Tracking brownfield redevelopment outcomes using Ontario’s RSCs

By David Nguyen, staff writer, Hazmat Management Magazine

GeoEnviroPro’s latest webinar event featured Dr. Christopher De Sousa, a professor and director of the School of Urban and Regional Planning at Ryerson University.  He spoke about his research using record of site conditions (RSCs) to track brownfield developments in Ontario.

Christopher De Sousa.BA, MScPL, PhD (Associate Professor, Ryerson University)

A RSC is typically filed on the Environmental Site Registry with the Ontario Ministry of the Environment and Climate Change (MOECC) after property has undergone a Phase I, and often a Phase II Environmental Site Assessment (ESA) and the property is undergoing a zoning change to a more sensitive land use (i.e., industrial to residential).  A record of site condition summarizes the environmental condition of a property, based on the completion of ESAs.

De Sousa’s research focussed on the effects of the RCS legislation since its introduction in 2004, focussing on the scale and value of projects using RSCs from 2004 to 2015 (noting the revisions to the RSC legislation in 2011).  Property Assessments and Tax information was used to determine the nature of the developments that have occurred on brownfields.  Private sector stakeholders were interviewed to determine the factors that influence private sectors to develop on brownfields.

The research showed that from 2004 – 2015, 31% of RSCs were filed for Toronto properties.  However, the cities with the greatest total area redeveloped (based on RSC filings) were Brampton and Vaughn, with Toronto having the third largest total area redeveloped. With the exception of Ottawa, projects requiring RSCs occurred primarily in the greater Toronto and Hamilton area.

Of the RSCs filed from 2004 – 2015, 24% consisted of only Phase I environmental site assessments (ESA), 69% consisted of a generic Phase I and II ESAs, and 7% used a Phase I and II ESA combined with a site specific risk assessment.

With land use changes, the most common previous land use was commercial (36.8%) followed by industrial (22.3%) and the most common intended land use was residential (67.5%) followed by commercial (14.9%).

Toronto’s development focussed on residential projects located near major transit and roadways (85.6% of which being condos).  Smaller municipalities like Waterloo and Kingston also primarily developed residential properties (31% and 58%, respectively).  De Sousa notes that provincial growth plans and community improvement plans can help municipalities be more proactive in housing and economic development goals.

From a private sector perspective, the main motivations for brownfield developments are based on real estate factors (profit, market, locations), with barriers being costs, liabilities, and time (in project reviews and approvals).

Facilitation strategies that governments can utilize involve financial and regulatory changes, particularly in more effective and efficient processes and tools in high priority areas, with perhaps more government intervening regulations in secondary/ weaker markets to encourage development of brownfields vs. greenfields.

Toronto’s Port Lands feature numerous brownfields sites, image by Marcus Mitanis

Oil deliberately spilled in lake to study ecosystem response

As reported by Lesley Evans Ogden of the Canadian Press, researchers were in northwestern Ontario recently spilled diluted oil sands bitumen and crude oil into a lake to study how the ecosystem, from microbes to fish, responds.

The pilot project, known as Freshwater Oil Spill Remediation Study, is being done at the International Institute for Sustainable Development Experimental Lakes Area (IISD-ELA) southeast of Kenora, Ont.

The reasoning behind the study is that there are currently gaps scientists knowledge regarding the impacts of oil spills on freshwater ecosystems.  North America has the largest network of energy pipelines in the world, and periodic oil spills from pipelines do occur.

Researchers will also explore the effectiveness of oil-spills remediation (clean-up) techniques in a study conducted on the shoreline of an IISD-ELA lake.

Given the significant knowledge gaps, it is hoped that the groundbreaking project undertaken by  IISD-ELA that will answer the questions about what happens when oil enters freshwater systems.

Vince Palace, the scientist who is leading the experiment, said the area is typically known for experiments involving a whole lake, but this work is different.

“We’re using small enclosures to contain that oil,” he said.

The oil was spilled inside four yellow floating boomed rectangles, each along 2.5 metres of shrub and sphagnum moss shoreline.

The enclosures stretch 10 metres into the lake and contain 20,000 litres of water. Curtain-like sides extend down and are carefully affixed to the lake bottom with lines of sandbags filled at the local gravel pit and placed by a small army of students in waders and wetsuits.

The spills were 1.25 litres each and were to be left for 72 hours then cleaned up by professional oil-spill responders.

With any oil spill, even after clean up, there is residual contamination.

“We’re interested in looking at the impact of residuals,” Palace said in an interview before the experiments were conducted.

Palace’s team will study impacts on microbes, algae, zooplankton, insects, wood frogs, and fathead minnows by sampling soil, water, and sediment before and after the spill and clean up.

They’ll look for direct impacts from fouling and poisoning, but also indirect effects on fish survival and reproduction.

Palace notes that when oil spills, social pressure and regulatory commitments create a huge drive to clean it up.

“The problem is, in the shoreline environment, when you spill oil, often times the removal of it can be just as damaging as the impact of the oil on the shoreline environment itself,” he said.

Soil removal, compaction, and moving heavy equipment into remote areas are ecologically destructive.

“In marine environments, there are microbes present that will respond to the presence of oil to degrade it.  So it may be that there is a benefit to leaving the oil in place to degrade,” Palace said.  Diluted bitumen’s behaviour in freshwater has been studied extensively in laboratories.

Project collaborator Heather Dettman, senior scientist with Natural Resources Canada in Alberta, has simulated spills in laboratory wave tanks using North Saskatchewan River water.

Her studies have manipulated variables such as wave action and temperature, but not things like wind, rain and sun.

So, when it comes to understanding how oil behaves in a lake “maybe we’re missing something,” she said.

This is “the next step up” from the lab.

The researchers hope to find out if such oil-eating microbes exist in the freshwater environment of oil-naive Boreal shield lakes.

Researchers deliberately add a very small and controlled amount of crude into the equally strictly controlled sections of an actual lake in order to study the effects on the ecosystem in the second phase of the study. (IISD-ELA / THE CANADIAN PRESS)

Medical Waste Management Market predicted to reach $16.35 billion by 2023

According to the new market research report by IndustryARC, the world-wide medical waste management market is predicted to reach $16.35 billion by 2023.  The report, entitled “Medical Waste Management Market by Waste Type (Biomedical, Cytotoxic, Pharmaceutical, Genotoxic, Radioactive); by Treatment Technology (Thermal, Irradiative, Biological, Mechanical) – Forecast (2018-2023)”, provides useful insights and predictions on the medical waste management market. 

The report predicts that the North American medical waste market is expected to reach revenue of $6,077.7 million by 2023 at a compound annual growth rate (CAGR) of 5.1%.  It states that the North American market is driven by growing number of healthcare facilities.  The reports sties the reason for growth in North America is due to large amount of medical waste produced and effective management of the waste with the use of advanced technologies.  Hospitals have a major share in the market due to the amount of hazardous waste generated per day.  In the US, many organisations provide services to the healthcare facilities.  The government has been levelling fines on such hospitals in the region, if the infection rate is high.  This factor increases more number of companies in the market.

With respect to incineration of medical waste, the report states that the incineration segment had revenue of $3,851 million in 2015.  The report predicts revenue in the medical waste incineration sector to reach $5,627 million by 2023 at a CAGR of 4.3%.  The report defines incineration as the process of burning waste materials which are hazardous, at higher temperatures for eliminating contaminants.  In this process, toxic elements are burnt and the ash is disposed into landfills.

Largest Clean-up Grant in Canadian History

As reported by Laura Osman of the CBC, Councillors on Ottawa’s finance committee unanimously approved a $60-million grant to clean up contaminants to make way for a massive new development on Chaudière and Albert islands.

Windmill Development Group applied for the grant for its mixed-use Zibi project.

Windmill will clear the contaminated soil on the site, which has historically been used as an industrial site, and demolish a number of buildings.

An artist’s rendering of the Zibi development, which could receive a substantial grant from the city for soil and building cleanup. (City of Ottawa)

“These are contaminated lands on a derelict site in the city’s urban core,” said Lee Ann Snedden, director of Ottawa’s planning services.

“This truly is a poster child for a brownfield grant.

The city’s brownfields redevelopment program awards funds to developers for cleaning up contaminated sites and deteriorating buildings, which helps encourage developers to build in the core rather than the suburbs.

The grant would pay for half of the total projected cost of the cleanup.

Windmill has promised to create a $1.2 billion environmentally friendly community with condos, shops, offices, waterfront parks and pathways on the 15-hectare site, which spans both the Quebec and Ontario sides of the Ottawa River.

The city will only pay for the actual costs of cleanup after the invoices have been verified, Mayor Jim Watson said.

The developer promised to only do the work if they find contamination is present.

“It would be fantastic news for us as the proponent if there’s less contaminants there,” said Jeff Westeinde with Windmill Development Group.

The developer hopes to have the Ottawa part of the development completed in seven or eight years.

Snedden pointed out the city will not  pay to clean up the nearby LeBreton land to allow development because the land is controlled by the federal government.

But the National Capital Commission technically owned about 20 per cent of the Zibi development lands as well said Coun. Catherine McKenney, who argued the federal government should contribute to the cleanup costs.

The NCC owned the lands and had a perpetual lease with Domtar, which operated a paper-mill on the site for nearly 100 years.

“So why are we paying the cost?” asked Peter Stockdale with the Fairlea Community Association.

Some councillors received letters from constituents concerned about the large amount of money going toward a money-making venture.

Capital ward Coun. David Chernushenko acknowledged the grant was “staggeringly” large, but said someone must be responsible for cleaning up contaminated sites.

“I don’t see this as some sort of corporate welfare,” he said.

The grant will still need to be approved by city council.

Chaudière and Victoria islands seen from the air above the Quebec side.

Environmental Fine for Violation of Canada’s Regulations related to Petroleum Products Storage

Mosquito Grizzly Bear’s Head and Lean Man First Nation and band administrator, Arnold Moosomin, were recently sentenced in the Provincial Court of Saskatchewan for failing to comply with an environmental protection compliance order issued by Enforcement Officers from Environment Canada and Climate Change (the Canadian equivalent of the U.S. EPA).

Mosquito First Nation is an Assiniboine Nation located in the Eagle Hills approximately 30 kilometres south of Battleford, Saskatchewan.  It is nearly 50,000 acres in size and has approximately 1000 members.

The Court fined the Mosquito Grizzly Bear’s Head and Lean Man First Nation $100,000 and Moosomin $5,000.  The funds will be directed to the Environmental Damages Fund.

The fine was the result failing to comply with an environmental protection compliance order following an inspection to ensure compliance with the Canadian Storage Tank Systems for Petroleum Products and Allied Petroleum Products Regulations.  These regulations establish technical standards for the design and installation of storage tank systems under federal jurisdiction and include requirements for operation, maintenance, removal, reporting and record-keeping.

Environmental Officers subsequently laid charges under the Canadian Environmental Protection Act, 1999 after it was determined that the First Nation and band administrator failed to comply with all of the terms of the order. The defendants were convicted following a trial.

Ontario Graphite Ltd. Subject to Control Order Issued by Environment Ministry

The Ontario Ministry of the Environment and Climate Change (MOECC) recently issued an Emergency Director’s Order to Ontario Graphite Ltd. (OGL) related to its mining site in Butt Township, Kearney, Ontario.  An Emergency Director’s Order is issued when the MOECC is of the opinion that inaction of a situation can result in one or more of the following: danger to the health or safety of any person; harm or serious risk of harm to the environment; or injury or damage or serious risk of injury or damage to any property.

Under an Emergency Order, immediate actions and environmental actions must be taken to protect the natural environment and to prevent or reduce the discharge of a contaminant into the natural environment from the undertaking or property, or to prevent, decrease or eliminate an adverse effect.

Photo Credit: NorthBayNipissing.com

Kearney is a town and municipality in the Almaguin Highlands region of Parry Sound District of Ontario, Canada.  With a landmass of 531 square kilometres and a year-round population of 882 in the Canada 2016 Census, Kearney claims to be the “Biggest Little Town in Ontario.”  Butt Township was amalgamated with the Town of Kearney in 1979.

Since the issuance of Director’s Order Amendment No. 1 Ontario Graphite Limited (OGL) has reported to the MOECC multiple exceedances of discharge limits specified in the Environmental Compliance Approval (ECA) issued for the Kearney Mine industrial sewage works and Ontario Regulation 561/94 (i.e. including exceedance of limits for acute toxicity to test organisms Rainbow Trout and Daphnia magna, iron, total suspended solids and pH).

As requested by the MOECC, OGL proposed a short term management action plan to address the effluent discharge limit exceedances from the polishing pond until such time that construction can be completed on the industrial sewage works to enhance treatment efficiency once approved by the MOECC through an ECA amendment. OGL further indicated to the MOECC that an application to amend the ECA for necessary modifications to the industrial sewage works is currently being prepared.
Following the MOECC’s review of the short term management action plan and monitoring data submitted by OGL, the MOECC is concerned that measures proposed by OGL will be insufficient in achieving adequate treatment until such time that construction and operation of the proposed modification to the industrial sewage works, subject to the planned application and subsequent approval by the MOECC, if issued, are completed.

Currently, the lime dosing system being used at the Kearney Mine as part of the existing industrial sewage works operation is operated on a batch basis over, typically, an eight hour period during daylight hours.  The enhanced pH monitoring and reporting required by the January 31, 2018 Director’s Order amendment has demonstrated that the pH of the discharge is not consistently meeting the required pH range over a 24 hour period.  Therefore, the MOECC is directing that the operation of the batched system be extended over a daily, 24-hour period to ensure compliance with pH at all times.

In addition to adjusting the lime dosing system the MOECC is ordering a contingency plan be developed to including the use of an approved mobile treatment unit to ensure adequate treatment is achieved if proposed measures are not sufficient in achieving compliance with all discharge water quality limits until such time that modifications, approved through an amendment to the ECA, are implemented.

In summary the Emergency Director’s Order requires OGL to do the following:

  • Conduct an enhanced monitoring program for pH.
  • Ensure that the operation of lime dosing system is supervised by a Qualified Person and that effluent is maintained within a pH range of 6.5 – 8.5 at all times.
  • Retain a Qualified Person to develop and submit a contingency plan to treat the Kearney Mine polishing pond waters.
  • Retain a Qualified Person to submit an amendment to the issued Industrial Sewage Works, Environmental Compliance approval.

The Order was served to the company as well as a number of a company director, the CFO & CAO, and the CEO.

Vancouver files claim against owners of vessel that leaked fuel in 2015

As reported by CTV News, the City of Vancouver has filed a federal court claim against the owner of a vessel that spilled fuel into English Bay in 2015, as part of the city’s continuing effort to get compensation for its response efforts.

Vancouver Mayor Gregor Robertson says three years after the MV Marathassa spilled 2,700 litres of bunker fuel into the bay, the city still hasn’t been compensated for about $550,000 it spent on response efforts.

Robertson says Vancouver has sought repayment through the federal government’s Ship-source Oil Pollution Fund, but has only been promised compensation for 27 per cent of its costs — something Robertson called “totally unacceptable.

“It’s ridiculous that it’s taken over three years now fighting for our costs to be covered by an oil spill in our harbour,” Robertson told reporters gathered at Sunset Beach in Vancouver on Sunday.

The city’s claim against the ship owners — filed last month but announced on Sunday — calls for damages, interest and court costs related to the spill.

Robertson said the city’s difficulty in getting paid back for what he described as a “relatively small oil spill” shows there aren’t enough measures in place to protect coastal communities against more major spills.

He said the costs and impacts of a potential diluted bitumen spill from the increased tanker traffic that would come with the Kinder Morgan Trans Mountain pipeline expansion has not been meaningfully addressed by the federal government.

Robertson said the Ship-source Oil Pollution Fund was set up by the federal government to act in the interest of communities like Vancouver, but is failing to do so.

“It clearly does not do that, does not deliver the results. This speaks to the greater concern we have with Kinder Morgan and oil tankers,” he said.

Transport Canada, which oversees spill response, could not immediately be reached for comment.

The claim’s statements have not been proven in court.

Crews on spill response boats work around the bulk carrier cargo ship Marathassa after a bunker fuel spill on Burrard Inlet in Vancouver, B.C., on Thursday April 9, 2015. (Darryl Dyck/THE CANADIAN PRESS)

Amendments to Canada’s Hazardous Products Regulations

The Canadian government recently made amendments to the Hazardous Products Regulations (HPR) under the Hazardous Products Act.

The objective of the recent amendment of the HPR is to provide industry with the option to use prescribed concentration ranges to protect the actual chemical ingredient concentrations or concentration ranges on Safety data sheets (SDSs) for hazardous workplace products in Canada rather than submitting CBI applications under the Hazardous Materials Information Review Act (HMIRA).

SDSs, which accompany hazardous products sold or imported for use in Canadian workplaces, must disclose the concentrations or concentration ranges of the ingredients in a product that present health hazards in accordance with the Hazardous Products Regulations (HPR).  This information could be considered confidential business information (CBI) to industry.  CBI for workplace hazardous products can be protected by filing an application with Health Canada under the (HMIRA) and paying the associated fee.

Regulated parties proposed that they should have a means to protect the concentrations or concentration ranges of ingredients without having the burden and cost of the HMIRA application process.

Health Canada is responsible for the administration and enforcement of the Hazardous Products Act (HPA) and its regulations.  The purpose of the HPA is to protect the health and safety of Canadians by regulating the sale and import of hazardous products for use in the workplace.

Examples of Groundwater Remediation at National Priorities List Sites

The U.S. EPA recently issued a report that report highlights a select number of example National Priorities List (NPL) sites where EPA has used innovative and established technologies to restore groundwater for use as a source of drinking water. In these examples groundwater was successfully restored for drinking water use at 17 NPL sites and significant progress toward groundwater restoration was made at an additional 13 NPL sites where contaminants remain above safe drinking water levels. These sites demonstrate how the Superfund program can overcome challenges related to difficult contaminants of concern and complex hydrogeologic settings (May 2018, 114 pages).

The report documents where innovative and established technologies have been used to restore groundwater to beneficial use. This report includes a select number of example National Priorities List (NPL) sites where the remedial action objective (RAO) and associated cleanup levels were to restore groundwater for use as a source of drinking water. Groundwater was restored for use as drinking water at 17 NPL sites and significant progress toward groundwater restoration has been made at an additional 13 NPL sites where contaminants remain above safe drinking water levels in only a few groundwater wells. The RAO of restoring groundwater for beneficial use was achieved under the Superfund program, including the successful treatment of groundwater to federal and state maximum contaminant levels for drinking water. These sites are examples of where the Superfund program overcame difficult remediation challenges, such as groundwater contaminated with chlorinated solvents (including the presence of dense non-aqueous phase liquids [DNAPLs]) and complex hydrogeologic settings.

One of 114 Superfund sites in New Jersey, former Edgewater manufacturing site Quanta Resources has been on the National Priorities List since 2002.

The NPL sites discussed in this report were selected based on several criteria, including the use of innovative cleanup technologies or approaches to remedy concentrated groundwater plumes. The most commonly occurring contaminants of concern at these sites were chlorinated volatile organic compounds, which were present at 26 of the 30 sites. The less frequently occurring contaminants included metals, non-chlorinated volatile organic compounds, semivolatile organic compounds, polychlorinated biphenyls, and polycyclic aromatic hydrocarbons, with dioxins or pesticides only present at one site.

The restoration of groundwater was achieved most often by combining remedial technologies. For example, soil excavation and groundwater extraction and treatment (i.e., pump-and-treat) were used to restore groundwater at 17 of the 30 NPL sites. Given that many of these sites were cleaned up during the period from 1983 to 2000, the remedies used at these sites represented state of the art technologies at that time. These traditional technologies were often modified or replaced with innovative technologies such as in situ bioremediation, in situ chemical oxidation (ISCO), in situ thermal treatment (ISTT) or monitored natural attenuation (MNA) at some sites. The application of remedial technologies at these sites decreased contaminant concentrations from 90% up to 99.99% (i.e., one to more than four orders of magnitude).

DNAPLs were found or suspected at eight of the 30 sites. A combination of excavation and pumpand-treat was used most often to remediate these sites along with at least one other technology or approach such as vertical engineered barrier, air sparging, in situ bioremediation, STT, or MNA. Of the eight DNAPL sites, groundwater was restored for use as drinking water at three sites and significant progress towards restoration has been made at five sites. These findings indicate that the Superfund program has achieved the cleanup of sites with DNAPLs.

The time required to restore groundwater for use as drinking water at the 17 NPL sites ranged from three to 27 years with a median time of eight years. Cleanup time generally increased as the amount of contaminant removed increased with the exception of four sites where contaminant concentrations were decreased by nearly 99.99% in less than eight years. Cleanup times were generally shorter for sites with less complex hydrogeologic settings with the exception of three sites with mild heterogeneity that required more than 15 years to restore groundwater. Also, in most cases, cleanup times were shorter for lesser reductions in concentration.

All of the 30 sites, with the exception of two, have achieved the status of sitewide ready for anticipated reuse (SWRAU), and 12 of these sites have been returned to use either in whole or in part. Reuse includes industrial and commercial redevelopment, recreational use, alternative energy use, and lifting of groundwater use restrictions.

View or download at http://www.epa.gov/remedytech/examples-groundwater-remediation-npl-sites.

 

All Hazards Waste Management Planning (WMP) Tool

The U.S. EPA recommends that communities have a Waste Management Plan (WMP) that addresses the management of waste generated by all hazards, particularly from homeland security incidents ranging from natural disasters and animal disease outbreaks to chemical spills and nuclear incidents to terrorist attacks involving conventional, chemical, radiological, or biological agents.

This tool is intended to assist emergency managers and planners in the public and private sectors in creating or updating a comprehensive plan for managing waste generated from man-made and natural disasters. The tool walks the user through the process of developing and implementing a plan. The tool also contains many resources that can be used as aids to various aspects of the planning process. View and use at https://wasteplan.epa.gov.