POLICY DIRECTIVE NO. G-11
SUBJECT:
ENVIRONMENTAL AUDIT
APPROVAL DATE:
LAST REVIEW DATE:
June, 1997
REFERENCE:
A.
GENERAL:
1.
The purpose of this Policy is to provide a guide to the City staff with respect to all
types of development applications where there is reasonable cause to believe that
the site involved may be contaminated. Additionally, there should be a
reasonable expectation that the contamination may have an adverse effect on the
environment or health and safety of future users of the property.
Whenever it is determined that the health and safety of future users of the
property may be adversely affected then applicants for rezoning, development
permits, subdivision and building permits may require a certification from the
Ministry of Environment to establish whether or not an unacceptable hazard to
human health, or to the environment, exists as a result of contamination on that
site.
Attached as ‘Schedule A’ is a list of uses commonly involving toxic substances to
provide example only.
The City of Chilliwack has no responsibility for advising Municipal Development
applicants as to the condition of soils or construction materials on any site.
Authority to require the investigation and determination of the potential hazards
associated with soil contamination lies with the Provincial Ministry of
Environment.
If you contemplate an application for rezoning, building permit, or subdivision of
a site previously used for industrial or other uses which involved the use of
potentially toxic substances (including petroleum products), you are advised to
first inquire about:
(a)
What types of past use could have caused contamination of soils or
structures on site;
(b)
For what types of future uses could contamination pose a hazard;
(c)
What procedures should be followed to determine whether hazards are
present; and
(d)
What procedures would be required to eliminate potential hazards and
satisfy relevant Provincial and Federal legislation.
Policy Directive No. G-11
ENVIRONMENTAL AUDIT
Page 2 of 4
GENERAL (continued)
For such information contact:
Manager, Environmental Safety Program
Waste Management Branch
Ministry of Environment
810 Blanshard Street
Victoria, British Columbia V8W 2H2
Telephone: (250) 387-4321
2.
The preferred approach is to require a suspected contaminated site to be
remediated before any rezoning, subdivision or issuance of a building permit
occurs.
The City may rely upon the Waste Management Branch of the British Columbia
Ministry of Environment or consultants retained by the developer or the City.
A consultant, who may or may not be an engineer, would only certify that any
required soils remediation had in fact been completed. Notwithstanding such
certification further soils remediation may be required. Before a development
approval is issued, the City may obtain sufficient security to ensure that the
planned soil remediation will be completed.
In conjunction with the security deposit the City may require an indemnity from
the developer under Section 215(2(a) of the Land Title Act.
3.
In summary, the City has no direct legislative authority to require that a
contaminated site be cleaned up. However, Council can refuse to grant a rezoning
if, in their opinion, it would lead to an adverse environmental impact or health
hazard.
Also, the Approving Officer might refuse to approve a subdivision as being
contrary to the public interest if he had a sufficient factual basis which indicated
that subdivision of the land would increase public exposure to contaminated soil.
A building permit or development permit could be refused based on suspected soil
contamination.
The most opportune time to require the remediation of a contaminated property is
at the rezoning stage.
Should a property be suspected of being contaminated at any stage of
development then action should be taken immediately to verify the condition of
the property with respect to contaminants before further development work
commences. In these situations and with each case being somewhat different,
staff must discuss an appropriate course of action to be taken.
Policy Directive No. G-11
ENVIRONMENTAL AUDIT
Page 3 of 4
GENERAL (continued)
Each development application involving a property adversely affected by
contaminants is likely to have many unique factors to be considered. It shall
therefore be the policy of the City to have the Office of Principal Interest (OPI)
e.g. Municipal Development Department, consult and co-ordinate the input of all
concerned Municipal staff and outside agencies in determining an appropriate
course of action.
______________________________
Chief Administrative Officer
Policy Directive No. G-11
ENVIRONMENTAL AUDIT
Page 4 of 4
SCHEDULE ‘A’
LIST OF ACTIVITIES LIKELY TO CONTAMINATE SOIL
To identify lots on which the soil is likely to be contaminated, account must be taken of the type
of activity carried on there. The following list includes some examples of activities which
warrant special attention.
The Elimination of Waste and Other Residues:
Sanitary landfill and disposal of dry materials
Back-filling using industrial residues
Elimination of industrial wastes
Snow removal dumps
Garbage dumps
Disposal of mining residues
Industrial and Commercial Activities:
Chemical and petrochemical industry
Pharmaceutical industry
Pesticide industry
Paint and lacquer industry
Solvent and re-cycling industry
Pulp and paper industry
Metallurgical industry
Electro-technical industry
Galvanizing industry
Foundries
Wood preservation industry
Tanneries
Navel shipyards
Textile industry
Coking plant (plant manufacturing artificial gas using coal, tar refining)
Fertilizer industry
Battery, used oil, liquid waste and barrel re-cycling plants
Service stations
Dry-cleaners
Automobile, bus and subway repair and maintenance workshops
Transformer substations (condensers)
Storage and Transfer of Hazardous Substances:
Storage of chemical and petrochemical products
Storage of pesticides
Storage of solvents
Oil pipeline rights-of-way
Scattering:
Scattering of contaminated sediments
Scattering of petroleum residues
Scattering of sludge from water purification plants or septic tanks