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Did you know that the Ministry of Environment has a website with in-depth information on remediation regulations in British Columbia? See below for some basic information or visit the BC Ministry of Environment Land Remediation website for regulatory information, list of frequently asked questions, presentations, and more. Although not all brownfields are necessarily contaminated sites, many can be and the perception that brownfields are burdened with environmental liability is commonly held. Since the late 1980s, British Columbia has been a national pioneer and leader in the development of a standards and approvals regime for contaminated site remediation. British Columbia 's Environmental Management Act and Contaminated Sites Regulation, administered by the Ministry of Environment, provide a framework and systematic processes for the identification, investigation, and remediation of contaminated sites in the province. Included in this contaminated sites legal regime are numerical and risk-based environmental quality standards , the " site profile system " which aims to ensure sites are environmentally suitable for redevelopment, provisions for ministry approval and certification of site remediation, as well as the principles of remediation liability stipulating who is responsible and who is not responsible for remediation. In addition, the Ministry of Environment maintains the Site Registry which holds site-specific information on contaminated, and potentially contaminated, sites (including, in some cases, brownfields) across British Columbia . One of the principal attributes of British Columbia's contaminated site legislation is providing increased environmental and business certainty for person's wishing to remediate and redevelop brownfields in the Province.
Environmental quality standards Environmental quality standards are the "measuring stick" against which the presence and concentration of substances in soil, surface water, ground water, and sediment are determined. Environmental contamination poses hazards to human health, ecological health, and to built infrastructure such as utilities and services. Standards can be used to determine if a brownfield is contaminated and when a contaminated brownfield has been adequately cleaned up. To meet stakeholder's requests for flexibility, environmental quality standards come in a number of forms including generic numerical, site-specific, and risk-based. Further information on environmental quality standards may be found in a series of Ministry of Environment fact sheets under the heading of Standards.
The site profile system is a mandatory process under the Environmental Management Act used to bring potentially contaminated sites to the attention of the ministry at a time when a property is conducive to investigation and remediation. This system is used to determine if and when site investigation is required. Site profile submissions are triggered by certain applications for zoning of land, subdivision, development and development variance permits, soil removal and demolition permits. Site profiles must also be submitted for certain sites upon decommissioning and/or foreclosure. Similarly drafted provisions in various local government statutes provide that where a site profile is required, approving authorities are prohibited from approving specified applications (for example, in relation to zoning, development permits or subdivision) unless at least one of seven statutory conditions is met, several of which involve receiving notifications or determinations under the Environmental Management Act . A principal objective of the site profile system is to ensure that properties having a potential to be contaminated due to past or present site activities are assessed and, where necessary, cleaned up prior to re-use. Further information on the site profile system may be found in a number of Ministry of Environment fact sheets under the heading of Site Profiles . This information along with additional information of particular interest to local governments may be found under the heading of Fact Sheets for Local Government.
Ministry approval and certification of remediation The Ministry of Environment offers many services of benefit to brownfield stakeholders. Key among these services is assistance in meeting the legal requirements of the contaminated sites legislation and regulations. This includes help in applying for a range of legal "instruments" such as the following: • Determination (site is, or is not, contaminated) • Approval in Principle (of a remediation plan) • Certificate of Compliance (confirming site remediation) When a client applies to have one of these instruments issued, a review of site investigation reports, remediation plans, and confirmation of remediation reports is often required first. Further information on the Ministry's contaminated sites services may be found in a series of fact sheets under the heading of Ministry Services and Fees.
The Environmental Management Act and Contaminated Sites Regulation lay out various principles of liability, or responsibility, for the cost of cleaning up contaminated sites and brownfields in BC. Those who are in some way responsible for causing contamination are classified as "responsible persons." The Act and Regulation first cast a relatively broad net of liability by describing who are considered responsible persons such as current or former owners of a contaminated site or a site from which contamination migrated; and producers or transporters of substances. The provisions then identify a variety of circumstances under which those individuals are excluded from liability. Further information on remediation liability, including information targeted towards specific brownfield stakeholders such as local governments, may be found in a series of Ministry of Environment fact sheets under the heading of Liability.
The Ministry of Environment's Site Registry documents milestones in the screening, investigation, and remediation of sites in British Columbia since 1988 (when the ministry began recording this activity). All of the information is accessible to the public. The Site Registry is not solely a registry of contaminated sites. Some sites in the registry are contaminated, but most are simply being investigated and require little, if any, cleanup or have already been cleaned up to government standards. Searching the Site Registry is an important component of preliminary enquiries into the environmental status of a brownfield site. Further information on the Site Registry, including how to obtain information about contaminated or potentially contaminated sites, may be found in a series of Ministry of Environment fact sheets under the heading of Site Registry.
Email us about your community's brownfields or send us your feedback about this site.
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