4145 North Service Road, bureau 300 Burlington ON L7L 6A3 Tél. : Téléc. :

Transcription

1 Ministry of the Environment and Climate Change Central Region Halton-Peel District Office 4145 North Service Road, Suite 300 Burlington ON L7L 6A3 Tel.: Fax: Ministère de l Environment et de l Action en matière de changement climatique Région du Centre Bureau du district de 4145 North Service Road, bureau 300 Burlington ON L7L 6A3 Tél. : Téléc. : Attention: Mr. Albert Ho FCHT Holdings (Ontario) Corporation First Capital Realty Inc. First Capital (Alberta) Holdings II ULC 85 Hanna Avenue, Suite 400 Toronto, ON M6K 3S3 Re: Amended Certificate of Property Use No T9K7Y (CPU) Derry Road West, Milton, Ontario The purpose of this document is to amend Amended Certificate of Property Use (CPU) Number T9K7Y dated April 22, 2015 that was issued in regard to the above referenced Property to FCHT Holdings (Ontario) Corporation as the Registered Owner of the Property and First Capital Realty Inc. and First Capital (Alberta) Holdings II ULC, as beneficiaries under the First Capital Holdings Trust (collectively, Beneficial Owners). This document is in response to the following documents submitted as an application by the Owners requesting an amendment to the CPU in accordance with Items and of the CPU: Supplemental Risk Management Plan, dated October 26, 2015, prepared by Watters Environmental Group Inc., transmitted by on October 28, 2015 to Tim Edwards, Ministry of the Environment and Climate Change (the Supplemental Risk Management Plan ). Letter to Tina Dufresne, Ministry of the Environment and Climate Change, Re: Assessment of Groundwater Impacts Report, Derry Heights Plaza, Derry Rd. W, Milton, Ontario, dated December 4, 2015, prepared by Watters Environmental Group Inc. The following sets out the nature of the application and the reasons therefore. For convenience, the terms that are capitalized have the meanings described herein or in the CPU. The Application proposed new Risk Management Measures to permit the construction of new buildings in areas of the Property where new building construction had been prohibited by Item 5.2 of the CPU. The Application was prepared in accordance with Items and of the CPU and was consistent with the process contemplated by the Director at the time that the CPU was issued.

2 This CPU Amendment alters the building construction restrictions as set out in the CPU. Item 5.2 is being revoked and replaced. Items and are being added to provide building risk management measures and monitoring requirements for new buildings being constructed. Item 4.3, the annual reporting requirement, is being revoked and replaced to reflect these new requirements. Schedule B of the CPU is also being revoked and replaced to include sub-slab vapour target concentrations. Figure 1-1 Conditional Build Area Including 30m Buffer Zone is being added to the CPU. Based on the Ministry s review of the Application, and pursuant to my authority under subsection 168.6(3) of the Act, I hereby alter the CPU as set out below. A. Item is hereby added to the CPU as follows: Pursuant to Item 5.2 (a) of the CPU, the construction of new enclosed slab-on-grade buildings within the area of the Property in the Conditional Build Area Including 30m Buffer Zone, as shown in Figure 1-1, is permitted provided that a soil vapour intrusion mitigation system, consisting of a sub-slab depressurization system and vapour barrier as described in the Supplemental Risk Management Plan, has been incorporated into the design of, and installed in, any new building (s) to be constructed on the Property and will be operated, monitored and maintained in accordance with the following requirements: (a) The soil vapour intrusion mitigation system shall be designed by an appropriately qualified professional engineer in consultation with the Qualified Person and shall meet the requirements and objectives set out within the Supplemental Risk Management Plan and shall also include the following components: i. The Owner shall obtain an Environmental Compliance Approval, as necessary, and any other permits or approvals as may be required; ii. The installation of the soil vapour intrusion mitigation system shall be completed under the supervision of an appropriately qualified professional engineer and a Qualified Person; and iii. A quality assurance/quality control (QA/QC) program shall be undertaken during the installation of the soil vapour intrusion mitigation system and shall be completed by a qualified contractor, and overseen by an appropriately qualified professional engineer. A QA/QC report shall be prepared by the appropriately qualified professional engineer that includes a statement that the soil vapour intrusion mitigation system was installed in accordance with the original design specifications and that it meets the requirements and design objectives set out within the Supplemental Risk Management Plan. The QA/QC report shall be made available by the Owner to the Ministry for review upon request. (b) Within 90 days of the installation of the soil vapour intrusion mitigation system as detailed in Item (a) of this CPU, in any new building on the Property in the Conditional Build Area Including 30m Buffer Zone., the Owner shall submit to the Director as-built drawings and detailed design specifications of the soil vapour intrusion mitigation system along with a statement from the qualified professional engineer that the soil vapour intrusion mitigation system has been installed in accordance with the original design specifications that it has been designed to meet the requirements and objectives set out within the Supplemental Risk Management Plan (i.e, certifies that the installed soil vapour intrusion mitigation system adequately depressurizes the sub-slab void space).

3 (c) (d) (e) (f) (g) (h) The soil vapour intrusion mitigation system for any new building in the Conditional Build Area Including 30m Buffer Zone constructed in accordance with Item (a) shall be operated, monitored and maintained by the Owner for as long as the Contaminants of Concern are present on the Property. A qualified professional engineer shall, on behalf of the Owner, prepare an operation, monitoring, and maintenance program, including a contingency plan, based on the requirements of the Supplemental Risk Management Plan. The program shall be implemented by the Owner prior to first occupancy and shall be made available by the Owner to the Ministry upon request. An inspection and maintenance program shall be implemented to ensure the continued integrity of the building floor slabs and the soil vapour intrusion mitigation systems as long as the Contaminants of Concern are present on the Property. The inspection and maintenance program shall include, at a minimum, semi-annual inspections of: (1) the integrity of the building floor slabs; and, (2) the condition of accessible components of the soil vapour intrusion mitigation systems (e.g., risers, fans, and monitoring ports). Ongoing performance monitoring of the soil vapour intrusion mitigation systems shall be implemented to ensure that the operation of the soil vapour intrusion mitigation systems continue to meet the original design objective (i.e., a minimum differential pressure of 6 pascals across ninety percent of the areal footprint of the building). The performance monitoring of the soil vapour intrusion mitigation systems shall include, at a minimum, semi-annual measurements of the air pressure differential within each of the differential pressure monitoring locations. The performance monitoring shall also include any other activity that has been recommended by the qualified professional engineer in Item (c). The soil vapour intrusion mitigations system for each new building shall be equipped with real-time monitoring devices that will provide notification to the Owner of a system shutdown or other malfunction. Any cracks, breaches or loss of integrity observed as a result of the inspection, maintenance and monitoring requirements described in Items (d), (e) and (f) or any other necessary maintenance requirements with the soil vapour intrusion mitigation systems shall be repaired forthwith. Repairs or maintenance shall be made by an appropriately qualified contractor, under the supervision of a qualified professional engineer as necessary. If repairs to a building floor slab or soil vapour intrusion mitigation system cannot be completed in a timely manner, the Owner shall ensure that the contingency measures prepared by the professional engineer are implemented as per Item (c). Within 30 days of the completion of any repairs to a soil vapour intrusion mitigation system the Owner shall submit to the Director, an inspection report prepared by a professional engineer. The inspection report shall describe the contingency measures that were implemented as part of the repair and shall confirm that the repair provides a level of protection to building occupants that is equivalent to or exceeds the level of protection provided in the original design specifications. The Owner shall keep records of the inspections and maintenance program, along with documentation of all repairs that were required to be undertaken and these records shall be made available by the Owner to the Ministry for review upon request.

4 (i) The Owner shall ensure that all individuals/contractors intending to undertake work which could potentially come into contact with or interfere with any soil vapour intrusion mitigation system specified in the Supplemental Risk Management Plan and Item (a) of this CPU are made aware of the presence of the soil vapour intrusion mitigation system and the need to take appropriate precautions to ensure the integrity of the soil vapour intrusion mitigation system at all times. B. Item is hereby added to the CPU as follows: A sub-slab vapour monitoring program shall be implemented for any new enclosed slab-ongrade building constructed on the Property in the Conditional Build Area Including 30m Buffer Zone in accordance with Item of the CPU. The sub-slab vapour monitoring requirements on the Property for any such new building must commence prior to occupancy in the manner described in section of the Supplemental Risk Management Plan. All subslab vapour monitoring shall be for a 24 hour period and in accordance with USEPA Method TO-15, and the Ministry s Draft Technical Guidance Soil Vapour Intrusion Assessment, dated September 2013 for the Contaminants of Concerns listed in Schedule B of the CPU. Following occupancy of such a new building, the monitoring program shall be carried out as follows: (a) (b) (c) (d) The sub-slab vapour monitoring shall be carried out semi-annually for a minimum of two years. The Owner shall ensure that for each calendar year one of the monitoring events is conducted in either January or February and then six months thereafter. The sub-slab vapour monitoring shall continue until such time as the Director, upon application prepared by a Qualified Person on behalf of the Owner, has reviewed the data available and either alters or revokes the requirement in the CPU. Sampling locations for the sub-slab vapour quality monitoring shall be identified by an industrial hygienist or a Qualified Person to be protective of human health for any persons using or occupying the buildings. If the sub-slab vapour monitoring program reveals concentration for any of those Contaminants of Concern listed in Schedule B of the CPU in excess of the Sub-Slab Vapour Target Concentrations for any target level, the Owner shall notify the Director in writing within three business days and shall re-sample the location(s) in which the exceedances were identified within 10 business days of receipt of the analytical data. Should the sub-slab vapour re-sampling event required by Item (c) confirm the findings, the Owner shall immediately notify the Director in writing of the exceedance(s) and an indoor air monitoring program shall be implemented under the supervision and direction of a Qualified Person as follows: i. Sampling locations for the indoor air monitoring program shall be identified by an industrial hygienist or a Qualified Person to be protective of human health for any persons using or occupying the buildings on the Property. Samples will be collected from a minimum of two locations representative of each sub-slab sample location where the exceedance was identified. No further samples shall be collected from these sub-slab sample locations; ii. The indoor air monitoring program shall commence within 10 business days of a sub-slab vapour sample exceedance being confirmed and shall continue on a

5 semi-annual basis thereafter for a minimum period of two years. The Owner shall ensure that for each calendar year one monitoring event is conducted in either January or February and then six months thereafter. Indoor air quality monitoring shall continue until such time as the Director, upon application by a Qualified Person on behalf of the Owner, has reviewed the data available and either alters or revokes the CPU; iii. iv. The monitoring program shall include analysis for those Contaminants of Concern listed in Schedule B of the CPU; Each occurrence of sampling for the indoor air monitoring shall be in accordance with US EPA Method TO-15 and the Ministry s Operations Manual for Air Quality Monitoring in Ontario, dated March 2008, as amended from time to time or such other protocol as agreed upon by the Director; v. If the indoor air monitoring program reveals concentrations of any of those Contaminants of Concern listed in Schedule B of the CPU in excess of the Indoor Air Target Concentrations as set out therein, the Owner shall re-sample the location(s) in which the exceedance(s) were identified within 10 business days of receipt of the analytical data; and vi. Should the re-sampling of indoor air concentrations at any location exceed the Indoor Air Target Concentrations specified in Schedule B of the CPU for any one of those Contaminants of Concern, then the Owner shall promptly notify the Director in writing of the exceedances. The Owner shall arrange for a Qualified Person to develop a detailed contingency plan and submit it to the Director within 30 days of receipt of the second set of analytical results. C. Item 4.3 is hereby revoked and replaced as follows: 4.3 The Owner shall prepare by March 31 each year, an annual report documenting activities relating to the Risk Management Measures undertaken during the previous calendar year. A copy of this report shall be maintained on file by the Owner and shall be made available for review by the Ministry upon request. The report shall include, but not be limited to, the following minimum information requirements: (a) A copy of all ground water monitoring results outlined in Item 4.2.1; (b) A copy of all records relating to indoor air quality monitoring outlined in Item 4.2.2; (c) (d) (e) A copy of all records relating to the soil and groundwater management plan outlined in Item (a); A copy of all records relating to the health and safety plan outlined in Item (b); A copy of all records relating to the inspection and maintenance of the soil barrier outlined in Item (b);

6 (f) (g) (h) A copy of all records relating to any spills on the Property and the measures taken as required by Item 4.2.5; A copy of all records relating to the soil vapour intrusion mitigation system risk management measure requirements outlined in Item 4.2.6; A copy of all records relating to sub-slab vapour monitoring outlined in Item 4.2.7; and (i) A copy of all financial assurance re-evaluations required by Item 6.5. D. Item 5.2 is hereby revoked and replaced as follows: 5.2 Refrain from constructing the following new building(s): (a) (b) Any future building(s) constructed either entirely or in part within the area of the Property identified in Figure 1-1 as the Conditional Build Area Including 30m Buffer Zone unless the construction is in accordance with Item of the CPU. Any future building(s) other than buildings described in Item 5.2 (a) unless the building(s) are of slab on grade construction. E. Schedule B is hereby revoked and replaced as follows: at Derry Road West, MiltonContaminant of Concern (COC) SCHEDULE B Indoor Air and Sub-Slab Vapour Target Concentrations Indoor Air Target Concentration (µg/m3) Sub-Slab Vapour Target Concentration (µg/m3) 1,1-Dichloroethene ,1,1-Trichloroethane ,450 Vinyl Chloride

7 F. New Figure The following new Figure is hereby added to and forms part of the CPU: (1) Figure 1-1: Conditional Build Area Including 30m Buffer Zone, prepared by Watters Environmental Group Inc. and dated June G. Consent Amendment and Disclosure Requirements This document is being issued following a discussion with the Owner and its consultants. It is understood and agreed that Part 6 of the CPU, Hearing before the Environmental Review Tribunal, applies if the Owner wishes to appeal any provision in this letter and the amended CPU. The certificate of requirement referred to in Item 4.5 of the CPU has been registered on title to the Property as Instrument Number HR This document is an amendment to the CPU and will need to be disclosed as referred to in the Certificate of Requirement. The original issuance of the CPU and current Amended CPU were posted on the Environmental Bill of Rights, 1993 Environmental Registry as EBR Registry Number and respectively. Notice of the proposal and the decision to issue this document amending the CPU has also been posted. If you have any further questions or require additional information/clarification please contact Tim Edwards at (905) or at tim.edwards@ontario.ca. Issued at Burlington this [date] day of [month], 2016 Tina Dufresne Director, section of the Act Attachments 1) Figure 1-1: Conditional Build Area Including 30m Buffer Zone, prepared by Watters Environmental Group Inc. and dated June cc. Tim Edwards, MOECC Geoffrey Floyd, MOECC Fatema Tawawala, Watters Environmental Group Inc. Eric Hood, Golder Associates Ltd. Regional Clerk, The Regional Municipality of Halton Planner, The Regional Municipality of Halton Clerk, Town of Milton Chief Building Official, Town of Milton

8 "This is not an original document. This is a reproduction offered by the Ministry of the Environment and Climate Change, Province of Ontario through the Environmental Bill of Rights Registry for the purposes of public consultation." 8