in the Regulation. This may be achieved through a number of approaches/technologies ranging from dig and dump to bioremediation. They all share one common goal: to reduce the concentration levels of the contaminants of concern to levels at or below the identified applicable criteria. The MOE Guide entitled Records of Site Condition: A Guide on Site Assessment, the Cleanup of Brownfield Sites and the Filing of Records of Site Condition may be used to guide the site remediation process. Site remediation should include the following major components: Preparing a Remedial Work Plan; Conducting the remedial work; Carrying out a confirmatory sampling program; and Report preparation. Site remediation may involve: building and equipment decommissioning; hazardous materials abatement and/or removal; disposal, or on-site treatment of hazardous wastes and contaminated soil, sediment and water; and the use of containment technologies to prevent migration of contaminants. October 2006 Page 16 of 61

17 Site Management Approach Description Risk Assessment Risk assessment (RA) is the scientific examination of the nature and magnitude of risk to define the effects on both human and other receptors of the exposure to any identified contaminant(s). Risk assessments carried out by MTO would be limited to addressing off-site contamination issues where mitigation is not feasible; and for changes in land-use from a less sensitive to more sensitive use, i.e., from industrial/commercial to residential/parkland. The requirements set the Regulation may be used to guide the Risk Assessment and should contain the major components summarized below: Preparation of a pre-submission form; Completion of an assessment of human health risk and ecological risk; and Report preparation. October 2006 Page 17 of 61

18 1.3 Timing and Implementation Considerations Early Initiation of Process With respect to transportation projects, identification of environmental liabilities and evaluation of the potential need for remedial measures must be initiated as early as possible in the project planning and design process. Ideally, the potential for environmental liabilities should be identified during route planning and prior to property acquisition, so that the purchase of contaminated property can be avoided. Remediation Costs Versus Market Value Where site contamination is identified on properties that must be purchased, the remedial costs to mitigate the contamination should be reflected in the purchase price. A cost benefit analysis is recommended to ensure that the cost of remediation does not exceed the property's market value. However, regardless of remediation cost, it may remain in MTO's interest to pursue the property purchase. Likewise, remediation may be required, even when the cost exceeds the property's market value. This could apply to a property where the site contamination is or may be causing an adverse effect to the environment, and/or has migrated off-site. Obtaining Permission from Property Owners for Property Access It is recognized that property owners may not permit MTO or consultants to access property for PSS and ESA purposes. In such instances, MTO's Property and Legal Sections should be consulted. Detection of Contamination During Construction MTO s philosophy of early detection of environmental liabilities is also intended to preclude the discovery of contamination during construction. However, despite best efforts, should contamination nevertheless be discovered during construction, it is recommended that all work in the area of the discovery cease and an investigation be undertaken to determine the extent of contamination and to carry out the necessary site management measures (e.g., remediation or risk assessment). It is recognized that this may not always be possible due to construction schedule constraints. In such a case, it may be possible to proceed with site investigations concurrently with road construction, provided that continued construction would be safe and in compliance with environmental legislation. October 2006 Page 18 of 61

19 Prioritization of Properties for the PSS and ESA Process Prioritization of current property holdings for the PSS and ESA Steps shall be undertaken as determined by the Branch/Regional Director. For example, properties that have contaminants migrating off-site should be given priority over those that do not. Other factors that may be considered when assigning priority are: the type of contamination; worker and public concerns (e.g., health and environmental risks); and the presence of suspected environmental liabilities (e.g., abandoned wastes, underground storage tanks). 1.4 Considering Cultural Heritage No land-disturbing activity shall be carried out in areas that have not been subject to archaeological assessment (ARC-4). This and other Environmental Protection Requirements for Archaeology and Built Heritage and Cultural Heritage Landscapes may apply to properties undergoing Phase II ESA. Archaeological assessment (and, where present and to be impacted, assessment of built heritage features) should occur prior to or in conjunction with the appropriate steps in the process for dealing with contaminated sites. For example, a Stage 1 archaeological assessment may be warranted prior to or in conjunction with Step 3/Phase I ESA activities, such that archaeological or other cultural heritage resources are identified along with the identification of contamination. Further, there should be more detailed assessment of archaeological or other cultural heritage resources prior to Step 4/Phase II ESA activities where such may impact identified cultural resources. Also, where the need is identified, and impacts will take place, there should be mitigation of impacts to cultural heritage resources along with Step 6 Site Management activities. A certain number of contaminated sites will be cultural heritage sites. For example, coal gasification sites. These sites, while likely contaminated, generally date to the nineteenth century and represent an important historical technology. As such, coordination with a heritage specialist / archaeologist is needed to document such sites for cultural heritage conservation or mitigated purposes prior to any impacts from remediation activities. It may also be the case that archaeological sites may be present within contaminated sites, as with the First Parliament site in Toronto -- a former coal gasification plant site. October 2006 Page 19 of 61

20 2. CONTAMINATION OVERVIEW STUDY 2.1 Introduction The purpose of the Contamination Overview Study (COS) is to identify properties/areas with the potential for site contamination (i.e., soil and groundwater contamination). The study is similar to a Phase I ESA with the exception of the following: The COS is carried out on a much larger scale than a Phase I ESA, normally consisting of numerous properties; The COS does not include a chain-of-title search for any properties; The COS does not include detailed site inspections (including building inspections) of each property; The COS does not include site interviews; and The COS does not include a Freedom of Information (FOI) request to the MOE for information on spills, abatement orders or other relevant environmental information from their files for any of the properties. It would be prudent to complete the COS on all MTO transportation projects as early as possible in the transportation planning process. This would allow existing waste deposition and contamination issues to be identified and potential site contamination issues to be flagged to allow for timely decision making and incorporation of contamination management activities in the project. This will maximize the opportunity to deal with any problems before the project gets too far into the process resulting in significant impact to the project (e. g. time delays and /or cost overruns). Ideally the study should be completed at the route selection/evaluation stage of the transportation planning process. While it is recognized that this level of effort may not be required for all transportation projects primarily depending on the nature and location of the project, it does provide a consistent, upfront approach to identifying the location of key site contamination constraints at a regional as well as local scale. 2.2 Contamination Overview Study Tasks The following sub-sections outline the major tasks and information sources to complete a Contamination Overview Study (COS). October 2006 Page 20 of 61

21 2.2.1 Description of Study Area A general description of the study area is completed to provide an overview of the existing developmental and physical setting along the study area. The information brings into context the potential sensitivity the study area has for areas of waste deposition and/or site contamination. The description should be brief, concise and may include: Location; Study area limits; Current land-use along study area aerial photos and municipal zoning maps; Topography and drainage Ontario Base Maps and site reconnaissance; Physiography physiographic maps; Geology surficial, Quaternary, and Paleozoic bedrock maps; and Hydrogeology groundwater studies and maps Records Review A review of available background information should be completed to determine the historical land-use in the study area and to determine if any of the MOE Databases and Inventories include any environmentally significant information on properties in the study area. The following sources of information may be helpful in a review: MOE Databases and Inventories Generator Registration Data Set Polychlorinated Biphenyl Storage Sites Data Set Waste Disposal Site Inventory Private Databases (e.g., ERIS for a range of activities in an area) MTO Databases and Inventories Maintenance Logs October 2006 Page 21 of 61

22 Records on building construction/demolition Historical Aerial Photographs Historical aerial photographs can be obtained from: MTO; the National Air Photo Library in Ottawa; the Ministry of Natural Resources Air Photo Library in Peterborough; university and municipal libraries; municipal archives; and municipal planning departments Historical Insurance Plans Historical insurance plans can be obtained from: university and municipal libraries; the Insurers' Advisory Organization (IAO); and municipal archives Study Area Reconnaissance A reconnaissance of the study area should be carried out to look for visual indications of actual or potential contamination within the study area. The reconnaissance should not include accessing each property for detailed inspections, it is intended more to be a drive-by reconnaissance looking for any obvious indications of actual waste deposition or potential site contamination such as the presence of storage drums and tanks, piled waste debris, chemical storage, etc., or suspect land-uses such as fuelling facilities, factories and farming activities, etc Analysis of Key Findings An analysis of the key findings collected during the study is undertaken to determine the relative potential (high, moderate and low potential) for soil and groundwater contamination in the study area. The analysis is generally based on current and historical land-use (sources of contamination); and on surficial geology, hydrology and topography (contaminant migration and sensitive receptors). The documentation of key findings should include a brief description and plan of the study area identifying areas of high, moderate and low potential for soil and groundwater contamination Conclusions and Recommendations A Conclusions and Recommendations section should be included in the COS report. This section should conclude by stating whether any sources of actual or potential site contamination were identified. If so, then a recommendation should be made to complete a Phase I ESA for any of the properties identified as having actual or potential site contamination. October 2006 Page 22 of 61

23 2.3 Documentation - Contamination Overview Study Report The results of the COS are to be documented in the Contamination Overview Study Report. The report should be brief and concise and cover all of the abovenoted tasks. It should follow the general format outlined below: Appendices: 1.0 Introduction 1.1 Scope of Work 2.0 Study Area Description 2.1 Location 2.2 Study Area Limits 2.3 Topography and Drainage 2.4 Physiography 2.5 Geology 2.6 Hydrogeology 3.0 Records Review 3.1 Ministry of the Environment Records 3.2 Aerial Photography Review 3.3 Historical Insurance Plans 4.0 Study Area Reconnaissance 5.0 Key Findings 6.0 Conclusions and Recommendations Figures Study Area Photographs Aerial Photographs Historical Insurance Plans October 2006 Page 23 of 61

24 2.4 Proceeding to Next Step For all properties being considered for acquisition, disposition and limited interest, the Preliminary Site Screening (PSS) Process must be completed for each property. The PSS is a property screening process identifying any potential site contamination issues that may warrant a Phase I ESA (Step 3 of the contaminated property process). October 2006 Page 24 of 61

25 3. PRELIMINARY SITE SCREENING 3.1 Introduction The second step in MTO's contaminated property process is the Preliminary Site Screening (PSS). It consists of a non-intrusive, visual site inspection of the property, and review of readily available documentation to identify sources, or activities, of potential environmental concern and signs of contamination. The PSS is mandatory for all properties that are being considered for acquisition (i.e., purchase or advance purchase), disposition (i.e., sale, transfer or temporary limited interest), or development (e.g., highway construction). The PSS should also be undertaken for current property holdings (i.e., property management including lease or demolition) on a priority basis. It should be noted that it might not always be possible to access a property (and therefore carry out a site inspection) due to the following reasons: Early on in the property acquisition process, the property owner may not be aware of MTO s interest in the property, therefore pursuing permission for property access would not be recommended; or During the property acquisition process, the property owner may not want to grant permission to access the property. In such cases, the PSS would not include a detailed site inspection, but would be more of a windshield-type reconnaissance. The two broad areas of information needed to identify potential environmental liabilities are past and present human activities or land-use, and potential site receptors. From knowledge of past and present human activities, it is possible to develop an understanding of the wastes, emissions and other environmental concerns that may be associated with the property. Sensitive site features, such as surface water, are of interest as they represent receptors that can be negatively affected as a result of poor environmental management practices. A Preliminary Site Screening Form, which is included in Appendix B, facilitates documentation of the preliminary site screening process. The form consists of a number of questions (refer to the next section) separated into five sections: Section 1.0: General Information; Section 2.0: Site Characteristics and Activities of Potential Environmental Concern; Section 3.0: Site Sketch; October 2006 Page 25 of 61

26 Section 4.0: Future Action; and Section 5.0: Environmental Review. Depending on the existing land-use of the property, whether it is agricultural or commercial/industrial, only the appropriate sections pertaining to its land-use needs to be completed. The format and content of the PSS is presented in such a manner so that any person (including untrained and non-environmental staff) within MTO and the consulting field can complete the form. It does not require that a contaminant specialist complete the form. 3.2 Preliminary Site Screening Tasks The non-intrusive, visual site inspection, or walk-through, is the most heavily relied upon method of gathering information during the PSS. The information is used in the decision of what MTO s next steps will be, so it is important that the inspector be as diligent as possible. As such, it is important that the inspection is thorough and observations are noted in detail. Similarly, information from readily available site files including acquisition and property management files, and, if possible, interviews with former/existing site owners and employees should also be thoroughly documented. The PSS Form consists of a series of questions to focus investigative effort and prompt the inspector to review site-specific characteristics that may be indicative of potential environmental concerns. In preparation for the site visit, the inspector should: Review and become familiar with the information sought by the PSS Form; Obtain a plan and survey of the property; Obtain permission to enter and inspect the site and review available site files and documentation; and Obtain permission to enter and inspect properties adjacent to the site. If permission to enter adjacent properties is not given, inspections shall be undertaken from outside property boundaries, to the best of the inspector's ability. 3.3 Documentation - Preliminary Site Screening Form Appendix B contains the Preliminary Site Screening Form and a table with explanations for completing each section of the form. October 2006 Page 26 of 61

27 3.4 Potentially Contaminating Land-Uses/Industries Commercial and industrial properties often have some degree of contamination associated with them. The type and extent of contamination is typically dependent on the type of operation, or industry being run, and the length of time of the operation. With respect to commercial property, gas station operations are of more concern than most other commercial activities, due to the presence of underground storage tanks. In addition, older facilities may have operated under less stringent regulatory requirements, and therefore may be more contaminated. Similarly, other older industries, such as steel mills, manufactured gas plants and wood preservation plants, may have more serious contamination problems as compared to modern industries due to the nature of the operation and historically less stringent environmental protection laws. Some examples of commercial/industrial land-uses typically associated with property contamination problems are: Petroleum refineries; Chemical manufacturing or processing plants; Chemical or petroleum storage/marketing sites; Drum, barrel and tank reconditioning plants; Photographic processing or printing operations; Paint formulation or mixing plants; Dry cleaning or laundering facilities; Textile plants; Tanneries; Electroplating operations; Metal finishing, refinishing or etching operations; Fleet vehicle maintenance facilities; Gas stations and motor vehicle service facilities; Abandoned or closed rail corridors; October 2006 Page 27 of 61

28 Incinerators; Waste disposal sites such as fill sites and landfills; Scrap metal or junkyards; Used auto parts or wrecking yards; Waste processing and storage sites and tanks; and Patrol yards. 3.5 Proceeding to the Next Step A Phase I ESA will likely be required for a property when one or more site characteristics, or activities of environmental concern, are identified during the PSS. It is anticipated that most commercial and industrial properties will require Phase I ESA work, given the type and extent of environmental contamination potentially associated with these properties. When a Phase I ESA is required, PSS information may serve as an initial site inspection of the property and will help to focus Phase I ESA work. October 2006 Page 28 of 61

29 4. PHASE I ENVIRONMENTAL SITE ASSESSMENT 4.1 Introduction The Phase I Environmental Site Assessment (ESA) is the third step in MTO's contaminated property process. The primary purpose of the Phase I ESA is to fill information gaps and corroborate known and potential environmental concerns identified during the Contamination Overview Study and/or Preliminary Site Screening. It specifically addresses actual and potential site contamination. The site information gathered during the Phase I ESA provides the basis for the Phase II ESA (detailed, intrusive assessment of the property). It is anticipated that a Phase I ESA will be required for the majority of commercial/industrial properties, given the environmental liabilities potentially associated with these sites. However, regardless of the property type, Phase I ESA work may be focused to address only the specific liabilities or potential concerns highlighted by the PSS. As a result, there may be instances where it may not be necessary to research all of the information requested by the Records Review Form and/or the Site Visit Report. During the Phase I ESA, a balance must be found between excess effort (cost and time) and the risk of discovering an unexpected contamination problem later on in the project. The savings realized by undertaking a less thorough Phase I ESA may be lost due to increased costs at a later date, whereas a more thorough Phase I ESA may be able to address environmental concerns early, thereby minimizing more costly Phase II ESA and remediation activities and the potential for project delays. At times when it is reasonable to do so, Phase I and II ESA work can be combined into one assignment. This combined approach (Phase I and Phase II ESA) could significantly decrease the time requirements to complete such a study, and it could also lower the overall study costs. There are also instances where the Phase I ESA step is omitted and the contaminated property process proceeds directly to a Phase II ESA. Examples of this are for re-establishing the existing environmental conditions of MTO patrol yards occupied by Area Maintenance Contract (AMC) contractors prior to contract renewals. Normally these investigations are Phase II ESAs with some very limited Phase I ESA-type work (i.e., site inspections and site interviews). October 2006 Page 29 of 61

30 4.2 Phase I Environmental Site Assessment Tasks The CSA standard for Phase I ESAs referred to in the requirements set out in the Regulation may be used to guide Phase I ESAs completed by a Qualified Person. Major components/tasks include: Records review; Site visit; Interviews; Data evaluation; and Report preparation. Since a CSA standard prescribes the Phase I ESA requirements, there is no need to further define the scope of work for this study. Depending on what step was completed for the property before the Phase I ESA, i.e., a COS or PSS, some of the information required for the Phase I ESA may already have been collected and assessed for the property and, as such, the actual level of effort may be less than what would be required to complete the Phase I ESA from scratch. 4.3 Non-Intrusive Investigation Techniques - Geophysical Surveys In addition to the standard Phase I ESA, a number of non-intrusive geophysical survey techniques may be considered for use during the study. Alternately, nonintrusive geophysical surveys may be considered for use during the Phase II ESA. A summary of possible techniques and their application is presented in Table 4.1. Geophysical survey technologies may be undertaken independently or in combination and employ a variety of measurement techniques (e.g., ground penetrating radar systems, resistivity methods, electromagnetic and magnetic methods) that may be used to identify hydrogeological characteristics (e.g., soil stratigraphy, depth to water table, depth to bedrock) and locate buried structures, tanks, pipes, utilities, metal, wastes and contaminant plumes. Measurements are recorded at pre-determined grid locations or intersects. The grid size may vary based on survey objectives, technology, property size and other site-specific characteristics. Generally, the smaller the grid or more frequent the measurements, the more accurate and expensive the survey. October 2006 Page 30 of 61

31 The most common geophysical method employed during MTO s contaminated property process is the electromagnetic survey using an EM-31 Terrain Conductivity Meter. This instrument is capable of measuring subsurface conductivity to a depth of six metres and is a very practical instrument for mapping soil and groundwater conductivity (possibly attributed to contaminant plumes), and buried metal objects, such as storage tanks and drums. October 2006 Page 31 of 61

32 Ministry of Transportation Non-Intrusive Geophysical Survey Methods Table 4.1 Non-Intrusive Geophysical Survey Methods and Potential Applications (Potential Applicability of Methods) Seismic Resistivity Electromagnetic Radiometrics Radar Depth to bedrock Often Sometimes Sometimes Often Fractures in Rock Sometimes Sometimes Depth to Water Table Sometimes Sometimes Often Surface Water Depth Often Soil Stratigraphy Often Sometimes Sometimes Sometimes Often Leachate Plumes Often Often Often Sometimes Buried Drums Often Sometimes Buried Pipes & Cables Often Sometimes Radioactive Hazards Often October 2006 Page 32 of 60

33 4.4 Documentation Phase I Environmental Site Assessment Report The CSA standard referred to in the requirements set out in the Regulation may be used to guide documentation of the results of the Phase Environmental Site Assessment into a Phase I Environmental Site Assessment Report. 4.5 Proceeding to the Next Step The decision to proceed with Phase II ESA work is generally based on the findings of the Phase I ESA. Site contamination/liabilities that generally warrant Phase II ESA work include: Indications of contaminated soil, groundwater and/or surface water; The presence of hazardous or non-hazardous materials (e.g., wastes, abandoned materials, product samples, off-specification materials, laboratory chemicals, etc.); Indications of waste dumping, buried debris or suspected fill material; Existing or former underground storage tanks that may or may not have been installed in compliance with standards; Existing or former PCB equipment or storage facilities that may or may not have been established according to legislative requirements; Existing or former chemical or waste storage facilities; Indications of former spills; The presence of asbestos-containing materials (e.g., insulation); and Materials from building demolition that may have been contaminated by site operations (e.g., stained concrete). October 2006 Page 33 of 61

34 5. PHASE II ENVIRONMENTAL SITE ASSESSMENT 5.1 Introduction The Phase II Environmental Site Assessment (ESA), the fourth step in MTO's property contamination review process, consists of an intrusive site investigation to confirm the suspected environmental liabilities and property contamination issues that were identified by the Phase I ESA. As mentioned earlier, the Phase II ESA can be combined with the Phase I ESA as one overall study. Potential environmental liabilities and property contamination issues may include contaminated soil, surface water, groundwater, and sediment, as well as facilities-related issues such as asbestos-containing materials, other contaminated building materials (e.g., contaminated concrete from spills), PCB electrical equipment, and abandoned wastes. At all times during a Phase II ESA, consideration should be given to the identification of off-site contamination onto MTO property, and contamination migrating off-site from MTO property. 5.2 Phase II Environmental Site Assessment Tasks The CSA standard for Phase II ESAs referred to in the requirements set out in the Regulation may be used to guide the Phase II ESA as completed by a Qualified Person. Major components/tasks should include: Planning a site investigation; Conducting the site investigation; Data interpretation and evaluation; and Report preparation. Since a CSA standard prescribes the Phase II ESA requirements, there is no need to further define the scope of work for this study here. However, an additional step called the Screening Level Risk Evaluation has been incorporated into MTO s contaminated property process (i.e., Step 5) that is not prescribed in the Regulation. This step is recommended for properties where site contamination has been confirmed through a Phase II ESA and is intended to provide a link to Step 6, Site Management of the contaminated property. October 2006 Page 34 of 61