Site Profile and Soil Relocation Discussion Papers
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1 Site Profile and Soil Relocation Discussion Papers Kerri Skelly & Kelli Larsen Senior Contaminated Sites Officers Thursday, October
2 REVIEW OF B.C. S SITE REMEDIATION LEGAL REGIME CONSULTATION AND COMMENT OPPORTUNITIES Papers and response forms, provided on Land Remediation Section website (Comments Requests tab) Interactive consultation sessions are planned for Vancouver (Vancouver Convention Centre - Oct 29) and Kelowna (Delta Grand Nov 5) Victoria session completed on (Oct 15) For more information and to register for these free sessions, contact cindybertram@shaw.ca
3 Review of British Columbia s Site Remediation Legal Regime We encourage you to forward your comments to: cindybertram@shaw.ca PO Box Westshore RPO Victoria, BC V9B 6K8 Consultation closes on December 10, 2014
4 SITE PROFILE DISCUSSION PAPER PRESENTER: KELLI LARSEN
5 SITE PROFILE PROCESS - BACKGROUND What is the site profile process? A series of legal provisions used to identify potentially contaminated sites and ensure these sites are investigated and, if necessary, remediated prior to redevelopment How does it work? Process triggered by decommissioning, foreclosure or application for specific local government approvals Only applies to sites where commercial/industrial activities have occurred as listed in Schedule 2 the Contaminated Sites Regulation (CSR) If the Director requires a site investigation, approvals are frozen until the Director s requirements are fulfilled
6 SITE PROFILES CONCERNS WITH CURRENT PROCESS Administration (applicant, local government, ministry) Consistency across province (opt-out option, differences in local government permitting processes) Too many triggers often identifies sites, blocks approvals at inappropriate times Consequences of triggering the process are unclear (what happens once my site profile goes to the Director)
7 1. IDENTIFICATION OF POTENTIALLY CONTAMINATED SITES MINISTRY PRIORITIES Uniform and consistent process Hardwired requirements Increased predictability of process OBJECTIVES Streamlined system with sites identified at an appropriate time Adequate investigation and (if needed) remediation before reuse or redevelopment
8 SITE PROFILE PROCESS OPTIONS FOR AMENDMENTS Activities Triggering Site Profile Requirements a. Local government applications Remove some or all of following triggers: soil removal, demolition, subdivision and zoning Leave triggers but amend and expand exemptions (example: lot line adjustments would not trigger site investigation and remediation requirements)
9 SITE PROFILE PROCESS OPTIONS FOR AMENDMENTS Activities Triggering Site Profile Requirements b. Site decommissioning Clarify definition of site decommissioning Hardwire requirements to submit to the Director (1) site investigation reports and (2) Site Risk Classification Report within a specific timeframe following decommissioning Repeal decommissioning trigger, alternatively, introduce provisions outside of the site profile process requiring perimeter monitoring at all operating Schedule 2 sites and security at startup
10 SITE PROFILE PROCESS OPTIONS FOR AMENDMENTS Site Profile Form Require completion of site profile form by qualified professional Require basic searches to determine historical site use Require site profile records to be updated if new information becomes available Remove question sections (Section IV through IX), site investigation would be based on presence of Schedule 2 activity
11 SITE PROFILE PROCESS OPTIONS FOR AMENDMENTS Site Profile Freeze and Release Provisions Option A Streamline existing release provisions Revise release provisions in Oil and Gas Activities Act, Local Government Act, Land Title Act, Vancouver Charter and Islands Trust Act only legal instruments would release frozen applications Amend certain site profile triggers and exemptions to ensure sites are identified at appropriate stage in development
12 SITE PROFILE PROCESS OPTIONS FOR AMENDMENTS Site Profile Freeze and Release Provisions Option B Focus on the end point Site profile submitted to ministry for information only Local government applications would not be frozen Site investigation requirements hardwired into legislation Legal instrument obtained prior to: Specific endpoint (to be determined, ie. Occupancy) Specific timeframe (for example, 5 years)
13 QUESTION PERIOD SITE PROFILE DISCUSSION PAPER PRESENTER: KELLI LARSEN
14 Consultation Questions: 1. Identification of Potentially Contaminated Sites Soil Profile Process 1. Ministry priorities and objectives for identification of potentially contaminated sites 2. Concerns with the current site profile process 3. Activities triggering site profile requirements 4. Site profile form 5. Site profile freeze and release provisions 6. Suggestions for a revised site identification process 7. Additional comments
15 SOIL RELOCATION DISCUSSION PAPER PRESENTER: KERRI SKELLY
16 2. PREVENTION OF SITE CONTAMINATION FROM SOIL RELOCATION BACKGROUND Why were soil relocation provisions established? 1980s - need to manage excess soil from redevelopment of industrial lands Inconsistent bylaws Identification of appropriate re-use opportunities
17 2. PREVENTION OF SITE CONTAMINATION FROM SOIL RELOCATION BACKGROUND What are the current provisions? Environmental Management Act Contaminated Sites Regulation Schedule 7 triggers
18 2. PREVENTION OF SITE CONTAMINATION FROM SOIL RELOCATION BACKGROUND How does it work? Process for tracking transport and deposit of soils Trigger Schedule 7 Soil relocation agreement Ministry may include conditions for relocation in agreement Exemptions to process
19 2. PREVENTION OF SITE CONTAMINATION FROM SOIL RELOCATION CONCERNS WITH CURRENT SOIL RELOCATION PROVISIONS
20 2. PREVENTION OF SITE CONTAMINATION FROM SOIL RELOCATION CONCERNS WITH CURRENT SOIL RELOCATION PROVISIONS Soil Relocation Agreements not being used Complicated, expensive and lengthy process Triggers and exemptions inappropriate/incomplete s
21 2. PREVENTION OF SITE CONTAMINATION FROM SOIL RELOCATION MINISTRY PRIORITIES Protecting human health and the environment Avoiding creation of new contaminated sites Facilitating re-use, expanding options for management of soils
22 PREVENTION OF SITE CONTAMINATION FROM SOIL RELOCATION MINISTRY OBJECTIVES Ensure safe transport of contaminated soil to a suitable site Effective, fair, streamlined and consistent system Hardwired requirements Notification to local governments Predictability of process and increased compliance
23 2. SOIL RELOCATION PROVISIONS OPTIONS FOR AMENDING TRIGGERING AWARENESS OF SOIL RELOCATION Considerations for notification: Soil containing substances not already found on receiving site Soil with concentrations greater than the applicable land use standards of receiving site (risk assessment needed) Substance concentrations greater than a revised Schedule 7 No notification of ministry
24 2. SOIL RELOCATION PROVISIONS OPTIONS FOR AMENDING NOTIFICATION PROCESS Considerations for how to notify: Standard form to be submitted to ministry Document in Site Risk Classification report Relocation information provided with an application for a legal instrument Provided to local government Public posting on ministry web page No notification
25 2. SOIL RELOCATION PROVISIONS OPTIONS FOR AMENDING REQUIREMENTS FOR MANAGEMENT OF SOIL RELOCATION Source site soil management plan Soil transportation plan Receiving site soil management plan Provisions to impose Director s requirements Chain of Custody form to accompany the relocated soil Temporary storage required at receiving site to test soil for suitability for long term disposal
26 2. SOIL RELOCATION PROVISIONS OPTIONS FOR AMENDING NOTIFICATION TO LOCAL GOVERNMENT Considerations: Prior notice to both generating and receiving site local governments Notification to receiving local government prior to relocation Notification required if outside local government soil management areas Notification if required by local bylaws No notification
27 PREVENTION OF SITE CONTAMINATION FROM SOIL RELOCATION CLARIFYING DEFINITIONS AND SCOPE Re-define contaminated site for soil relocation Consistent application for First Nations Improve provisions for sediment and vapors Re-visit exemptions
28 QUESTION PERIOD SOIL RELOCATION DISCUSSION PAPER PRESENTER: KERRI SKELLY
29 Consultation Questions: 2. Prevention of Site Contamination From Soil Relocation 1. Ministry priorities and objectives 2. Concerns with current soil management and soil relocation provisions 3. Suggestions for revised soil relocation provisions 4. Revising the role of soil relocation provisions 5. Clarifying definitions and scope of provisions 6. Additional comments
30 THANK YOU Kerri Skelly Kelli Larsen
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