ATTACHMENT 1
CITY POLICY
POLICY NUMBER: C521
REFERENCE: Plan Edmonton, Bylaw 11777 as amended,
Strategy 4.4.5
ADOPTED BY:
City Council
SUPERSEDES:
New
PREPARED BY:
Planning and Development Department
DATE:
TITLE:
Land Development Application Process for Potentially Contaminated
Properties
When Approved by Council
Policy Statement:
1. The City of Edmonton will:
a) establish procedures and guidelines for processing planning and land development applications
involving potentially contaminated properties with the objective of determining that the properties
are suitable for the intended uses with respect to environmental contamination;
b) provide recommendations and information regarding potentially contaminated properties for
area and neighbourhood structure plan and plan amendment applications and rezoning and
road closure bylaw applications coming before City Council, and subdivision applications
coming before the Subdivision Authority;
c) verify that remediation of contamination has been completed or that risk management measures
have been implemented prior to approving a development permit where the Edmonton Zoning
Bylaw establishes these requirements through direct control zoning; and,
d) print information on development and building permits advising applicants of environmental
considerations and their responsibility to ensure that properties are suitable for intended uses
with respect to environmental contamination.
2. The City will work with Alberta Environment and the Capital Health Authority to facilitate the
identification, investigation, remediation and management of contaminated properties through the
land development process.
3. The City will promote removal of contamination from a property to meet appropriate standards for
intended land uses over ongoing risk management approaches. Remediation to standards and/or
risk management plans established by Alberta Environment and Capital Health Authority will be
required, except that the City will not support risk management for contaminated properties where
residential or residential related uses are permitted or discretionary uses under the Edmonton
Zoning Bylaw.
This policy is subject to any specific provisions of the Municipal Government Act or other relevant legislation or Union Agreement.
The purpose of this policy is to:

Implement Council’s direction as provided in Plan Edmonton, Edmonton’s Municipal Development
Plan, Bylaw No. 11777, as amended, which states that it is a priority of City Council to:
Develop an integrated environmental protection strategy, in partnership with the
Province and neighbouring municipalities, designed to improve air and river water
quality, promote conservation, and ensure effective preservation and management of the
City’s green spaces.
The implementation strategy for this priority includes direction to the City Administration to:
Require, through the development approval process, the remediation and management of
contaminated sites, so that sites are suitable for their intended uses. (Strategy 4.4.5)

Ensure the suitability of land for specific land uses proposed for development with regard to
environmental contamination in accordance with municipal responsibilities under the Municipal
Government Act.
This policy is subject to any specific provisions of the Municipal Government Act or other relevant legislation or Union Agreement.
CITY PROCEDURE
POLICY NUMBER:
C521
AUTHORITY:
City Manager
EFFECTIVE DATE:
TITLE:
Land Development Application Process Guidelines for Potentially
Contaminated Properties
PAGE: Page 1 of 10
1. DEFINITIONS
Contamination - The presence, in association with soil, water, groundwater, air, ground surface or
structures, of a substance or substances that may present a risk to human health or the environment
where “substance” is as defined the Alberta Environmental Protection and Enhancement Act.
Direct Control Zone (DC3) -The Municipal Government Act and the Edmonton Zoning Bylaw provide
the regulatory basis for a direct control zoning provision to be applied to properties with confirmed
environmental contamination. A direct control zone may be placed on a site verified to have
environmental contamination in order to specify the level of clean-up or risk management measures
required prior to the approval of a development permit. The zone can be used to restrict the issuance
of development permits until environmental contamination on the subject property has been reduced or
removed by remediation or risk management measures.
The Edmonton Zoning Bylaw provides for a site specific DC3 zone that is applied to a property by
adoption of a rezoning bylaw. The DC3 restricts the issuance of a development permit until the
Development Officer determines that the level of contamination on the property meets the DC3
requirements and the regulatory standards for acceptable levels of contamination for the use or uses
indicated in the development permit application.
Property with a DC3 zone may be rezoned if the City of Edmonton, in consultation with other
recognized environmental regulatory authorities determines that contamination on the property meets
the standards set for all permitted and discretionary uses in the proposed land use zone(s).
The City Administration may support a rezoning bylaw where the DC3 allows no uses until remediation
or risk management has been implemented; however, the Subdivision Authority will not approve a
subdivision where DC3 restrictions allow no uses for any parcel of land resulting from the subdivision.
Environment - The components of the earth, including, as in the Definitions Section of the Alberta
Environmental Protection and Enhancement Act: air, land and water; all layers of the atmosphere; all
organic and inorganic matter and living organisms; and, the interacting natural systems that include
components referred to in points i) to iii) above.
Greenfield Site – For the purposes of these procedures and guidelines, a greenfield site is property in a
newly developing suburban area that has AG, AGU, AGI, US, AP or PU zoning that remains in its
natural state or has been used only for farming purposes and has never been occupied by a farmstead
or storage tanks.
CITY PROCEDURE
POLICY NUMBER:
C521
AUTHORITY:
City Manager
EFFECTIVE DATE:
TITLE:
Land Development Application Process Guidelines for Potentially
Contaminated Properties
PAGE: Page 2 of 10
Phase I Environmental Site Assessment (ESA) - An evaluation of a property that is qualitative in nature
and is intended to determine the likelihood of potential contamination on the property. A Phase I ESA
is non-intrusive in that it involves no testing or analysis. A Phase I ESA is to be done having regard to
the Canadian Standards Association International, Guideline Z768-01 document, as updated or
amended, with the exception that the City of Edmonton does not require the assessment of potentially
hazardous building materials including structures with asbestos, lead paint, urea formaldehyde, and
PCBs in ballasts and other structural locations.
Phase II Environmental Site Assessment (ESA) - An evaluation of a property involving, among other
things, testing and analysis of soil and groundwater to determine the nature and extent of any
contamination that may be present on the property. A satisfactory Phase II ESA would follow the
procedure and format set by the Canadian Standards Association International in their Guideline Z76900, as updated or amended, and shall meet the technical requirements of Alberta Environment and the
Capital Health Authority. It would include all the steps of a Phase I ESA, if one has not already been
done, to ensure that any testing or analysis of soil and groundwater is done in the right areas and for
the correct substances.
Phase III Environmental Site Assessment (ESA) - An evaluation of remediation options for a
contaminated property recommending one or more of those options. Remediation options may include
risk assessment/risk management strategies to indicate how the contaminated soil and/or groundwater
can be treated to reduce any risk to acceptable levels. An essential component of a Phase III ESA is
the monitoring and inspection program to ensure the remediation is operated or completed as
envisioned.
Potentially Contaminated Property - A property for which the history of land use, land use zoning or
information regarding environmental contamination on the property, a nearby property or a nearby rightof-way indicates that environmental contamination may be present that will affect the suitability of the
property for some or all land uses.
Property - For the purpose of these guidelines, a property is a “parcel of land” as defined in the
Municipal Government Act, or the area of a road right-of-way that is subject to a road closure bylaw.
Recognized Environmental Regulatory Authority - An organization that has authority under provincial or
federal legislation or regulations to monitor and/or regulate matters related to environmental
contamination and related public health and land use considerations, principally Alberta Environment,
the Capital Health Authority and the City of Edmonton.
Remediation - The process by which contamination on a property is reduced, mitigated or rendered
inert below a level established by recognized regulatory authorities to protect and sustain the current or
intended future use of the property.
CITY PROCEDURE
POLICY NUMBER:
C521
AUTHORITY:
City Manager
EFFECTIVE DATE:
TITLE:
Land Development Application Process Guidelines for Potentially
Contaminated Properties
PAGE: Page 3 of 10
Residential Use - A land use within the Residential Use Class as defined in Section 7.2 of the
Edmonton Zoning Bylaw, including: apartment housing, duplex housing, garage suites, mobile homes,
row housing, secondary suites, semi-detached housing, single detached housing and stacked row
housing.
Residential-Related Use - A land use within the Residential-Related Use Class as defined in Section
7.3 of the Edmonton Zoning Bylaw 12800, as amended, including: apartment hotels, boarding and
lodging housing, fraternity and sorority housing, group homes, major home based business, minor
home based business, residential sales centre and temporary shelter services.
Risk Assessment Study - A study done when it is not practical to remediate a site to a generic criteria
level or where there is a risk of off-site contaminants re-entering the property. The study generally
involves pathway analysis that identifies pathways for the movement and transfer of contaminants in
the environment to human and non-human receptors and quantifies the effects of the contaminants.
The study may conclude that it is acceptable to remediate a property to site specific criteria.
Risk Management - Plans and/or actions to reduce, control or prevent exposure to contamination
approved by recognized regulatory authorities. Ongoing monitoring of environmental conditions may
be required as part of a risk management plan.
Risk Management Study - A study that can be done upon completion of a risk assessment study to
determine how contamination on a property can be managed and remediated to protect the current or
intended future users of the property from long-term risks related to contaminants remaining on-site or
the potential re-entry of off-site contaminants.
Suitable for Intended Use - A property is deemed suitable for its intended use if any contamination
present is within either the generic or specific criteria for the complete range of uses allowed on the
property by the Edmonton Zoning Bylaw, as determined by Alberta Environment and/or the Capital
Health Authority. Generic criteria include, but are not limited to standards in the most current versions
of:
 Alberta Tier I Criteria for Contaminated Soil Assessment and Remediation;
 CCME Interim Canadian Environmental Quality Criteria for Contaminated Sites;
 CCME Canadian Environmental Quality Guidelines;
 Alberta Environment Risk Management Guidelines for Petroleum Storage Tank Sites;
 Alberta Hydrocarbon Soil and Water Guidelines for Upstream Oil and Gas Sites;
 Canada-wide Standards for Petroleum Hydrocarbons (PHC) in Soil;
and updates and amendments to these documents.
Specific criteria are generated through risk assessment studies. Risk assessment approaches may
involve risk management studies and commitments.
CITY PROCEDURE
POLICY NUMBER:
C521
AUTHORITY:
City Manager
EFFECTIVE DATE:
TITLE:
Land Development Application Process Guidelines for Potentially
Contaminated Properties
PAGE: Page 4 of 10
Risk management approaches to dealing with environmental contamination will not be supported by the
City of Edmonton for properties where residential or residential related uses are allowed. Remediation
to standards set by Alberta Environment for residential uses will be required.
Use and Use Class - the purpose or activity for which a piece of land or its buildings are designed,
arranged, developed or intended, or for which it is occupied or maintained as defined by the Edmonton
Zoning Bylaw. A use class is a group of uses with common functional or physical impact
characteristics.
2. PROCEDURES
Planning and Development Applications to Which These Guidelines Apply
Land Development Process Guidelines for Potentially Contaminated Properties and the attached
appendices apply to planning and development applications for:
1. development permits and building permits, as indicated in Appendix 1;
2. rezoning bylaws involving a parcel or parcels of land not zoned for primarily residential use at
the time of the application, as specified in Appendix 2;
3. subdivisions of land involving a parcel or parcels of land not zoned for primarily residential use
at the time of the application, as specified in Appendix 2;
4. road closure bylaws;
5. area and neighbourhood structure plan bylaws and amending bylaws; and,
6. development permits for properties that are subject to requirements for remediation or risk
management prescribed by a direct control zone, as specified in the Edmonton Zoning Bylaw.
Environmental Review
Phase I ESA reports will be submitted with specified planning and development applications and will be
reviewed with any other available information on environmental contamination by the Planning and
Development Department. Reports and information may be referred to other City departments and
recognized environmental regulatory authorities for consultation.
CITY PROCEDURE
POLICY NUMBER:
C521
AUTHORITY:
City Manager
EFFECTIVE DATE:
TITLE:
Land Development Application Process Guidelines for Potentially
Contaminated Properties
PAGE: Page 5 of 10
Where the Phase I ESA, or other information, indicates that a property that is subject to an application
may be contaminated, the Planning and Development Department will advise the applicant on the
following:
1. any requirement on the part of the applicant to complete and submit to the Planning and
Development Department, a Phase II, or a Phase II and Phase III Environmental Site
Assessment, a risk assessment study or a risk management study; and,
2. information required from recognized environmental regulatory authorities to establish to the
satisfaction of the City of Edmonton that the property being reviewed is suitable for the intended
uses.
When an ESA, risk assessment or risk management report is required under these procedures,
selected Phase I ESA reports and all Phase II and Phase III ESA reports will be forwarded to Alberta
Environment, the Capital Health Authority and the City of Edmonton Transportation Department for
review and comment.
The Planning and Development Department will deem an application to be “supportable” with respect to
potential or confirmed environmental contamination when:
1. for a rezoning bylaw, road closure bylaw or subdivision application, the ESA report(s), other
information submitted by the applicant and information from recognized environmental
regulatory authorities indicate that the property that is subject to the application is suitable for its
intended uses;
2. for a rezoning bylaw to adopt a DC3 or other direct control land use zone, the proposed bylaw
prescribes the uses allowed and any requirements for remediation or risk management
measures to be met prior to approval of a development permit for the uses allowed on the site
by the direct control zone.
3. for an area or neighbourhood structure plan or plan amendment bylaw, the plan or amendment
identifies properties with potential or confirmed contamination and states that appropriate
investigation, remediation and risk management will be done before the Planning and
Development Department will support future rezoning or road closure bylaws and subdivision
applications involving the identified properties; or,
4. for a development permit involving property on which remediation or risk management of
contamination requirements are prescribed by a DC3 or other direct control land use zone, the
Development Officer determines, in consultation with appropriate recognized environmental
regulatory authorities, that required remediation has been completed or risk management has
been implemented.
CITY PROCEDURE
POLICY NUMBER:
C521
AUTHORITY:
City Manager
EFFECTIVE DATE:
TITLE:
Land Development Application Process Guidelines for Potentially
Contaminated Properties
PAGE: Page 6 of 10
The Planning and Development Department will deem an application to be “not supportable” due to
potential or confirmed environmental contamination where:
1. Information from a Phase I, Phase II or Phase III ESA, information from a recognized regulatory
authority, or other information indicates that a property that is subject to an application is or may
be contaminated;
2. the applicant fails to provide information that establishes the property is suitable for the intended
uses; and,
3. the application does not comply with any condition described in these procedures under which
the application will be deemed “supportable”.
Where an application has been deemed “not supportable” under these guidelines, the Planning and
Development Department shall:
1. for an application for a subdivision of one or more parcels of land, recommend that the
Subdivision Authority not approve the proposed subdivision;
2. for an application for a rezoning, road closure, or area or neighbourhood structure plan or plan
amendment bylaw, recommend that City Council not approve the proposed bylaw; and,
3. for an application for a development permit involving property for which remediation or risk
management requirements prescribed by a direct control land use zone have not been met, not
approve the application.
Remediation Requirements
The City will promote removal of contamination from a property to meet appropriate standards for
intended land uses over ongoing risk management approaches.
Any remediation done, or risk management measures implemented to ensure that a property is suitable
for its intended uses must meet the technical requirements and standards of Alberta Environment and
the Capital Health Authority, confirmed in writing to the satisfaction of the City of Edmonton.
Risk management approaches to dealing with environmental contamination will not be supported by the
City of Edmonton for properties where residential or residential related uses are proposed. Remediation
to standards set by Alberta Environment and the Capital Health Authority for residential uses will be
required.
CITY PROCEDURE
POLICY NUMBER:
C521
AUTHORITY:
City Manager
EFFECTIVE DATE:
TITLE:
Land Development Application Process Guidelines for Potentially
Contaminated Properties
PAGE: Page 7 of 10
Phase 1 ESA and Equivalent
A Phase 1 ESA report submitted in compliance with these procedures will have been completed no
more than one year prior to its submission with a planning or development application.
A Phase 1 ESA completed more than one and less than five years prior to submission with an
application may be accepted as equivalent to a current Phase 1 ESA with the following supplemental
information:


a statement from the property owner that he/she is not aware of possibility of contamination being
introduced to the site since the completion of the Phase 1 ESA; and,
an update letter based on a site inspection from an environmental professional and including
updated regulatory authority checks. Except that for greenfield sites as defined in these procedures,
the update letter from the environmental professional will not require updated regulatory authority
checks.
Public Information
Stakeholder organizations involved in the development of these procedures will be notified of any
change to the procedures.
Environmental reports accepted by the Planning and Development Department as part of an application
to which these procedures apply will be made available for public viewing at the offices of the
Department.
Attachments
Appendix 1: Disclaimer Statements
Appendix 2: Rezoning and Subdivision Applications Requiring a Phase I ESA
CITY PROCEDURE
POLICY NUMBER:
C521
AUTHORITY:
City Manager
EFFECTIVE DATE:
TITLE:
Land Development Application Process Guidelines for Potentially
Contaminated Properties
PAGE: Page 8 of 10
Appendix 1: Environmental Disclaimer Statement
General Disclaimer for Development and Building Permit Applications
All City of Edmonton development permit and building permit forms will contain the following disclaimer
statements:
On Development Permits
“The City of Edmonton does not conduct independent environmental checks of land within Edmonton. If
you are concerned about the suitability of this property, for any purpose, you should conduct your own
tests and reviews. The City of Edmonton, in issuing a development permit makes no representation and
offers no warranties as to the suitability of the property for any purpose or as to the presence or
absence of any environmental contaminants on the property.”
On Building Permits
“The City of Edmonton does not conduct independent environmental checks of land within Edmonton. If
you are concerned about the suitability of this property, for any purpose, you should conduct your own
tests and reviews. The City of Edmonton, in issuing a building permit makes no representation and
offers no warranties as to the suitability of the property for any purpose or as to the presence or
absence of any environmental contaminants on the property.”
Specific Disclaimer for Development and Building Permit Applications
In addition to the general disclaimer, a special disclaimer statement will be affixed to any permit that is
issued on properties that are known to have had contamination problems. The purpose of the
disclaimer is to advise the owner/applicant that there may be potential contamination on the property.
The special disclaimer statement is as follows:
“City of Edmonton records show that there may be a contamination problem on the property. The City
of Edmonton makes no representations about the suitability of the property for development or building
or about the existence or level of environmental contamination of this property. Further, the City makes
no representations as to the extent or effectiveness of any clean-up of the property. If you want further
information you should contact the City of Edmonton Emergency Response Department and/or Alberta
Environment.”
Appendix 1 Amendments: This Appendix will be amended by the General Manager of the Planning and
Development Department, when required, to incorporate changes arising from amendments to the Edmonton
Zoning Bylaw, environmental legislation, regulations and other requirements.
CITY PROCEDURE
POLICY NUMBER:
C521
AUTHORITY:
City Manager
EFFECTIVE DATE:
TITLE:
Land Development Application Process Guidelines for Potentially
Contaminated Properties
PAGE: Page 9 of 10
Appendix 2: Current Zoning Requiring ESA Report Submissions
Phase I ESA report must be submitted to the Planning and Development Department with road closure
bylaw, area or neighbourhood structure plan or plan amendment bylaw, rezoning and subdivision
applications involving properties that do not have Residential Use zoning at the time the application is
submitted, except when a rezoning is done in conjunction with an Area Redevelopment Plan bylaw.
Direct control bylaws that permit only residential uses will be considered Residential Zoning for the
purposes of these procedures.
Properties with land use zones that require submission of a Phase I ESA report include, but are not
limited to, properties with the following land use zones.
Commercial Zones
CNC
CSC
CB1
CB2
CHY
CO
Neighbourhood Convenience Commercial
Shopping Centre Zone
Low Intensity Business Zone
General Business Zone
Highway Corridor Zone
Commercial Office Zone
Industrial Zones
IB
IL
IM
IH
EIB
EIM
Industrial Business Zone
Light Industrial Zone
Medium Industrial Zone
Heavy Industrial Zone
Ellerslie Industrial Business Zone
Ellerslie Medium Industrial Zone
Urban Service and Alternative Jurisdiction Zones
US
PU
MA
MA1
MA2
MA3
AJ
Urban Services Zone
Public Utility Zone
Municipal Airport Zone
Municipal Airport Airfield Zone
Municipal Airport Business Industrial Zone
Municipal Airport General Business Zone
Alternative Jurisdiction Zone
CITY PROCEDURE
POLICY NUMBER:
C521
AUTHORITY:
City Manager
EFFECTIVE DATE:
TITLE:
Land Development Application Process Guidelines for Potentially
Contaminated Properties
PAGE: Page 10 of 10
Direct Control Zones that allow uses other than residential or residential related uses on the property
DC1
DC2
DC3
Direct Development Control Provision
Site Specific Development Control zoning
Site Specific Development Control for contaminated properties
Agricultural Zones
AG
AGU
AGI
Agricultural Zone
Urban Reserve Zone
Industrial Reserve Zone
Special Area Zones
HA
EZ
CCA
CMU
MSC
TTMU
GVC
CCNC
Heritage Area Zone
Enterprise Area Zone
Core Commercial/Arts Zone
Commercial Mixed Use Zone
Main Street Commercial Zone
Terwilleger Towne Mixed Use Zone
Griesbach Village Centre Zone
Clareview Campus Neighbourhood Commercial Zone
Appendix 2 Amendments
This Appendix may be amended by the General Manager of the Planning and Development
Department acting on the delegated authority of the City Manager to incorporate changes arising from
amendments to the Edmonton Zoning Bylaw