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Commissioner's Report to Planning Committee
Report No. 97-P-40
Date: March 18, 1997
SUBJECT
Decommissioning and Clean-up of Contaminated Sites, Files: 2.7.3.7 and 4.1.43
RECOMMENDATIONS
1. THAT Council endorse the proposed "Framework for Assessing the Potential
for Site Contamination and Requirements for Remediation in Site -Specific
Planning Applications," which is Attachment 1 to Commissioner's Report
97-P- 40;
2. THAT a copy of Commissioner's Report 97-P-40 be forwarded to the Area
Municipalities, the Urban Development Institute -Durham Chapter, and the
Ministry of Environment and Energy, for information.
REPORT
1. Purpose
1.1 The Ministry of Environment and Energy (M.O.E.E.) released a new
"Guideline for Use at Contaminated Sites in Ontario," in June 1996. The
guideline replaces the February 1989 "Guideline for the Decommissioning and
Cleanup of Sites in Ontario", and has the effect of setting new rules for site
clean-up, and a reduced role for the Ministry in the process.
1.2 The purpose of this report is to seek Council's endorsement of the
"Framework for Assessing the Potential for Site Contamination and
Requirements for Remediation in Site -Specific Planning Applications," which
is Attachment 1. This framework is recommended as a means to ensure that
contaminated sites for which development applications are received are
identified and appropriately cleaned up through the planning process. The
report also provides an overview of the new provincial guideline.
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Commissioner's Report No. 97-P-40 Page 2
2. New Role for Approval Authorities in the Planning Process
2.1 Traditionally, the M.O.E.E. has assessed the potential for contamination on a
development site. In addition, the Ministry reviewed and approved
decommissioning plans, and final clean-up reports. To do so, the Ministry
followed the previous February 1989 guidelines.
2.2 The major features of the new guideline, released in June 1996, which differ
from guidelines published in July 1992 and February 1989 are:
• there are now three approaches for site remediation: generic,
background, and site-specific risk assessment (under the previous
guideline, there was only the generic approach);
• there are new rules for obtaining public input and public communication
on site remediation strategies; and
• there is a reduced role for the Province in certifying that a site has been
cleaned up and is suitable for the proposed land use.
2.3 Although the Region did not assume responsibility for assessing
decommissioning reports under the Provincial Delegation of Review, the
Province has taken the position that this is a site-specific planning issue, and
a regional responsibility. As a result, M.O.E.E. will no longer provide technical
advice to the Region. The implication of their withdrawal is that the Region
can no longer expect advice from the Ministry on the presence of
contamination of a site, the acceptability of remedial work plans, or the
suitability of a remediated site for a new land use. The Region must find an
alternate method of obtaining this information, if it wishes to make decisions
on planning applications.
2.4 As an Approval Authority, the Region has a responsibility under Section 2 of
the Planning Act, "to have regard to" matters of provincial interest including
"the protection of public health and safety." Policy 3.2.2 of the Provincial
Policy Statements expresses a clear expectation that municipalities will
ensure that a contaminated site is restored and made suitable for a proposed
use. Section 9 of the new guidelines make several references to the role of
municipalities in addressing site contamination when considering land use
changes.
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Commissioner's Report No. 97-P-40
Page 3
2.5 While the Planning Act and the new Guidelines obligate the Region to have
regard to the remediation of contaminated properties, the Region is not
obligated to follow any specific procedure to ensure that contaminated sites
are identified and restored. The Region has the discretion to decide what it
will require from a landowner to confirm that the environmental condition of
the property is suitable for the proposed use. In the absence of a detailed
process, it is necessary to establish a framework for assessing potential
contamination and verifying that a site has been cleaned up.
2.6 The proposed framework, which is Attachment 1, satisfies the Region's
statutory duty "to have regard for" provincial interests as expressed in the
Planning Act and the Provincial Policy Statements. It also satisfies the
expectations of the public and the Province regarding the Region's role as an
Approval Authority, in protecting public health and safety.
3. Managino Risk
3.1 Section 331.3 of the Municipal Act protects municipalities from liability for
negligence, if a policy decision is made to take, or conversely, to refrain from
taking any actions to address site contamination. The Region has the
discretion to decide to refrain from taking any action on site contamination, but
such a decision would conflict with its obligations as an Approval Authority, as
expressed in the Planning Act and the Provincial Policy Statements.
3.2 If the Region decides to address site contamination in the planning process,
then it must exercise "due care". A clearly established framework provides the
basis for the Region to ensure that it achieves the necessary standard of care.
4. Proposed Regional Framework
4.1 The proposed "Framework for Assessing the Potential for Site Contamination
and Requirements for Remediation in Planning Applications" is divided into
three steps:
• Identification of Potentially Contaminated Sites;
• Assessing Detailed Site Assessments and Remedial Work Plans; and
• Finalization of Clean-up.
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Commissioner's Report No. 97-P-40
Page 4
4.2 Step 1 requires the applicant to provide information prepared by a qualified
engineer that addresses the potential for site contamination. Step 2 applies
where site contamination is a possibility. The applicant must submit a detailed
site assessment and remedial work plan, based on the Generic or
Background Approach, prepared by a qualified engineer. These two
approaches are described in Section 5 of this report.
4.3 The detailed site assessment and remedial work plan submitted in Step 2 will
be reviewed under a Peer Review process, at the cost of the applicant, to
ensure that the applicant's consultant has adequately characterized the extent
of contamination, and that the remedial work plan is appropriate. The Peer
Review process can be administered either by the Region or by the Area
Municipality.
4.4 Step 3 is the finalization of the clean-up process. The Region will require the
submission of a "Record of Site Condition" (see Appendix B to Attachment 1)
signed by the owner and a qualified engineer, which has been designed by
the Ministry to confirm that a site is suitable for the proposed use.
5. Approaches to Site Decommissioning
5.1 Under the new M.O.E.E. guidelines, there are now three approaches to site
remediation or decommissioning.
5.2 Generic Approach: This approach is essentially the same approach as was
permitted under the previous decommissioning guidelines. Soil and
groundwater conditions must be restored to chemical parameters or criteria
established by the Province. These parameters were developed to provide
protection against adverse effects of contaminants to human health,
ecological health and natural environment.
5.3 Background Approach: The soil and groundwater criteria used in this
approach represent approximate "background" or "ambient" soil conditions
across the Province. These parameters were established by the Province
through a series of province -wide sampling of parks which were unaffected by
point sources of pollution. The guideline also describes a process for
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Commissioner's Report No. 97-P-40
Page 5
consultants to establish background levels in the surrounding community,
which should better reflect local conditions.
5.4 Site -Specific Risk Assessment Approach: This approach does not involve
the restoration of a site based on established soil and groundwater quality
criteria. The consultant must assess the risk posed to humans, plants, wildlife
and the natural environment, by exposure to the contaminants. Based on the
levels of risk, the consultant may recommend the clean-up of the site, or
engineered measures to manage, control the movement of, or reduce the
concentrations of the contaminants over time. This may result in the retention
of contaminants on a site. It is the responsibility of the consultant to outline
the monitoring and maintenance required for the site in a risk management
plan, including who should be responsible for these functions. This approach
is intended to offer alternatives to excavation and off-site disposal of
contaminants as methods to ensure that provincially -established soil quality
guidelines can be achieved.
5.5 The Site Specific Risk Assessment approach raises several legal concerns.
At this stage, it is uncertain how the Region's potential for liability would be
affected if solutions such as engineered controls, or retaining contaminants on
a site, were proposed in an application which required Regional approval.
The use of this approach also requires an understanding of the science of
toxicology and a familiarity with health and ecologically -based risk
management. The Region currently does not have experience in applying
these scientific practises to planning applications.
5.6 Due to these concerns, further investigation will be undertaken on the
planning, legal, health and financial implications of the Site -Specific Risk
Assessment approach to site remediation. Until such an investigation is
completed, the Region will not be in a position to consider applications where
this approach is proposed.
6. Consultation on the Framework and Subsequent Actions
6.1 Letters were sent to the Area Municipal Planning Directors in October 1996
outlining a proposed approach to identifying potentially contaminated sites
and site decommissioning. Comments were received from the City of
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Commissioner's Report No. 97-P-40
Page 6
Oshawa, the Town of Whitby, the Municipality of Clarington, the Town of
Pickering and the Township of Scugog, who supported this initiative. A letter
was also sent to the President of the Durham Chapter of the Urban
Development Institute (U.D.I.) requesting comments on the framework.
6.2 Comments from the various municipalities and the U.D.I.-Durham Chapter are
summarized in Attachment 2. The recommended policy addresses the cost,
administration and timing concerns identified by the area municipalities and
the U.D.I. in the initial consultation.
6.3 The U.D.I.-Durham Chapter has advised that the recommended framework is
generally agreeable, and that they are interested in continuing a working
relationship with the Region on this issue (refer to Attachment 3). Additional
input from U.D.I. and the area municipalities will be valuable during further
research of the Site Specific Risk Assessment Approach.
6.4 The framework was reviewed by M.O.E.E. staff who advised that it is
consistent with the Guideline (refer to Attachment 4).
6.5 The contents of this report have been reviewed by the Works, Health, Legal
and Finance Departments who support the due diligence approach to the
issue of site contamination.
7. Conclusions
7.1 The proposed "Framework to Assessing the Potential for Site Contamination
and Requirements for Remediation in Site -Specific Planning Applications" will
ensure that the Region will continue to be able to evaluate development
applications, without input from the Ministry of Environment and Energy.
7.2 The proposed process manages risk by screening all applications for the
potential of site contamination. Remedial work plans are carefully examined
to ensure that they are appropriate for the proposed land use. The process
relies on conservative targets and clean-up methods that are based on
provincially -established standards.
33
Commissioner's Report No. 97-P-40 Page 7
7.3 Staff will monitor the approaches of other municipalities, and seek to develop
common standards. 1 _
A.L.or ie I .C.I.P., R.P.P.
Commis o 'er of Planning
Attachments: 1 - Framework for Assessing the Potential for Site Contamination
and Requirements for Remediation in Planning Applications
2- Comments from the Area Municipalities and the Urban
. Development Institute on the Proposed Policy
3- Letter from Mr. K. Whalen, Chair, Urban Development Institute -
Durham Chapter, February 3, 1997.
4- Letter from Ms. S. Hirji, Assistant Director's Office, M.O.E.E.,
Central Region, April 11, 1997.
RASIMCMCONTSITE.RE4
34
Attachment 1
Framework for Assessing the Potential for Site Contamination and
Requirements for Remediation in Site -Specific Planning Applications
1. Identification of Potentially Contaminated Sites
When an applicant submits an application for:
• a site-specific Regional Official Plan Amendment;
• a Plan of Subdivision or Condominium; or
• approval of a site-specific Local Official Plan Amendment',
The applicant must submit either: a) Phase 1 Environmental Site Assessment; or
b) Site Screening Questionnaire.
A Phase 1 Environmental Site Assessment is a process for evaluating the potential
for the existence of site contamination. The components of a Phase I assessment
are: a records review, a site visit, interviews, and an evaluation of information and
reporting. Both the Canadian Standards Association and the Consulting Engineers
of Ontario have produced documents to guide the preparation of a Phase 1
assessment.
The Region's Site Screening Questionnaire is attached as Appendix A. The purpose
of this questionnaire is to review the indicators of potential site contamination to
determine the need for further investigation. This Questionnaire must be completed
by applicants and their consulting engineers.
For Land Division applications, the Site Screening Questionnaire will be required, but
it is only necessary for the applicant to complete the form.
'It is preferable that the issue of site contamination be addressed prior to the
adoption of an Official Plan Amendment by an Area Municipality. If this has been done,
assessment of site contamination at the approval stage should not be required.
35
If the assessment indicates potential contamination, then a detailed site assessment
must be submitted. The detailed assessment should be prepared in accordance with
M.O.E.E. Guidelines.
2. Assessing Detailed Site Assessments and Remedial Work Plans
Where the potential for site contamination has been established, the applicant will be
required to submit a Phase 2 Environmental Site Assessment (Detailed Site
Investigation and Sampling). If soil and/or groundwater samples exceed Provincial
parameters, the applicant will be required to submit a Proposed Remedial Work
Plan, with the Phase 2 report.
When a detailed site assessment is submitted, due to a determination that a site may
be contaminated, the detailed report should be subject to a Peer Review by another
qualified consultant.
The Phase 2 report and Remedial Work Plan will be subject to a Peer Review by
another qualified consultant, at the cost of the applicant. This process will be
coordinated either by the Region or by the Area Municipality. Both the Area
Municipality and the Region should be involved in the development of the Terms of
Reference for the Peer Review. The purpose of the Peer Review is to assess if the
consultant has adequately characterized the extent of contamination, and to
comment on the appropriateness of the decommissioning plan.
Once the Peer Review has determined that the Phase 2 report and Remedial Work
Plan are adequate, applications can proceed to approval in principle (i.e., draft
approval, or approval of an Official Plan Amendment). This approval will be subject
to the inclusion of policies or conditions requiring the implementation of the Peer
Reviewed Remedial Work Plan, and the submission of a "Record of Site Condition,"
prior to final approval, or before development can proceed.
Where a Remedial Work Plan involves the removal of contaminated materials from a
site, the applicant's consultant will be requested to provide copies of tipping
documents which confirm that the materials were taken to a licensed receiver of
hazardous waste.
W1
Finalization of Clean -Up
A "Record of Site Condition," signed by a qualified engineer, in accordance with the
new M.O.E.E. Guidelines, will be accepted as sufficient proof of the completion of a
decommissioning plan, including verification sampling. This document has been
designed by the Ministry of Environment and Energy to provide information on the
completion of a remedial work plan and the suitability of a site for the proposed use.
The Record will not be subject to further review, if it clearly states that the site is
suitable for the proposed use.
The applicants will be responsible for satisfying any additional requirements of the
Area Municipality.
37
Appendix A to Attachment 1
SITE SCREENING QUESTIONNAIRE
For Development Applications
This form must be completed for all development applications where a Phase 1
Environmental Site Assessment in accordance with the Ministry of Environment and
Energy's Guideline for Use at Contaminated Sites in Ontario is not provided to the Region
of Durham.
Location of Subject Lands:
Lot(s):
Former Township:
Concession:
Municipality:
Is the application on lands or adjacent to lands that were previously used for the
following:
a) Industrial uses? Yes No
b) Commercial uses where there is a potential for site contamination, e.g., a gas
station or a dry-cleaning plant?
Yes No
c) Lands where filling has occurred? Yes _ No
d) Lands where there may have been underground storage tanks or buried
waste on the property?
Yes No
e) Lands that have been used as an orchard, and where cyanide products may
have been used as pesticides? Yes No
f) Lands or adjacent to lands that have been used as a weapons firing range?
Yes _ No _
Is the nearest boundary of the application within 500 metres (1,640 feet) of the fill
area of an operating or fcrmer landfill or dump?
Yes No
If there are existing or previously existing buildings, are there any building
materials remaining on the site which are potentially hazardous to public health
(e.g., asbestos, PCB's etc.)?
Yes No
Is there any other reason to believe that the lands may have been contaminated
based on previous land use?
Yes No
38
If the answer to any of Questions 1 through 4 was Yes, a Phase 1 and 2
Environmental Site Assessment, in accordance with the Ministry of Environment
and Energy's Guideline for Use at Contaminated Sites in Ontario, is required.
Please submit two copies with your application.
5. Has an Environmental Site Assessment been prepared for this site within the last
5 years, or is an Environmental Site Assessment currently being prepared for this
site?
Yes _ No— (if Yes, please submit two copies of the
Phase 1 Assessment with the
application).
Declaration: (This form must be completed, signed and stamped by a
Professional Engineer, and by the Property Owner).
To the best of my knowledge, the information provided in this questionnaire is true, and I
do not have any reason to believe that the subject site is contaminated.
Consulting Engineer
Name (Please Print)
Name of Firm:
Address:
Telephone:
Date:
Property Owner, or Authorized Officer:
Name (Please Print)
Name of Company (if Applicable):
Title of Authorized Officer:
Address:
Telephone:
Date:
39
Signature
Fax:
Signature
Fax:
Appendix B to attachment I
Schedule A — Record of Site Condition
for the 'Guideline for Use at Contaminated Sites in Ontario', July 1996 (Guideline)
Part 1: Property ownership
Section 167 of the Environmental Protection Act (R.S.O. 1990) states: "No person shall hinder or obstruct a
provincial officer in the lawful performance of his or her duties or furnish a provincial officer with false
information or refuse to furnish the provincial officer with information required for the purposes of this Act and
the regulations."
To:
insert name of Provincial Officer
insert name of District Office
insert address of local MOEE office
From:
Name of property owner'
Insert municipal address
Legal description of property
including plot plan number -
assessment roll number, etc.
A Certificate of Status and a certified copy of the most recent deed/transfer for the property must accompany this Record of Site
Condition
Part 2: List of reports
This is to certify that information pertaining to the noted property, as outlined in the following reports, has been
prepared and/or reviewed by a consultant retained by the owner.
REPORT TrLE REPORT AtfrHOR(S) COMPANY DATE
Is there an additional list of consultant reports attached to this Record of Site Condition? (Do not include reports)
❑ Yes ° No
A60
40
Schedule A — Record of Site Condition
fw the'Ovideli. for n.e u C"m i.W Sifte. M.y 19%(Gwddin )
Part 3: Summary of site conditions
Is this a potentially sensitive site?
Has there been any restoration of the site?
Approach used:
❑ Background ❑ Full depth
❑ Stratified
The site consists of material which is
❑ Yes ❑ No
❑ Yes ❑ No
❑ Site specific risk assessment
(complete Part 4)
❑ coarse textured ❑ fine textured
The site is suitable for the following use(s) as outlined in this guideline:
Land: ❑ Agricultural Groundwater:
❑ Residential/Parkland
❑ Industrial/Commercial
❑ Sensitive use Was the municipality
notified?
Part 4: Summary of risk management measures
❑ Level I
❑ Level
❑ Potable
❑ Nonpotable
❑ Yes
❑ No
Provide a summary of any risk management measures and/or engineered controls which have been designed and
implemented to allow reuse of the site.
Was public consultation undertaken as part of the risk assessment/risk management process?
❑ Yes ❑ No
Is an agreement outlining respective responsibilities of the proponent and municipality required?
❑ Yes ❑ No
Is there additional information on the risk management measures used attached to this Record of Site Condition?
(Do not include reports)
❑ Yes ❑ No
A61
4I
Schedule A — Record of Site Condition
for the "Guideline for Use at Contaminated Sites% May 1996 (Guideline)
Part 5: Final site profile '
Chemical name I MaximumI Guideline limit or I Sample location with
concentration found upper concentration 1 bore hole number;
on site' limit'' sample depth
soil
' attach plan view of the site showing locations of bore holes, sample sites and risk management measures.
' soil concentrations should be reported in pg/g and groundwater concentrations should be reported in µP -LL.
3 upper concentration limit to be listed if the site specific risk assessment approach was used, otherwise the
A62
42
Schedule A — Record of Site Condition
for the "Guidelim for Use at Contaminated Sites", May 1996 (Guideline)
Part 6: Affidavit of consultant
I [Name of
in
Of the Municipality of _
, MAKE OATH AND SAY AS FOLLOWS:
L 1 am the (nosition/title) of (frinkompany)
and have personal knowledge of the matters set out below.
2. 1 (or name of firm/compaliv) was retained or employed as
the principal consultant to undertake or supervise the assessment and, if necessary, the restoration of
[proKEty address) ("property").
3. 1 am/am not (delete that which does not =pW employed or retained by the owner of the property or
company operating on the property in any other capacity.
4. 1 had the expertise required to perform these services. The details of my expertise and the expertise of those
subcontractors who performed services at the property are set out in the report(s) noted in Part 2 of the
Record of Site Condition.
5. All subcontractors employed in the assessment and restoration of the propgdy (strike out and initial Kno
restoration was undertaken at the nrotgm) warranted to me that they possessed the expertise required to
perform the services for which they were employed and carried out.
6. The assessment activities and restoration activities (ctr& out and initial ifno restoration wm utidertaken at
the property) at the property requiring the application of scientific principles have been undertaken or
supervised by a natural scientist qualified to perform such services.
7. The assessment activities and restoration activities (Strike our and initial jfno restoration was underra
the nr_ ooeM at the property requiring the application of engineering principles have been undertaken or
supervised by an engineer qualified to perform such services.
8. The assessment activities and restoration activities WE& out and initial if no restoration w s undertaken ar
the or�pertvl at the property has been completed in accordance with the MOEE "Guideline for Use at
Contaminated Sites", May 1996, for the uses set out in Part 3 of the Record of Site Condition and the
Property meets the criteria set out in the Guideline for that use.
9. 1 have prepared and/or reviewed the report(s) identified in Part 2 of the Record of Site Condition and am not
aware of any soil, ground water or sediment contamination on or within the property which would interfere
with its safe use for the categories set. out in Part 3 in the Record of Site Condition.
10. The site specific risk assessment (SSRA) was reviewed by an independent consultant who warranted to me
that they possessed the expertise required to perform such review. (strike out and initial if no SSRA was
undertaken at the property)
11. I acknowledge that public authorities and future owners, occupants and others may rely on this statement.
SWORN BEFORE ME at the
in the , this —day of
A Commissioner, etc.
A64
13
of
Attachment 2
Comments from the Area Municipalities and the Urban Development
Institute on the Proposed Policy
I Issue: I Resolution: I
Requiring a Phase 1 Site Assessment
for All Applications:
The UDI, the Town of Pickering, the City of
Oshawa, and the Township of Scugog
suggested that a Phase 1 report should
not be required for every application. UDI
recommended a site -screening process for
all applications, which would trigger the
need for a Phase 1 study only where
warranted.
Cost of a Peer Review
UDI expressed a concern regarding the
cost of Peer Reviews, and the fact that this
may be duplicating the work of the
applicant's consultant.
Region's involvement in Rezoning and
Site Plan Applications
The Town of Pickering and Municipality of
Clarington requested clarification of the
Region's role in local planning applications
such as Rezoning and Site Plan Approval.
Administration of Peer Review at a
Local Level
The City of Oshawa wanted any Peer
Review to be administered at the Area
Municipal level.
Timing of the Peer Review and Clean -
Up Implementation?
Both the Town of Whitby and the City of
Oshawa emphasized that the Peer Review
should be done as early in the planning
process as possible, preferably before
adoption of a local amendment. The
actual clean-up plan should be a condition
of draft approval or site plan approval, later
in the process.
45
The proposed Regional framework now
incorporates a Site -Screening Questionnaire as
part of the process to determine the potential
that a site may be contaminated. This
questionnaire is an option to the submission of
a Phase 1 report.
The purpose of the Peer Review is to protect
the public interest, and to provide sufficient
expert analysis for Council to make an informed
decision on planning applications. The cost of
Peer Reviews will be controlled by having a
scoped Terms of Reference which can be
developed in consultation with the development
industry.
The policy was not intended to apply to planning
applications which are not approved by the
Region. However, the process could easily be
adapted by the area municipalities for use on
their applications. The Region will provide
assistance, on an as requested basis, to the
area municipalities. It is preferable that they
use a similar approach, as it sets a "standard of
care" within the Region that is manageable and
defensible.
The recommended framework allows for the
administration of the Peer Review by either the
Region or the Area Municipality. Both
municipalities should participate in the
development of a Terms of Reference for the
Peer Review to ensure that each municipality's
requirements are addressed.
The recommended framework includes further
explanation of when in the process that the
Peer Review and the Record of Site Condition
are required. Staff concur with these
recommendations of the area municipalities.
Attachment 3
j �T Urban Development Institute / Ontario
`9� Durham Chapter
February 3, 1997
Mr. Jim Blair, MCIP, RPP
Director, Current Operations Branch
Regional Municipality of Durham Planning Department
1615 Dundas Street East, 4th Floor Lang Tower
Whitby, Ontario
LIN 6A3
Dear Sir,
Re: Request for Comments
Identification of Potentially Contaminated Sites
and Site Decommissionin
Further to your letter of January 22, 1997 in which you had provided UDI - Durham with
a copy of the revised proposal for dealing with potentially contaminated sites, we have
circulated the proposal to a number of members and have not received any further
comments.
Therefore, we advise that the revised structure seems generally agreeable with our
members and we are willing to proceed under your proposed terms where such conditions
are applicable. As the proposal is put into practice, there may be some opportunity for
comment and possible changes as experience dictates.
Once again, UDI Durham appreciates having the opportunity to make these comments and
on any future occasions.
Yours very truly,
Kelvin Whalen
Chair, Durham Chapter
DURHAM
FIEECEIVED
��881
Corrin, SS:
_ OF
46
2025 SHEPPARD AVENUE EAST, SUITE 2208 WILLOWDALE ONTARIO M2J 1 V6 (416) 498-9121
FAX (416) 498-6356
MAR 11
p Ontario
Ministry of
Environment
and Energy
Central Region
March 11, 1997
Ministore de
I'Environnement
et de Vnergie
R69ion du Centre
5775 Yonge Street
6th Floor
North York, Ontario
M2M 4.11
(416) 326-6700
The Regional Municipality of Durham, Planning Department
Box 623
1615 Dundas Street E.,4th Floor, Lang Tower
West Building
Whitby, Ontario
LIN 6A3
Attn: Stephen Willis
Attachment 4
5775, rue Yonge
aieme stage
North York (Ontario)
M2M 4J1
Fax (416) 325-6345
Dear Mr. Willis:
In response to your letter dated March 3, 1997 to Mr. Paul Nieweglowski, I have conducted a cursory
review of your attached "Policy for Assessing the Potential for Site Contamination and Requirements
for Remediation in Planning Applications" and have the following comments to offer:
I. The development and implementation of the attached policy is positive and consistent with
Section 9 of the "Guideline For Use At Contaminated Sites In Ontario" (guideline) dated
February 1997. Section 9 outlines the role of the planning authority in the site remediation
process.
2. Much of the information contained in the policy is specific Regional procedure and practice, and
therefore cannot be commented on however, I would like to suggest that the reference to "clean
up plan" be reworded to "remedial work plan" to be compatible with the guideline.
3. Lastly, the requirement and usage of the Record of Site Condition in the "Finalization of Clean-
up" section is consistent with the intent and direction of the guideline.
I hope these comments provide you with the .direction you need. Should you have any questions
pertaining to these comments provided, please me at (416) 326-5777.
Yours truly,
S
do rn\dorham. In
47
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