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 2015/08/26 Certification Date 2015/04/24 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 4536 PORTAGE ROAD, NIAGARA FALLS, ON, L2E 6A8 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 2015/08/26 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 SLEEK DEVELOPMENTS INC RAINER HUMMEL 1 YONGE STREET SUITE 1506, TORONTO ONTARIO, CANADA M5E 1E5 Phone (905) Fax (905) Address rainer@hummelproperties.net Information about the agent Agent Name Mailing Address Postal Code ROSS BURNETT WILLIAMS 7516 INDUSTRIAL STREET, NIAGARA FALLS ONTARIO, CANADA L2H 1B1 Phone (905) Fax (905) Address info@dmlenvironmental.com Filed Record of Site Condition # on 2015/08/26 2 of 20

3 RSC Property Location Information Municipal Address(es) Municipality Legal Description 4536 PORTAGE ROAD, NIAGARA FALLS, ON L2E 6A8 Niagara Falls See Attached Lawyer s Letter Assessment Roll Number(s) Property Identifier Number(s) (LT) RSC Property Geographical References Coordinate System UTM Datum NAD 83 Zone 17 Easting 654, Northing 4,774, 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 2015/08/26 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 2015/08/26 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 Licence Under Professional Engineers Act ROSS BURNETT WILLIAMS Licence Licence Number QP Employer Name Mailing Address DML ENVIRONMENTAL SERVICES LTD INDUSTRIAL STREET, NIAGARA FALLS ONTARIO, L2H 1B1 CANADA Phone (905) Fax (905) Address info@dmlenvironmental.com Municipal Information Local or Single-Tier Municipality Upper-Tier Municipality Niagara Falls Niagara Ministry of the Environment and Climate Change 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 2015/08/26 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) Type of Report Report Title Date of Report (YYYY/MM/DD) Author of Report Name of Consulting Company P1 ESA PHASE I ENVIRONMENTAL SITE ASSESSMENT AT 4563 PORTAGE ROAD ROSS WILLIAMS DML ENVIRONMENTAL SERVICES LTD. 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 Date of Report (YYYY/MM/DD) Author of Report Name of Consulting Company MOECC Occurrence Report # John Curran J.L Transport Database Report RSC Premium Package (Urban) Ecolog ERIS Ltd. Chain of Title Search Report Carolyn E. Bear Ecolog ERIS Ltd. Filed Record of Site Condition # on 2015/08/26 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) Type of Report Report Title Date of Report (YYYY/MM/DD) Author of Report Name of Consulting Company P2 ESA PHASE II ENVIRONMENTAL SITE ASSESSMENT AT 4536 PORTAGE ROAD ROSS WILLIAMS DML ENVIRONMENTAL SERVICES LTD. 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 2015/08/26 7 of 20

8 Environmental Condition Section 41 applies? Section 43.1 applies? No No Site Condition Information Certification date (YYYY/MM/DD) 2015/04/24 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 PARACEL LABORATORIES LTD. Non-potable Applicable Site Condition Standard TABLE 3 Local or single-tier municipality non-potable written notification date 2015/02/13 Upper-tier municipality non-potable written notification date 2015/06/25 Filed Record of Site Condition # on 2015/08/26 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 Acetone < µg/g 2 Bromomethane < µg/g 3 Carbon Tetrachloride < µg/g 4 Chlorobenzene < µg/g 5 Chloroform < µg/g 6 Dichlorobenzene, 1,2- < µg/g 7 Dichlorobenzene, 1,3- < µg/g 8 Dichlorobenzene, 1,4- < µg/g 9 Dichlorodifluoromethane < µg/g 10 Dichloroethane, 1,1- < µg/g 11 Dichloroethane, 1,2- < µg/g 12 Dichloroethylene, 1,1- < µg/g 13 Dichloroethylene, 1,2-cis- < µg/g 14 Dichloroethylene, 1,2-trans- < µg/g 15 Dichloropropane, 1,2- < µg/g 16 Dichloropropene,1,3- < µg/g 17 Ethylene dibromide < µg/g 18 Hexane (n) < µg/g 19 Methyl Ethyl Ketone < µg/g 20 Methyl Isobutyl Ketone < µg/g 21 Methyl tert-butyl Ether (MTBE) < µg/g 22 Methylene Chloride < µg/g 23 Styrene < µg/g 24 Tetrachloroethane, 1,1,1,2- < µg/g 25 Tetrachloroethane, 1,1,2,2- < µg/g 26 Tetrachloroethylene < µg/g 27 Trichloroethane, 1,1,1- < µg/g 28 Trichloroethane, 1,1,2- < µg/g 29 Trichloroethylene < µg/g 30 Trichlorofluoromethane < µg/g 31 Vinyl Chloride < µg/g 32 Bromodichloromethane < µg/g 33 Bromoform < µg/g 34 Dibromochloromethane < µg/g 35 Petroleum Hydrocarbons F1**** < 7 65 µg/g...continued on next page Filed Record of Site Condition # on 2015/08/26 9 of 20

10 Table 1 Maximum Contaminant Concentrations Compared to Applicable Site Condition Standards Measured Concentration for Contaminants in Soil Continued from previous page... Contaminant Name Maximum Concentration Applicable Site Condition Standard Unit of Measure 36 Petroleum Hydrocarbons F2 < µg/g 37 Petroleum Hydrocarbons F µg/g 38 Petroleum Hydrocarbons F µg/g 39 Polychlorinated Biphenyls < µg/g 40 Acenaphthene < µg/g 41 Acenaphthylene µg/g 42 Anthracene µg/g 43 Benz[a]anthracene µg/g 44 Benzo[a]pyrene µg/g 45 Benzo[b]fluoranthene µg/g 46 Benzo[ghi]perylene µg/g 47 Benzo[k]fluoranthene µg/g 48 Chrysene µg/g 49 Dibenz[a h]anthracene < µg/g 50 Fluoranthene µg/g 51 Fluorene < µg/g 52 Indeno[1 2 3-cd]pyrene µg/g 53 Methlynaphthalene, 2-(1-) *** µg/g 54 Naphthalene µg/g 55 Phenanthrene µg/g 56 Pyrene µg/g 57 Aldrin < µg/g 58 Chlordane < µg/g 59 DDD < µg/g 60 DDE µg/g 61 DDT µg/g 62 Dieldrin µg/g 63 Endosulfan < µg/g 64 Endrin < µg/g 65 Heptachlor < µg/g 66 Heptachlor Epoxide < µg/g 67 Hexachlorobenzene < µg/g 68 Hexachlorobutadiene < µg/g 69 Hexachlorocyclohexane Gamma- < µg/g 70 Hexachloroethane < µg/g...continued on next page Filed Record of Site Condition # on 2015/08/26 10 of 20

11 Table 1 Maximum Contaminant Concentrations Compared to Applicable Site Condition Standards Measured Concentration for Contaminants in Soil Continued from previous page... Contaminant Name Maximum Concentration Applicable Site Condition Standard Unit of Measure 71 Methoxychlor < µg/g 72 Chlorophenol, 2- < µg/g 73 Dichlorophenol, 2,4- < µg/g 74 Pentachlorophenol < µg/g 75 Trichlorophenol, 2,4,5- < µg/g 76 Trichlorophenol, 2,4,6- < µg/g 77 Benzene < µg/g 78 Ethylbenzene < µg/g 79 Toluene < µg/g 80 Xylene Mixture < µg/g 81 Biphenyl 1,1'- < µg/g 82 Bis(2-chloroethyl)ether < µg/g 83 Bis(2-chloroisopropyl)ether < µg/g 84 Bis(2-ethylhexyl)phthalate µg/g 85 Chloroaniline p- < µg/g 86 Dichlorobenzidine, 3,3'- < µg/g 87 Diethyl Phthalate < µg/g 88 Dimethylphenol, 2, µg/g 89 Dimethylphthalate < µg/g 90 Dinitrophenol, 2,4- < µg/g 91 Dinitrotoluene, 2,4 & 2,6- < µg/g 92 Phenol < µg/g 93 Trichlorobenzene, 1,2,4- < µg/g Filed Record of Site Condition # on 2015/08/26 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 Bromodichloromethane < µg/l 2 Bromoform < µg/l 3 Dibromochloromethane < µg/l 4 Acetone < µg/l 5 Bromomethane < µg/l 6 Carbon Tetrachloride < µg/l 7 Chlorobenzene < µg/l 8 Chloroform < µg/l 9 Dichlorobenzene, 1,2- < µg/l 10 Dichlorobenzene, 1,3- < µg/l 11 Dichlorobenzene, 1,4- < µg/l 12 Dichlorodifluoromethane < µg/l 13 Dichloroethane, 1,1- < µg/l 14 Dichloroethane, 1,2- < µg/l 15 Dichloroethylene, 1,1- < µg/l 16 Dichloroethylene, 1,2-cis- < µg/l 17 Dichloroethylene, 1,2-trans- < µg/l 18 Dichloropropane, 1,2- < µg/l 19 Dichloropropene,1,3- < µg/l 20 Ethylene dibromide < µg/l 21 Hexane (n) < µg/l 22 Methyl Ethyl Ketone < µg/l 23 Methyl Isobutyl Ketone < µg/l 24 Methyl tert-butyl Ether (MTBE) < µg/l 25 Methylene Chloride < µg/l 26 Styrene < µg/l 27 Tetrachloroethane, 1,1,1,2- < µg/l 28 Tetrachloroethane, 1,1,2,2- < µg/l 29 Tetrachloroethylene < µg/l 30 Trichloroethane, 1,1,1- < µg/l 31 Trichloroethane, 1,1,2- < µg/l 32 Trichloroethylene < µg/l 33 Trichlorofluoromethane < µg/l 34 Vinyl Chloride < µg/l 35 Acenaphthene < µg/l...continued on next page Filed Record of Site Condition # on 2015/08/26 12 of 20

13 Table 1 Maximum Contaminant Concentrations Compared to Applicable Site Condition Standards (Continued) Ground Water Continued from previous page... Contaminant Name Maximum Concentration Applicable Site Condition Standard Unit of Measure 36 Acenaphthylene < µg/l 37 Anthracene < µg/l 38 Benz[a]anthracene < µg/l 39 Benzo[a]pyrene < µg/l 40 Benzo[b]fluoranthene < µg/l 41 Benzo[ghi]perylene < µg/l 42 Benzo[k]fluoranthene < µg/l 43 Chrysene < µg/l 44 Dibenz[a h]anthracene < µg/l 45 Fluoranthene < µg/l 46 Fluorene < µg/l 47 Indeno[1 2 3-cd]pyrene < µg/l 48 Methlynaphthalene, 2-(1-) *** < µg/l 49 Naphthalene < µg/l 50 Phenanthrene < µg/l 51 Pyrene < µg/l 52 Aldrin < µg/l 53 Chlordane < µg/l 54 DDD < µg/l 55 DDE < µg/l 56 DDT < µg/l 57 Dieldrin < µg/l 58 Endosulfan < µg/l 59 Endrin < µg/l 60 Heptachlor < µg/l 61 Heptachlor Epoxide < µg/l 62 Hexachlorobenzene < µg/l 63 Hexachlorobutadiene < µg/l 64 Hexachlorocyclohexane Gamma- < µg/l 65 Hexachloroethane < µg/l 66 Methoxychlor < µg/l 67 Chlorophenol, 2- < µg/l 68 Dichlorophenol, 2,4- < µg/l 69 Pentachlorophenol < 1 62 µg/l 70 Trichlorophenol, 2,4,5- < µg/l...continued on next page Filed Record of Site Condition # on 2015/08/26 13 of 20

14 Table 1 Maximum Contaminant Concentrations Compared to Applicable Site Condition Standards (Continued) Ground Water Continued from previous page... Contaminant Name Maximum Concentration Applicable Site Condition Standard Unit of Measure 71 Trichlorophenol, 2,4,6- < µg/l 72 Biphenyl 1,1'- < µg/l 73 Bis(2-chloroethyl)ether < µg/l 74 Bis(2-chloroisopropyl)ether < µg/l 75 Bis(2-ethylhexyl)phthalate < µg/l 76 Chloroaniline p- < µg/l 77 Dichlorobenzidine, 3,3'- < µg/l 78 Diethyl Phthalate < µg/l 79 Dimethylphenol, 2,4- < µg/l 80 Dimethylphthalate < µg/l 81 Dinitrophenol, 2,4- < µg/l 82 Dinitrotoluene, 2,4 & 2,6- < µg/l 83 Phenol < µg/l 84 Trichlorobenzene, 1,2,4- < µg/l 85 Benzene < µg/l 86 Ethylbenzene < µg/l 87 Toluene < µg/l 88 Xylene Mixture < µg/l 89 Petroleum Hydrocarbons F1**** < µg/l 90 Petroleum Hydrocarbons F2 < µg/l 91 Petroleum Hydrocarbons F µg/l 92 Petroleum Hydrocarbons F µg/l Filed Record of Site Condition # on 2015/08/26 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 2015/08/26 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 2015/08/26 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 2015/08/26 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 2015/04/24, 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 2015/04/24, 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 2015/04/24, 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 DML ENVIRONMENTAL SERVICES LTD. 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 2015/04/24. 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, ROSS BURNETT WILLIAMS, a qualified person as defined in section 5 of O. Reg. 153/04 am, on 2015/07/16: 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 2015/08/26 18 of 20

19 Additional Documentation Provided by Property Owner or Agent The following documents have been submitted to the Ministry of the Environment and Climate Change as part of the record of site condition Certificate of Status or equivalent for the owner Authorization for Agent to submit RSC for filing 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 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 Filed Record of Site Condition # on 2015/08/26 19 of 20

20 As an agent acting on behalf of the owner of the RSC property: 1. 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. 2. I have conducted reasonable inquiries to obtain all information relevant to this RSC, including information from the other current owners of the RSC property named in this part of the RSC and I have obtained all information relevant to this RSC of which I am aware. 3. I have disclosed all information referred to in paragraph 2 to any qualified person named in this RSC. 4. To my knowledge, the statements made in this part of the RSC are true as of July 16, I have ensured that access to the entire property, including the phase one property, any phase two property and the RSC property, has been afforded to the qualified person and to persons supervised by the qualified person, for purposes of conducting the site reconnaissance. I certify that I have been authorized by the owner of the RSC property to make the statements prescribed by this section on their behalf and that the owner of the RSC property has read and understands the statements being made on their behalf. Name of the Agent _Ross B. Williams, P.Eng., M.Eng._ Signature Date Signed July 16, 2015 Filed Record of Site Condition # on 2015/08/26 20 of 20

21 Request ID: Province of Ontario Date Report Produced: 2015/07/10 Demande n : Province de l'ontario Document produit le : Transaction ID: Ministry of Government Services Time Report Produced: 15:24:19 Transaction n : Ministère des Services gouvernementaux Imprimé à : Category ID: CT Catégorie : CERTIFICATE OF STATUS ATTESTATION DU STATUT JURIDIQUE This is to certify that according to the records of the Ministry of Government Services D'après les dossiers du Ministère des Services gouvernementaux, nous attestons que la société S L E E K D E V E L O P M E N T S I N C. Ontario Corporation Number Numéro matricule de la société (Ontario) is a corporation incorporated, amalgamated or continued under the laws of the Province of Ontario. The corporation came into existence on est une société constituée, prorogée ou née d'une fusion aux termes des lois de la Province de l'ontario. La société a été fondée le A U G U S T 1 2 A O Û T, and has not been dissolved. et n'est pas dissoute. Dated Fait le J U L Y 1 0 J U I L L E T, Director Directeur The issuance of this certifcate in electronic form is authorized by the Ministry of Government Services. La délivrance du présent certificat sous forme électronique est autorisée par le Ministère des Services gouvernementaux.

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33 (iii) Areas of Potential Environmental Concern 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 Concern Media Potentially Impacted (Ground water, soil and/or sediment) 1 Former aboveground fuel storage tank Southwestern portion of the property 28. Gasoline and Associated Products Storage in Fixed Tanks On-site Petroleum Hydrocarbons F1-F4 and BTEX Soil and Groundwater 2 Former lumber yard West portion of the property 59. Wood Treating and Preservative Facility and Bulk Storage of Treated and Preserved Wood Products On-site Acid/base/neutral compounds, chlorophenols and polycyclic aromatic hydrocarbons Soil and groundwater Former lumber yard adjacent property to the north Former oil filled transformer Former oil filled transformer 6 Reported spill North portion of the property Adjacent to the east exterior building wall Adjacent to the west exterior building walls Unspecified area on the property or the adjoining property to the north 7 Former orchard East side of the site 59. Wood Treating and Preservative Facility and Bulk Storage of Treated and Preserved Wood Products 55. Transformer manufacturing, processing and use 55. Transformer manufacturing, processing and use 28. Gasoline and Associated Products Storage in Fixed Tanks 40. Pesticides (including Herbicides, Fungicides and Anti- Fouling Agents) Manufacturing, Processing, Bulk Storage and Large- Scale Applications Off-site On-site On-site On-site Acid/base/neutral compounds, chlorophenols and polycyclic aromatic hydrocarbons Polychlorinated Biphenyls and Petroleum Hydrocarbons F1-F4 Polychlorinated Biphenyls and Petroleum Hydrocarbons F1-F4 Petroleum Hydrocarbons F1-F4 and BTEX Groundwater Soil Soil Soil and Groundwater On-site Organochlorine pesticides Soil and Groundwater

34 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 Concern Media Potentially Impacted (Ground water, soil and/or sediment) 8 Former orchard adjacent property to the north and east 9 Railway 10 Former spur line North and east side of the site West and north portions of the property North portion of the property 40. Pesticides (including Herbicides, Fungicides and Anti- Fouling Agents) Manufacturing, Processing, Bulk Storage and Large- Scale Applications 46. Rail yard, tracks and spurs 46. Rail yard, tracks and spurs Off-site Organochlorine pesticides Groundwater Off-site Off-site Acid/base/neutral compounds, chlorophenols and polycyclic aromatic hydrocarbons Acid/base/neutral compounds, chlorophenols and polycyclic aromatic hydrocarbons Groundwater Groundwater 11 Fuel bulk storage and fuel dispensing west of the property at 4388 Portage Road West portion of the property 28. Gasoline and Associated Products Storage in Fixed Tanks Off-site Petroleum Hydrocarbons and Volatile Organic Compounds Groundwater 12 Automotive maintenance repair west of the property at 4388 Portage Road West portion of the property 52. Storage, maintenance, fuelling and repair of equipment, vehicles, and material used to maintain transportation systems Off-site Petroleum Hydrocarbons and Volatile Organic Compounds Groundwater 13 Light construction equipment rental tenant Northern portion of the building 28. Gasoline and Associated Products Storage in Fixed Tanks On-site Petroleum Hydrocarbons F1-F4 and Volatile Organic Compounds Soil and Groundwater

35 Year (i) Current and Past Uses Name of Owner Description of Property Use Property Use Prior to 1919 Minnie Clark, Lillian Mail Unknown Agricultural Hydro-Electric Power Commission of Ontario Orchard Agricultural Other Observations No information available No developed use in aerial photos from Alfred Henry Cropp Orchard Agricultural None Dominic, Joseph, Nicholas, Napoleon Biamonte Biamonte Bros. Company Limited Ontario Inc present Sleek Developments Inc. Lumber Yard Niagara Falls Lumber Ltd Garth Tustin Niagara Falls Buildall Associate Store Niagara Hallmark Devices Ltd Buildall Home Improvement Centre Hannon Lumber Distribution Inc Niagara Falls Lumber Do-It Center Michaels Carpets and Flooring Buildall Siding Warehouse Terry Forest Products Ltd Nick's Lumber Company All Star Mechanical All Pro Equipment Fight Club Canada Inc John Bordynuik Inc Niagara Falls Horn Blower Liquidation Depot Industrial Industrial Industrial Industrial This represents the first developed use. Fire insurance plans show an above ground fuel storage tank located in the southwest portion of the site (1965) Orchard does not appear in 1989 aerial photograph All Pro Equipment had a waste generator number for waste oil for 2 years at this location None Dunrite Aluminum

36 (x) Phase Two Conceptual Site Model Areas of potential environmental concern (APEC) exist on the Phase II Site as a result of the potentially contaminating activities (PCAs) on and off the Site as identified within the Phase I study area. Areas where potentially contaminating activities have occurred: 1. A former aboveground fuel storage tank on the southern portion of the phase two property. There may have been spills during filling and/or dispensing of fuel and possible leaks from the tanks or piping. In order to assess this PCA samples of soil and groundwater will be analyzed for petroleum hydrocarbons (PHC s) and benzene, toluene, ethyl benzene and total xylenes (BTEX). 2. A former lumber storage area on the western portion of the phase two property. Some of the stored lumber was treated which may have resulted in soil and groundwater contamination. In order to assess this PCA samples of soil and groundwater will be analyzed for acid base neutral compounds, chlorophenols and polycyclic aromatic hydrocarbons (PAH s). 3. A former lumber storage yard on the adjacent property to the north. Some of the stored lumber was treated which may have resulted in groundwater contamination. In order to assess this PCA groundwater samples will be analyzed for acid base neutral compounds, chlorophenols and PAH s. 4. Former oil filled transformers on the east and west sides of the building on the phase two property. The transformers may have leaked oil and possibly PCB s, if present in the oil. In order to assess this PCA soil samples will be analyzed for PHC s and PCB s. 5. A remediated diesel fuel spill in an unknown area of the phase two property or the adjacent property to the north. Although an exhaustive investigation was carried out to determine the location of the spill and the degree of remediation, no specific information was found. Therefore in order to assess this PCA a number of samples of soil and groundwater will be analyzed for PHC s and BTEX. 6. A former orchard on the east side of the phase two property. Pesticides may have been used which could be present in soil and groundwater. In order to assess this PCA samples of soil and groundwater will be analyzed for organochlorine pesticides.

37 7. A former orchard on the adjacent property to the north. Pesticides may have been used which could be present in groundwater. In order to assess this PCA groundwater samples will be analyzed for organochlorine pesticides. 8. The active railway line west of the phase two property and a spur line on the adjacent property to the north. Treated railway ties may have left a residue of acid base neutral compounds, chlorophenols and PAH s. In order to assess this PCA groundwater samples will be analyzed for acid base neutral compounds, chlorophenols and PAH s. 9. A petroleum bulk storage facility, former retail fuel dispensing outlet and automotive maintenance garage at 4388 Portage Road, west of the phase two property within the study area. These facilities may have resulted in the transport of PHC s in groundwater to the RSC site. In order to assess this PCA groundwater samples will be analyzed for PHC s and volatile organic compounds (VOC s). 10. A former light construction equipment rental tenant at the north portion of the phase two property. Maintenance of the rental equipment may have resulted in residues of PHC s. In order to assess this PCA samples of soil and groundwater will be analyzed for PHC s and VOC s. Areas of potential environmental concern (as shown on figure 1 & 2 in the CSM): 1. The southern portion of the property where a former aboveground fuel storage tank was located. 2. The western portion of the property where treated lumber was stored. 3. The north portion of the property may have been affected from the storage of treated lumber on the adjacent property to the north. 4. Concrete block vaults located on the east and west sides of the building where former oil filled transformers were located. 5. The entire property may contain remnants of the remediated diesel fuel spill. 6. The east side of the property which many have been subjected to pesticide application from the former orchard. 7. The east and north portions of the property may have been subjected to groundwater contamination from pesticide use on the adjacent property to the north.

38 8. The west portion of the property adjacent to an active railroad line. The north portion of the property adjacent to former spur line. 9. The western portion of the property due to the presence of a fuel bulk storage facility, former retail fuel dispensing outlet and automotive maintenance garage west of the property at 4388 Portage Road. 10. The north portion of the property where a former light construction equipment rental tenant was located. There are subsurface utilities on the phase two property as follows: natural gas, electrical power, water and sewer. The subject site is generally flat lying gently sloping from south to north. Stratigraphy from ground surface to the deepest aquifer or aquitard is as follows: Overburden, gravel, small trees, and light vegetation (~183 masl). Sandy Silt. Light reddish brown, damp with no odour. (~ masl - ~ masl). Silt. Reddish brown, moist, no odour. ( masl). Clay with very little silt. Grayish brown, moist in the final meter, with no odour. (~172.5 masl 166~masl). Ground Water: Elevations and Flow Direction i. Three wells were installed throughout the subject site to assess groundwater flow direction. Based on soil observations during drilling operations screened intervals were strategically installed to intercept ground water flow immediately above the aquitard. ii. The results of measuring the static water levels were determined by using a :Heron Interface Probe. Static water level in monitoring well /#01 was meters below ground surface Static water level in monitoring well #02was meters below ground surface. Static water level in monitoring well #3 was meters below ground surface. i. There was no free flowing product in any of the monitoring wells.

39 ii. iii. iv. Based on the elevations of the static water level in each of the three wells the ground water flow is towards the north-east. Given the influence of topography, subsurface conditions and the proximity of the hydro canal (major drainage influence) there is very little potential for temporal variability of ground water flow direction. The site is serviced by underground services including hydro, natural gas, water, sewer, and telephone cable. These would have no effect on the water table. Ground Water: Hydraulic Gradients i ii The horizontal hydraulic gradient was calculated by dividing the difference between static water levels in the wells by the horizontal distance between them. The hydraulic gradient between MW #2 & MW#3 is The hydraulic gradient between well #2 and #1 is The vertical hydraulic gradients were not calculated because there was no contamination greater than the site condition standard. Data from the Ministry of the Environment and Climate Change (MOECC) Water Well Information system reported 166 masl and the approximate depth to bedrock is 17m. There are no contaminants above the allowable concentrations for the site. The approximate depth to the water table is 12 m. The property is not within an area of natural significance. The property does not include and is not adjacent to an area of natural significance or part of such an area. The property does not include land that is 30 metres of an area of natural significance or part of such an area. The soil at the property has a ph value for surface soil that is more than 5 and less than 9 and for subsurface soil it is more than 5 and less than 11. The qualified person does not believe it is appropriate to

40 apply section 41 of the Regulation to the property. Section 43.1 of the Regulation does not apply to the property. No soil has been brought from another property and placed on, in or under the phase two property. There are no known proposed building or other structures. There are no contaminants present on, in or under the phase two property with concentrations above the applicable standards.

41 11. PCA Fuel bulk storage & fuel dispensing 12. PCA Auto repair 3. PCA Former lumber yard off site 3. APEC Former lumber yard off site 10. PCA Former spur line 9. APEC CN rail line 10. APEC Former spur line 9. PCA - CN rail line 13. PCA & APEC- construction equipment storage area 5. PCA & APEC west transformer 8. PCA Former orchard off site 2. PCA & APEC Former lumber yard on site 11. APEC Fuel bulk storage & fuel dispensing 12. APEC Auto repair 8. APEC Former orchard off site 7. PCA & APEC Former orchard on site 6. PCA & APEC - Reported spill 4. PCA & APEC east transformer 1. PCA Former AST 1. APEC Former AST DML Environmental Services Ltd Industrial Street Niagara Falls, Ontario L2H 1B1 FIGURE: 1 Revised Date: Aug20/15 RSC CONCEPTUAL SITE MODEL APEC s & PCA s 4536 Portage Road, NIAGARA FALLS, ON

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