1B – Brownfields Regulation and Compliance: What’s new for 2019

Course Agenda

May 7, 2019
Course Description

This popular one-day compliance “clinic” provides an essential update to enable consultants, governments, proponents, developers, municipalities and environmental professionals to successfully navigate practical issues arising from the new rules for excess soil, contaminated sites, risk assessment and liability.

New! Participate in the first discussion on the “Excess soil regulatory proposal and amendments to Record of Site Condition (Brownfields) Regulation” posting on the Environmental Registry of Ontario. Learn what changed and what stayed the same from expert panelists and the Ministry of the Environment, Conservation and Parks (MECP).

Course Chair

Janet Bobechko, Senior Partner, Certified Specialist (Environmental Law), Norton Rose Fulbright Canada LLP

Speakers

Dr. Krista Barfoot, Principal Brownfield Technologist, Jacobs | Dr Glenn Ferguson,Vice President / Senior Environmental Health Scientist, Intrinsik | Bahman Bani, PhD, P.Eng., Senior Environmental Remediation Engineer, Jacobs | Robert Frank, Partner, Norton Rose Fulbright Canada LLP | David Hopper, Senior Engineer, Manager – Site Assessment and Remediation, BluMetric Environmental | J.P. Marini, Terra Nova Environmental Services |  Ken Guetter, Senior Hydrogeologist, AECOM | Dr Taras (Terry) Obal, Director, Scientific Services and Development, Maxxam Analytics | Chris Lompart, Manager, Land Use Policy, Ministry of the Environment Conservation and Parks | Dean Therrien, Senior Program Advisor, Ministry of the Environment Conservation and Parks | Dr. Michael Sklash, Dragun Corp | Grant Walsom, Partner, XCG Consulting Limited | Pamela Kraft, Head – Property, Planning & Development Engineering, Construction & Expansion, Toronto Transit Commission | Virginia King, Natural Capital Director, Jouletree | Oliver Moore, Partner, Norton Rose Fulbright Canada LLP | Steve Livingstone, GeoCentric Environmental

Course begins 9 AM

Introduction and course overview

Speaker: Janet Bobechko, Senior Partner, Norton Rose Fulbright Canada LLP


Overview of the site and risk assessment regime
  • Background on the use of risk assessment under O. Reg. 153/04 (as amended)
  • Use of the Tier 2 Modified Generic Risk Assessment (MGRA) vs Tier 3 RA process
  • Review of recent revisions and updates to the MGRA process
    • New built-in report template
    • New pathway modifiers
    • New risk management measures
    • New chemicals benchmarks
  • Discussion of what these changes mean for sites trying to get a RSC
  • Proposed relief on evaluating salt impacts in soil and groundwater
  • Proposed relief on vertical delineation of contamination under certain conditions

Speaker: Dr. Glenn Ferguson, Vice President / Senior Environmental Health Scientist, Intrinsik


Emerging contaminants
  • Introduction to Emerging Contaminants (EC)
  • Broader contexts of EC impacts on:
    • Contaminated land
    • Drinking water
    • Landfills

Speaker: Dr. Bahman Bani, Senior Environmental Remediation Engineer, Jacobs


 Integration of natural capital to generate greater value in brownfield redevelopment
  • Overview on what is Natural Capital
  • Integrating Natural Capital into a Brownfield redevelopment including:
    • Cost-effective closure
    • Supporting achievement of sustainability development goals (SDGs)
    • Identifying environmental and sustainable options for site closure

Speakers: Virginia King, Natural Capital Director, Jouletree, Colorado
and Stephen Livingstone, Managing Director, GeoCentric


Key environmental due diligence reminders
  • How much is enough?
  • What to do with unexpected results
  • Dealing with representation and warranties

Speaker: Oliver Moore, Partner, Norton Rose Fulbright Canada LLP


Law, liability and due diligence: What site owners and consultants need to know
  • Review of recent civil case law and recent Environmental Review Tribunal cases
  • How far can liability for historic contamination extend?
  • Off-site migration dilemmas

Speaker: Robert Frank, Partner, Norton Rose Fulbright Canada LLP


Vapour intrusion: Emphasis on practicality for due diligence risk assessments
  • Using methods within and outside the RSC process
  • Navigating the regulatory framework
  • Best practices: Leveraging current/accepted science
  • Optimizing IA mitigation and verification

Speaker: Ken Guetter, Senior Hydrogeologist, AECOM


Hot off the press! Excess soil management in Ontario: Discussion of the proposed new excess soil regulations

Participate in the first discussion on the ERO posting from May 1st of the government’s environmental plan for excess soils. Learn what changed and what stayed the same!

  • A new proposed On-Site and Excess Soil Management Regulation
  • Complementary amendments to Regulation 347 (Waste)
  • Amendments to O. Reg. 153/04 (Records of Site Condition)
  • A proposed new document   “Rules for On-Site and Excess Soil Management”
  • A proposed “Beneficial Reuse Assessment Tool”

Moderator: Janet Bobechko, Senior Partner, Norton Rose Fulbright Canada LLP

Panelists: Chris Lompart, Manager, Land Use Policy, Environmental Policy Branch, Ministry of the Environment, Conservation and Parks
Dean Therrien, Senior Program Advisor, Program Implementation, Business Transformation Branch, Ministry of the Environment, Conservation and Parks
Dr. Krista Barfoot, Principal Brownfield Technologist, Jacobs
J.P. Marini, Terranova Environmental Services Inc.
Grant Walsom, Partner, XCG Consulting Limited


Emerging remediation methods and technologies: Advanced tools to solve groundwater issues – Environmental isotope testing
  • Environmental isotopes can be used to solve problems that cannot be solved economically using traditional site characterization methods.
  • Case Study # 1: Use of water and nitrate isotopes to solve background nitrate controversy and determine nitrate source(s).
  • Case Study #2: Use of Compound Specific Isotope Analysis in difficult hydrogeology to determine if two TCE hotspots are from one release or two.

Speaker: Dr. Michael Sklash, Senior Hydrogeologist, Dragun Corporation


Environmental and Development Interests – Transit

Different environmental interests across the City of Toronto departments and divisions

Environmental challenges:

  • Along the subway
    • New subways
    • Existing subways
  • Higher order development above stations
  • Where all or portions of Toronto Transit Commission (TTC) operational areas are taken for higher order development

Speaker: Pamela Kraft, Head – Property, Planning & Development Engineering, Construction & Expansion, Toronto Transit Commission (TTC)


Management and development of contaminated sites: An open panel discussion on current issues

A wide-ranging open panel discussion led by Janet Bobechko and expert speakers on current issues.

Panelists: Dr. Taras (Terry) Obal, Director, Scientific Services and Development, Maxxam Analytics
David Hopper, Senior Engineer, Manager – Site Assessment and Remediation, BluMetric Environmental Inc.
Pamela Kraft, Head – Property, Planning & Development Engineering, Construction & Expansion, Toronto Transit Commission


Session Ends

Course ends 5 PM

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