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More stringent cleanup standards for contaminated sites will come into effect July 1, 2011, under 2009 amendments to Regulation 153/04. Some property owners with ongoing cleanups may prefer to use the old numbers, i.e. the "March 9, 2004 Soil, Ground Water and Sediment Standards" ("2004 standards") to obtain a record of site condition after July 1, 2011. If they do, they must file a notice, which is now available.
Section 21.1 of the Regulation allows such owners to extend the use of the 2004 standards and certain associated provisions if the owner:
- meets the requirements of section 21.1;
- chooses to use the 2004 standards;
- submits a Record of Site Condition for filing after July 1, 2011 but before January 1, 2013.
For an owner to be eligible to use the 2004 standards, a Notice must be completed and submitted via email to the Ministry of Environment between July 1, 2010 and December 31, 2010 along with the necessary supporting documents.
The Notice under Section 21.1 has been posted on the ministry's website along with additional instructions at the following link: http://www.ene.gov.on.ca/en/land/brownfields/amendments.php. However, many owners of contaminated sites are finding that it makes limited financial sense to extend the use of the 2004 numbers, given the requirement to prepare new Phase I and Phase II environmental site assessments for any Record of Site Condition filed after July 1, 2011.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.