- Updated to: March 16, 2010 -
Approved on March 2, 2010
(Click
HERE for Previous Version of this
Regulation)
CHAPTER E-9
ENVIRONMENTAL PROTECTION ACT
CONTAMINATED
SITES REGISTRY REGULATIONS |
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Pursuant to section 25 of the
Environmental Protection Act
R.S.P.E.I.
1988, Cap. E-9, Council made the following regulations: |
Definitions |
1. In these regulations |
Act |
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(a) "Act" means the
Environmental Protection Act R.S.P.E.I. 1988, Cap. E-9; |
CCME |
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(b) "CCME" means the Canadian
Council of Ministers of Environment; |
construction and
demolition debris |
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(c) "construction and demolition
debris" has the same meaning as the term "C & D debris" as defined in the
Environmental Protection Act Waste Resource Management Regulations
(EC691/00); |
construction and
demolition debris disposal site |
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(d) "construction and demolition
debris disposal site" means a site used for the disposal of construction and
demolition debris; |
inactive landfill |
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(e) "inactive landfill facility"
means a landfill facility that was in operation prior to January 1, 2003,
and has not been closed in accordance with a Department approved closure
plan; |
landfill facility |
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(f) "landfill facility" means a
facility for the disposal of waste by placing the waste in or on land; |
lookup tables |
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(g) "lookup tables" means the
lookup tables set out in the Environmental Protection Act
Petroleum Hydrocarbon Remediation Regulations
(EC655/06); |
risk assessment |
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(h) "risk assessment" means a
scientific examination of the nature and magnitude of the risk presented by
contaminants in the environment to estimate the effects of the contaminants
on humans or ecological receptors due to an existing or potential exposure
to such contaminants; |
risk management
plan |
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(i) "risk management plan" means
actions, including monitoring, designed to prevent or mitigate the level of
risk from contaminants in the environment to human health or the environment
estimated by a risk assessment.
(EC656/06) |
Designation as
contaminated site |
2. The Minister may designate an
area of the environment as a contaminated site after giving notice under
subsection 21.1(5) of the Act, if |
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(a) the area |
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(i) has a landfill facility
that was closed or decommissioned on or after January 1, 2003, |
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(ii) has an inactive landfill
facility, and |
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(iii) is an inactive
construction and demolition debris disposal site; and |
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(b) after considering the
following standards or criteria, the Minister's opinion is that the area is
a contaminated site: |
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(i) the petroleum hydrocarbon
concentrations present on or in the area of the environment are equal to or
greater than the maximum allowable contaminant concentration for the
applicable environmental media specified in lookup tables 1, 2, 3 and 4 in
accordance with the Petroleum Hydrocarbon Remediation Regulations, |
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(ii) the concentration of any
non-petroleum contaminant present at the area are equal to or greater than
the applicable generic numerical limits prescribed in CCME 1996b, "A
Protocol for the Derivation of Environmental and Human Health Soil Quality
Guidelines" as amended, |
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(iii) a risk assessment report
identifies an unacceptable risk with the contaminant concentration present
at the area assessed and |
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(A) there is no provision for
a risk management plan, acceptable to the Minister, involving land use
restoration to ensure that human health or environmental objectives are
achieved, or |
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(B) the Minister believes that
the risk assessment report provides evidence that contamination of the site
represents a significant hazard to human health.
(EC656/06; 130/10) |
Information in
registry |
3. An employee of the
department shall, in a timely manner, enter into the contaminated sites
registry each site designated by the Minister under section 2 together with
the following information: |
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(a) the parcel identification
number of the site; |
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(b) the date of entry of the
site into the registry; |
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(c) if available, the boundaries
of the area of the environment that is contaminated.
(EC656/06) |
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