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Phase I Environmental Site Assessments |
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Most stakeholders involved in real estate transactions are familiar with
a Phase I Environmental Site Assessment (ESA), a study routinely
undertaken as due diligence associated with property transfer, financing
or development. In Canada, Phase I ESAs are usually conducted in
accordance with the Canadian Standards Association (CSA) Z-768-01
environmental protocol or the Canada Mortgage and Housing Corporation
(CMHC) environmental site investigation procedures for mortgage loan
insurance.
AiMS is also qualified to carry-out Phase I ESAs to the new Ministry
of the Environment Regulation 511/09 requirements, which substantially
amend Record of Site Condition (RSC) Regulation 153/04. Unless otherwise
specified by your financial institution, compliance with these new
regulations legally applies only in instances where a RSC is also
necessary in support of a development application process, such as zoning change, site plan control, or building
permit issuance. For further information on how these amendments may
affect you, we suggest you read the informative article
found here.
Briefly, a Phase I ESA is a documentary review of a
property's historical land uses and a visual inspection of the premises
to identify any actual or potential sources of environmental
contamination. A Phase I ESA does not include sampling or testing of
soil, groundwater, or building materials. Such analyses are conducted in
a Phase II ESA.
AiMS' Phase I ESAs are typically conducted in accordance with the
said Canadian Standard, the scope of which typically includes a review
of existing historical records for the subject site and surrounding
areas to identify actual or potential sources of environmental
contamination; site reconnaissance (including an environmental
inspection of any existing buildings) to observe and document the
present environmental condition; interviews with knowledgeable persons
and regulatory officials for additional information relating to any
environmental concerns; and the preparation of an assessment report
summarizing the pertinent findings, conclusions and recommendations. |
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A Phase II Environmental Site Assessment is an intrusive
investigation that follows from the findings of a Phase I ESA. When the
Phase I ESA reveals actual or potential sources of contamination, a
Phase II ESA is undertaken to verify or refute the sources of subsurface
contamination identified. This is done by sampling and analyses of soils
and groundwater. In Canada, Phase II ESAs are usually conducted in
accordance with the Canadian Standards Association (CSA) Z-769-00
environmental protocol.
AiMS is also qualified
to carry-out Phase II ESAs to the new Ministry of the Environment
Regulation 511/09 requirements, which substantially amend Record of Site
Condition (RSC) Regulation 153/04. Unless otherwise specified by your
financial institution, compliance with these new regulations legally
applies only in instances where a RSC is also necessary in support of a
development application process, such as zoning change, site plan control, or
building permit issuance. For further information on how these
amendments may affect you, we suggest you read the informative article
found here.
The soil and groundwater samples are
obtained via drilled boreholes or test pits, and the scope of work can
range in size from a couple of boreholes advanced around an underground
storage tank (UST), to several dozen holes as a result of an extensive
investigation in order to determine the extent of already-confirmed soil
or groundwater contamination.
Statistically, fewer than 30% of
Canadian properties have historically revealed potential problems that
would warrant further investigation. However, for those properties that
do, investment in a Phase II ESA is well worth the cost incurred, for it
could reveal important information about the environmental health of a
site, which could directly affect the market price of a property! In the
case of work being performed for due diligence and pre-purchase
purposes, a Phase II ESA will also indicate if a site is nothing more
than an environmental liability, should it be found to contain
contaminated soils or groundwater requiring what can result in an
expensive clean-up operation.
AiMS' Phase II
ESAs are typically conducted in accordance with the said Canadian Standard, the
scope of which typically includes a review of previous reports for the
subject site and surrounding areas to identify actual or potential
sources of environmental contamination; underground utility clearances
and borehole layout of the subject site; the mobilizing, drilling, and
logging of boreholes; the installation of groundwater monitoring wells
(where required); the screening of soil sample headspace; carrying-out
chemical analyses on representative soil and groundwater samples at an
accredited environmental laboratory; and the preparation of an ESA
report of pertinent findings, conclusions, and our recommendations(if
any). |
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Site Cleanup and Remediation Management |
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If soil or groundwater contamination is identified at a property, either
through a Phase II ESA or an excavation, for instance, for an
underground storage tank, the contamination is usually addressed through
site cleanup or site remediation. Site Remediation or Cleanup is
defined as the improvement of a contaminated site to prevent, minimize
or mitigate any foreseeable hazards to human health or the environment.
The site cleanup or remediation is undertaken to render the site or part
of the site in compliance with the applicable environmental standards
consistent with the site’s land uses or zoning. A qualified and
experienced contractor is retained by the property owner to conduct the
cleanup or remediation.
For contaminated soils, a waste characterization
test is usually required to be conducted in accordance with a Toxicity
Characteristic Leaching Procedure (TCLP) for off-site disposal
purposes. In Ontario, this is done in accordance with Regulation
558/00.
AiMS provides support services relating to the site cleanup,
which can include engineering inspections and oversight of the cleanup,
verification sampling to confirm the cleanup, documentation of the
proceedings and preparation of a site cleanup report. For larger
projects, AiMS can provide broader remediation management services,
including project coordination and liaison with the client, contractor
and regulatory authorities, project meetings, review of work progress
budget and schedule, and payment certification. |
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Of the 200,000 underground fuel storage tanks in Canada, approximately
25% are estimated to have leaked in the past or could develop leakages
over their service life. They represent a severe potential for soil and
groundwater contamination.
Underground storage tanks (also referred to
as USTs) that are used for petroleum products are controlled by
provincial regulations and non-compliance situations can result in large
corporate liabilities. Investigations related to USTs require a broad
range of technological knowledge combined with practical experience,
legislation awareness, and ability to deal with regulatory authorities.
In Ontario, the Technical Standards and Safety Authority (TSSA)
regulates USTs and on-site contamination, while the Ministry of the
Environment oversees any resulting off-site contamination.
AiMS provides
support services relating to UST Removals, to ensure the work is done in
accordance with the TSSA’s 2007 Protocol for Environmental Management
for Fuel Handling Sites in Ontario, and its latest updates.
AiMS works
with a number of TSSA-licensed Contractors who can be called upon by the
property owner to quote on a UST removal, along with any other
contractors the owner has worked with.
Once a contractor has been
retained, the scope of our work typically includes oversight of the
removal and off-site disposal (by the licensed contractor) of a tank,
inspection of the tank cavity, photographic documentation of the
proceedings and the collection and analyses of soil samples in order to
ensure compliance with applicable standards. An engineering report is
issued upon completion of the tank removal and any associated
soils/groundwater contamination which serves as a permanent record of
the UST removal and is oftentimes filed with the TSSA. |
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Asbestos Evaluations and Management Plans |
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Asbestos is a naturally occurring fibrous mineral material used widely
in construction materials such as thermal and acoustic insulation during
the 1950s and 1960s.
Medical studies linked asbestos fibres in indoor
air to lung diseases and subsequently, in the mid-1970s, asbestos was
phased out from many building materials. However, asbestos can still be
found in older buildings or industrial locations, and every effort
should be made to identify asbestos on those sites and implement
suitable management programs.
The handling of asbestos-containing
materials (also referred to as ACMs) is strictly controlled by
provincial regulation and the implementation of the requirements is
enforced by the Ministry of Labour. In Ontario, any material containing
greater than 0.5% of asbestos fibres by dry weight is considered to be
an asbestos-containing material (ACM), according to Regulation 278/05 –
the Regulation Respecting Asbestos on Construction Projects and in
Repair Operations.
Under the said regulation, a building owner is
required to identify, document and assess the condition of any asbestos
containing materials within a building. This information is then
required to be presented to any contractors working in the building, so
that precautions may be taken to address any such materials likely to be
disturbed in the course of the work.
AiMS conducts Asbestos Evaluations
(or Surveys) for building owners and property managers in accordance
with the said regulation. The scope of this service typically includes
a visual inspection, bulk sampling of suspect material, laboratory
testing, and preparing an engineering report of findings.
If "friable"
asbestos is identified, i.e., asbestos that can readily be crumbled by
hand pressure, appropriate response actions are recommended, which could
include removal or containment.
For asbestos removal, AiMS works with a
number of licensed contractors that can perform this service for the
owner. In this regard, AiMS is retained to oversee the abatement work
and ensure it is performed in an acceptable manner.
For larger project, AiMS is retained to prepare project specifications for contract
purposes, and to assist with the bidding process and contractor
selection. Pre and post-abatement air testing is frequently required
for such projects to ensure that the airborne asbestos fibre
concentrations are within an acceptable range prior to clearance of any
abatement enclosures that are established by the contractor.
Any
Asbestos-containing waste must be handled and disposed of in accordance
with R.R.O. 1990, Regulation 347, as amended by O. Reg. 326/03 - General
- Waste Management.
Oftentimes removal is not required, especially for
non-friable asbestos. Accordingly, AiMS is retained to prepare an
Asbestos Management Plan for in-place monitoring of the condition of the
asbestos-containing material under an Operations and Maintenance
schedule. |
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The term "Designated Hazardous Substances" refers collectively to eleven
organic and inorganic building contaminants defined under Section 30 of
the Occupational Health and Safety Act, listed below:
● Acrylonitrile
● Arsenic
● Asbestos
● Benzene
● Coke Oven Emmissions
● Ethylene Oxide
● Isocyanates
● Lead
● Mercury
● Silica
● Vinyl Chloride
The effects of exposure to any hazardous substance depend
on the dose, the duration of exposure, how you are exposed, personal
traits and habits, and whether other chemicals are present.
Under
Section 30 of the provincial Occupational Health and Safety Act, a
building owner must provide a list of designated hazardous substances
present or identified in his building to any contractors and
subcontractors prior to work on-site, for instance, during the bidding
process. Specific designated hazardous substances, such as asbestos,
are also required to be removed from a building prior to any major
renovation or demolition work.
AiMS conducts Designated Hazardous
Substances Inspections (DHSIs) in accordance with the Occupational
Health and Safety Act, the scope of which entails a walk-through visual
survey of the interior of the building to identify any suspect building
contaminants. Confirmation of suspect building materials is performed
by conducting appropriate laboratory analysis on bulk samples of suspect
material. Where necessary, bulk samples of materials and interior
caulking or paintwork suspected to contain lead, mercury or asbestos are
taken, in order to determine whether they are present within the
building material.
Other designated substances such as mercury or silica
if suspected are generally identified by visual observation only.
A
report of findings is then prepared which identifies and documents any
designated hazardous substances within the building and recommends
response actions appropriate for in-place management or for renovations
or demolition work. |
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"Brownfields" or contaminated real estate can pose special challenges
for property transfer, rezoning, redevelopment or financing. AiMS
provides specialized support services related to Brownfields, which can
range from peer reviews of reports prepared by other consultants,
through managing a Risk Assessment Study for sites that cannot be
practically or cost effectively cleaned up by conventional means,
establishing in-place monitoring programs for groundwater contamination,
and expert witness and litigation support services for property disputes
regarding pollution. |
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After site cleanup or remediation have been completed to address
subsurface contamination, or if a Risk Assessment study has been
completed, a Record of Site Condition can be filed with the Ministry of
the Environment for input into the online database of the Environmental
Bill of Rights (EBR) registry to serve as a public record of the site
cleanup. The RSC has to be filed by a designated professional
registered with the MOE, known as a Qualified Person (QP).
Filing an RSC
is a voluntary exercise, except in cases where mandated by the local
municipality, for instance to facilitate a zoning change or to obtain a
site plan approval or building permit.
The RSC process has certainly
opened the door to lending on "contaminated properties". Advantages of
filing an RSC are several, as can be gleaned from the comprehensive
article
found
here.
AiMS has MOE registered QPs on staff that can file RSCs on behalf of its
Clients. It has successfully filed numerous RSCs in accordance with
Ontario Regulation 153/04, which are now part of the Brownfields EBR and
which have facilitated various development approvals. |
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