contaminated sites legislation and policy
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CONTAMINATED SITES LEGISLATION AND POLICY. September 28, 2004 Vancouver, BC. AGENDA - MORNING. Introductory Remarks Charles Porter, Director, Environmental Management Branch Overview of Contaminated Sites Program Alan McCammon, Assistant Director, Contaminated Sites Program - PowerPoint PPT PresentationTRANSCRIPT
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CONTAMINATED SITESLEGISLATION AND POLICY
September 28, 2004
Vancouver, BC
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AGENDA - MORNING
Introductory RemarksCharles Porter, Director, Environmental Management Branch
Overview of Contaminated Sites ProgramAlan McCammon, Assistant Director, Contaminated Sites Program
Evolution of Contaminated Sites LegislationMike Macfarlane, Manager, Contaminated Sites Legislative Review
------------------------------------------------------------Review of Recent Legislation and Policy ChangesMike Macfarlane
Role of Approved ProfessionalsGlyn Fox, Head, Science and Standards, Contaminated Sites Program
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AGENDA - AFTERNOON
Introduction to Roster Steering Committee andScience Advisory BoardGlyn Fox
Development of a Framework for LicensedEnvironmental ProfessionalsAlan Walker, LEP Development Subcommittee
Science Advisory Board ProjectsPaul West, A/Chair Science Advisory Board
------------------------------------------------------------Future Work and Consultation OpportunitiesMike Macfarlane
Closing RemarksAlan McCammon
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Introductory Remarks
Charles PorterDirector, Environmental Management
Branch
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Overview of Contaminated Sites Program
Alan McCammonAssistant Director, Contaminated Sites
Program
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Provincial Responsibility for Contaminated Sites in BC
Regulation of Contaminated Sites Investigation and Clean Up
Management of contaminated provincial lands and Crown contaminated sites
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Assistant DirectorContaminated Sites Program
Alan McCammon
Site Investigationand Remediation
Doug Walton
Industry andGovernment Initiatives
Simon Shutter
Science andStandards
Glyn Fox
Legislation andFinance
John Ward
Operations andCompliance
Coleen Hackinen
DirectorEnvironmental Management Branch
Charles Porter
High Risk Sites
Casefile Review
Backlog Reduction
Site Profiles
Compliance Checking
Regional Presence
IndependentRemediation
Contaminated SoilRelocationAgreements
StandardsMaintenance& Development
Science AdvisoryBoard Liaison
Roster Liaison
External/InternalCommunications
Intra/Inter Govt.Liaison
Pollution Prevention
Site Registry
Site InformationRequests
Brownfields
Liability Review
Leg. Maintenance
Financial Admin
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Evolution of Contaminated Sites Legislation
Mike MacfarlaneManager, Contaminated Sites Legislative
Review
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Evolution of Legislation
Bill creating or amending a statute (act) is read three times and debated in Legislature
Bill receives royal assent from Lieutenant Governor
Regulations approved by Cabinet bring statute into force
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1997 1998 1999 2000 2001 2002 2003 2004 2005 2006
Stage 1 - July 19, 1999Added rostered experts, standardsfor petroleum hydrocarbons;removed aquatic life standardsfor Fe, Mn and Al
April 1, 1997Contaminated SitesRegulation in effect
April 1, 1997Contaminated Sites provisions ofWaste Management Act in force
October 21, 2003Environmental ManagementAct created from WasteManagement Act (Bill 57)
April 19, 2004Environmental Management
Act amended (Bill 13)
July 8, 2004EnvironmentalManagementAct in effect
RegulatoryMilestones
StatutoryMilestones
Stage 3 - December 1, 2003Fees amended allowing lumpsum and hourly rates
Stage 2 - February 2, 2002Allowed rostered experts to submitdeterminations, various numerical standardsrevised, added notice of off-site migration,streamlined site profile process
Stage 4 -July 8, 2004Updated authority to make regulations anddecisions, removed conditional certificates,renamed professional experts, moveddirector’s standards and criteria to regulation
May 6, 2002Waste Management Act amended(mines provisions, cost recovery,consequential amendments)
May 13, 2003Advisory PanelReport Issued
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Evolution of Legislation
• May 14, 2002 - Minister’s Advisory Panel appointed
• May 13, 2003 - Panel’s final report released
• May 12, 2003 – Bill 57 (EMA) passed first reading
• April 19, 2004 – Bill 13 (EMA amendments) passed
• July 8, 2004 – CSR amended bringing EMA into force
• Additional legislative and regulatory changes are
anticipated over the next 5 years
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Evolution of Legislation
Annotated Legislation
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Review of Recent Legislation and Policy Changes
Mike MacfarlaneManager, Contaminated Sites Legislative
Review
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Lieutenant Governor in Council(Cabinet)
MinisterWater, Land and Air Protection
DirectorEnvironmental Management Branch
Assistant DirectorContaminated Sites Program
Unit HeadsContaminated Sites Program
De
leg
ate
of
Statues (Bills)Regulations (Orders in Council)
Minister’s Regulations (Ministerial Orders)Minister’s Declaration
Director’s Interim StandardsProtocolsSite Profile DecisionsDeterminations, Approvals in Principle, Certificates of ComplianceInvestigation and Remediation OrdersIndependent Remediation Requirements
ProtocolsSite Profile DecisionsDeterminations, Approvals in Principle, Certificates of ComplianceInvestigation and Remediation OrdersIndependent Remediation Requirements
Site Profile DecisionsDeterminations, Approvals in Principle, Certificates of ComplianceInvestigation and Remediation OrdersIndependent Remediation Requirements
Recent Legislation and Policy Changes
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Recent Legislation and Policy Changes
• Elimination of further action if standards change– increased certainty for land owners and
operators
• Elimination of conditional certificates– Single instrument for numerical and risk-
based approaches
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“…an area of the land in which the soil or any groundwater lying beneath it, or the water or the underlying sediment, contains
(a) a hazardous waste, or(b) another prescribed substance
in quantities or concentrations exceeding prescribed risk based or numerical criteria or standards or conditions;”
Line break
A Contaminated Site is defined as…
Recent Legislation and Policy Changes
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Recent Legislation and Policy Changes
• Site Profiles– No legal changes
• Approved Professionals– New name for “rostered experts”
• Access to Lands– Can now be part of remediation order
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Recent Legislation and Policy Changes
• Regulation of Mining and Petroleum Sector– Mines and upstream oil industry– Separated provisions, developed MOUs
• Linkages to Hazardous Waste Regulation– Former Special Waste Regulation– Rules for the identification, registration, transportation
and management of hazardous waste
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Recent Legislation and Policy Changes
Director’sNonscheduled Toxic
Substances Standards
Director’sNonscheduled Toxic
Substances Standards
Director’sCriteria for Managing
Contaminated Sedimentin British Columbia
Director’sCriteria for Managing
Contaminated Sedimentin British Columbia
Contaminated Sites Regulation
Contaminated Sites Regulation
Schedule 10 — Generic Numerical Soil and Water Standards
Schedule 9 — Generic Numerical Sediment Criteria
Changes to Standards and Criteria…
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Recent Legislation and Policy Changes
Site-specific Factor
SOIL STANDARD FOR PROTECTION OF SITE-SPECIFIC FACTOR
Agricultural(AL)
Urban Park(PL)
Residential(RL)
Commercial(CL)
Industrial(IL)
Groundwater used for livestock watering
NS NS NS NS NS
Groundwater used for irrigation watering
NS NS NS NS NS
Matrix Soil Standards for Inorganic Mercury
Changes to Standards…
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Recent Legislation and Policy Changes
• Radioactive Substances removed from Regulation– Under Ministry of Health jurisdiction
• Substances categories rearranged– for consistency and clarity
Changes to Standards…
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Role of Approved Professionals
Dr. Glyn FoxHead, Science and Standards, Contaminated Sites
Program
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History of Roster of Approved Professionals
• Roster established in 1999
• Roster has processed 200 sites
• Number and scope of submissions has increased
• Roster membership has increased to 40
• 85-90% of roster members are practicing
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Transitional changes to Role of Approved Professionals
• Ministry responsibilities– Appointment to / removal from roster– Non-voting membership on RSC
• RSC responsibilities– Qualify/recommend candidates– Set/mark examinations– Performance assessments (audits)
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Transitional changes to Role of Approved Professionals
• Focus of performance assessments moving from disciplinary to educational– opportunity to meet performance assessors early in
the assessment process– increase transparency of performance assessments– random and targeted assessments– disciplinary action only where work is grossly
negligent or incompetent
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Transitional changes to Role of Approved Professionals
• Appointment period extended from 3 to 5 years
• Director appointed four risk assessment specialists
• Membership in College of Applied Biology meets eligibility requirement to join roster
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Backlog Reduction Policy
• For years Ministry has encouraged clients to use roster process
• Minister’s Service Plan sets performance target– “eliminate 95% of the backlog of non-high risk
applications by March 31, 2006”
• Effective November 1, 2004, low-moderate risk applications must use approved professionals
• Will allow Ministry staff to focus on high risk sites
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Introduction toRoster Steering Committee and
Science Advisory Board
Dr. Glyn FoxHead, Science and Standards, Contaminated Sites
Program
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Introduction to Roster Steering Committee and Science Advisory Board
ContaminatedSites
Program
ScienceAdvisory Board
Roster SteeringCommittee
LEPImplementationSubcommittee
Task GroupsStakeholder
Advisory Group
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Development of a Framework forLicensed Environmental
Professionals
Alan WalkerAlan Walker, LEP Development Subcommittee
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Science Advisory BoardProjects
Dr. Paul WestA/Chair, Science Advisory Board
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Future Work andConsultation Opportunities
Mike MacfarlaneManager, Contaminated Sites Legislative Review
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Future Work and Consultation Opportunities
• Improve Relationship between EMA and CSR– Flow of law from statute to regulation– Work already started eg determinations– Streamline regulation of treatment and discharges at
contaminated sites
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Future Work and Consultation Opportunities
• Changes to Standards– Apply consistent risk threshold– Review CCME derivation methods– Assess mandatory site-specific factors– New standards for wild land and multi-family
residences
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CSR Numerical Standards
Schedule 9 – Generic Numerical Sediment Criteria
Schedule 6 – Groundwater Standards
Schedule 5 – Soil Matrix Standards
Schedule 10 – Generic Numerical Soil and Water Standards
Schedule 4 – Generic Soil Standards
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Wildlands Use Scenario
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What RL Standards Contemplate
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What Most RL Site Are
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Future Work and Consultation Opportunities
• Site Investigation Triggers (Site Profiles)– Fall 2003 discussion paper on the conditions that
trigger the need for a site investigation in BC– Feedback from stakeholders indicated broad
spectrum of understanding of existing legislation– Further education and clarification of existing process
required– UBCM will assist with disseminating information to
local governments
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Future Work and Consultation Opportunities
• Site Classification, Investigation and Remediation Process– 2003 Discussion paper on site classification,
investigation and remediation process– Process to be further refined– Science Advisory Board will recommend tools to
support this process– Work on “Summary of Site Condition” started
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Future Work and Consultation Opportunities
• Brownfields Strategy– Ministry working with CCME on national brownfield
strategy– Co-ordinating efforts with the Ministry of Sustainable
Resource Management– EMA contains enabling provisions for a Land
Remediation Fund– Commissioned economic analysis of the brownfields
business case (Lime Kiln Inc., 2004)– Working with United States counterparts in the Pacific
North West
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Future Work and Consultation Opportunities
• Liability Review and Dispute Resolution– Exploring options for capping liability for approved
professionals– General review of the liability provisions in EMA to be
completed before April 2005
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Future Work and Consultation Opportunities
• Communication with Stakeholders– Workshops in other areas of province– Practitioner forum on Oct 6– Program web site– CS elink– Online discussion forum
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Closing Remarks
Alan McCammonAssistant Director, Contaminated Sites Program