With more than 500 successfully completed Phase I ESAs, including many since the 2011 Ontario Reg. (4) If the Director gives notice under clause (3) (a), the period of time for the purposes of subsection (1) shall commence on the date that the qualified person submits the revised risk assessment in accordance with the Director’s notice. For the legislative history of the Regulation, see the Table of Consolidated Regulations – Detailed Legislative History at www.e-Laws.gov.on.ca. 153 provides land owners with protection from future liability through a Record of Site condition(RSC), […] O.Reg 153/04 Technical Guidelines – Ontario’s Environmental Regulations In Ontario, the standard for the assessment and remediation (cleanup) of contaminated land or groundwater is set out in Ontario Regulation 153/04 (as amended, and known colloquially O. Reg. 153/04) contain new requirements for conducting environmental site assessments (ESA) for filing a Record of Site Condition (RSC). Further there is no mention to quality during the planning or implementation phases, just during the reporting of results. The Rules contain numerous references to measuring spot maximums and to at least four different averaging techniques, including allowing some soils to exceed the Standards. 153/04, s. 46 (3). Other property owners obtain Phase I ESAs in order to demonstrate commitment to reducing their environmental liability and increasing confidence in the condition of their site. The amendments to Ontario Regulation 153/04 (O. Reg. The Phase I ESA is a non-intrusive historical investigation which sheds light on past activities at and around the site, and may suggest certain areas of the site may be contaminated (Areas of Potential Environmental Concern (APECs)). 269/11) specifies what must be investigated in a Phase I ESA.
They focused on our specific goals and needs, and were very quick to respond to our requests. O.Reg.153/04 provided practitioners in Ontario with the specific requirements of a quality process to be developed, documented and followed from initial planning through implementation to final reporting. To be brief, practitioners must prepare reports sufficient in detail to demonstrate the work completed was appropriate and to support their opinions, findings and conclusions. Common practice is not standard practice, and the two should not be confused. AEL’s team helped us to manage environmental risk throughout a large infrastructure project in York Region. Implementation and Transition The amendments will come into force on July 1, 2011 (approximately 18 months) after the regulation is filed. Clarity of regulatory wording when communicating the soil property to be measured is required to acknowledge words with pre-existing definitions in mathematics: maximum and average. 5.
Other Improvements to O. Reg. For example, the Rules reference “professionally accepted soil collection methods”. O.Reg.153/04 provided practitioners in Ontario with the specific requirements of a quality process to be developed, documented and followed from initial planning through implementation to final reporting. The Ministry knows the impetus behind setting such detailed requirements in regulation versus guidance. Excess soil regulatory proposal and amendments to Record of Site Condition (Brownfields) Regulation. I suggest professional work also be defensible as both reasonable and prudent. For the legislative history of the Regulation, see the Table of Consolidated Regulations – Detailed Legislative History at www.e-Laws.gov.on.ca. From there, the. APECs are portions of the site which, due to past site use or historical activities, are likely to have some sort of environmental issue. I believe a new term, like “regulatory maximum” or “representative average” is required to remove confusion, and might lead to better practices in the future. Amending O. Reg. 153/04 Section 55). As a second example, practitioners do not measure the “maximum concentration”. 153/04, s. 1 (1). If the Rules are the “recipe”, the quality process is that ingredient which binds the others together. It is fair to require a practitioner to fully document all methods used and document the rationale for their use. 153/04 (Records of Site Condition — Part XV.1 of the Act) Note: Ontario Regulation 153/04 has previously been amended. It is my opinion that the current draft Rules have downplayed the role of quality and relegated it mostly to reporting laboratory QA/QC (a tiny fraction of what O.Reg. 153/04 to see the objective was “demonstrating decision-making was not affected”. AEL’s Phase I ESAs include: Using the information gathered in the historical search as well as through the site walkover, the QP to identifies whether there are areas of potential environmental concern (APECs). It was not until page 22, 3 1) x. that I found the singular reference to “report section 6, sub-heading (ix) in Table 1 to Schedule E of O. Reg. You can check available Ontario guidance for comparable mention but will not find anywhere near the level of specificity (if any) contained in O.Reg. Modernizing Ontario for People and Businesses Act, 2020, S.O.
PARRCC are set during planning, measured/monitored during implementation, and assessed as part of a data validation procedure during analysis and reporting. Contact us.
Excess soil regulatory proposal and amendments to…, https://www.ontario.ca/page/guide-completing-phase-two-environmental-si…. The Ministry knows the impetus behind setting such detailed requirements in regulation versus guidance. 153/04 remove unnecessary barriers associated with filing a Record of Site Condition. process (Schedule E Sections 30 – 41, and O. Reg. Agricultural or other use.
153/04 Other necessary technical amendments supporting implementation of the new legislation, including setting clear standards for quality of soil brought to brownfield properties. 153/04 requires). Analytical Protocol (O. Reg. O.Reg 153/04 Technical Guidelines – Ontario’s Environmental Regulations In Ontario, the standard for the assessment and remediation (cleanup) of contaminated land or groundwater is set out in Ontario Regulation 153/04 (as amended, and known colloquially O. Reg. O. Reg. 153/04. Audits and analyses of historical site activities and processes. 153/04.
AEL’s Phase I ESAs include: Detailed aerial photographs of the site and surrounding properties and land features, including historical photographs where available. APECs are portions of the site which, due to past site use or historical activities, may have some environmental issue which should be investigated further by completing testing of site materials through Phase II ESA. The Framework document refers to following scientific processes. Reg. These requirements come into effect for RSCs submitted as of July 1, 2011. In the “Proposed Excess Soil Management Policy Framework” document there was documentation of goals/principles and multi- jurisdictional reviews, but it appears several quality aspects mentioned in the Framework have not persisted through to the Rules. [https://www.ontario.ca/page/guide-completing-phase-two-environmental-si…].
For the cost of a Phase I ESA, check out our blog post, "How Much Does an ESA Cost?". Soil, Ground Water and Sediment Standards for Use Under Part XV.1 of the Environmental Protection Act Ministry of the Environment July 27, 2009 i This is the purpose of the Phase I ESA– to identify possible environmental issues. Data quality objectives are set to determine precision, accuracy, reproducibility, representativeness, and completeness for field data (i.e., relative percent difference (RPD), matrix spikes, matrix spike duplicates, data qualifiers, etc.)." The amendments to O. Reg. Current Ministry Phase 2 ESA guidance (current as of May 23, 2019) requires the “PARRCC” criteria (“comparable” is the other “C” sometimes added for better clarity): "Data quality objectives outline the overall level of uncertainty that a QP will accept in collecting field data in order to develop a CSM. Detailed records searches. Site characterization, beginning with a Phase I ESA, may be necessary as a condition of property sale, for financing from the bank, change in property use, or for many other reasons.
A Phase I Environmental Site Assessment (Phase I ESA) is an important first step in understanding the environmental history of a site. Regarding the role of quality, the Rules outline requirements for the Sampling and Analysis Plan starting on page 15. The approach is more common in the U.S. and much less familiar in Canada. 153/04 (Records of Site Condition — Part XV.1 of the Act) Note: Ontario Regulation 153/04 has previously been amended. Jeffrey Prime, Environmental Manager – Strabag International, 9 Questions To Ask Your Environmental Consultant. Maintain O.Reg.153/04 QUALITY PROCESS in the Soil Rules: Thank-you for the opportunity to comment on the draft “RULES FOR ON-SITE AND EXCESS SOIL MANAGEMENT” document (the “Rules”). 11 current statute July 21, 2020 – (e-Laws currency date) next results
Hopefully my comments shed insight on the joke: if you want 3 opinions, hire 2 geoscientists (or engineers). 269/11) specifies what must be investigated in a Phase I ESA. “Getting it right” is far more important than that and deserves being prominently featured (i.e., more words and up near the front). 153/04. Act [note: O. Reg. The Environmental Registry allows you to comment and share your thoughts on actions we take that could affect the environment. 153/04 include reduced requirements associated with filing a Record of Site Condition. Allowing the conversion of upper floors of certain low-rise commercial buildings (i.e., 6 storeys or … I am not aware of any published, widely-accepted documents in Ontario. Ontario Regulation 153/04 (Amended O. Reg. O.Reg.153/04 provided practitioners in Ontario with the specific requirements of a quality process to be developed, documented and followed from initial planning through implementation to final reporting. Their understanding of Ontario’s regulatory framework is exceptional. O. Reg. Any reference should be traceable back to its source. The data quality objectives for any field data collected during the phase two ESA must ensure that the decision making is not affected and the overall objectives of the investigation are met. “ dry cleaning equipment” means dry cleaning equipment as defined in Ontario Regulation 323/94 made under the . For an easy-to-understand guide on choosing an environmental engineering company for your site assessment project, download our 9 Questions To Ask Your Environmental Consultant. 153/04) March 9, 2004, amended as of July 1. Stakeholders (including tax-payers) may find it opens the door for even better professional practices to further improve cost-savings without compromising human-health or the environment. 2020, c. 18, Sched. throughout Ontario Regulation 153/04 to determine where these apply. Mandatory technical requirements were specified before quality was first mentioned.
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