Search Results | Clear Search | Previous (in doc) | Next (in doc) | Prev Doc | Next Doc

"Point in Time" Regulation Content

Environmental Management Act

Contaminated Sites Regulation

B.C. Reg. 375/96

NOTE: Links below go to reg content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to present)
SECTIONEFFECTIVE DATE
Section 1 June 14, 2018
Section 3 October 4, 2010
Section 4 October 4, 2010
Section 9 May 1, 2010
Section 18 June 14, 2018
Section 18.1 June 14, 2018
Section 27 March 18, 2013
Section 40 July 19, 2016
Section 41 July 19, 2016
Section 42 July 19, 2016
Section 47 July 19, 2016
Section 58 July 19, 2016
Section 59 July 19, 2016
Schedule 2 January 24, 2013
Schedule 5 January 24, 2013
January 31, 2014
Schedule 6 May 31, 2011
Schedule 10 May 31, 2011

 Section 1 definitions of "medical health officer" and "provincial health officer" BEFORE amended by BC Reg 116/2018, effective June 14, 2018.

"medical health officer" means a medical health officer as defined in the Health Act;

"Provincial health officer" means the Provincial health officer appointed under the Health Act;

 Section 3 (4) BEFORE amended by BC Reg 286/2010, effective October 4, 2010.

(4)  Subject to section 4, an owner under the Petroleum and Natural Gas Act who is described in section 40 (3) of the Act must provide a site profile at the time the owner presents, in writing, an application for a certificate of restoration respecting a well, test hole or production facility under the Petroleum and Natural Gas Act.

 Section 4 (1) (d) BEFORE amended by BC Reg 286/2010, effective October 4, 2010.

(d) the site is the subject of a certificate of restoration issued under the Petroleum and Natural Gas Act, but only if the person has no reason to believe that there is contamination at the site that is not otherwise addressed in the certificate of restoration;

 Section 9 (4) BEFORE amended by BC Reg 112/2010, effective May 1, 2010.

(4)  The federal goods and services tax, if payable, must be added to the fees payable.

 Section 18 (1) to (4) BEFORE amended by BC Reg 116/2018, effective June 14, 2018.

(1) The remediation standards have been met for a specific contaminated site if a responsible person satisfies a director that

(a) for any non-threshold carcinogenic substance, the calculated human lifetime cancer risk due to exposure to that substance at the site is less than or equal to a risk value recommended by the local medical health officer for the site, and

(b) for any substance for which a hazard index is calculated, the hazard index due to exposure of a human to that substance at the site is less than a maximum hazard index recommended by the local medical health officer for that site.

(2) A responsible person who asks a director for a decision that the standards in subsection (1) have been met for a contaminated site must

(a) provide information to support and justify the basis for the request, and

(b) participate in and pay for a public community based consultation process facilitated by the local medical health officer which

(i) is for the purpose of developing a recommendation on the acceptable level of human health risk for the site,

(ii) will consider remediation options in relation to levels of resulting human health risk at the site,

(iii) will be conducted in conjunction with any requirement under section 52 of the Act and section 55 (1) of this regulation, and

(iv) is carried out over a time period not exceeding 3 months from the date of the request under subsection (1) unless the person making the request, the local medical health officer and the director agree to an alternate time period.

(3) Despite subsections (1) and (2), a director must consider a contaminated site to have been satisfactorily remediated without review and recommendation by the local medical health officer if

(a) for each non-threshold carcinogenic substance, the calculated human lifetime cancer risk due to exposure to that substance at the site is less than or equal to one in 100 000, and

(b) for each substance for which a hazard index is calculated, the hazard index due to exposure of a human to that substance at the site is less than or equal to one.

(4) A director must not decide that the standards in subsection (1) have been met before receiving written recommendations with supporting rationale from the local medical health officer respecting the matters described in subsection (1) (a) and (b).

 Section 18.1 (1) to (4) BEFORE amended by BC Reg 116/2018, effective June 14, 2018.

(1) The remediation standards have been met with respect to a substance from a source specified under section 14 if a director is satisfied that

(a) the risk to human health due to exposure to that substance at the site is less than or equal to a maximum value recommended by the medical health officer for the wide area site,

(b) the maximum value recommended by the medical health officer under paragraph (a) takes a form other than that of a hazard index or cancer risk, and

(c) the recommendation under paragraph (a) has been reviewed and endorsed by the Provincial health officer.

(2) A responsible person who asks a director for a decision that the standards in subsection (1) have been met for a contaminated site must

(a) provide information to support and justify the basis for the request, and

(b) participate in and pay for a public community based consultation process, acceptable to and facilitated by the medical health officer, that

(i) is for the purpose of developing a recommendation on the acceptable level of human exposure and health risk for the site,

(ii) considers remediation options in relation to levels of human exposure and health risk at the site,

(iii) is conducted in conjunction with any requirement under section 52 of the Act and section 55 (1) of this regulation, and

(iv) is carried out over a time period not exceeding 6 months from the date of the request under subsection (1), unless the person making the request, the medical health officer and the director agree to an alternate time period.

(3) A director must not decide that the standards in subsection (1) have been met before receiving written recommendations with supporting rationale from the medical health officer respecting the matters described in subsection (1) (a) and a written review and endorsement of the recommendations from the Provincial health officer under subsection (1) (c).

(4) Despite subsections (1) and (2), the director must consider a wide area site to have been satisfactorily remediated with respect to each substance from a source specified in section 14 without review and recommendation from the medical health officer if

(a) for each non-threshold carcinogenic substance, the calculated human lifetime cancer risk due to exposure to that substance at the site is less than or equal to one in 100 000, and

(b) for each substance for which a hazard index is calculated, the hazard index due to exposure of a human to that substance at the site is less than or equal to one.

 Section 27 (1) definition of "trustee" paragraph (d) BEFORE amended by BC Reg 365/2012, effective March 18, 2013.

(d) a guardian of the estate of an infant, and

 Section 27 (1) definition of "trust property" paragraph (c) BEFORE amended by BC Reg 365/2012, effective March 18, 2013.

(c) in relation to a guardian of an infant, the infant's property.

 Section 40 (2) (c) BEFORE repealed by BC Reg 184/2016, effective July 19, 2016.

(c) the soil at the source site contains hazardous waste,

 Section 41 (3) (e) BEFORE repealed by BC Reg 184/2016, effective July 19, 2016.

(e) relocation of soil to an authorized hazardous waste storage or treatment facility;

 Section 42 (1) (b) (v) BEFORE repealed by BC Reg 184/2016, effective July 19, 2016.

(v) the site will be used only for waste disposal, but the contaminated soil must not be a hazardous waste unless the hazardous waste is authorized for disposal under the Hazardous Waste Regulation.

 Section 47 (7) BEFORE amended by BC Reg 184/2016, effective July 19, 2016.

(7) In relation to an application for an approval in principle described in subsection (6), the Public Notification Regulation does not apply with respect to the facility, except for a hazardous waste treatment or disposal project under that regulation.

 Section 58 (1) (b) (iv) BEFORE amended by BC Reg 184/2016, effective July 19, 2016.

(iv) assessment of substance concentrations relative to the standards in the Hazardous Waste Regulation and the criteria, standards and conditions prescribed in this regulation, and

 Section 58 (5) (d) (i) BEFORE amended by BC Reg 184/2016, effective July 19, 2016.

(i) the contamination in soil, groundwater, sediments and surface water in relation to standards in the Hazardous Waste Regulation and the criteria, standards and conditions prescribed in this regulation, and

 Section 59 (2) (c) BEFORE amended by BC Reg 184/2016, effective July 19, 2016.

(c) evaluate contamination relative to standards in the Hazardous Waste Regulation and in this regulation.

 Section 59 (3) (c) (i) BEFORE amended by BC Reg 184/2016, effective July 19, 2016.

(i) the contamination in soil, groundwater, sediments or surface water in relation to standards in the Hazardous Waste Regulation and the criteria, standards and conditions prescribed and in this regulation, and

 Schedule 2 item H, 20 BEFORE amended by BC Reg 6/2013, effective January 24, 2013.

20.special waste storage, treatment or disposal

 Schedule 5 table for arsenic, Column VI BEFORE amended by BC Reg 6/2013, effective January 24, 2013.

Intake of contaminated soil100100100300 3,4

 Schedule 5 note 3 for arsenic BEFORE amended by BC Reg 6/2013, effective January 24, 2013.

3. Standard has been derived based on results of clinical studies at sites. Standard represents the rounded sum of the toxicologically-based value plus the soil ingestion clinical study factor. For AL, PL and RL the soil ingestion clinical study factor is 80 μg/g. For CL soil ingestion the clinical study factor is 240 μg/g.

4. Intake pathway of exposure modeled is inadvertent ingestion of soil.

 Schedule 5 table for barium, Column VI BEFORE amended by BC Reg 6/2013, effective January 24, 2013.

Intake of contaminated soil6 5006 5006 50020 000 3

 Schedule 5 table for benzene, Column VI BEFORE amended by BC Reg 6/2013, effective January 24, 2013.

Intake of contaminated soil1000100010004000 3

 Schedule 5 table for benzo[a]pyrene, Column VI BEFORE amended by BC Reg 6/2013, effective January 24, 2013.

Intake of contaminated soil55515 3

 Schedule 5 table for cadmium, Column VI BEFORE amended by BC Reg 6/2013, effective January 24, 2013.

Intake of contaminated soil3 or 353 or 353 or 35100 3,4,5

 Schedule 5 notes 3 and 4 for cadmium BEFORE amended by BC Reg 6/2013, effective January 24, 2013.

3. If land is used to grow produce for human consumption, the standard is 3 μg/g; if not, the standard is 35 μg/g.

4. The 3 μg/g standard has been derived based on results of clinical studies at sites. It represents the rounded remainder of the toxicologically-based value, 35 μg/g, minus the soil ingestion clinical study factor, 32 μg/g.

 Schedule 5 table for chloride ion BEFORE amended by BC Reg 6/2013, effective January 24, 2013.

Intake of contaminated soil> 1 000 mg/g> 1 000 mg/g> 1 000 mg/g> 1 000 mg/g 3,4

 Schedule 5 table for chromium, Column VI BEFORE amended by BC Reg 6/2013, effective January 24, 2013.

Intake of contaminated soil100100100300 3,4

 Schedule 5 table for copper, Column VI BEFORE amended by BC Reg 6/2013, effective January 24, 2013.

Intake of contaminated soil15 00015 00015 00050 000 3

 Schedule 5 table, under heading Note for dichloro-diphenyl-trichloroethane BEFORE amended by BC Reg 6/2013, effective January 24, 2013.

COLUMN ICOLUMN IICOLUMN IIICOLUMN IVCOLUMN VCOLUMN VINote
Site-specific FactorSOIL STANDARD FOR PROTECTION OF SITE-SPECIFIC FACTOR 
Agricultural
(AL)
Urban Park
(PL)
Residential
(RL)
Commercial
(CL)
Industrial
(IL)
2

 Schedule 5 table, Column VI for dichloro-diphenyl-trichloroethane BEFORE amended by BC Reg 6/2013, effective January 24, 2013.

Intake of contaminated soil15151550 4

 Schedule 5 Note 2 below dichloro-diphenyl-trichloroethane BEFORE amended by BC Reg 6/2013, effective January 24, 2013.

2. Includes DDT metabolites.

 Schedule 5 table, Column VI for ethylbenzene BEFORE amended by BC Reg 6/2013, effective January 24, 2013.

Intake of contaminated soil3 5003 5003 50010 000 3

 Schedule 5 table, Column VI for ethylene glycol BEFORE amended by BC Reg 6/2013, effective January 24, 2013.

Intake of contaminated soil65 00065 00065 000200 000 3

 Schedule 5 table, Note 4 for lead BEFORE amended by BC Reg 6/2013, effective January 24, 2013.

4. Standard has been derived based on clinical studies at sites. Standard represents the rounded sum of the toxicologically-based value, 115 μg/g, plus the soil ingestion clinical study factor, 385 μg/g. For CL soil ingestion the clinical study factor is 650 μg/g.

 Schedule 5 table, Column VI for mercury (inorganic), BEFORE amended by BC Reg 6/2013, effective January 24, 2013.

Intake of contaminated soil15151540 3

 Schedule 5 table, Column VI for pentachlorophenol BEFORE amended by BC Reg 6/2013, effective January 24, 2013.

Intake of contaminated soil100100100300 3

 Schedule 5 table, Column VI for polychlorinated biphenyls BEFORE amended by BC Reg 6/2013, effective January 24, 2013.

Intake of contaminated soil55515 4

 Schedule 5 table, Column VI for polychlorinated dioxins and furans BEFORE amended by BC Reg 6/2013, effective January 24, 2013.

Intake of contaminated soil0.000350.000350.000350.001 4

 Schedule 5 table, Column VI for sodium ion BEFORE amended by BC Reg 6/2013, effective January 24, 2013.

Intake of contaminated soil> 1 000 mg/g> 1 000 mg/g> 1 000 mg/g> 1 000 mg/g 3

 Schedule 5 table, Column VI for tetrachlorethylene BEFORE amended by BC Reg 6/2013, effective January 24, 2013.

Intake of contaminated soil1 0001 0001 0003 500 3

 Schedule 5 table, Column VI for toluene BEFORE amended by BC Reg 6/2013, effective January 24, 2013.

Intake of contaminated soil40 00040 00040 000100 000 3

 Schedule 5 table, Column VI for trichlorethylene BEFORE amended by BC Reg 6/2013, effective January 24, 2013.

Intake of contaminated soil200200200600 3

 Schedule 5 table, Column VI for xylene BEFORE amended by BC Reg 6/2013, effective January 24, 2013.

Intake of contaminated soil65 00065 00065 000200 000 3

 Schedule 5 heading for Zinc (Chemical Abstract Service # 7440-66), BEFORE amended by BC Reg 6/2013, effective January 24, 2013.

Zinc (Chemical Abstract Service # 7440-66)

 Schedule 5 table, Column VI for zinc BEFORE amended by BC Reg 6/2013, effective January 24, 2013.

Intake of contaminated soil10 00010 00010 00030 000 3

 Schedule 5 table, substance lead BEFORE amended by BC Reg 4/2014, effective January 31, 2014.

COLUMN ICOLUMN IICOLUMN IIICOLUMN IVCOLUMN VCOLUMN VINote
Site-specific FactorSOIL STANDARD FOR PROTECTION OF SITE-SPECIFIC FACTOR 
Agricultural
(AL)
Urban Park
(PL)
Residential
(RL)
Commercial
(CL)
Industrial
(IL)
2
HUMAN HEALTH PROTECTION      
Intake of contaminated soil5005005001000 3,4
Groundwater used for drinking water      
pH < 6.01001001001001005,6
pH 6.0 — < 6.52502502502502505,6
pH ≥ 6.54 0004 0004 0004 0004 0005,6
ENVIRONMENTAL PROTECTION      
Toxicity to soil invertebrates and plants1 0001 0001 0002 0002 000 
Livestock ingesting soil and fodder350     
Major microbial functional impairmentNS    7
Groundwater flow to surface water used by aquatic life      
pH < 5.51501501501501505,6
pH 5.5 — < 6.02502502502502505,6
pH 6.0 — < 6.52 0002 0002 0002 0002 0005,6
pH ≥ 6.540 00040 00040 00040 00040 0005,6
Groundwater used for livestock watering      
pH < 5.5150    5,6
pH 5.5 — < 6.0250    5,6
pH 6.0 — < 6.51 500    5,6
pH ≥ 6.530 000    5,6
Groundwater used for irrigation      
pH < 5.5150150150  5,6
pH 5.5 — < 6.0400400400  5,6
pH 6.0 — < 6.53 5003 5003 500  5,6
pH ≥ 6.5100 000100 000100 000  5,6

Notes

1. All values in μg/g unless otherwise stated. Substances must be analyzed using methods specified in a director's protocol or alternate methods acceptable to the director.

2. The site-specific factors of human intake of contaminated soil and toxicity to soil invertebrates and plants specified in this matrix apply at all sites.

3. Intake pathway of exposure modeled is inadvertent ingestion of soil.

4. Insufficient acceptable data exists, so standards are set equal to the Canadian Council of Ministers of the Environment 1999 provisional soil quality criteria.

5. The pH is the pH of the soil at a site.

6. Standard has been adjusted based on a reference provincial background soil concentration. Standard represents the rounded sum of the toxicologically-based value plus the reference provincial background soil concentration. For all land uses, the reference provincial background soil concentration is 108.6 μg/g.

 Schedule 6, substances "aluminum", "iron", "manganese" and "MCPA" BEFORE amended by BC Reg 97/2011, effective May 31, 2011.

aluminum 5 0005 000200
iron 5 000 30011
manganese 200 5011
MCPA52266, 4280.52925

 Schedule 6, footnotes 56 and 57 were added amended by BC Reg 97/2011, effective May 31, 2011.

 Schedule 6, Column III and Column V of the entry for iron BEFORE amended by BC Reg 6/2013, effective January 24, 2013.

iron 5 000 6 50056,57

 Schedule 6, Column III and Column V of the entry for manganese BEFORE amended by BC Reg 6/2013, effective January 24, 2013.

manganese 200 55056,57

 Schedule 6, footnotes 58 to 61 were added by BC Reg 6/2013, effective January 24, 2013.

 Schedule 10, substance "manganese" BEFORE amended by BC Reg 97/2011, effective May 31, 2011.

manganese7439-96-51 80019 00050

 Schedule 10, substances "MCPA (2-methyl-4-chlorophenoxyacetic acid)" and "2-methyl-4-chlorophenoxyacetic acid (MCPA)" BEFORE amended by BC Reg 97/2011, effective May 31, 2011.

MCPA (2-methyl-4-chlorophenoxyacetic acid)94-74-63131018
2-methyl-4-chlorophenoxyacetic acid (MCPA)94-74-63131018

 Schedule 10, footnotes 10 and 11 were added by BC Reg 97/2011, effective May 31, 2011.

 Schedule 10 table, Column V entry for manganese BEFORE amended by BC Reg 6/2013, effective January 24, 2013.

manganese7439-96-51 80019 00055010,11