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"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 3 October 4, 2010
Section 4 October 4, 2010
Section 9 May 1, 2010
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 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 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 Section 40(2)(c) BEFORE repealed by BC Reg 184/2016 effective July 19, 2016.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 Section 41(3)(e) BEFORE repealed by BC Reg 184/2016 effective July 19, 2016.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 Section 42(1)(b)(v) BEFORE repealed by BC Reg 184/2016 effective July 19, 2016.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, 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