Jonathan Fernandes, Ministry of Environment ON - Canadian ...

Canadian Brownfields 2012
Risk Management Measures Workshop
October 4, 2012
Niagara Falls, Ontario
1

Purpose
• To provide an overview of how the Ministry
establishes and enforces Risk Management
measures:
• Process for developing Risk Management Measures;
• Intent of the Certificate of Property Use (CPU);
• Compliance with Certificate of Property Use.
2

Developing
Risk Management Measures
• RMMs are proposed by a proponent at the time of the Risk Assessment
(RA) submission;
• While the RA is reviewed by Standards Development Branch, the RMMs
are reviewed and commented on by the District Engineer;
• Schedule C of O.Reg 153/04 details the legal requirements for RA’s;
• Table 1, Section 7. specifically detail the legal requirements of the Risk
Management Measures;
• Some abatement activities can also be addressed through the RMMs and
the CPU. (i.e. on site barriers to prevent future off site migration of
contaminants, pump and treat systems)
3

Developing
Risk Management Measures
• After the RA is complete, District Engineer verifies the RMMs and develops
the CPU;
• The District Engineer verifies that the RMMs are supportive of the RA
findings (ie. ensure exposure pathways are blocked through RMMs);
• The project design to meet engineering specifications are also reviewed;
• Consultation with the District Office (District Engineer);
• The Ministry has internal business process in place for development and
issuance of CPU (including posting of the CPU on the Environmental Bill of
Rights Registry).
4

CPUs are:
Intent of the
Certificate of Property Use
• For sites that require risk management measures (RMMs) to be
implemented in support of the RA;
• Are the only legal document (control document) that can be issued to
enforce the RMMs;
• Issued by the local District Office by the appointed Director (District
Manager);
• Can include development of Soil Management Plans and Financial
Assurance;
• Are a Class II instrument under the Environmental Bill of Rights and require
30-45 days posting for public consultation (Tier 3 only);
• May also require a Certificate of Requirement to be registered on title of the
property to provide anyone dealing with the property notification of the CPU.
5

Compliance with the Certificate of
Property Use
• A CPU is a legally binding control document;
• Compliance is undertaken by the District/Area offices of the MOE
across the province;
• A formal inspection program was initiated in 2011/2012 to
standardize the inspection form to ensure consistency;
• There are approximately 128 CPUs issued (March 2012) since
Ontario Regulation 153/04 came into force;
• Once a CPU is issued it may take a number of years before the
development is complete and the RMMS have been implemented or
constructed.
6

Compliance with the Certificate of
Property Use
• The MOE inspection focuses on:
• General property information;
• Site ownership;
• Ensuring that the owner is aware of their legal obligations in the CPU (especially
if there is a change in ownership);
• Annually reporting;
• Monitoring/maintenance and retention of records;
• Part 4 which contain the Directors Requirements and the Risk Management
Measures.
• The inspection also reviews whether the conditions are still required
and need to be maintained.
• For any non-compliance identified, the Ministry will take appropriate
follow-up abatement actions to bring the site into compliance with
the CPU requirements.
7

Discussion
• Are they’re any issues or concerns with
the content of the CPU??
• What are the challenges or obstacles in
meeting the requirements of the CPU?
• Is there any particular guidance needed to
meet the expectations of the MOE??
8