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Soil Protection and Contaminated Sites Rehabilitation Policy
Please note that the 1998
Soil Protection and
Contaminated Sites
Rehabilitation Policy is
being revised.
If required, you may contact
the Ministère’s Service des
lieux contaminés et des
matières dangereuses (Contaminated
sites and hazardous
materials department) at
418-521-3950.
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6.3 Contaminated Sites With an Obvious Impact on Human
Health, Wildlife,
Flora, the Environment or Property
6.3.1 Targeted Sites
6.3.2 Approach
6.3.2.1 Emergency Response
6.3.2.2 Knowledge of the Condition of the Site
6.3.2.3 Impact and Risk Assessment
6.3.2.4 Impact and Risk Management
6.3.2.5 Owner Commitments
6. 4 Sites Most Likely to Have an Impact or Constitute Significant
Risk:
the Active Industrial Sites Intervention Program
6.4.1 Target Sites
6.4.2 Approach
6.4.2.1 Knowledge
6.4.2.2 Impact and Risk Assessment
6.4.2.3 Impact and Risk Management
6.4.2.4 Owner Commitments
6.4.2.5 Voluntary Rehabilitation
6.4.3 Work Schedule
6.4.4 Link to Existing Programs
6.5 Other Contaminated Sites
6.6 Responses in Natural or Nordic Environment
Figure 4: Flowchart for Action on Contaminated Sites That Have an Impact on
Human Health, Wildlife, Flora, the Environment or Property
Figure 5: Active Industrial Sites Intervention Program
Hazardous Waste Disposal Sites
Replacement and Dismantling of Underground Tanks
That Have Contained Petroleum Products
Mining Sites
6.3 Contaminated Sites With an Obvious Impact on
Human Health, Wildlife, Flora, the Environment or Property
Even if they are not the subject of any reuse project, certain contaminated
sites may have an impact on human health, wildlife, flora, the environment or
property. These sites must have work carried out to quickly end the impacts and
reduce risk to an insignificant level.
6.3.1 Targeted Sites
Targeted sites are those that have an obvious impact, that is, that present
visible or measured impacts such as problems with human health, measured
contamination in drinking water sources, the presence of suspended phases of
hydrocarbons in groundwater or surface water or odours, withering of vegetation,
death of fish, etc.
6.3.2 Approach
The approach begins with an impact report. It is made up of five stages,
one stage having been added to the general approach because of the urgent need
to take action.
6.3.2.1 Emergency Intervention
Once the impact is detected, the owner of the site or the person
responsible for the contamination must immediately take the measures needed to
eliminate the contamination source, remove or replace the defective equipment,
recover the loose material and limit as much as possible the encroachment of
the contamination on neighbouring sites. In accordance with Section 21 of the Environment
Quality Act, the person responsible for the accidental presence in the
environment of a contaminant targeted in Section 20 must immediately notify
the MEF office in the region affected. When the MEF considers that there is an
emergency, it may, in virtue of Section 114.1 of the Environment Quality
Act, order any person or municipality that owns certain contaminants or
had custody or control of them to clean up these contaminants. It may also, in
virtue of Section 115.1, carry out the work itself, at the offender’s
expense.
6.3.2.2 Knowledge of the Condition of the Site
Once the emergency intervention has ended, a characterization study must be
carried out to identify the sources and extent of the contamination. If soils
contaminated in excess of the use-based generic criteria are still in place,
the owner must within the period set out for this purpose register a Contamination
Notice with the Registry Office (see Section 7).
The owner of the site must also notify neighbouring owners if he notes the
presence of contamination at the edges of his site (see Section
11.1). In some
cases, action on neighbouring sites may be required if they have been damaged.
Such action may then be carried out after agreement with the owners of the
targeted neighbouring sites.
6.3.2.3 Impact and Risk Assessment
Impact and risk are assessed using the generic criteria for soils and
groundwater (see Section 6.1.2.2). An owner who so desires may then confirm or
negate this assessment by making a specific determination of the risk (see
Section 6.1.2.2).
6.3.2.4 Impact and Risk Management
Sites that have an impact or that constitute a significant risk must be
subject to risk management measures. The objective of these measures is to
guarantee that the targeted sites no longer have any impact on the environment
or property and do not or no longer constitute significant risks to human
health, wildlife and flora, in the short or long term.
To do this, the owner of the site may have recourse to the measures
described in Section 6.1.2.3.
6.3.2.5 Owner Commitments
An owner who chooses to manage the risk constituted by his site differently
than by using the use-based generic criteria shall, to be authorized to carry
out the work, make the commitments described in Section 6.1.2.4.
The procedure for action on contaminated sites that have an impact on human
health, wildlife, flora, the environment or property is illustrated in Figure
4.
6. 4 Sites Most Likely to Have an Impact or Constitute
Significant Risk: the Active Industrial Sites Intervention Program
6.4.1 Target Sites
Experience acquired since the appearance of the Contaminated Sites
Rehabilitation Policy in 1988 has made it possible to determine that the
sites that most often have an impact on the environment, neighbouring property,
human health, wildlife or flora are those where industries were once or are
presently established that carry on certain activities particularly likely to
emit contaminants. This is why the MEF has identified these sites as needing to
be subject to intervention. In practice, this choice results in the
implementation of the Programme d’intervention sur les terrains utilisés
par des entreprises qui oeuvrent dans des secteurs d’activité industriclle
susceptible de contaminer les sols et les eaux souterraines [Active
Industrial Sites Intervention Program]. This program will apply solely to:
The primary objective of the program is to determine the actual condition of
the industrial sites, ascertaining the risk level and taking action first on
those that have an impact on the environment or that constitute a significant
risk to human health, wildlife or flora. It also makes it possible to:
- Identify possible active contamination sources in order to eliminate them,
slow the damage to the environment and reduce costs relating to their
subsequent decontamination;
- Dispel uncertainty regarding the actual condition of the industrial sites
and encourage planning for gradual long-term rehabilitation of the sites by
their owners, thus reducing the risk of difficulty, bankruptcy and transfer
of contaminated properties to the public domain at the end of the active
life of the industrial establishment.
6.4.2 Approach
The approach begins with the registration of a business in the Intervention
Program. In this case, the approach has five stages, one stage having been
added to those of the general approach because of the voluntary actions that the
industries can undertake.
6.4.2.1 Knowledge
The owners of industrial establishments operating in the areas of activity
identified in Appendix 1 as likely to contaminate soils and groundwater must
carry out a preliminary characterization (as defined in the document entitled Guide
de caractérisation des terrains [Guide to Site Characterization] of the
sites associated with these establishments and prepare an environmental
balance sheet. The contents of this balance sheet shall be presented
in a standardized form and include a description of the condition of the site
and the nature of the surrounding environment as well as an assessment of the
impacts and the risk level that the site represents for the environment and
its users.
If soils contaminated in excess of the use-based generic criteria are found
on the site, the owner shall, within the deadlines set out for this purpose,
register a Contamination Notice with the Registry Office (see Section
7).
If the owner of a targeted site notes the presence of contamination at the
edges of his property, he must notify the neighbouring owners. In some cases,
action on neighbouring sites may be required if they have been damaged. Such
action may be carried out after agreement with the owners of the targeted
neighbouring sites.
6.4.2.2 Impact and Risk Assessment
Sites that are contaminated in excess of the use-based generic criteria
must be assessed using the evaluation grid (see Section
11.4).
This grid was developed to permit an inexpensive preliminary impact and risk
assessment based only on the information obtained at the time of a preliminary
characterization. It also makes it possible to prioritize the most serious
cases. The evaluation grid was developed from the National Site
Classification System developed by the Canadian Council of Ministers of
the Environment (CCME). It takes into account the characteristics of the
wastes or contamination, possible exposure channels, and the characteristics
of the receptors. Points are assigned for each of these factors. Only sites
that obtain scores higher than the predetermined critical score will be
considered to constitute significant risk and be subject to exhaustive
characterization and, where appropriate, field works. When completed, the
grid shall be added to the environmental balance sheet.
The exhaustive characterization and, where appropriate, the specific risk
assessment make it possible to determine more accurately the real extent of
the contamination and to confirm or negate the existence of significant impact
and risk.
6.4.2.3 Impact and Risk Management
Sites that have an impact or that constitute significant risk must be
subject to risk management measures. The objective of these measures is to
guarantee that the targeted sites no longer have any impact on the environment
or property and constitute no or no further significant risk to human health,
wildlife and flora, in the short or long term.
To do this, the owner of the site may have recourse to the measures
described in Section 6.1.2.3.
6.4.2.4 Owner Commitments
Other than the usual requirements described in Section
6.1.2.4, the owner
of the site shall implement a groundwater and surface water quality monitoring
program where the equipment may pose a risk. This program is similar to that
required when new industrial establishments are introduced (see Section
5.3).
It allows the company to quickly detect the presence of contamination and
react promptly. This program must be established by all industries targeted by
the Intervention Program, independently of the condition of the sites on which
they are located.
6.4.2.5 Voluntary Rehabilitation
Once the company has assessed the risk constituted by its site and, where
appropriate, carried out the work necessary to end the impact and reduce risk
to an insignificant level, it may, voluntarily, agree with the MEF on a
rehabilitation program that will allow it to phase in the decontamination and
rehabilitation of the site over the short, medium or long term.
The various stages of the Programme d’intervention sur les terrains
utilisés par des entreprises qui oeuvrent dans des secteurs d’activité
industriclle susceptible de contaminer les sols et les eaux souterraines
[Active Industrial Sites Intervention Program] are illustrated in figure
5.
6.4.3 Work Schedule
All owners of industrial establishments operating in the areas of activity
appearing in Appendix 1 shall draw up the environmental balance sheet of
their sites at the latest 10 years after the beginning of the program. The
specific schedules for each area of activity and those of the other different
stages in the Intervention Program appear in the document entitled, Programme
d’intervention sur les terrains utilisés par des entreprises qui oeuvrent
dans des secteurs d’activité industriclle susceptible de contaminer les sols
et les eaux souterraines [Active Industrial Sites Intervention Program] (see
Section 11. 4).
Independently of the planned schedule, all industrial establishments carrying
on activities appearing in Appendix 1 shall, when they cease production,
characterize their sites, assess their potential risk using the evaluation
grid and take the necessary corrective measures lest the site have an impact
on the environment or constitute a significant risk to human health, wildlife or
flora. This stage will not present difficulties for industries that have already
applied the measures set out in the Intervention Program.
6.4.4 Link to Existing Programs
The Active Industrial Sites Intervention Program will be an integral part of
the Industrial Waste Reduction Program (IWRP).
As well, a type of site (industrial waste landfills) and two types of
industrial activity likely to contaminate soils and groundwater (storage of
petroleum products in underground and above-ground tanks, and mining) are
already covered, in whole or in part, by existing programs or regulations. The
following boxes indicate, for each of these activities, the links existing
between the policy, the present framework and, where appropriate, the Programme
d’intervention sur les terrains utilisés par des entreprises qui oeuvrent
dans des secteurs d’activité industriclle susceptible de contaminer les sols
et les eaux souterraines [Active Industrial Sites Intervention Program].
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Hazardous Waste Disposal Sites
In 1983, the MEF created GERLED (the Group for the Study and
Rehabilitation of Hazardous Waste Disposal Sites) to prepare an
inventory of hazardous waste disposal sites on the territory of Québec.
The inventory of these places was published in 1984. This has led to the
"GERLED program," whereby the Government of Québec undertook
to characterize or have characterized all hazardous waste disposal sites
found in the inventory in order to determine whether the suspected
potential contamination did indeed exist, to ascertain risks to health,
the environment and property, and to ensure that corrective measures are
carried out if necessary. The sites appearing in the inventory have been
divided into three categories of potential risk, those representing the
greatest risk being classified category I.
Since the publication of the first GERLED inventory in 1984, many
responses have been carried out. Some regulations have been altered and
others promulgated. Better monitoring and follow-up programs on the part
of government and industry have been implemented. This has led to
increased awareness among stakeholders and improved management of these
sites. As well, the balance sheet of progress in the GERLED program
reveals that the various types of sites have not all followed the same
sequence. As well, it has proven necessary to restructure the program
and adjust it to the new policy and its Intervention Program.
Restructuring of the GERLED Program
The sites in the GERLED inventory have been divided into five
distinct groups, defined in terms of specific problems. These are:
- Solid waste disposal sites;
- Pulp and paper plant waste disposals;
- Mining tailings accumulation areas;
- Secure confinement cells;
- Industrial waste disposal sites.
A detailed description of each of these groups is found in the
document entitled Inventory of GERLED industrial waste disposal sites
- Changes since 1983 and present condition (see Section 11.11). All
133 sites included in the industrial waste disposal sites group
have serious industry-related problems. These are moreover the sites
that, to date, have been the subject of most responses within the GERLED
program. Nearly one third of these sites have been reclassified,
including half of the former GERLED class 1 sites. Most of these sites
will, in the future, be treated within the Programme d’intervention
sur les terrains utilisés par des entreprises qui oeuvrent dans des
secteurs d’activité industriclle susceptible de contaminer les sols
et les eaux souterraines [Active Industrial Sites Intervention
Program] (see Section 6. 4). The other sites will be followed up using
existing regulations.
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Replacement and Dismantling of Underground Tanks
That Have Contained Petroleum Products
In 1990, the Government of Québec adopted the Petroleum Products
Regulation, which is enforced by the Ministère des
Ressources Naturelles. This Regulation provides,
among other things, for verification and replacement by operators and
users, over a ten-year period (1991-2001), of all unprotected steel
underground tanks more than 15 years old containing fuels and lubricants
and all tanks of a capacity in excess of 4000 litres containing oil. The Regulation
also stipulates that materials contaminated by leaks from these tanks must
be characterized and decontaminated. Finally, it provides that all owners
of underground or above-ground tanks who stop using these tanks for more
than two years or who dismantle them must characterize the site and
decontaminate it if necessary.
While the MRN is in charge of everything relating to the replacement,
dismantling and installation of petroleum equipment, it is the MEF’s
responsibility to ensure that, at the time of these activities,
contaminated sites are decontaminated and that contaminated soils and
waters collected are sent to the authorized treatment or disposal places.
An agreement has been concluded between the MRN and the MEF as a framework
for their action. A detailed description of the procedure to be followed
is found in the MEF document entitled Lignes directrices d'intervention
lors de l'enlèvement de réservoirs souterrains [Guidelines for the
Removal of Underground Tanks] (1994).
The provisions lately added to the Petroleum Products Act and
the amendments expected to be made soon to the MRN Petroleum Products
Regulation will make MEF the only government spokesperson with respect
to the characterization and management of the contamination of those
materials contaminated by petroleum equipment.
Outline of Required Responses
- New Equipment:
New petroleum equipment subject to the Petroleum
Products Regulation must be installed in compliance with the
standards and methods appearing in this Regulation.
- Equipment Already Installed
: Sites on which underground
petroleum products tanks are found are not subject to the Programme d’intervention
sur les terrains utilisés par des entreprises qui oeuvrent dans des
secteurs d’activité industriclle susceptible de contaminer les sols
et les eaux souterraines [Active Industrial Sites Intervention
Program], since they have already been subject to action under the
replacement program instituted by the MRN. However, petroleum disposal
sites not covered by the MRN replacement program are subject to the MEF
Intervention Program.
- Closing Down:
The closing down of petroleum equipment subject to
the Petroleum Products Regulation must be carried out in
compliance with the procedure described in this Regulation.
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Mining Sites
In March 1995, amendments to the Mining Act came into effect
making it possible to ensure the restoration of sites affected by mining
activities. Thus, a firm that carries out certain production operations
must deposit with the Ministère des Ressources Naturelles
a restoration plan and a financial guarantee covering 70% of the cost of
carrying out the work in tailings areas. The Act also contains a provision
by which the Ministry can require a firm that has ceased mining activities
on a given mining site to carry out the restoration work made necessary by
the presence of mining tailings resulting from its activities. For new
activities, a restoration plan must be submitted before start-up. The
details of the restoration plan are set out in the document entitled Guide
et modalités de préparation du plan et exigences générales en matière
de restauration des sites miniers au Québec [Guide and modalities of
preparation of the plan and general requirements with respect to the
restoration of mining sites in Québec] (1995). As well, an agreement
protocol defining MEF and MRN responsibilities relating to analysis of
restoration plans and monitoring of the work was signed on March 23, 1996.
Outline of Required Responses
New Activities: The preventive measures set out in the prevention
section (Chapter 5) of the policy apply, except for the financial
provisions, to the site of the infrastructures of each new mining activity.
The financial provisions are already set out in the Mining Act.
Thus, the targeted companies must characterize their site before setting
up operations, and undertake, when they end their activities, to return
the site to its original condition. The use of tailings as fill on the
site shall, for its part, be assessed on a case-by-case basis. The
prevention section does not apply however to the management of authorized
tailings areas.
Active Industries: Active mining industries are targeted by the
Intervention Program presented in Section 6.4 that is to be harmonized
with the IWRP. This program will make it possible to draw up an
environmental balance sheet for the site, to verify whether the site
presents a significant impact or risk in its present condition and to
define appropriate corrective measures to deal with it, where necessary.
However, the final rehabilitation of the site (including the siting of the
infrastructures and the tailings areas) when the company ends its
activities shall be carried out in accordance with the Mining Act
and the Environment Quality Act,
Inactive Mining Sites: Mining sites returned to the public domain are
managed by the MRN under the Public Domain Mining Sites
Restoration Program begun in 1989. In the case of abandoned mining
sites, the National Orphan Site Remediation Program (MEF-Environment
Canada) and the Mining Sites Restoration Assistance Program (MRN)
have made it possible to carry out restoration work on six mining tailings
parks. For other abandoned mining sites, an interdepartmental (MRN-MEF)
work group was formed with the mandate of proposing response modes and
financing mechanisms relating to these problems. |
6.5 Other Contaminated Sites
With respect to the other contaminated sites, those for which there is no
reuse project, that do not have an obvious impact on human health, wildlife,
flora, the environment and property, and that are not sites of industrial
establishments carrying out activities likely to contaminate soils and
groundwater, the only responses mandatory for the owner are the following:
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As soon as he learns, pursuant to a preliminary characterization study,
that his site has been contaminated, to register, within the prescribed
deadline, a Contamination Notice with the Registry Office (see
Section 7);
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If necessary, warn the owners of neighbouring sites of the presence of the
contamination at the edge of his property.
However, the owner may, at any time, voluntarily undertake a soil and
groundwater characterization, risk determination and site rehabilitation process.
In doing so, he shall adopt the general approach (Section
6.1.2) and the related
instruments, including, where appropriate, the evaluation grid developed
for the Programme d’intervention sur les terrains utilisés par des
entreprises qui oeuvrent dans des secteurs d’activité industriclle
susceptible de contaminer les sols et les eaux souterraines [Active
Industrial Sites Intervention Program].
6.6 Responses in Natural or Nordic Environment
A response on soils or groundwater carried out in a natural1 or Nordic2
environment must have as its objective to return the environment to its original
condition (A criterion). However, if it is clearly demonstrated that meeting
this decontamination objective is more damaging to the environment than leaving
the contamination in place, or it proves technologically impossible, some or all
of the contamination may be left in place.
Depending on the specific difficulties encountered, the decontamination
objective to be met will then become B criterion or, if that is impossible, C
criterion. As a last resort, if the contamination must remain in place, it must
be subjected to CCM (confinement, control and monitoring) measures until it is
demonstrated that it is being resorbed. In this case, the person responsible
must, before the work is carried out, reach an agreement with the MEF on the
measures to be taken and the monitoring to be provided.
In all cases where responses are planned that do not return the site to its
original condition, an assessment of ecotoxicological risk must be carried out
in advance. The proposed response may be carried out only to the extent that it
guarantees that no significant risk results to the ecosystem.
1Natural environment is understood as any site that
is not zoned agricultural, residential, commercial or industrial and that is
normally but not necessarily woods. The natural environment includes among other
things, but not restricted thereto, critical or sensitive environment (peat bog,
marsh, swamp, mature forest, etc) and protected areas (ecological reserves,
parks, wildlife reserves and refuges, ZECs (controlled exploitation zones) and
outfitting operations).
2 Nordic environment means any
territory situated north of the 55th parallel.
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