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- Updated to: October 16,
2015 -
(Includes Amendments approved on
September 8, 2015)
(Click
HERE for Previous Version of this
Regulation)
CHAPTER E-9
ENVIRONMENTAL PROTECTION ACT
PETROLEUM
HYDROCARBON REMEDIATION 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: |
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Definitions
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1.
In these Regulations,
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acceptable
concentration level |
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(a) "acceptable concentration level" means a concentration
level of petroleum hydrocarbons in an environmental media that is equal to
or less than the applicable concentration level for the same petroleum
hydrocarbons as shown in the lookup tables; |
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Act |
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(b) "Act" means the
Environmental Protection Act R.S.P.E.I. 1988, Cap. E-9; |
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Atlantic PIRI
committee |
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(c) "Atlantic PIRI Committee"
means the Atlantic Partnership in RBCA Implementation Committee that
oversees the implementation of the RBCA process in Prince Edward Island,
Nova Scotia, New Brunswick, and Newfoundland and Labrador; |
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environmental
media |
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(d) "environmental media"
means soil, sediments, surface water, groundwater, air, animals and plants; |
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environmental
site assessment |
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(e) "environmental site
assessment" means a systematic process, as outlined in the RBCA User
Guidance document, by which a site professional may characterize or
delineate the concentrations or quantities of petroleum hydrocarbons in an
environmental media and compare those concentrations and quantities with the
acceptable concentration levels set out in the lookup tables; |
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limited remedial
action |
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(f) "limited remedial action"
means limited remediation of soil impacts of petroleum hydrocarbons in
environmental media at a site as outlined in Schedule B under the direction
of a site professional or a Department employee, by repairing, restoring or
remediating the site; |
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lookup table |
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(g) "lookup table" means a
Tier I or Tier II lookup table as set out in Schedule A; |
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non-aqueous
phase liquids |
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(h) "non-aqueous phase
liquids" means undissolved petroleum hydrocarbons that float at the top of
an aquifer; |
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petroleum
hydrocarbons |
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(i) "petroleum hydrocarbons"
means a mixture of hydrocarbons, with or without additives, that is used or
can be used as a combustible fuel for an internal combustion engine or for
heating purposes, including |
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(i) gasoline, diesel, heating
and airplane fuel, and |
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(ii) lubricants, such as used
engine oil; |
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record of site
condition |
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(j) "record of site condition"
means a record of site condition as shown on the form set out in Schedule C
completed under subsection 5(2), 8(1) or 12(1); |
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responsible
party |
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(k) "responsible party" means |
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(i) the owner of a storage tank
system, |
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(ii) the person with the care
and control of a storage tank system, |
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(iii) the owner of the site on
which a storage tank system is, or was, located, or |
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(iv) a person acting on behalf
of any person described in subclauses (i) to (iii); |
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retail outlet |
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(l) "retail outlet" means a
service station, bulk storage or key lock facility, or other place where
petroleum hydrocarbons are sold or kept for sale; |
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RBCA |
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(m) "RBCA User Guidance
document" means the RBCA Toolkit Version 3 User Guidance document prepared
by the Atlantic PIRI Committee, as amended from time to time; |
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risk based
corrective action |
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(n) "risk based corrective
action" or "RBCA" means Risk-Based Corrective Action using a process that
originated with the American Society for Testing and Materials, as modified
by the Atlantic PIRI Committee and endorsed by the Department responsible
for the environment in each of the Atlantic Provinces; |
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site
professional |
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(o) "site professional" means
a person who is licensed to practice engineering in the Province of Prince
Edward Island or who is licensed to practice geoscience in another
jurisdiction in Canada by a professional licensing body governed by statute
in the licensing jurisdiction; |
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site specific
target levels |
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(p) "site specific target
levels" means the target levels specific to a site, for the acceptable
concentration levels of petroleum hydrocarbons in an environmental media,
that are calculated using the RBCA Version 3 risk assessment model, where
site specific information or points of exposure were used in the model run; |
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source site |
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(q) "source site" means a site
on which or in which petroleum hydrocarbons originated in environmental
media; |
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storage tank |
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(r) "storage tank" means a
structure, or any part of a structure, that is used, or designed to be used,
for the underground or aboveground storage of liquid petroleum hydrocarbons; |
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storage tank
system |
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(s) "storage tank system"
means one or more storage tanks together with all connecting piping, both
aboveground and underground, including pumps and product transfer apparatus,
dyking, and associated spill containment and collection apparatus to a
storage tank above the ground surface and any storage tank under the ground
surface; |
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third party |
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(t) "third party" means a
person who owns property affected by petroleum hydrocarbons originating from
a source site; |
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voluntary
remediation |
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(u) "voluntary remediation
agreement" means an agreement made under subsection 13(1) between a
responsible party and the Minister to complete a remedial action plan
accepted by the Minister. (EC655/06; 227/13) |
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Application |
2. (1) These
regulations apply to sites where petroleum hydrocarbons are present in the
environmental media in excess of the acceptable concentration levels shown
in the lookup tables. |
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Lookup tables |
(2) The lookup tables in
Schedule A indicate the acceptable concentration levels of petroleum
hydrocarbons in the soil, sediment, groundwater or surface water.
(EC227/13) |
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Notify Minister
of findings |
3. (1) Where a site
professional conducts an environmental assessment for a responsible party, |
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(a) the site professional
shall report his or her findings to the responsible party as soon as
possible after completing the site assessment; and |
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(b) the responsible party
shall notify the Minister as soon as possible after receiving the report of
the findings of the site professional if any of the following findings are
reported by the site professional: |
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(i) the petroleum hydrocarbon
concentrations at the site are in excess of the applicable acceptable
concentration levels; |
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(ii) the methyl tertiary-butyl
ether concentrations at the site are equal to or greater than 15 parts per
billion in groundwater. |
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Notice to third
parties |
(2) Where a responsible party
is required to give notice to the Minister under clause (1)(b), the
responsible party shall give written notice of the findings referred to in
clause (1)(b) to all parties that have property that may be affected by the
petroleum hydrocarbons in the environmental media of the source site, within
three business days of the notice given to the Minister. |
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Preliminary
determination |
4. (1) Subject to
subsection (5), where the Minister |
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(a) receives a notice under
clause 3(1)(b); or |
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(b) has reason to believe that
there may be petroleum hydrocarbons in the environmental media at a site, |
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the Minister shall make a
preliminary determination as to whether limited remedial action is
appropriate or not to repair, restore and remedy the site affected. |
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Reasons for
determination |
(2) Where the Minister makes a
preliminary determination under subsection (1) that limited remedial action
is or is not appropriate for the remediation of a site, the Minister shall
provide the responsible party with notice of his or her preliminary
determination together with reasons for the determination. |
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Preliminary
determination |
(3) Where the responsible
party for a site receives a notice from the Minister that the Minister has
made a preliminary determination under subsection (1) that limited remedial
action is not appropriate for the remediation of the site, the responsible
party shall cause an environmental site assessment of the site to be made
within the time specified by the Minister. |
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Idem |
(4) Where the responsible
party for a site receives a notice that the Minister has made a preliminary
determination under subsection (1) that limited remedial action is
appropriate for the remediation of the site, the responsible party shall |
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(a) cause an environmental
site assessment of the site to be made in accordance with section 7 to
determine the scope of the remedial action that is necessary; or |
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(b) use limited remedial
action at the site in compliance with the procedures set out in Schedule B. |
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Exception |
(5) No person shall use
limited remedial action at a site where any of the following conditions are
present at the site: |
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(a) the presence of petroleum
hydrocarbons is associated with the failure of a petroleum storage tank
system at a retail outlet; |
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(b) there are multiple sources
of petroleum hydrocarbons at the site; |
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(c) it is evident that the presence of petroleum
hydrocarbons has had an impact on the groundwater at the site; |
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(d) measures other than
short-term emergency action or excavation are required to address petroleum
hydrocarbon vapours within a building; |
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(e) non-petroleum hydrocarbons
are found at the site, in addition to petroleum hydrocarbons; |
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(f) the site characteristics
and possible exposure scenarios are incompatible with the RBCA default
values set out in the RBCA User Guidance document for the current and
reasonably foreseeable future site activities. |
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Compare soil
samples after remediation |
5. (1) Where limited
remedial action at a site is completed pursuant to clause 4(4)(b), the site
professional shall compare soil samples taken from the site with |
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(a) the site specific target
levels; or |
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(b) the lookup tables, where
there are no site specific target levels, |
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as determined in accordance
with the reference documentation set out in Schedule B. |
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Closure report |
(2) Subject to subsection (3),
after completion of limited remedial action at a site, the site professional
shall submit a closure report and a record of site condition to the Minister
where the site professional finds that |
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(a) the maximum petroleum
hydrocarbon levels at the site are equal to or less than |
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(i) the acceptable concentration
levels set out in the lookup tables, or |
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(ii) the site specific target
levels; and |
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(b) none of the conditions
referred to in subsection 4(5) are present at the site. |
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No closure
report |
(3) A site professional may
not submit a closure report under subsection (2) if any of the following
conditions are present at the site: |
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(a) the soils contain liquid
or free petroleum hydrocarbons; |
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(b) the surface soils are
stained; |
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(c) residual petroleum
hydrocarbons are present in the soil at concentrations that cause
objectionable odours or cause explosive conditions with indoor or outdoor
air; |
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(d) petroleum hydrocarbons in
bedrock are present at the site and the site is determined to have a potable
water well by using the reference documentation set out in Schedule B; |
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(e) any of the conditions
referred to in subsection 4(5). |
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Acceptance,
rejection of documents |
(4) The Minister shall review
the documents received under subsection (2) within four weeks of receiving
them and by a written notice to the responsible party to indicate that the
Minister |
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(a) accepts the documents
submitted pursuant to subsection (2); or |
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(b) rejects the documents
submitted pursuant to subsection (2) if |
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(i) the report indicates that
the levels of petroleum hydrocarbons in the soil samples exceed the
acceptable concentration levels in the lookup tables or the site specific
target levels, or |
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(ii) in the Minister's opinion,
the remediation procedure or the soil samples comparison procedure was
deficient. |
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Further remedial
activity |
(5) A responsible party who
receives a written notice under clause (4)(b) shall, as directed by the
Minister, |
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(a) resume limited remedial
action within the time frame specified by the Minister; |
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(b) resume limited remedial
action until the Minister is satisfied that the levels of petroleum
hydrocarbons are equal to or less than the acceptable concentration levels
of the lookup tables or the site specific target levels; or |
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(c) complete an environmental
site assessment in accordance with section 7. |
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Minister may
cause soil samples to be taken |
6. The Minister may, at
any time, |
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(a) cause soil samples to be
taken from any site on which limited remedial action has been taken, for the
purpose of comparing the samples with the lookup tables or with the site
specific target levels; and |
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(b) cause a closure report to
be completed respecting the site from which soil samples were taken under
clause (a). |
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Environmental
site assessment |
7. Every site
professional shall, when carrying out an environmental site assessment, |
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(a) perform the environmental
site assessment in accordance with current RBCA User Guidance document; |
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(b) compare the site
conditions with the applicable cleanup criteria as described in Schedule D
to |
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(i) demonstrate whether the
groundwater quality is potable or nonpotable, and |
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(ii) determine the extent of
petroleum hydrocarbons in both soil and groundwater by comparison to the
applicable acceptable concentration levels; and |
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(c) compare soil samples and
groundwater samples from the site with the lookup tables or the site
specific target levels in accordance with the reference documentation set
out in Schedule D. |
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Closure report,
record of site condition |
8. (1) Subject to
subsection (2), as soon as possible after completing an environmental site
assessment, a site professional shall submit a closure report and a record
of site condition to the Minister if a comparison performed pursuant to
clause 7(b) indicates |
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(a) that the maximum levels of
petroleum hydrocarbons from the soil or groundwater samples are equal to or
less than |
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(i) the site specific target
levels, or |
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(ii) the applicable
concentration levels in the lookup tables where there are no site specific
target levels; and |
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(b) that none of the
conditions referred to in subsection (2) are present at the site. |
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Conditions
precluding closure report |
(2) A site professional shall
not submit a closure report under subsection (1) if any of the following
conditions of the site are present: |
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(a) any of the conditions
described in clauses 5(3)(a), (b) or (c); |
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(b) the site characteristics
and possible exposure scenarios are incompatible with the RBCA default
values set out in the RBCA User Guidance document for the current and
reasonably foreseeable future site activities. |
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Minister's
notice |
(3) The Minister shall review
the documents received under subsection (1) within four weeks of receiving
them and by a written notice to the responsible party indicate that the
Minister |
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(a) accepts the documents
submitted pursuant to subsection (2); or |
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(b) rejects the documents
submitted pursuant to subsection (2) if |
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(i) the report indicates that
the levels of petroleum hydrocarbons in the soil samples exceed the
acceptable concentration levels in the lookup tables or the site specific
target levels, or |
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(ii) in the Minister's opinion,
the remediation procedure or the soil samples comparison procedure was
deficient. |
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Remedial action
plan |
9. (1) Where |
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(a) a responsible party has
received the findings of a site professional who has conducted an
environmental site assessment for the responsible party in accordance with
section 7; and |
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(b) the findings indicate that
the levels of petroleum hydrocarbons from the soil or groundwater samples
are greater than |
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(i) the site specific target
levels, or |
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(ii) the applicable
concentration levels in the lookup tables where there are no site specific
target levels, |
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the responsible party shall,
within 60 days of receiving the findings, submit a remedial action plan to
the Minister respecting the petroleum hydrocarbons identified in the
environmental site assessment. |
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Contents of
remedial action plan |
(2) A remedial action plan
submitted under subsection (1) shall include |
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(a) a description of the
remedial or site management action to be taken; |
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(b) a summary of the rationale
used to develop remedial or site management actions; |
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(c) a description of the
monitoring plan for the site; |
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(d) a schedule of milestones
to be reached under the proposed remedial action plan; and |
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(e) a target completion date. |
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Acceptance or
rejection of remedial action plan |
(3) The Minister may, in
respect of a remedial action plan submitted under subsection (1) or 10(2) |
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(a) accept the plan if the
Minister is satisfied with the descriptions, summary, schedule and target
completion date of the remedial action plan; or |
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(b) reject the remedial action
plan if |
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(i) the Minister disagrees with
any part of the remedial action plan, or |
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(ii) the Minister believes that
the remedial action plan as submitted would not achieve satisfactory
remediation of the site. |
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Written notice |
(4) The Minister, within four
weeks of receiving the documents required to be submitted under subsection
(2), (5) or 10(2), shall provide a written notice to the responsible party
indicating that the Minister |
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(a) accepts the remedial
action plan or modified remedial action plan, as the case may be, for the
site; or |
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(b) rejects the remedial
action plan as submitted and requires the responsible party to modify the
remedial action plan as set out in the notice. |
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Modified
remedial action plan |
(5) A responsible party that
receives a notice under clause (4)(b) shall, within 30 days of receipt of
the notice, submit a modified remedial action plan to the Minister. |
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Conditions |
(6) The Minister may, in
accepting a remedial action plan submitted under subsection (3) or a
modified remedial action plan submitted under subsection (5), place such
conditions on the plan as the Minister considers necessary, including |
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(a) halting the cleanup under
such circumstances as may be specified; or |
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(b) requiring the mitigation
of any adverse consequences of remedial or cleanup action at the site. |
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Extend target
completion date |
(7) The Minister, upon the
written request of the responsible party, may extend the target completion
date as accepted in the remedial action plan or modified remedial action
plan if the Minister is satisfied that there is a good reason for the
extension. |
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No
implementation without acceptance |
(8) No person shall implement
a remedial action plan without the Minister's prior acceptance of that plan
except as provided in subsection 10(3). |
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Implementation
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10. (1) A responsible
party shall implement a remedial action plan accepted by the Minister under
subsections 9(4) or (5), as set out in the plan. |
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If remedial work
not effective |
(2) Where |
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(a) a responsible party has
received the findings of a site professional who has conducted an
environmental site assessment for the responsible party in accordance with
section 7; and |
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(b) the findings indicate that
the levels of petroleum hydrocarbons from the soil or groundwater samples
are greater than |
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(i) the site specific target
levels, or |
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(ii) the applicable
concentration levels in the lookup tables where there are no site specific
target levels,
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the responsible party shall,
within 60 days of receiving the findings, submit a remedial action plan to
the Minister respecting the petroleum hydrocarbons identified in the
environmental site assessment.
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Beginning
cleanup of soil and groundwater |
(3) A responsible party may
begin the cleanup of soil and groundwater before a remedial action plan is
accepted by the Minister if the responsible party |
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(a) is of the opinion that
immediate action is required to prevent further injury to the environment; |
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(b) notifies the Minister of
the intention to begin cleanup; |
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(c) incorporates the cleanup
measures in the remedial action plan to be submitted to the Minister for
acceptance; and |
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(d) obtains any necessary
authorization from the Minister prior to discharging any waste to the
environment. |
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Monitor
effectiveness of remedial actions |
11. Where a responsible
party has completed an accepted remedial action plan for a site, the
Minister may direct the responsible party to monitor the soil, vapours,
groundwater, or surface water at the site for the purpose of verifying the
effectiveness of the remedial action taken in accordance with the accepted
remedial action plan. |
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Completion of
remedial actions |
12. (1) Upon the
completion of a remedial action plan, the site professional supervising the
remedial action plan shall submit a closure report and a record of site
condition under the circumstances described in subsection 8(1). |
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Minister's
notice |
(2) The Minister, within four
weeks of receiving a closure report and record of site condition under
subsection (1), shall provide a written notice to the responsible party |
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(a) indicating that the
Minister accepts the closure report and record of site condition; or |
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(b) indicating |
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(i) that the Minister is not
satisfied that the site has been remediated, if |
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(A) the levels of petroleum
hydrocarbons in the soil and groundwater samples exceed the acceptable
concentration levels of the lookup tables or the site specific target
levels, or |
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(B) in the Minister's opinion
the remediation procedure or comparison of soil and groundwater samples was
deficient, and |
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(ii) the manner in which the
site is to be dealt with under subsection (3). |
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Further remedial
activity |
(3) A responsible party who
receives a written notice under clause (2)(b) shall, as directed by the
Minister and in accordance with the regulations, |
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(a) resume remedial action at
the site until the Minister is satisfied that the levels of petroleum
hydrocarbons are equal to or less than the acceptable concentration levels
or the site specific target levels; or |
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(b) cause an environmental
site assessment to be completed by a site professional in accordance with
section 7 within the time specified by the Minister. |
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Voluntary
remediation agreement |
13. (1) The Minister
may, on the application of a responsible party, enter into a voluntary
remediation agreement with the responsible party respecting a site for the
purpose of addressing and remediating petroleum hydrocarbon impacts in the
environmental media related to the site. |
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Application in
Form 1 |
(2) An application for a
voluntary remediation agreement under subsection (1) shall be in Form 1 of
Schedule E. |
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Form of agreement |
(3) A voluntary remediation
agreement shall |
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(a) be in Form 2 of Schedule
E; and |
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(b) contain a remedial action
plan accepted by the Minister. |
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May be multiple
applicants |
(4) The Minister may enter
into a voluntary remediation agreement with multiple responsible parties if
one of the responsible parties is designated to serve as the contact person
for the Minister. |
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May be individual
or multiple sites |
(5) The Minister may enter
into a voluntary remediation agreement on |
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(a) an individual site basis,
or |
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(b) a multiple site basis
where the responsible party is the same on the multiple sites and the
remediation strategies and timelines are common to the multiple sites. |
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Rejection of
agreement |
(6) The Minister may reject a
voluntary remediation agreement application submitted pursuant to subsection
(2) where |
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(a) a responsible party has
not complied with remediation requirements at another site; or |
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(b) in the case of multiple
responsible parties, a contact person has not been designated under
subsection (4). |
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Amending agreement |
(7) The Minister may, upon the
written request of a responsible party amend a voluntary remediation
agreement for the purpose of extending the target completion date if the
Minister is satisfied with the reason given for the change of date. |
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Terminate
voluntary remediation agreement |
14. (1) The Minister
may, subject to subsection (2), terminate a voluntary remediation agreement
with the responsible party if, |
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(a) there is a change in
ownership of the site subject to the agreement; or |
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(b) the Minister is satisfied
that the responsible party is not in compliance with the voluntary
remediation agreement. |
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Termination of
agreement |
(2) The Minister, or a
responsible party, shall, before terminating a voluntary remediation
agreement, give 30 days written notice of termination. |
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Non-compliant
responsible parties |
(3) Where a voluntary
remediation agreement with multiple responsible parties is in effect and one
or more of the responsible parties fails to comply with these regulations or
with the provisions of the agreement, the Minister may terminate the
agreement with respect to the responsible parties who fail to comply, and
the agreement may remain valid for the other responsible parties. |
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Contact person
fails to comply |
(4) If the responsible party
who fails to comply is also the contact person for the agreement, the
Minister may terminate the entire agreement. |
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Other laws apply |
15. A person who
complies with a voluntary remediation agreement is not relieved from any
obligation to comply with other applicable laws or regulations. |
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Enforcement waived
during agreement |
16. The Minister shall
not initiate an enforcement action against any person in respect of the
petroleum hydrocarbons on a site that is |
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(a) the subject of a voluntary
remediation agreement; and |
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(b) in the process of
remediation in compliance with such agreement.
(EC655/06) |
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SCHEDULE
A
Lookup
Tables
TABLE 1:
Tier 1 Risk Based Screening Levels for Soil (mg/kg) |
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Land Use
|
Ground-
water
use |
Soil type |
Compound of Concern |
|
Benzene |
Toluene |
Ethyl
Benzene |
Xylene |
Modified TPH (TPH-BTEX) |
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|
Gasoline |
Diesel/
No. 2 Fuel Oil |
No. 6 Oil/
Lube Oil |
|
Agricultural |
Potable |
Coarse
Grained |
0.42 |
0.35 |
0.043 |
0.73 |
74 |
270 |
1,100 |
Fine
Grained |
0.094 |
0.74 |
0.089 |
1.5 |
1,900 |
4,700 |
10,000 |
|
Non-Potable |
Coarse
Grained |
0.099 |
77 |
30 |
8.8 |
74 |
270 |
1,100 |
Fine
Grained |
2.3 |
10,000 |
9,300 |
210 |
2,100 |
8,600 |
10,000 |
|
Residential |
Potable |
Coarse
Grained |
0.042 |
0.35 |
0.043 |
0.73 |
74 |
270 |
1,100 |
Fine
Grained |
0.094 |
0.74 |
0.089 |
1.5 |
1,900 |
4,700 |
10,000 |
|
Non-Potable |
Coarse
Grained |
0.099 |
77 |
30 |
8.8 |
74 |
270 |
1,100 |
Fine
Grained |
2.3 |
10,000 |
9,300 |
210 |
2,100 |
8,600 |
10,000 |
|
Commercial |
Potable |
Coarse
Grained |
0.042 |
0.35 |
0.043 |
0.73 |
870 |
1,800 |
10,000 |
Fine
Grained |
0.094 |
0.74 |
0.089 |
1.5 |
1900 |
4,700 |
10,000 |
|
Non-Potable |
Coarse
Grained |
2.5 |
10,000 |
10,000 |
110 |
870 |
4,000 |
10,000 |
Fine
Grained |
33 |
10,000 |
10,000 |
10,000 |
10,000 |
10,000 |
10,000 |
|
Industrial |
Potable |
Coarse
Grained |
0.042 |
0.35 |
0.043 |
0.73 |
870 |
1,800 |
10,000 |
Fine
Grained |
0.094 |
0.74 |
0.089 |
1.5 |
1,900 |
4,700 |
10,000 |
|
Non-Potable |
Coarse
Grained |
2.5 |
10,000 |
10,000 |
110 |
870 |
4,000 |
10,000 |
Fine
Grained |
33 |
10,000 |
10,000 |
10,000 |
10,000 |
10,000 |
10,000 |
|
Residual Saturation (RES) |
Course Grained |
890 |
450 |
240 |
340 |
|
|
|
|
|
Fine Grained |
1000 |
480 |
250 |
360 |
|
|
|
|
|
|
(EC655/06; 227/13; 541/15) |
|
|
TABLE 2: Tier 1 Risk Based
Screening Levels Groundwater (mg/L) |
|
|
|
Receptor |
Ground-
water
use |
Soil Type |
Petroleum Hydrocarbons |
|
Benzene |
Toluene |
Ethyl
Benzene |
Xylene |
Modified* TPH |
|
Gasoline |
Diesel/No.
2
Fuel Oil |
No. 6 Oil/
Lube Oil |
|
Agricultural |
Potable |
Coarse
Grained |
0.005 |
0.024 |
0.0016 |
0.02 |
4.4 |
3.2 |
7.8 |
Fine
Grained |
0.005 |
0.024 |
0.0016 |
0.02 |
4.4 |
3.2 |
7.8 |
|
Non-Potable |
Coarse
Grained |
2.6 |
20 |
20 |
20 |
20 |
20 |
20 |
Fine
Grained |
13 |
20 |
20 |
20 |
20 |
20 |
20 |
|
Residential |
Potable |
Coarse
Grained |
0.005 |
0.024 |
0.0016 |
0.02 |
4.4 |
3.2 |
7.8 |
Fine
Grained |
0.005 |
0.024 |
0.0016 |
0.02 |
4.4 |
3.2 |
7.8 |
|
Non-Potable |
Coarse
Grained |
2.6 |
20 |
20 |
20 |
20 |
20 |
20 |
Fine
Grained |
13 |
20 |
20 |
20 |
20 |
20 |
20 |
|
Commercial |
Potable |
Coarse
Grained |
0.005 |
0.024 |
0.02 |
0.02 |
4.4 |
3.2 |
7.8 |
Fine
Grained |
0.005 |
0.024 |
0.02 |
0.02 |
4.4 |
3.2 |
7.8 |
|
Non-Potable |
Coarse
Grained |
20 |
20 |
20 |
20 |
20 |
20 |
20 |
Fine
Grained |
20 |
20 |
20 |
20 |
20 |
20 |
20 |
|
Industrial |
Potable |
Coarse
Grained |
0.005 |
0.024 |
0.02 |
0.02 |
4.4 |
3.2 |
7.8 |
Fine
Grained |
0.005 |
0.024 |
0.02 |
0.02 |
4.4 |
3.2 |
8 |
|
Non-Potable |
Coarse
Grained |
20 |
20 |
20 |
20 |
20 |
20 |
20 |
Fine
Grained |
20 |
20 |
20 |
20 |
20 |
20 |
20 |
|
Solubility (SQL) |
1,780 |
515 |
150 |
160 |
|
|
|
|
| |
(EC655/06; 227/13; 541/15) |
| |
TABLE 3:
Tier II Pathway Specific Screening Levels for Soil (mg/kg) |
| |
|
Receptor |
Ground-
water
use |
Soil
Type |
Exposure
Pathway |
Petroleum Hydrocarbons |
|
Benzene |
Toluene |
Ethyl
Benzene |
Xylene |
Modified* TPH |
|
Gasoline |
Diesel/No.
2
Fuel Oil |
No.
6 Oil/
Lube Oil |
|
Agricultural |
Potable |
Coarse
Grained |
Indoor
Air |
0.099 |
77 |
30 |
8.8 |
74 |
270 |
1,100 |
Soil
Ingestion |
66 |
20,000 |
9,300 |
140,000 |
15,000 |
8,600 |
14,000 |
Soil
Leaching |
0.042 |
0.35 |
0.043 |
0.73 |
940 |
1,800 |
15,000 |
Fine
Grained |
Indoor
Air |
2.3 |
10,000 |
10,000 |
210 |
2,100 |
10,000 |
60,000 |
Soil
Ingestion |
66 |
20,000 |
9,300 |
140,000 |
15,000 |
8,600 |
14,000 |
Soil
Leaching |
0.094 |
0.74 |
0.089 |
1.5 |
1,900 |
4700 |
10,000 |
Non-
Potable |
Coarse
Grained |
Indoor
Air |
0.099 |
77 |
30 |
8.8 |
74 |
270 |
1,100 |
Soil
Ingestion |
66 |
20,000 |
9,300 |
140,000 |
15,000 |
8,600 |
14,000 |
Soil
Leaching |
Not Applicable for Non-Potable
Scenarios |
Fine
Grained |
|
|
|
|
|
|
|
|
Indoor
Air |
2.5 |
10,000 |
10,000 |
210 |
2,100 |
10,000 |
60,000 |
Soil
Ingestion |
66 |
20,000 |
9,300 |
140,000 |
15,000 |
8,600 |
14,000 |
Soil
Leaching |
Not Applicable for Non-Potable
Scenarios |
|
Residential |
Potable |
Coarse
Grained |
Indoor
Air |
0.099 |
77 |
30 |
8.8 |
74 |
270 |
1,100 |
**Soil
Ingestion |
66 |
20,000 |
9,300 |
140,000 |
15,000 |
8,600 |
14,000 |
Soil
Leaching |
0.042 |
0.35 |
0.043 |
0.73 |
940 |
1,800 |
15,000 |
Fine
Grained |
Indoor
Air |
2.3 |
10,000 |
10,000 |
210 |
2,100 |
10,000 |
60,000 |
Soil
Ingestion |
66 |
20,000 |
9,300 |
140,000 |
15,000 |
8,600 |
14,000 |
Soil
Leaching |
0.094 |
0.74 |
0.089 |
1.5 |
1900 |
4700 |
10,000 |
Non-
Potable |
Coarse
Grained |
Indoor
Air |
0.099 |
77 |
30 |
8.8 |
74 |
270 |
1,100 |
Soil
Ingestion |
66 |
20,000 |
9,300 |
140,000 |
15,000 |
8,600 |
14,000 |
Soil
Leaching |
Not Applicable for Non-Potable
Scenarios |
Fine
Grained |
Indoor
Air |
2.3 |
10,000 |
10,000 |
210 |
2,100 |
10,000 |
60,000 |
Soil
Ingestion |
66 |
20,000 |
9,300 |
140,000 |
15,000 |
8,600 |
14,000 |
Soil
Leaching |
Not Applicable for Non-Potable
Scenarios |
|
Residual Saturation |
Coarse Grained |
890 |
450 |
240 |
340 |
|
|
|
Fine Grained |
1000 |
480 |
250 |
360 |
|
|
|
Commercial |
Potable |
Coarse
Grained |
Indoor
Air |
2.5 |
10,000 |
10,000 |
110 |
870 |
4,000 |
23,000 |
Soil
Ingestion |
360 |
31,000 |
14,000 |
210,000 |
22,000 |
13,000 |
21,000 |
Soil
Leaching |
0.042 |
0.35 |
0.043 |
0.73 |
940 |
1,800 |
15,000 |
Fine
Grained |
Indoor
Air |
33 |
10,000 |
10,000 |
10,0000 |
78,000 |
10,000 |
10,000 |
Soil
Ingestion |
360 |
31,000 |
14,000 |
210,000 |
22,000 |
13,000 |
21,000 |
Soil
Leaching |
0.094 |
0.74 |
0.089 |
1.5 |
1900 |
4,700 |
10,000 |
|
Non-Potable |
Coarse
Grained |
Indoor
Air |
2.5 |
10,000 |
10,000 |
110 |
870 |
4,000 |
23000 |
Soil
Ingestion |
360 |
31,000 |
14,000 |
210,000 |
22,000 |
13,000 |
21,000 |
Soil
Leaching |
Not Applicable for Non-Potable
Scenarios |
Fine
Grained |
Indoor
Air |
33 |
10,000 |
10,000 |
10,000 |
78,000 |
10,000 |
10,000 |
Soil
Ingestion |
360 |
31,000 |
14,000 |
210,000 |
22,000 |
13,000 |
21,000 |
|
Industrial |
Soil
Leaching |
Not Applicable for Non-Potable
Scenarios |
|
Potable |
Coarse
Grained |
Indoor
Air |
2.5 |
10,000 |
10,000 |
110 |
870 |
4,000 |
23,000 |
Soil
Ingestion |
360 |
110,000 |
49,000 |
730,000 |
77,000 |
47,000 |
74,000 |
Soil
Leaching |
0.042 |
0.35 |
0.043 |
0.73 |
940 |
1,800 |
15,000 |
Fine
Grained |
Indoor
Air |
33 |
10,000 |
10,000 |
10,000 |
78,000 |
10,000 |
10,000 |
Soil
Ingestion |
360 |
110,000 |
49,000 |
730,000 |
77,000 |
47,000 |
74,000 |
Soil
Leaching |
0.094 |
0.74 |
0.089 |
1.5 |
1900 |
4,700 |
10,000 |
|
Non-Potable |
Coarse
Grained |
Indoor
Air |
2.5 |
10,000 |
10,000 |
110 |
870 |
4,000 |
23,000 |
Soil
Ingestion |
360 |
110,000 |
49,000 |
730,000 |
77,000 |
47,000 |
74,000 |
Soil
Leaching |
Not Applicable for Non-Potable
Scenarios |
Fine
Grained |
Indoor
Air |
33 |
10,000 |
10,000 |
10,000 |
78,000 |
10,000 |
10,000 |
Soil
Ingestion |
360 |
110,000 |
49,000 |
730,000 |
77,000 |
47,000 |
74,000 |
Soil
Leaching |
Not Applicable for Non-Potable
Scenarios |
|
Residual Saturation |
Coarse Grained |
Coarse
Grained |
|
890 |
450 |
240 |
340 |
|
|
|
|
Fine Grained |
Fine
Grained |
|
1000 |
480 |
250 |
360 |
|
|
|
|
| |
(EC655/06; 227/13') |
|
|
TABLE 4: Tier II
Pathway-Specific
Screening Levels for Groundwater (mg/L) |
|
|
|
Receptor |
Ground-
water
use |
Soil
Type |
Exposure
Pathway |
Petroleum Hydrocarbons |
|
Benzene |
Toluene |
Ethyl
Benzene |
Xylene |
Modified* TPH |
|
Gasoline |
Diesel/No.
2
Fuel Oil |
No.
6 Oil/
Lube Oil |
|
Agricultural |
Potable |
Coarse
Grained |
Indoor
Air |
2.6 |
20 |
20 |
68 |
34 |
200 |
1,100 |
|
Ingestion |
0.005 |
0.024 |
0.0024 |
0.3 |
4.4 |
3.2 |
7.8 |
Fine
Grained |
Indoor
Air |
13 |
20 |
20 |
330 |
2,100 |
30,000 |
20 |
|
Ingestion |
0.005 |
0.024 |
0.024 |
0.3 |
4.4 |
3.2 |
7.8 |
Non-
Potable |
Coarse
Grained |
Indoor
Air |
2.6 |
20 |
20 |
68 |
34 |
200 |
1100 |
|
Ingestion |
Not Applicable for Non-Potable
Scenarios |
Fine
Grained |
Indoor
Air |
13 |
20 |
20 |
330 |
2,100 |
30,000 |
20 |
|
Ingestion |
Not Applicable for Non-Potable
Scenarios |
|
Residential |
Potable |
Coarse
Grained |
Indoor
Air |
2.6 |
20 |
20 |
68 |
34 |
200 |
1100 |
|
Ingestion |
0.005 |
0.024 |
0.0024 |
0.3 |
4.4 |
3.2 |
7.8 |
Fine
Grained |
Indoor
Air |
13 |
20 |
20 |
330 |
2,100 |
300,000 |
20 |
|
Ingestion |
0.005 |
0.024 |
0.0024 |
0.3 |
4.4 |
3.2 |
7.8 |
Non-
Potable |
Coarse
Grained |
Indoor
Air |
2.6 |
20 |
20 |
68 |
34 |
200 |
1,100 |
|
Ingestion |
Not Applicable for Non-Potable
Scenarios |
Fine
Grained |
Indoor
Air |
13 |
20 |
20 |
330 |
2,100 |
30,000 |
20 |
|
Ingestion |
Not Applicable for Non-Potable
Scenarios |
|
|
Solubility |
1780 |
515 |
150 |
160 |
|
|
|
Commercial |
Potable |
Coarse
Grained |
Indoor
Air |
30 |
20 |
20 |
390 |
3,700 |
39,000 |
20 |
|
Ingestion |
0.005 |
0.024 |
0.0024 |
0.3 |
4.4 |
3.2 |
7.8 |
Fine
Grained |
Indoor
Air |
150 |
20 |
20 |
20 |
20 |
20 |
20 |
|
Ingestion |
0.005 |
0.024 |
0.0024 |
0.3 |
4.4 |
3.2 |
7.8 |
|
Non-Potable |
Coarse
Grained |
Indoor
Air |
30 |
20 |
20 |
390 |
3,700 |
39,000 |
20 |
|
Ingestion |
Not Applicable for Non-Potable
Scenarios |
Fine
Grained |
Indoor
Air |
150 |
20 |
20 |
20 |
20 |
20 |
20 |
|
Industrial |
Ingestion |
Not Applicable for Non-Potable
Scenarios |
|
Potable |
Coarse
Grained |
Indoor
Air |
30 |
20 |
20 |
390 |
3,700 |
39,000 |
20 |
|
Ingestion |
150 |
0.024 |
0.0024 |
0.3 |
4.4 |
3.2 |
7.8 |
Fine
Grained |
Indoor
Air |
140 |
20 |
20 |
>160 |
20 |
20 |
20 |
|
Ingestion |
0.005 |
0.024 |
0.0024 |
0.3 |
4.4 |
3.2 |
7.8 |
|
Non-Potable |
Coarse
Grained |
Indoor
Air |
30 |
20 |
20 |
300 |
3,700 |
39,000 |
20 |
|
Ingestion |
Not Applicable for Non-Potable
Scenarios |
Fine
Grained |
Indoor
Air |
150 |
20 |
20 |
20 |
20 |
20 |
20 |
|
Ingestion |
Not Applicable for Non-Potable
Scenarios |
|
| |
EC655/06; 227/13; 541/15) |
| |
TABLE 5:
Tier I Soil Ecological Screening Levels for the Protection of
Plants and
Soil Invertebrates; Direct Soil Contact (mg/kg dry weight) |
| |
| Land Use |
Soil
Grain
Type |
Substance |
| Benzene |
Toluene |
Ethyl
Benzene |
Xylene |
F1
C6-C10 |
F2
C10-C16 |
F3
C16-C34 |
F4
C34-C50 |
| Agricultural |
Coarse |
31 |
75 |
55 |
95 |
210 |
150 |
300 |
2800 |
| |
Fine |
60 |
110 |
120 |
65 |
210 |
150 |
1300 |
5600 |
| Residential |
Coarse |
31 |
75 |
55 |
95 |
210 |
150 |
300 |
2800 |
| |
Fine |
60 |
110 |
120 |
65 |
210 |
150 |
1300 |
5600 |
| Commercial |
Coarse |
180 |
250 |
300 |
350 |
320 |
260 |
1700 |
3300 |
| |
Fine |
310 |
330 |
430 |
230 |
320 |
260 |
2500 |
6600 |
| Industrial |
Coarse |
180 |
250 |
300 |
350 |
320 |
260 |
1700 |
3300 |
| |
Fine |
310 |
330 |
430 |
230 |
320 |
260 |
2500 |
6600 |
|
| |
(EC227/13) |
| |
TABLE 6:
Tier I Soil Ecological Screening Levels for the Protection of
Wildlife
(mammals and birds) and Livestock; Soil and Food Ingestion
(mg/kg
dry weight) |
| |
| Land Use |
Substance |
| Benzene |
Toluene |
Ethyl
Benzene |
Xylene |
F1
C6-C10 |
F2
C10-C16 |
F3
C16-C34 |
F4
C34-C50 |
| Agricultural |
18 |
990 |
640 |
2600 |
11000 |
9800 |
16000 |
8400 |
|
| |
(EC227/13) |
| |
TABLE 7:
Tier I Groundwater Ecological Screening Levels for Plant and
Invertebrate Direct Contract with Shallow Groundwater (mg/L) |
| |
| Land Use |
Soil
Grain
Type |
Substance |
| Benzene |
Toluene |
Ethyl
Benzene |
Xylene |
F1
C6-C10 |
F2
C10-C16 |
| Agricultural |
Coarse |
61 |
59 |
20 |
31 |
7.1 |
1.8 |
| Fine |
100 |
82 |
42 |
21 |
6.5 |
1.8 |
Residential/
Parkland |
Coarse |
61 |
59 |
20 |
31 |
7.1 |
1.8 |
| Fine |
100 |
82 |
42 |
21 |
6.5 |
1.8 |
| Commercial |
Coarse |
350 |
200 |
110 |
120 |
11 |
3.1 |
| Fine |
540 |
240 |
150 |
74 |
9.9 |
3.1 |
| Industrial |
Coarse |
350 |
200 |
110 |
120 |
11 |
3.1 |
| Fine |
540 |
240 |
150 |
74 |
9.9 |
3.1 |
|
| |
(EC227/13) |
| |
TABLE
8: Tier I Surface Water and Groundwater Ecological Screening Levels
for
the Protection of Freshwater and Marine Aquatic Life (mg/L) |
| |
| Water Type |
Substance |
| |
|
|
|
Modified TPH |
| Benzene |
Toluene |
Ethyl
Benzene |
Xylene |
Gas |
Diesel/#2 |
#6 oil/lube |
| Surface Water |
2.1 |
0.77 |
0.32 |
0.33 |
1.5 |
0.1 |
0.1 |
| Groundwater |
4.6 |
4.2 |
3.2 |
2.8 |
13 |
0.84 |
0.48 |
|
| |
(EC227/13) |
| |
TABLE
9: Tier I Groundwater Ecological Screening Levels for the Protection of
Freshwater and Marine Aquatic
Life (mg/L), adjusted for distance to
receiving aquatic environment and soil type |
| |
| |
|
|
|
|
|
|
|
|
Modified TPH |
Distance
to
Surface
Water |
Benzene (mg/L) |
Toluene (mg/L) |
Ethyl benzene
(mg/L) |
Xylene (mg/L) |
Gasoline (mg/L) |
Diesel (mg/L) |
Lube Oil (mg/L) |
| (m) |
Coarse |
Fine |
Coarse |
Fine |
Coarse |
Fine |
Coarse |
Fine |
Coarse |
Fine |
Coarse |
Fine |
Coarse |
Fine |
| 10 |
4.6 |
4.2 |
3.2 |
2.8 |
13 |
0.84 |
0.48 |
| 20 |
5 |
4.6 |
4.6 |
4.2 |
3.5 |
3.2 |
3 |
2.8 |
13 |
13 |
0.85 |
4.5 |
1.3 |
18 |
| 30 |
7.6 |
4.8 |
6.9 |
4.4 |
5.3 |
3.4 |
4.6 |
2.9 |
13 |
14 |
1.3 |
24 |
2.2 |
113 |
| 40 |
12 |
5.6 |
11 |
5.1 |
8 |
3.9 |
7 |
3.4 |
15 |
37 |
2.9 |
178 |
4.9 |
1070 |
| 50 |
17 |
6.7 |
15 |
6.1 |
11 |
4.7 |
10 |
4.1 |
22 |
86 |
6 |
20 |
22 |
20 |
| 60 |
22 |
8.1 |
20 |
7.4 |
15 |
5.6 |
14 |
5.5 |
37 |
495 |
14 |
20 |
56 |
20 |
| 70 |
29 |
9.7 |
26 |
8.8 |
20 |
7.5 |
17 |
7.5 |
55 |
20 |
21 |
20 |
85 |
20 |
| 80 |
36 |
11 |
33 |
10 |
25 |
9.9 |
22 |
11 |
75 |
20 |
28 |
20 |
117 |
20 |
| 90 |
43 |
13 |
39 |
14 |
30 |
13 |
26 |
18 |
92 |
20 |
39 |
20 |
161 |
20 |
| 100 |
51 |
16 |
47 |
17 |
36 |
20 |
31 |
30 |
114 |
20 |
85 |
20 |
511 |
20 |
| 110 |
59 |
19 |
54 |
21 |
41 |
28 |
36 |
49 |
139 |
20 |
207 |
20 |
1243 |
20 |
| 120 |
68 |
23 |
62 |
27 |
47 |
45 |
42 |
92 |
171 |
20 |
333 |
20 |
1996 |
20 |
| 130 |
77 |
29 |
71 |
35 |
54 |
76 |
47 |
20 |
207 |
20 |
436 |
20 |
2615 |
20 |
| 140 |
87 |
44 |
79 |
69 |
60 |
130 |
53 |
20 |
467 |
20 |
20 |
20 |
20 |
20 |
| 150 |
97 |
45 |
88 |
70 |
67 |
20 |
59 |
20 |
750 |
20 |
20 |
20 |
20 |
20 |
| 200 |
150 |
250 |
140 |
20 |
100 |
20 |
91 |
20 |
20 |
20 |
20 |
20 |
20 |
20 |
Solubility
(SQL) |
1,780 |
515 |
150 |
160 |
_ |
- |
- |
|
| |
(EC227/13) |
| |
TABLE
10: Tier I Sediment Ecological Screening Levels for the Protection
of
Freshwater and Marine Aquatic Life (mg/kg dry weight) |
| |
| Sediment Type |
Substance |
| |
|
|
|
Modified TPH |
| Benzene |
Toluene |
Ethyl
Benzene |
Xylene |
Gas |
Diesel #2 |
#6 oil/lube |
Max |
| Typical |
1.2 |
1.4 |
1.2 |
1.3 |
15 |
25 |
43 |
500 |
| Other |
5.4 |
6.1 |
5 |
5.5 |
67 |
110 |
190 |
500 |
|
| |
(EC227/13) |
| |
SCHEDULE B
|
| |
Reference Documentation for
Limited Remedial Action |
| |
1.0 Soil Sample Testing Requirements for Site Evaluation |
| |
1.1 Once soil removal from the site is complete,
representative soil samples shall be taken ensuring that the mixing of samples from different
excavation sidewalls and base does not occur. Representative soil samples shall be collected from
all walls and the floor of the excavation. |
| |
1.2 Where the petroleum hydrocarbons have reached bedrock, a
base sample of the overburden soils shall be collected at the
bedrock/overburden soil interface in the remedial excavation. |
| |
1.3 Any anomalous soils shall be identified and sampled. |
| |
1.4 Sampling protocols, consistent with current industry
standards, shall be adhered to. |
| |
1.5 Soils shall be analyzed at a Canadian Association of
Environmental Analytical Laboratories certified lab. |
| |
1.6 Soils shall be analyzed for Benzene, Toluene,
Ethylbenzene, Xylenes (BTEX) and Total Petroleum Hydrocarbons (TPH) according to Atlantic PIRI Tier
I or II analytical methods where there is concern about the presence of petroleum
hydrocarbons. Any other chemicals of concern shall be analyzed by a method acceptable to the
Minister. |
| |
2.0 Reporting Requirements for Limited Remedial Action
Closure Report |
| |
2.1 A closure report shall contain the following
information: |
| |
A. Site Plan |
| |
A site plan shall include the following: |
| |
|
(a) a plan drawn to scale; |
| |
|
(b) the location of property boundaries; |
| |
|
(c) property identification numbers for the site and all
other properties shown on the plan; |
| |
|
(d) the locations of human and ecological receptors (i.e.,
buildings, wells, watercourses, etc.) on the site and adjacent properties; |
| |
|
(e) the locations of preferential pathways (i.e., drains,
underground lines, etc.); |
| |
|
(f) the limits of soil excavation; |
| |
|
(g) all soil sampling locations; |
| |
|
(h) all soil sample results for BTEX, and TPH; and |
| |
|
(i) the delineation of petroleum hydrocarbon concentrations
to applicable concentration levels in the lookup tables. |
| |
B. Site Description |
| |
A description of the site shall be provided which includes
the following: |
| |
|
(a) the identification of land use activities; |
| |
|
(b) a description of the water supply on the site and
adjacent properties; and |
| |
|
(c) the identification of soil types, strata, and depth on
the site. |
| |
C. Field Procedures |
| |
The following field procedure descriptions shall be
included: |
| |
|
(a) remedial action on the site; |
| |
|
(b) all sampling protocols; and |
| |
|
(c) the disposal method for excavated soils. |
| |
D. Analytical results |
| |
Lab certificates for all soil samples shall be included. |
| |
3.0 Comparison Criteria for Limited Remedial Action |
| |
3.1 The following criteria shall be used when comparing soil
samples to the Tier I or Tier II lookup table values or the site specific target levels
(SSTLs) derived from the RBCA computer model to determine if soil samples are greater or
less than the concentrations shown in the applicable lookup tables: |
| |
A. Cleanup Criteria Land Use Selection Consideration |
| |
When making a determination of land use for the applicable
concentration levels in the lookup tables, the site professional shall take into account
current and reasonable potential future land use based on the following factors: |
| |
|
(a) current and proposed zoning for the site; |
| |
|
(b) land use and planning policies of the government or the
municipality in which the site and adjacent sites are situated; |
| |
|
(c) current site activities; and |
| |
|
(d) proposed site activities. |
| |
B. Cleanup Criteria Groundwater Use Selection Consideration |
| |
When making a determination whether the water at the site is
potable or non-potable for the applicable concentration levels in the lookup tables, the
site professional shall take into account the following factors: |
| |
|
(a) current and proposed uses for groundwater on the site; |
| |
|
(b) current and proposed groundwater uses of adjacent
properties; |
| |
|
(c) the potential for groundwater to pollute potable
groundwater; |
| |
|
(d) evidence of the degradation of local groundwater quality
to a non-potable state; and |
| |
|
(e) whether analytical testing of the local background
groundwater quality indicates past human activities have caused degradation of groundwater
quality to a nonpotable state. |
| |
C. Cleanup Criteria Selection Consideration |
| |
The following are mandatory criteria that must be satisfied
before applying the Tier I and Tier II lookup table values: |
| |
|
(a) non-aqueous phase liquids shall not be present in
groundwater; |
| |
|
(b) potable drinking water shall be free of any
objectionable taste and odour; |
| |
|
(c) soils shall not contain any liquid or free petroleum
hydrocarbons; |
| |
|
(d) residual petroleum hydrocarbons shall not create
objectionable odours or explosive conditions in indoor or outdoor air; |
| |
|
(e) surface soils shall not be stained; and |
| |
|
(f) the site characteristics and exposure scenarios shall be
compatible with the RBCA default values specified in the current RBCA User Guidance
document. |
| |
SCHEDULE C
|
| |
RECORD OF SITE CONDITION |
| |
|
RECORD OF SITE CONDITION |
|
Part
1: Site Information |
| Civic
Address: |
|
|
Current PID Number: |
|
|
Current Owner: |
|
Part 2: List of Environmental Documentation
|
|
A. The following documentation,
prepared by persons other than the
site professional (including peer review reports, if any), pertain to the site
or any other impacted third party properties. Please list documents in chronological
order: |
|
Document Title |
Company |
Date |
| |
|
|
| |
|
|
| |
|
|
| |
|
|
| |
|
|
| |
|
|
|
Part 3:
Tier I, Tier II and Site Specific Target Levels - Environmental Site
Criteria |
|
Petroleum hydrocarbons (e.g. gasoline, lead, waste oil,
etc.) that have been identified as originating from the site: |
Gasoline
#2 Diesel
#6 Oil
Other (Specify): _____________________
Current land use:
|
Residential
Commercial
Agricultural
Industrial
Other (Specify):
_____________________ |
|
Drinking water use:
On-site potable water
Within a wellfield protected
area
Non-potable water
Impacted Soil
composition:
Coarse-grained
Fine-grained
Bedrock (Specify): ______________________
Analysis Type:
Tier I
Tier II
Site Specific Target Level Criteria
Other (Specify): _______________________
Description of
methodology (Investigative and Remedial Options):
Limited Remedial Action
Environmental Site Assessment |
Part 4: Corrective
Actions
|
|
Describe the remedial objectives and the
basic corrective
actions of the Limited Remedial Action or the Remedial Action Plan employed for the
site.
|
|
Describe the current use of the site (buildings, operations,
etc.). |
|
Based on the work completed, the site (cited in Part 1) is
suitable for the following current or reasonably foreseeable future site activity.
Residential
Agricultural
Commercial
Industrial
If site closure is conditional, list site specific
engineered or institutional controls that apply to the site together with a description of the
objectives of each control.
|
|
Part 5: Summary Statement of Site Professional |
The signature of the site professional on this form
indicates the fulfilment of the checked statements.
Please check appropriate statements (statements 1, 2 and 6
are mandatory):
1.
All work on which this record of site condition is based was prepared,
overseen or reviewed by the site professional.
2.
The site was assessed or remediated in accordance with Prince Edward
Island's Petroleum Hydrocarbon Remediation Regulations.
3.
Based on the results of the limited remedial action or environmental site
assessment, the applicable Tier I, Tier II or site specific target level
criteria were not exceeded on the site and therefore, remedial action or site specific
engineered or institutional controls are not required for the current or reasonably foreseeable
future site activities.
4.
The site has been remediated to a acceptable levels of petroleum
hydrocarbons for the current or reasonably foreseeable future site activities (as
cited in Part 4) and
unconditional closure
is recommended.
5.
The site requires site specific engineered or institutional controls to
satisfy the current or reasonably foreseeable future site activities (as cited
in Part 4) and conditional
closure is recommended.
6.
This record of site condition form is identical to the one listed in the
Petroleum Hydrocarbon Remediation Regulations or as provided by the
PEI Department of Environment, Labour and Justice and the form has not been
altered, other than by filling in the blank spaces as appropriate. |
Company:
_________________________
|
Professional Seal
Here |
Contact Name:
_____________________
|
Address:
_________________________
|
Date:____________________________
Signature: ________________________ |
|
| |
(EC227/13) |
| |
SCHEDULE D |
| |
REFERENCE DOCUMENTATION FOR ENVIRONMENTAL SITE |
| |
ASSESSMENTS |
| |
1.0 Comparison Criteria for Environmental Site Assessment |
| |
The following criteria shall be used when comparing
confirmatory soil samples with the Tier I or Tier II lookup table values or the site specific
target levels derived from the RBCA computer model to determine if soil samples are greater or
less than the concentrations shown in the applicable concentration levels in the lookup
tables: |
| |
1.1 Cleanup Criteria Land Use Selection Consideration |
| |
When making a determination of land use for the applicable
concentration levels in the lookup tables, the site professional shall take into account
current and reasonable potential future land use based on the following factors: |
| |
|
(a) current and proposed zoning for the site; |
| |
|
(b) land use and planning policies of the government or the
municipality in which the site and adjacent properties are situated; |
| |
|
(c) current site activities; and |
| |
|
(d) proposed site activities. |
| |
1.2 Cleanup Criteria Groundwater Use Selection Consideration |
| |
When making a determination whether the site is potable or
non-potable for the applicable levels in the lookup tables, the site professional shall
take into account the following factors: |
| |
|
(a) current and proposed uses for groundwater on the site; |
| |
|
(b) current and proposed groundwater uses of adjacent
properties; |
| |
|
(c) the potential for groundwater to pollute potable
groundwater; |
| |
|
(d) evidence of the degradation of local groundwater quality
to a non-potable state; and |
| |
|
(e) whether analytical testing of the local background
groundwater quality indicates past human activities have caused degradation of groundwater
quality to a nonpotable state. |
| |
1.3 Cleanup Criteria Selection Consideration |
| |
The following are mandatory criteria that must be satisfied
before applying the Tier I and Tier II lookup table values: |
| |
|
(a) non-aqueous phase liquids are not present in
groundwater; |
| |
|
(b) potable drinking water are free of objectionable taste
and odour; |
| |
|
(c) soils do not contain liquid or free petroleum
hydrocarbons; |
| |
|
(d) residual petroleum hydrocarbons do not create
objectionable odours or explosive conditions in indoor or outdoor air; |
| |
|
(e) surface soils are not stained; and |
| |
|
(f) the site characteristics and exposure scenarios are
compatible with the RBCA default values specified in the current RBCA User Guidance
document. |
| |
SCHEDULE E |
| |
Form 1 |
| |
Voluntary Remediation Application |
| |
Section 12 of the Petroleum Hydrocarbon Remediation
Regulations made under the Environmental Protection Act
R.S.P.E.I. 1988, Cap. E-9,
allows the Minister and a Responsible Party to enter into a voluntary remediation
agreement.
|
| |
Personal information on this form is collected under
subsection 12(2) of the
Environmental Protection Act
R.S.P.E.I. 1988, Cap. E-9 Petroleum
Hydrocarbon Remediation Regulations as it relates directly to and is necessary for an
application to enter into a voluntary remediation agreement. If you have any questions about this
collection of personal information, you may contact the Director of
Environment Division, 11 Kent Street, Jones Building, Charlottetown, PEI C1A 7N8, Phone: (902)
368-5028. |
| |
|
SECTION 1 - Applicant Contact Information |
|
Name of Applicant: |
|
Mailing Address: |
|
Phone: |
Fax: |
|
Email: |
|
Property Identification Number of Site (PID): |
|
Location and Address of Site: |
|
Current Owner: |
|
Previous Owners in Last 10 Years: |
|
Land Use History: |
Current Land Use:
|
|
Foreseeable Future Land Use: |
|
| |
|
SECTION 2 � Multiple Sites
(complete if the proposed Voluntary
Remediation Agreement is to include more than one site)
|
|
Contact Person
(responsible party to serve as contact person for the Minister): |
|
Property #1
PID: __________________
Location: __________________________
Address:
_________________________________________________
|
|
Property #2
PID: __________________
Location: _________________________
Address:
________________________________________________
|
|
Property #3
PID: _________________
Location: _________________________
Address:
_______________________________________________
|
|
Property #4
PID: _________________
Location: ________________________
Address:
______________________________________________
|
|
Property #5
PID: ________________
Location: ________________________
Address:
_____________________________________________
|
|
| |
|
SECTION 3 � Remedial Action Plan
|
|
All applications must include, for acceptance by the
Minister, a Remedial Action Plan for the site or sites to be included in the Voluntary Remediation
Agreement. The Remedial Action Plan must include the following:
(a) a description of the corrective actions to be taken;
(b) a summary of the rationale used to develop remedial or
site management actions;
(c) a description of the monitoring plan; and
(d) a schedule of milestones for compliance with the
proposed remedial action plan.
|
|
| |
|
SECTION 4 � Declaration of Ability and Intent (all applicants must complete)
|
|
I hereby declare that:
1. I am [initial one]
---- (a) the applicant and I acknowledge that this document
is legally binding on me; or
---- (b) the agent of the applicant and I am fully
authorized to make this declaration on behalf of the applicant and to acknowledge that this
document is legally binding on the applicant.
2. I have personally examined and am familiar with sections
13 to 17 of the Petroleum Hydrocarbon Remediation Regulations made under the
Environmental Protection Act.
3. I will employ a site professional with the required
knowledge and experience to perform the proposed remedial work described in the remedial action
plan.
4. I will notify the Department upon becoming aware of any
inability to proceed with the proposed voluntary remediation actions.
|
|
Date
|
Signature of Applicant/Agent
on behalf of
Company Name
|
|
| |
Please forward application to:
Department of Environment,
Labour and Justice
Environment Division, Environmental and
Regulatory Coordinator
PO Box 2000, 11 Kent Street
Charlottetown, PE C1A 7N8
Fax: (902) 368-5830
|
|
|
Form 2 |
|
|
THIS AGREEMENT made this --------- day of
-------------------, 20-- |
|
|
BETWEEN
The Government of Prince Edward Island, as represented by
the Minister of Environment, Labour and Justice and Attorney General
(hereinafter called the "Minister")
AND
__________________________________________________
(hereinafter called the "Responsible Party") |
|
|
Voluntary Remediation Agreement
(pursuant to section 12 of the Petroleum Hydrocarbon
Remediation Regulations)
WHEREAS section 12 of the regulations authorizes the
Minister of Environment, Energy and Forestry to enter into a Voluntary Remediation Agreement
respecting a site for the purpose remediating petroleum hydrocarbon impacts in the
environment related to the site;
AND WHEREAS the Responsible Party has applied to enter into
a Voluntary Remediation Agreement with the Minister pursuant to subsection 13(1) of
the regulations;
AND WHEREAS the Responsible Party will undertake the
remediation, in accordance with the regulations and this agreement, of one or more sites
that contain petroleum hydrocarbons;
NOW THEREFORE in consideration of these premises and the
mutual covenants and agreements herein contained, the parties hereto agree as
follows:
Definitions
1. In this Agreement, the following definitions apply:
(a) "Responsible Party" means
(i) the owner of a storage tank system,
(ii) the person with the care and control of a storage tank
system,
(iii) the owner of the site on which a storage tank system
is located, or
(iv) a person acting on behalf of any person described in
subclauses (i) to (iii);
(b) "regulations" means the Petroleum Hydrocarbon
Remediation Regulations made under the
Environmental Protection Act;
(c) "site" means a site on which a petroleum hydrocarbons
are present, whether or not there is a petroleum storage tank system on the site.
Covenants of the Responsible Party
2. The Responsible Party shall
(a) undertake the remediation of all sites referred to in
the application in accordance with
(i) the application which is incorporated as part of this
Agreement, and
(ii) the regulations;
(b) determine the clean-up criteria for the sites referred
to in this Agreement using the current version of the risk based corrective action model;
(c) complete the site remediation in accordance with the
Remedial Action Plan submitted with the application and accepted by the Minister by the
following dates:
_______________________________ ___________________________
(d) upon completion of the Remedial Action Plan, submit to
the Minister for acceptance a record of site condition and a closure report by the
following date:
______________________
(e) accept the sole responsibility for compliance with all
Federal, Provincial and Municipal laws, regulations and bylaws that may have application to
the work being performed under this Agreement.
Covenants of the Minister
3. The Minister:
(a) subject to paragraph (b), shall not initiate an
enforcement action, including an administrative or judicial action against a Responsible
Party in respect of the petroleum hydrocarbons on a site that is the subject of a voluntary
remediation agreement and in the process of remediation in compliance with such agreement;
(b) may take any enforcement action it deems necessary if
this Agreement is terminated or rescinded, or if the Responsible Party does not successfully
implement the Agreement within the targeted time frames established in paragraph
2(c); and
(c) shall, pursuant to subsection 9(3) of the regulations,
provide a written notice to the Responsible Party within four weeks of receiving a closure
report and record of site condition indicating the acceptance or rejection of the
closure report and record of site condition.
Termination of Agreement
4. This Agreement may be terminated on 30 days written
notice to the other party
(a) by the Minister under subsection 14(1) of the
regulations if
(i) the ownership of a site referred to in this agreement
has changed,
(ii) a Responsible Party is not in compliance with, or is in
violation of, any of the terms of this Agreement; or
(b) by the Responsible Party under subsection 14(2) of the
regulations.
Freedom of Information and Protection of Privacy Act
5. The parties agree that any information that may be
contained in this Agreement may be subject to release under the Freedom of Information and
Protection of Privacy Act. The Minister will consult with the Responsible Party prior to
release of any information.
Indemnification
6. The Responsible Party shall indemnify and hold harmless
the Minister, the Government, its agents, representatives and employees from and against
all claims, demands, losses, costs, damages, actions, suits or proceedings of every
nature and kind whatsoever arising out of or resulting from the performance of work, provided
that any such claim is caused in whole or in part by any act, error or omission, including,
but not limited to, those of negligence, of the Responsible Party or anyone directly or
indirectly employed by the Responsible Party or anyone for whom the Responsible Party
may be liable.
General
7. The application (Voluntary Remediation Application
Number) ____, attached to this Agreement as schedule A and the remedial action plan
submitted with the application and as accepted or modified by the Minister, attached as
Schedule B, are incorporated into and form part of this Agreement.
8. This Agreement shall enure to the benefit of and be
binding upon the parties hereto and their executors, administrators, successors and assigns.
9. This Agreement shall be interpreted and applied in
accordance with the laws and in the courts of Prince Edward Island.
10. This Agreement expires upon the acceptance by the
Minister of the closure report and record of site condition submitted by the Responsible Party
pursuant to subsection 2(d) of this Agreement, unless it is sooner terminated or rescinded.
IN WITNESS WHEREOF
the parties thereto have executed
this Agreement as of the day and year above written.
|
SIGNED SEALED & DELIVERED ) |
) |
|
| in the presence of: |
) |
|
| |
) |
|
| |
) |
|
__________________________
Witness |
) |
|
| |
) |
Minister of Environment,
Energy and Forestry |
| |
) |
|
| |
) |
|
_________________________
Witness |
) |
______________________________
(name of person signing) |
| |
) |
on behalf of (name of Responsible Party) |
|
|
_______ |