Ministry of Municipal Affairs and HousingMinistère des Affaires municipales et du Logement

Ontario Brownfield Regulatory Update

ONEIA Brownfields/Remediation Forum

March 3, 2011

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Brownfield Framework

▪ Ontario is committed to facilitating brownfield redevelopment to both safeguard the health of Ontarians and provide economic opportunities.

▪ Brownfield redevelopment supports the provincial government’s direction, including intensification, employment and environmental protection under:

Growth Plan for the Greater Golden Horseshoe

Provincial Policy Statement.

▪ Remediation of brownfield sites is governed by the Environmental Protection Act and O. Reg 153/04.

O. Reg 153/04 was amended in December 2009.

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Brownfield Regulations - Overview

▪ Extensive consultations were undertaken starting in 2007 on amendments which affect four main areas:

1. New Phase I and Phase II Environmental Site Assessment (ESA) and Record of Site Condition (RSC) procedures more transparency and integrity.

2. New streamlined (tier 2) risk assessment timelier and more cost-effective alternative to meeting generic standards.

3. Updated soil and groundwater standards to reflect advances in science, approximately 120 chemicals were updated.

4. Variable standards for quality of soil brought to RSC properties.

▪ Most of the amendments will come into effect on July 1, 2011. ▪ Transition rules allow the use of existing standards (up to Jan 1, 2013)

for projects significantly underway prior to Jan 1, 2011.

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Proposed Further Amendments

▪ Proposed further amendments were posted to the EBR on Feb 25 (#11-2347).

▪ Reflects issues identified by stakeholders and ministry staff, including:

▪ Some issues could warrant regulatory amendments prior to July 1, 2011.

▪ Guidance and Qs and As would also be used to clarify some of these issues.

1. Standards Make improvements (e.g. sodium equivalent to chloride and PHC background standards) and correct errors

2. Approved Model

Correct errors and alignment with regulation

3. Wells Clarify intent of policy in relation to non-potable situations (ie dewatering wells)

4. PCA List Clarify intent of policy related to potentially contaminating activities (PCA) list

5. No soil on property

Clarify requirements where no soil remains following excavation or remediation

6. Arenas Apply appropriate standards and better align with similar occupancies

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Brownfield Regulations - Implementation

Next steps on implementation of the regulatory amendments include:

Preparation of Guidance

▪ The Ministry of the Environment (MOE) is preparing a series of Guidance documents, Technical Bulletins, Fact Sheets and FAQs.

▪ Guidance Document Review Reference Group.

Delivery of Education and Outreach: On track for July 1, 2011

▪ MOE, with the assistance of MAH, has held and attended several sessions targeting key organizations and sectors including Ministry staff, Qualified Persons, Site Developers, lenders, and municipalities and other governmental agencies.  

▪ These sessions are on-going and will continue through to July 1, 2011.  

▪ MAH is working with stakeholders to identify opportunities participate additional outreach.

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Other Provincial Activity

▪ MAH is developing Community Improvement Plan resources: Summary table of municipal CIP’s with brownfield

provisions – posted Feb 17 Trends Analysis document – in development Internet “Symposia” for municipal staff – in

development.

▪ Several PanAm Games sites are brownfields: West Don Lands Athletes Village, Scarborough

Aquatics Centre