Banks will require that all risk assessment have very clear conclusions and recommendations that banks can use to make a rational business decision. Putting these two regulations together suggests that a monitoring well is a test hole, as in Reg 903, but all dewatering wells/remedial wells are “wells”, as in Reg 903, because they are operated to “obtain ground water”. Later, A used some of them as remedial extraction wells but it was a small system that didn’t need a PTTW. Indicates the statute under which the regulation was made, whether the regulation is on e-Laws, whether any laws amended the regulation or any change notices were given affecting it, and whether it has been revoked or identified as spent. h��U[o�0�+~��/qG����imQ��)x��$(I5��w����Zm��d%>����>[�0"�p�d��%�>ҁ^�c�q��q=zN8SA����$�!$����|��6^h��������r`�����]uVq�w!7X�8�*��"a�@�(��+{&�5��"�ՌNo�4һ�N�x�G�������/�����pd� In July 2011, the Ontario Ministry of the Environment promulgated amended Regulation 153/04 – Records of Site Condition, Part XV.1 of the Environmental Protection Act (O. Reg. (1) A record of site condition shall be completed and submitted for filing in accordance with the requirements set out in Schedule A. O. Reg. You can unsubscribe at any time by sending an email to us at [email protected] with the word “unsubscribe” in the subject line. 493 0 obj <>/Filter/FlateDecode/ID[<7FAE83B27AE4C643ADDF48FDDA917476>]/Index[483 23]/Info 482 0 R/Length 65/Prev 448072/Root 484 0 R/Size 506/Type/XRef/W[1 2 1]>>stream © Copyright 2020 Siskinds Law Firm. endstream endobj 484 0 obj <> endobj 485 0 obj <> endobj 486 0 obj <>stream 153/04, as amended by O. Reg. regards,. On July 1, 2011 we will expect all consultants to fully meet the requirements of O Reg Reg 511/09. 3? B could run a search of PTTW and Well Records and not find out that A was running extraction wells (although records of sewer discharge agreements might help in this case). {�|����>� %%EOF In fact, this is a widespread fallacy. 511/09 amendments to Ontario’s brownfields regulation, 153/04, seem to have unexpected effects. 153/04. If so, can B simply remediate to Table 3 or do they have to wait until A is finished construction? There is also the possibility of honest mistakes. 511/09 Page 2 of 115 30/05/2011 1 (1) of the Regulation is amended by striking out “March 9, 2004” at the end and substituting “July 27, 2009”. 505 0 obj <>stream For example, wells for dewatering or for groundwater treatment may now require every property within 250 metres to use potable (not non-potable) cleanup standards. �T!=�����6�J�bMl�����{�8�%˰��� endstream endobj startxref O. Reg.511/09 amended O.Reg.153/04, it did not replace it, even though the Soil, Ground Water and Sediment Standards for Use under Part XV.1 of the Environmental Protection Act, April 15, 2011 replaced the 2004 standards. This is how it works: Reg 903 defines a “test hole” as a well that. This change will come into effect July 1, 2011. 641 0 obj <>/Filter/FlateDecode/ID[<55913E40C15E6C1B001CB0977CDDB4AC>]/Index[575 98]/Info 574 0 R/Length 213/Prev 130472/Root 576 0 R/Size 673/Type/XRef/W[1 2 1]>>stream �C�j�/|e��_��4_�y�����?G5�QHi-A�Z��u��(��F8^�)�%j���0ƥ�q-�Zn��� Thus, the presence of a dewatering/remedial well at what is now a Table 3 site will trigger Table 2 over a 250 m radius. If A needs construction dewatering wells to install the elevator shaft but doesn’t need to put a permanent dewatering well in it, is B’s site Table 2 during construction of the elevator shaft and then Table 3 afterwards? The more you understand, the easier it is to manage well. What if B has municipal consent to apply Table 3 and starts remediating but then A installs an elevator shaft with a dewatering well? h�bbd``b`��@�� ĝ$�V �V�DH$˶H������X�``$�����@� 0= h�b```f``���g������90�"&,a��k�^���F�-�:���b�a7KW�Z"S������6V�ZxJ,?\j��9AV`�Ie�z��k�5�̥'(M8д�{�̈́��\GL?�>Z���t�A�o��A��%�g�&�2����X(Ƽ�?�́��'��BI��=��7��XT�#�'k�Ӗ$a����N�*K�]Tt�Ho��Ȑ=qt�ɑsRg���'XOP:037�al$Hp0(0�X�O�200�3��_�s�=�����l0�J���}H��H H�1����/�Ľ@*�����g4 0 / � f Under Section 15(2), won’t their neighbourhoods become Table 2 areas? 153/04, s. 16 (1); O. Reg. Section 15(2) is not restricted to wells re: the extraction of ground water “for use as a source of potable/agricultural water”. (5) The definitions of “subsurface soil” and “surface soil” in subsection 1 (1) of the Regulation are revoked and the following substituted: By subscribing to our blog, you will receive an email when a new post is added. Javascript is required to submit this form. 511/09 changes the definition of a well in Section 35(1) of Reg 153/04 to. What about dewatering wells that are only in place for construction for a few weeks or months? RSC or no RSC. Similarly, won’t 250 m radius “Table 2 neighbourhoods” appear around present-day Table 3 sites with remedial wells? (a) covers the traditional definition of a dewatering well or a sump and (b) covers remedial extraction/injection wells. 07 Jan 2010 | By. Suppose A did a Phase II and the driller filed a Well Record for test holes (monitoring wells). �� ����d4ƥ^�Ls�ʖz�3v-�òT��R�����9�z����� �N�A=� �b�F�[���o����A��YET��(�~��j]�!0Fo�U���x�J�H�_�a���\W����H�\�77�q�&��/Q�� 269/11). All fields are required unless otherwise stated. ]-��!/�xc��mI>T4��M�d��&���N L�Œ�d[�}�,�,7m>K�-�e���s� �2i��(��:.�#��� �k. Suppose Company A has a dewatering well for their elevator shaft. Some of the previously unannounced Reg. 672 0 obj <>stream �^+�(*)��b/�u9.�]�! All rights reserved. Consistent with the ever-changing nature of rules and regulations around COVID-19, the Provi…, In a case of sufficient size and complexity, asking several hundred questions on an examinat…. Soil, Ground Water and Sediment Standards for Use Under Part XV.1 of the Environmental Protection Act Ministry of the Environment July 27, 2009 i Consider the office towers in Toronto with multi-level underground parking. If this is the case, legal quagmires could result. Some of the previously unannounced Reg. This is how it works: h�b```�l��@��Y8�08��>13X3]ega�cTe�����-�?�1ƙ�L,����@h�q����WƦQ�����Ȥg�plq����JdK�ڤ��oئ]~�3�f����)x,~��������Wڢ��"S������ 483 0 obj <> endobj “well” means a hole made in the ground to locate or to obtain ground water and includes a spring around or in which works are made or equipment is installed for collection or transmission of water, but does not include such a hole intended to test or to obtain information in respect of ground water or an aquifer; (2) Paragraph 4 of subsection 168.4 (2) of the Act does not apply to a record of site condition filed in respect of a property if a phase two environmental site assessment has not been conducted for the property. %PDF-1.5 %���� No, the correct reference is still O.Reg. Website built by Northern.co. A list of Ontario's consolidated and unconsolidated regulations. For example, wells for dewatering or for groundwater treatment may now require every property within 250 metres to use potable (not non-potable) cleanup standards. Thank you very much to Stephen Hodgson for pointing out this wrinkle in the regulation. %%EOF 511/09, O.Reg.179/11 and O. Reg. 575 0 obj <> endobj 511/09 amendments to Ontario’s brownfields regulation, 153/04, seem to have unexpected effects. endstream endobj startxref Can Company B next door sue them for increasing B’s remedial costs because A forces Table 2 on B by operating that well or does B have to accept Table 2 resulting from the actions of a third party (i.e., like being forced to use Table 1 as the result of a decision by a conservation authority)? ENVIRONMENTAL PROTECTION ACT - O. Reg. Section 15(2) of Reg 511/09 changes Section 35(3)(a) of Reg 153/04 (when non-potable standards can be used) from when all properties within 100 m are on a municipal supply to 250 m and have no wells installed for the extraction of ground water. (a) is made to test or to obtain information in respect of ground water or an aquifer, and (a) to lower or control the level of ground water in the area of the well, or 511/09, s. 7 (1). (b) to remove materials that may be in the ground water; ?�5*��Y���Z@d��3�&9/�h�1(dr��d�x��cR������o�锞���t��O�v�Ƭ�o����Ĥ��&��O,��!pw*R��jT��T�FbO]��iy�V)o_�-pj�S�t ��. Section 15(1) of Reg. h�̏?�Q����"��>�٨��FF)��bRR2�¦��$&I2�H�8��g�<=�{Ͻ�c,�GRa����vW��tO�]�x%� �P��³㕡c.�s,0�;qm�E�2�L\���c^����=�2��� Z;���,���V��/�wv����\~�s%.����;� Ⴛ' �"L��. 0 If you’d like to receive an email when a new post is added to our blog, let us know. %PDF-1.5 %���� We expect the MOE to fix this problem long before July 1, 2011 arrives. Learn more about terms used on e-Laws: e-Laws definitions Legislative (b) is not used or intended for use as a source of water for agriculture or human consumption; Reg 903 defines a “dewatering well” as a well that is not used or intended for use as a source of water for agriculture or human consumption and that is made,
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