The new Record of Site Condition Regulation, O. Reg. 153/04, is now in effect, as of 1 October 2004. The regulation requires that a Record of Site Condition (RSC) be filed for certain land use changes.  For example, a change of land use from Commercial/Industrial/Community to Residential/Parkland/Institutional will require submission of an RSC. Some municipalities may also require submission of an RSC for substantial property re-development where a change in land use is not intended.  The voluntary submission of an RSC will be permitted.

Soil, Groundwater and Sediment Standards

The new regulation has, with some exceptions, adopted the soil and groundwater cleanup criteria listed in the former Guideline for Use at Contaminated Sites in Ontario.  The new values are now standards and are listed in the Soil, Groundwater and Sediment Standards for Use Under Part XV.1 of the Environmental Protection Act. The standards for three categories of land use - Agricultural, Residential/Parkland/Institutional and Commercial/ Industrial/Community, are listed in Tables 1 - 5, as follows:

- Table 1: Full Depth Background Site Condition Standards.
- Table 2: Full Depth Generic Site Condition Standards in a Potable Ground Water Condition.
- Table 3: Full Depth Generic Site Condition Standards in a Non-Potable Ground Water Condition.
- Table 4: Stratified Site Condition Standards in a Potable Ground Water Condition.
- Table 5: Stratified Site Condition Standards in a Non-Potable Ground Water Condition.

One of the most significant changes is the implementation of groundwater and sediment standards in Table 1 which are applicable for any site that is classified as an "environmentally sensitive area" or a "shallow soil property". Soil standards in Table 1 have been adopted from Table F of the former Guideline for Use at Contaminated Sites in Ontario. Standards for determining whether a property is classified as a "Shallow Soil Property" are listed in Table 6.

The standards for Total Petroleum Hydrocarbons (TPH) have also changed.  Instead of the previous TPH (gas/diesel) and TPH (heavy oil) criteria, the regulation lists the values for the F1 - F4 fractions adopted by the Canadian Council of the Ministers of Environment (CCME).  The methodology for collection, handling and analysis of soil, groundwater and sediment samples is now documented in the MOE Protocol for Analytical Methods Used in the Assessment of Properties under Part XV.1 of the Environmental Protection Act.

Qualified Persons

The regulation specifies that work undertaken in preparation for and submission of an RSC must be completed by "Qualified Persons".  An extract of the regulation regarding qualified persons can be obtained here.  The definition of a qualified person is dependent on the nature of the work undertaken in preparation for and submission of the RSC, until 1 October 2006 when the MOE intends to revise the regulation concerning Qualified Persons.  Generally, qualified persons are defined as persons holding certification under listed professional associations and having the minimum experience listed in the regulation for the task being completed. The MOE has also committed to the establishment of a registry of Qualified Persons.

Assessment Requirements

The regulation defines the elements required for completion of Phase I and Phase II Environmental Site Assessments (ESAs).  Completion of Phase I and II ESAs in accordance with CSA Standards Z768/01, Phase I Environmental Site Assessment and Z769/00, Phase II Environmental Site Assessment, is necessary for compliance with this requirement.  Risk Assessments may also be undertaken in preparation for submission of an RSC.  The regulation has listed mandatory requirements for completion of risk assessments and preparation of risk assessment reports.

Contact DCS for more information on the regulation and services provided by DCS.

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