1B – Contaminated Sites and Excess Soils

 *Course agenda to be finalized. See 2020 course details below for reference.*

Course Description

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

Gain an understanding of the changes that come into force on July 1, 2020 and what you need to know and discuss with clients.

Course Chair

Janet Bobechko, Certified Specialist in Environmental Law and Partner, WeirFoulds LLP

2020 Course Agenda for reference. Final details for 2022 to be announced.

Excess soil management in Ontario: Practical discussion of the new Excess Soil Regulations

Take a deep dive into the working details of the new regulation.

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

Sampling and analysis for excess soils: The role of a laboratory
  •  Minimum analytical requirements towards an Excess Soil Sampling & Analysis Plan
    • Discussing the minimum analytical requirements regardless of site history or COPCs identified; the difference in analytical requirements between bulk soil vs storm water pond sediment
  • When is leachate analysis required?
    • Under what scenarios is leachate analysis required, what method, how many samples and for which parameters
  • Applicability of excess soil standards
    • Understanding the tables of standards, parameters at or near the detection limits, single point vs statistical method compliance.

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

Emerging contaminants: What you need to know
  • Introduction to emerging contaminants (EC)
  • Examination of the broader contexts of EC impacts through case studies on:
    • Contaminated land
    • Drinking water
    • Landfills
    • Possible options for remediation

Use of Risk Assessment to optimize development decisions
  • RA as a tool to support site development
  • Optimizing risk management measurers
  • Emerging challenges
  • RA beyond brownfields: How RA applies to contaminated sites

Addressing current and future climate risks on contaminated sites

Day to day effects of climate on brownfields and contaminated sites

  • Climate risk assessment process
  • Data gathering and measurement tools
  • Review of a case study

Toronto Portlands case study: Environmental surprises
  • An overview of the environmental management approach for the construction of a new river and associated public realm
  • Exploration of the environmental surprises found in the Portlands including: PCBs, PFAS potential, mobile NAPL, sheening NAPL, high metals and high groundwater flow
  • Sneak peak at the soil remediation plans for 300,000 m3 soil to be beneficially reused in the project

Management and development of contaminated sites

An open panel discussion on current issues

Expert panel led by Janet Bobechko.

Question and answer period

Course ends 5 PM

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