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18-Env-B4 Site Assessment and Remediation · December 2017

Question 3 of 7: Record of Site Condition — Purpose, Content and Responsibility

Nivaar worked solution (AI-drafted; not reviewed by a licensed engineer)

Notes on this paper

National Exams; December 2017 — 04-Env-B4 / Site Assessment and Remediation. 3 hours duration; open-book exam (Casio or Sharp approved calculator only). The paper is split into Section A (five questions, candidates asked to answer four) and Section B (two questions, candidates asked to answer one), each question worth 20 marks. All seven required questions plus the second Section B option are solved below for completeness — eight questions in total.

Reference texts. Suthersan & Payne, Remediation Engineering: Design Concepts (CRC Press); Freeze & Cherry, Groundwater; Schwarzenbach, Gschwend & Imboden, Environmental Organic Chemistry; Davis & Cornwell, Introduction to Environmental Engineering (6th ed.); American Petroleum Institute (API) publications on fuel-release site assessment and UST modelling; ASTM E1527 Standard Practice for Phase I Environmental Site Assessments and ASTM E1903 Standard Practice for Phase II ESA; Ontario Reg. 153/04 under the Environmental Protection Act (Record of Site Condition regime) and O.Reg. 406/19 (excess soil management); Transportation of Dangerous Goods Act/Regulations (Canada); CCME Canadian Environmental Quality Guidelines.

Section A — Four of Five Questions

Question A-3: Record of Site Condition — Purpose, Content and Responsibility (20 marks)

Question text not reproduced: the examination questions are © Engineers and Geoscientists BC. Open the official past paper (linked at the top of this page) to read the question, then follow the worked solution below.

A Record of Site Condition (RSC) is a legal document, filed on a public provincial environmental site registry (in Ontario, under the Environmental Protection Act, O.Reg. 153/04), that certifies the environmental condition of a property as of a specific date, based on the results of a completed environmental site assessment. It is not itself a remediation plan — it is the certification that a defined process (Phase I/Phase II assessment, and remediation or risk assessment if required) has been completed and that the property meets the numerical soil/groundwater/vapour standards applicable to its intended use.

When it is required. An RSC is triggered by a change of land use to a more sensitive one — most commonly a change from industrial or commercial use to residential, parkland, institutional, or agricultural/other sensitive use — because that change is exactly when the risk profile of the same physical contamination changes (a concentration that is acceptable under an industrial exposure scenario may not be acceptable where children will play on the same soil). It is also commonly required, or effectively required by a municipality/proponent, as a condition of rezoning or an official plan amendment, prior to certain building permits on a property with a history of industrial or commercial use, and voluntarily as part of real-estate due diligence even where no regulatory use-change trigger applies, because it gives a purchaser or lender a filed, defensible record of site condition.

Contents. The RSC records: the identity and qualifications of the Qualified Person (QP) who prepared it; a summary of the Phase I and Phase II Environmental Site Assessment findings, including the areas and depths investigated; the applicable site condition standards used (generic or site-specific risk-based, and the land use they correspond to); confirmation that those standards are met — either because the site was found to already comply, or following completion of remediation or the implementation of a risk-management measure (e.g., an engineered cap, with an accompanying certificate of property use); and, where a risk assessment was used instead of generic standards, a summary of that risk assessment and any ongoing monitoring or institutional/legal controls required to maintain the certified condition (which then also appear on title as a certificate of property use).

Record of Site Condition — summary
ElementDescription
What it isFiled, legal certification that a site meets applicable standards for its intended use, based on completed ESA/remediation
When requiredChange of use to a more sensitive class (e.g., industrial/commercial → residential, parkland, agricultural); often tied to rezoning/permits; voluntary due diligence
ContentsQP identity/qualifications; Phase I/II ESA summary; standards used and land use; compliance confirmation or risk-assessment/risk-management summary; any ongoing controls
Who completes itA Qualified Person (licensed professional engineer or geoscientist meeting the regulation's prescribed experience requirements), retained by the property owner

Who completes it. The RSC is prepared and signed by a Qualified Person (QP) — a professional engineer or professional geoscientist who meets the experience and licensing requirements set out in the governing regulation — retained by the current property owner (who is ultimately the party filing the RSC on the registry and bears the legal responsibility for its accuracy). The QP's certification is what gives the filed record its regulatory and legal weight; a Phase I/II ESA prepared for other purposes (e.g., a real-estate transaction) does not itself become an RSC unless a QP formally certifies it against the applicable standards and it is filed on the registry.

Check: the RSC regime as described (registry filing, QP certification, use-change trigger) is the Ontario model under the Environmental Protection Act; other provinces use analogous but differently named instruments (e.g., BC's Site Registry, Site Profile and Certificate of Compliance under the Environmental Management Act) with broadly the same intent — the general answer above applies to the family of instruments, with Ontario terminology used since "Record of Site Condition" is the specific defined term.