jswizzle3737/ontario_laws_and_regs huggingface dataset:
33.7
 33.7 (1) Where a qualified person retained by or on behalf of an owner who wishes to submit a record of site condition for filing is not the same qualified person who conducted or supervised the phase two environmental site assessment, the qualified person who has been retained with respect to submission of the record of site condition for filing shall review the phase two environmental site assessment and any other material necessary to determine whether, (a)  the phase two environmental site assessment meets the requirements of this Part and Schedule E for a phase two environmental site assessment, including the requirements for a phase two environmental site assessment report; (b)  the phase two conceptual site model accurately reflects the environmental condition of the phase two property prior to any actions taken to reduce the concentration of contaminants; and (c)  there is no new or materially changed area of potential environmental concern at the phase two property.  O. Reg. 511/09, s. 14. (2) The qualified person referred to in subsection (1) shall, before submitting the record of site condition or commencing a risk assessment, conduct or supervise such work on a phase two environmental site assessment as may be necessary to achieve the general objectives in subsection 33.1 (1) and the specific objectives and requirements for the components of the assessment set out in Schedule E, if the qualified person determines that, (a)  the phase two environmental site assessment conducted or supervised by another qualified person does not meet the requirements referred to in clause (1) (a); (b)  the phase two conceptual site model does not accurately represent the environmental condition of the phase two property prior to any actions taken to reduce the concentration of contaminants; or (c)  there is a new or materially changed area of potential environmental concern at the phase one property.  O. Reg. 511/09, s. 14. (3) The work referred to in subsection (2) includes the conduct and supervision of all or part of a phase two environmental site assessment, the preparation of all or part of a phase two environmental site assessment report or update to the report and the preparation of any documentary components of the report, such as a phase two conceptual site model.  O. Reg. 511/09, s. 14. (4) Nothing in this section shall be construed so as to derogate from any obligations imposed on the qualified person under the Professional Engineers Act
or the Professional Geoscientists Act, 2000.  O. Reg. 511/09, s. 14.
33.8
 33.8 (1) If, before October 1, 2004, a report was completed for the purposes of a detailed site assessment as referred to in section 8.2 of the Cleanup Guideline 1996, the detailed site assessment is deemed to be a phase two environmental site assessment for the purpose of section 168.1 of the Act if a qualified person reviews the report and certifies that the detailed site assessment was completed in accordance with this Part, except clause 33.5 (1) (a).  O. Reg. 511/09, s. 14. (2) If, before October 1, 2004, a detailed site assessment as referred to in section 8.2 of the Cleanup Guideline 1996 in respect of a property was commenced, but not completed, the detailed site assessment satisfies the requirements of this Regulation for a phase two environmental site assessment if, (a)  a qualified person certifies in writing in the phase two environmental assessment report required under section 33 that the components of the detailed site assessment completed before October 1, 2004 meet the requirements of this Regulation, except clause 33.5 (1) (a), with respect to a phase two environmental site assessment, except that they were not conducted or supervised by a qualified person; and (b)  a phase two environmental site assessment is completed that consists of, (i)  a review by a qualified person of those components of the detailed site assessment completed before October 1, 2004, and (ii)  the completion of those components required under this Part that were not completed by October 1, 2004.  O. Reg. 511/09, s. 14. part IX   site condition standards and risk assessments Site Condition Standards
PART IX SITE CONDITION STANDARDS AND RISK ASSESSMENTS
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Site Condition Standards
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34.
 34. (1) For the purpose of sub-subparagraph 4 i A of subsection 168.4 (1) of the Act, the prescribed contaminants and the full depth background site condition standards for those contaminants are those set out in Table 1 of the Soil, Ground Water and Sediment Standards.  O. Reg. 153/04, s. 34 (1). (2) The property meets the applicable full depth background site condition standards for the prescribed contaminants, in relation to the type of property use for which the record of site condition is filed, if the following criteria are satisfied: 1.  In each of the following media that exist at the property, the concentration of the contaminants does not exceed the standards in relation to the medium for that type of property use set out in Table 1 of the Soil, Ground Water and Sediment Standards: i.  Soil, not including sediment (if any). ii.  Sediment. 2.  If ground water sampling was carried out at the property as part of the phase two environmental site assessment, the concentration of the contaminants in the ground water does not exceed the standards in relation to ground water for that type of property use set out in Table 1 of the Soil, Ground Water and Sediment Standards.  O. Reg. 153/04, s. 34 (2).
35.
 35. (1) This section applies in respect of the following: 1.  The full depth generic site condition standards in a non-potable groundwater condition prescribed under section 37 for the purposes of sub-subparagraph 4 i B of subsection 168.4 (1) of the Act. 2.  The stratified site condition standards in a non-potable groundwater condition prescribed under section 39 for the purposes of sub-subparagraph 4 i C of subsection 168.4 (1) of the Act. O. Reg. 407/19, s. 13; O. Reg. 776/20, s. 2 (1). (2) The standards mentioned in subsection (1) apply in relation to the contaminants prescribed under section 37 or 39, as the case may be, only if the following circumstances apply: 1.  The property, and all other properties located, in whole or in part, within 250 metres of the boundaries of the property, are supplied by a municipal drinking water system, as defined in the Safe Drinking Water Act, 2002. 2.  The record of site condition does not specify agricultural or other use as the type of property use for which the record of site condition is filed. 3.  If either of the following circumstances applies, the municipality referred to in subsection (3) has consented in writing to the application of the standards mentioned in subsection (1) in preparing a record of site condition for the property: i.  The property is located in an area designated in the municipal official plan as a well-head protection area or other designation identified by the municipality for the protection of groundwater. ii.  The property or one of the properties in the phase one study area has a well used or intended for use as a source of water for human consumption or agriculture. 4.  If neither of the circumstances in paragraph 3 applies, i.  the owner has given the clerk of the municipality referred to in subsection (3) written notice of intention to apply the standards in preparing a record of site condition for the property, and ii.  the municipality has, A.  given written notice to the owner that it does not object to the application of the standards, B.  not given any written notice to the owner that it objects to the application of the standards within 30 days after receiving the notice described in subparagraph i, or C.  given written notice to the owner that it objects to the application of the standards and subsequently withdrawn the objection in writing. O. Reg. 407/19, s. 13; O. Reg. 776/20, s. 2 (2). (3) The applicable municipality in respect of a property is the following: 1.  If the property is located in a single tier municipality, the single tier municipality. 2.  If the property is located in a two tier municipality, the municipality that has authority under the Municipal Act, 2001 to pass by-laws respecting water production, treatment and storage. O. Reg. 407/19, s. 13. (4) A person authorized by the owner of a property to give or receive a notice referred to in this section may do so instead of the owner. O. Reg. 407/19, s. 13.
36.
 36. (1) Revoked: O. Reg. 407/19, s. 14. (2) Subject to subsection (2.1), for the purpose of sub-subparagraph 4 i B of subsection 168.4 (1) of the Act, the prescribed contaminants and the applicable prescribed full depth generic site condition standards for those contaminants are those set out in Table 2 of the Soil, Ground Water and Sediment Standards.  O. Reg. 153/04, s. 36 (2); O. Reg. 511/09, s. 16 (1). (2.1) Subject to subsection (4), for the purposes of sub-subparagraph 4 i B of subsection 168.4 (1) of the Act, the prescribed contaminants and the applicable prescribed full depth generic site condition standards for those contaminants are, (a)  in the case of a property described in clause 43.1 (1) (a), those set out in Table 6 of the Soil, Ground Water and Sediment Standards; and (b)  in the case of a property described in clause 43.1 (1) (b), those set out in Table 8 of the Soil, Ground Water and Sediment Standards.  O. Reg. 511/09, s. 16 (2). (3) The property meets the applicable full depth generic site condition standards for the prescribed contaminants, in relation to the type of property use for which the record of site condition is filed, if the following criteria are satisfied: 1.  In each of the following media that exist at the property, the concentration of the contaminants does not exceed the standards in relation to the medium for that type of property use set out in Table 2, Table 6 or Table 8, as the case may be, of the Soil, Ground Water and Sediment Standards: i.  In the case of standards set out in Table 2 or Table 6, soil, not including sediment (if any). ii.  In the case of standards set out in Table 8, A.  soil, not including sediment (if any), and B.  sediment. 2.  If ground water sampling was carried out at the property as part of the phase two environmental site assessment, the concentration of the contaminants in the ground water does not exceed the standards in relation to ground water for that type of property use set out in Table 2, Table 6 or Table 8, as the case may be, of the Soil, Ground Water and Sediment Standards.  O. Reg. 153/04, s. 36 (3); O. Reg. 511/09, s. 16 (3, 4). (4) If each of clauses 43.1 (1) (a) and (b) apply to a property and the applicable full depth generic standard for a contaminant that is set out in Table 6 is different from the applicable full depth generic standard that is set out in Table 8, the applicable full depth generic standard for the contaminant is the standard that prescribes the lower concentration for the contaminant.  O. Reg. 511/09, s. 16 (5).
37.
 37. (1) Revoked: O. Reg. 407/19, s. 15 (1). (2) Subject to subsection (2.1) and subsection 35 (2), for the purpose of sub-subparagraph 4 i B of subsection 168.4 (1) of the Act, the prescribed contaminants and the applicable full depth generic site condition standards for those contaminants are those set out in Table 3 of the Soil, Ground Water and Sediment Standards.  O. Reg. 153/04, s. 37 (2); O. Reg. 511/09, s. 17 (1); O. Reg. 407/19, s. 15 (2). (2.1) Subject to subsection (4), for the purposes of sub-subparagraph 4 i B of subsection 168.4 (1) of the Act, the prescribed contaminants and the applicable full depth generic site condition standards for those contaminants are, (a)  in the case of a property described in clause 43.1 (1) (a), those set out in Table 7 of the Soil, Ground Water and Sediment Standards; and (b)  in the case of a property described in clause 43.1 (1) (b), those set out in Table 9 of the Soil, Ground Water and Sediment Standards.  O. Reg. 511/09, s. 17 (2). (3) The property meets the applicable full depth generic site condition standards for the prescribed contaminants, in relation to the type of property use for which the record of site condition is filed, if the following criteria are satisfied: 1.  In each of the following media that exist at the property, the concentration of the contaminants does not exceed the standards in relation to the medium for that type of property use set out in Table 3, Table 7 or Table 9, as the case may be, of the Soil, Ground Water and Sediment Standards: i.  In the case of standards set out in Table 3 or Table 7, soil, not including sediment (if any). ii.  In the case of standards set out in Table 9, A.  soil, not including sediment (if any), and B.  sediment. 2.  If ground water sampling was carried out at the property as part of the phase two environmental site assessment, the concentration of the contaminants in the ground water does not exceed the standards in relation to ground water for that type of property use set out in Table 3, Table 7 or Table 9, as the case may be, of the Soil, Ground Water and Sediment Standards.  O. Reg. 153/04, s. 37 (3); O. Reg. 511/09, s. 17 (3, 4). (4) If each of clauses 43.1 (1) (a) and (b) apply to a property and the applicable full depth generic standard for a contaminant that is set out in Table 7 is different from the applicable full depth generic standard that is set out in Table 9, the applicable full depth generic standard for the contaminant is the standard that prescribes the lower concentration for the contaminant.  O. Reg. 511/09, s. 17 (5).
38.
 38. (1) Revoked: O. Reg. 407/19, s. 16. (2) For the purpose of sub-subparagraph 4 i C of subsection 168.4 (1) of the Act, the prescribed contaminants and the applicable stratified site condition standards for those contaminants are as set out in Table 4 of the Soil, Ground Water and Sediment Standards.  O. Reg. 153/04, s. 38 (2). (3) The property meets the applicable stratified site condition standards for the prescribed contaminants, in relation to the type of property use for which the record of site condition is filed, if the following criteria are satisfied: 1.  In each of the following media that exist at the property, the concentration of the contaminants does not exceed the standards in relation to the medium for that type of property use set out in Table 4 of the Soil, Ground Water and Sediment Standards: i.  Surface soil, not including sediment (if any). ii.  Subsurface soil, not including sediment (if any). iii.  Sediment. 2.  If ground water sampling was carried out at the property as part of the phase two environmental site assessment, the concentration of the contaminants in the ground water does not exceed the standards in relation to ground water for that type of property use set out in Table 4 of the Soil, Ground Water and Sediment Standards.  O. Reg. 153/04, s. 38 (3).
39.
 39. (1) Revoked: O. Reg. 407/19, s. 17 (1). (2) Subject to subsection 35 (2), for the purpose of sub-subparagraph 4 i C of subsection 168.4 (1) of the Act, the prescribed contaminants and the applicable stratified site condition standards for those contaminants are as set out in Table 5 of the Soil, Ground Water and Sediment Standards.  O. Reg. 153/04, s. 39 (2); O. Reg. 407/19, s. 17 (2). (3) The property meets the applicable stratified site condition standards for the prescribed contaminants, in relation to the type of property use for which the record of site condition is filed, if the following criteria are satisfied: 1.  In each of the following media that exist at the property, the concentration of the contaminants does not exceed the standards in relation to the medium for that type of property use set out in Table 5 of the Soil, Ground Water and Sediment Standards: i.  Surface soil, not including sediment (if any). ii.  Subsurface soil, not including sediment (if any). iii.  Sediment. 2.  If ground water sampling was carried out at the property as part of the phase two environmental site assessment, the concentration of the contaminants in the ground water does not exceed the standards in relation to ground water for that type of property use set out in Table 5 of the Soil, Ground Water and Sediment Standards.  O. Reg. 153/04, s. 39 (3).
40.
 40. The qualified person shall not use the applicable stratified site conditions standards pursuant to sub-subparagraph 4 i C of subsection 168.4 (1) of the Act in certifying the record of site condition for the purposes of paragraph 4 of subsection 168.4 (1) of the Act if agricultural or other use is specified under paragraph 3 of subsection 168.4 (2) of the Act as the type of property use for which the record of site condition is filed.  O. Reg. 153/04, s. 40.
41.
 41. (1) This section applies in relation to a property if, (a)  the property is, (i)  within an area of natural significance, (ii)  includes or is adjacent to an area of natural significance or part of such an area, or (iii)  includes land that is within 30 metres of an area of natural significance or part of such an area; (b)  the soil at the property has a pH value as follows: (i)  for surface soil, less than 5 or greater than 9, (ii)  for sub-surface soil, less than 5 or greater than 11; or (c), (d)  Revoked:  O. Reg. 511/09, s. 18 (3). (e)  a qualified person is of the opinion that, given the characteristics of the property and the certifications the qualified person would be required to make in a record of site condition in relation to the property as specified in Schedule A, it is appropriate to apply this section to the property.  O. Reg. 153/04, s. 41 (1); O. Reg. 511/09, s. 18 (1-3). (2) If this section applies, the qualified person shall not use the following standards in certifying the record of site condition for the purposes of paragraph 4 of subsection 168.4 (1) of the Act: 1.  The applicable full-depth generic site condition standards pursuant to sub-subparagraph 4 i B of subsection 168.4 (1) of the Act. 2.  The applicable stratified site condition standards pursuant to sub-subparagraph 4 i C of subsection 168.4 (1) of the Act.  O. Reg. 153/04, s. 41 (2). (3) Revoked:  O. Reg. 511/09, s. 18 (4).
42.
 42. (1) If, in respect of a contaminant, a cell in a table in the Soil, Ground Water and Sediment Standards sets one standard for coarse textured soil and another standard for medium and fine textured soil for the contaminant, the qualified person shall apply the following rules in determining which standard applies to a property for that contaminant: 1.  If the qualified person determines that at least 1/3 of the soil at the property, measured by volume, consists of coarse textured soil, the qualified person shall apply the standard for coarse textured soil. 2.  In any other case, the qualified person may apply the standard for medium and fine textured soil.  O. Reg. 153/04, s. 42 (1). (2) In this section, “coarse textured soil” means soil that contains more than 50 per cent by mass of particles that are 75 micrometres or larger in mean diameter; “medium and fine textured soil” means soil that contains 50 per cent or more by mass of particles that are smaller than 75 micrometres in mean diameter.  O. Reg. 153/04, s. 42 (2); O. Reg. 511/09, s. 19.
43.
 43. (1) If a cell in a table in the Soil, Ground Water and Sediment Standards indicates “N/A” or “N/V” in respect of a contaminant found in an environmental medium in relation to a type of property use, no applicable site condition standard is prescribed for that contaminant found in that environmental medium in relation to that type of property use.  O. Reg. 153/04, s. 43 (1). (2) In cases where a cell in a table in the Soil, Ground Water and Sediment Standards indicates “N/V” as referenced in subsection (1), if the contaminant is detected in the environmental medium on, in or under a property and is associated with potentially contaminating activity, the owner of the property may submit to the Director a new science risk assessment described in section 9 of Schedule C, if the owner or qualified person is of the opinion that a risk assessment is necessary in order to complete the certifications in a record of site condition prescribed by Schedule A.  O. Reg. 511/09, s. 20. (3) In cases where a contaminant is detected on, in or under a property and the contaminant is not listed in the table that sets out the applicable site conditions standards in the Soil, Ground Water and Sediment Standards and is associated with potentially contaminating activity, the owner of the property may submit to the Director a new science risk assessment described in section 9 of Schedule C, if the owner or qualified person is of the opinion that a risk assessment is necessary in order to complete the certifications in a record of site condition prescribed by Schedule A.  O. Reg. 511/09, s. 20.
43.1
 43.1 (1) This section applies in relation to a property if, (a)  the property is a shallow soil property; or (b)  the property includes all or part of a water body or is adjacent to a water body or includes land that is within 30 metres of a water body.  O. Reg. 511/09, s. 21. (2) If this section applies, the qualified person shall not use the applicable stratified site condition standards pursuant to sub-subparagraph 4 i C of subsection 168.4 (1) of the Act in certifying the record of site condition for the purposes of paragraph 4 of subsection 168.4 (1) of the Act.  O. Reg. 511/09, s. 21. (3) In this section, “shallow soil property” means a property of which 1/3 or more of the area consists of soil equal to or less than 2 metres in depth beneath the soil surface, excluding any non-soil surface treatment such as asphalt, concrete or aggregate; “soil” means, for the purposes of the definition of shallow soil property, unconsolidated naturally occurring mineral particles and other naturally occurring material resulting from the natural breakdown of rock or organic matter by physical, chemical or biological processes that are smaller than 2 millimetres in size or that pass the US #10 sieve, and includes a mixture of soil and rock if less than 50 per cent by mass of the mixture is rock.  O. Reg. 511/09, s. 21. Risk Assessments
Risk Assessments
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44.
 44. (1) Subject to subsection (2) and section 45, a risk assessment shall be prepared and submitted in accordance with Schedule C.  O. Reg. 153/04, s. 44 (1). (2) A site specific risk assessment of a property as referred to in the Cleanup Guideline 1996 that was commenced, but not completed, before this Regulation came into force satisfies the requirements of this Regulation if, (a)  in an appendix to the risk assessment report prepared and submitted in accordance with Schedule C, a qualified person certifies in writing that the components of the site specific risk assessment completed before this Regulation came into force meet the requirements of this Regulation with respect to a risk assessment, except that they were not completed by a qualified person; and (b)  a risk assessment is completed that consists of, (i)  a review by a qualified person of those components of the site specific risk assessment completed before this Regulation came into force, and (ii)  the completion of those components required under Schedule C that were not completed at the time this Regulation came into force.  O. Reg. 153/04, s. 44 (2). (3) A site specific risk assessment of a property as referred to in the Cleanup Guideline 1996 that was submitted to Ministry, but not approved by the Ministry under the Guideline before this Regulation came into force, satisfies the requirements of this Regulation, if the Director determines that the site specific risk assessment complies with the requirements specified in section 4 of Schedule C, except that the site specific risk assessment was not completed by a qualified person.  O. Reg. 153/04, s. 44 (3).
45.
 45. (1) If a site specific risk assessment in respect of a property was completed and submitted to the Ministry under the Cleanup Guideline 1996 before this Regulation came into force and was approved by the Ministry under the Guideline, the approved site specific assessment is deemed to be a risk assessment that has been accepted by the Director under section 168.5 of the Act for the purposes of the Act and this Regulation.  O. Reg. 153/04, s. 45 (1). (2) The following provisions do not apply to a site specific risk assessment that is deemed to be a risk assessment under subsection (1), if the site specific risk assessment does not specify a standard with respect to a contaminant: 1.  Sub-subparagraph 4 (ii) C of subsection 168.4 (1) of the Act. 2.  Paragraph 3 of subsection 21 (2) of Schedule A. 3.  Paragraph 3 of subsection 22 (2) of Schedule A. 4.  Paragraph 3 of subsection 23 (2) of Schedule A. 5.  Paragraph 3 of subsection 24 (2) of Schedule A. 6.  Paragraph 3 of subsection 25 (2) of Schedule A.  O. Reg. 153/04, s. 45 (2).
46.
 46. (1) The period of time prescribed for the purposes of subsection 168.5 (1) of the Act for notice to be given in relation to a risk assessment submitted by the owner to the Director is as follows: 1.  In the case of a limited scope risk assessment described in section 7 of Schedule C or an estimation of natural local background concentration risk assessment described in section 8 of Schedule C, eight weeks after the date of submission. 2.  In the case of a new science risk assessment described in section 9 of Schedule C or a wider area of abatement risk assessment described in section 10 of Schedule C, 22 weeks after the date of submission. 3.  In any other case, 16 weeks after the date of submission.  O. Reg. 153/04, s. 46 (1). (2) If, at any time after the submission of a risk assessment report and before the Director has made a decision on the risk assessment under section 168.5 of the Act, the Director becomes aware of one of the following circumstances, the Director may notify the owner in writing of the circumstance: 1.  The type of approach taken by the risk assessment is not appropriate given the circumstances of the contaminant and the property to which the risk assessment relates. 2.  The content of the risk assessment report does not comply with a requirement specified in section 4 or 5 of Schedule C. 3.  The risk assessment report does not contain sufficient data or information to support the conclusions reached in the report.  O. Reg. 153/04, s. 46 (2). (3) A notice under subsection (2) may request that the owner, (a)  revise and resubmit the risk assessment to the Director in accordance with the directions specified in the notice; or (b)  provide specified additional information for the risk assessment report by the date and time specified in the notice.  O. Reg. 153/04, s. 46 (3). (4) If the Director gives notice under clause (3) (a), the period of time for the purposes of subsection (1) shall commence on the date that the qualified person submits the revised risk assessment in accordance with the Director’s notice.  O. Reg. 153/04, s. 46 (4). (5) If the Director gives notice under clause (3) (b), the period of time for the purposes of subsection (1) stops on the date the notice is issued and resumes on the date the information specified in the notice is provided to the Director.  O. Reg. 153/04, s. 46 (5). (6) At any time after an owner submits a risk assessment under subsection 168.5 of the Act to the Director, the owner may withdraw the risk assessment by giving written notice to the Director.  O. Reg. 153/04, s. 46 (6). Meeting Site Condition and Risk Assessment Standards
Meeting Site Condition and Risk Assessment Standards
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48.
 48. (1) For the purposes of section 168.4 of the Act and this Regulation, a property meets an applicable site condition standard or a standard specified for a contaminant in a risk assessment, if, subject to subsection (2), the standard is met at each sampling point from which a sample is taken on, in or under the property and in no other circumstances.  O. Reg. 153/04, s. 48 (1); O. Reg. 407/19, s. 19 (1). (2) If two or more samples of soil or sediment are taken from sampling points at the same sampling location that are at the same depth on, in or under the property, the property meets a standard mentioned in subsection (1) if the average of the sampling results meets the standard and in no other circumstances.  O. Reg. 153/04, s. 48 (2); O. Reg. 407/19, s. 19 (2). (2.1) Subsection (2) does not apply to allow, in the circumstances outlined in that subsection, compositing of samples of soil or sediment to be analyzed for volatile contaminants, including volatile organic compounds.  O. Reg. 511/09, s. 23. (3) Revoked: O. Reg. 407/19, s. 19 (3). (4) In this section, “sampling location”, means an area of the property that does not have a radius larger than two metres.  O. Reg. 153/04, s. 48 (4).
49.
 49. (1) A property does not meet an applicable site condition standard in relation to a petroleum hydrocarbon unless the qualified person has determined that there is no evidence of free product, including but not limited to, any visible petroleum hydrocarbon film or sheen present in the ground water or surface water or in any ground water or surface water samples.  O. Reg. 153/04, s. 49 (1). (2) A property does not meet an applicable potable ground water site condition standard unless the qualified person has determined that there is no indication of objectionable petroleum hydrocarbon odour and taste associated with the ground water.  O. Reg. 511/09, s. 24.
49.1
 49.1 If an applicable site condition standard is exceeded at a property solely because of one of the following reasons, the applicable site condition standard is deemed not to be exceeded for the purpose of Part XV.1 of the Act: 1.  The qualified person has determined, based on a phase one environmental site assessment or a phase two environmental site assessment, that a substance has been applied to surfaces for the safety of vehicular or pedestrian traffic under conditions of snow or ice or both. 1.1  The qualified person has determined, based on a phase one environmental site assessment or a phase two environmental site assessment, that excess soil has been deposited at the RSC property for final placement and the excess soil meets the applicable soil quality standards that apply to the RSC property as determined in accordance with the Excess Soil Standards. 2.  The qualified person has determined, based on a phase one environmental site assessment or a phase two environmental site assessment, that there has been a discharge of drinking water within the meaning of the Safe Drinking Water Act, 2002. 3.  The qualified person has determined, based on a phase two environmental site assessment, that fill containing a contaminant that exceeds the applicable site condition standard was used at the property but the concentration of the contaminant does not exceed the naturally occurring range of concentrations of that contaminant typically found within the area where the property is located. O. Reg. 407/19, s. 20. part X   certificates of property use
PART X CERTIFICATES OF PROPERTY USE
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50.
 50. For the purposes of subsection 168.6 (5) of the Act, the following persons are prescribed to receive notice in relation to a certificate of property use: 1.  A chief building official as defined in the Building Code Act, 1992 of the municipality in which the property is located. 2.  The clerk of the local municipality in which the property is located. 3.  The clerk of any upper-tier municipality in which the property is located. 4.  If the property is located in an area in which a board of health, planning board or conservation authority has jurisdiction under section 3.1 of the Building Code Act, 1992, in each of the following: i.  The inspector appointed under that section who has the same powers and duties in relation to sewage systems as does the chief building official in respect of buildings. ii.  The medical officer of health of the board of health, or the secretary-treasurer of the planning board or conservation authority.  O. Reg. 153/04, s. 50.
51.
 51. Sections 8 and 10 of the Building Code Act, 1992 are prescribed for the purposes of subsection 168.6 (6) of the Act.  O. Reg. 153/04, s. 51. part XI   Notices of orders
PART XI NOTICES OF ORDERS
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51.1
 51.1 (1) For the purposes of subsection 168.7.2 (1) of the Act, a notice of an order shall set out the number and date of issue of the order.  O. Reg. 511/09, s. 25 (2). (2) For the purposes of subsection 168.7.2 (2) of the Act, notice of compliance shall set out the number and date of issue of the order and the date on which the Director was satisfied that the order had been complied with.  O. Reg. 511/09, s. 25 (2).
52.
 52. (1) For the purpose of subsection 168.8 (5) of the Act, notice of an order shall set out the number and date of issue of the order.  O. Reg. 153/04, s. 52 (1). (2) For the purpose of subsection 168.8 (6) of the Act, notice of compliance with an order shall set out the number and date of issue of the order, and the date on which the Director became satisfied that the order has been complied with.  O. Reg. 153/04, s. 52 (2).
53.
 53. (1) For the purpose of subsection 168.14 (6) of the Act, notice of an order shall set out the number and date of issue of the order.  O. Reg. 153/04, s. 53 (1). (2) For the purpose of subsection 168.14 (7) of the Act, notice of compliance with an order shall set out the number and date of issue of the order, and the date on which the Director became satisfied that the order has been complied with.  O. Reg. 153/04, s. 53 (2).
54.
 54. (1) For the purpose of subsection 168.20 (9) of the Act, notice of an order shall set out the number and date of issue of the order.  O. Reg. 153/04, s. 54 (1). (2) For the purpose of subsection 168.20 (10) of the Act, notice of compliance with an order shall set out the number and date of issue of the order, and the date on which the Director became satisfied that the order has been complied with.  O. Reg. 153/04, s. 54 (2). part XIi   Soil
PART XII SOIL
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55.
 55. (1) If a qualified person has determined that a record of site condition may be submitted for filing without a phase two environmental site assessment with respect to an RSC property and all of the following conditions are satisfied, excess soil may be brought to and finally placed at the RSC property: 1.  The use of the RSC property must be one of the following: i.  Agricultural or other use. ii.  Commercial use. iii.  Community use. iv.  Institutional use. v.  Parkland use. vi.  Residential use. 2.  The qualified person who is conducting or supervising the phase one environmental site assessment must have determined that the concentration of contaminants in the soil does not exceed the applicable soil quality standards, as determined in accordance with the Excess Soil Standards. O. Reg. 407/19, s. 21. (2) For the purposes of the determination under paragraph 2 of subsection (1), section 31 of Schedule E applies with necessary modifications. O. Reg. 407/19, s. 21. (3) The qualified person shall ensure that a document that meets the requirements of Sub-Heading (i) (Excess Soil Brought to RSC Property) in Heading (c) (Soil Excavated at the Phase Two Property or Excess Soil Brought to the Phase Two Property) in Report Section 10 (Appendices) of Table 1 of Schedule E is prepared with respect to the sampling and analysis of excess soil brought to the RSC property. O. Reg. 407/19, s. 21.
Schedule A
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PART II OWNER’S OBLIGATIONS
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PART III NO PHASE TWO ESA CONDUCTED
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PART IV PHASE TWO ESA CONDUCTED
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Schedule C
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PART I MANDATORY REQUIREMENTS
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PART II ALTERNATIVE RISK ASSESSMENT PROCEDURES
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Schedule D
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PART I APPLICATION
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PART II RECORDS REVIEW
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PART III INTERVIEWS
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PART IV SITE RECONNAISSANCE
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PART V REVIEW AND EVALUATION OF INFORMATION
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PART VI PHASE ONE ENVIRONMENTAL SITE ASSESSMENT REPORT
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Schedule E
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PART II PLANNING SITE INVESTIGATION
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PART III CONDUCTING THE SITE INVESTIGATION
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PART IV REVIEW AND EVALUATION OF INFORMATION
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PART V PHASE TWO ENVIRONMENTAL SITE ASSESSMENT REPORT
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