Contaminated Sites Regulation (B.C. Reg. 375/96).

The present Regulation enacts the Environmental Management Act (the Act). Part 2 of the Act contains the discipline of Site Disclosure Statements; it clarifies when Site Disclosure Statements must be provided, what are the requirements and the assessment process, including exemptions.
Part 2.1, “Summary of Site Condition”, provides the Ministry of Environment with a summary of key information to understand the status of investigations and remediation, the nature and extent of remediation that is proposed or has been undertaken, further work that will be required, or closure documentation requested that is authorized by legislation and regulations in British Columbia. The “Summary of Site Condition” also provides information to persons with an interest in investigations and management of contaminants on or adjacent to a property or properties that are considered a site. Moreover, the information contained in this “Summary of Site Condition” is provided by or on behalf of the British Columbia Ministry of Environment to assist individuals to become familiar with conditions and issues at a site for which contaminant investigations and/or remediation have been carried out and reviewed under the guidance of the British Columbia Contaminated Sites Regulation (CSR), the Hazardous Waste Regulation (HWR), and the Environmental Management Act (EMA).
Part 3 regulates the Site Registry, Part 5 clarifies Contaminated site definition and determination. Subject to section 12 and subsections (2), (3) and (4) of this section (section 11), the following substances, standards and conditions are prescribed for the purposes of the definition of "contaminated site" in section 39 of the Act: (a)the land use of the site is a land use specified in section 12 (3) (a) to (f) and the concentration of any substance in the soil is greater than the applicable generic numerical soil standard, or the lowest value of the applicable matrix numerical soil standards; (b)the surface or groundwater located on or flowing from the site is used or has a reasonable probability of being used for aquatic life, irrigation, livestock or drinking water and the concentration of any substance in the surface water or groundwater is greater than the applicable generic numerical water standard; (b.1) the concentration the following substances (EPHw10-19; nonaqueous phase liquids;VHw6-10), as defined in Schedule 3.2, in surface water or groundwater at the site is greater than the applicable generic numerical water standard: (c)the concentration of any substance in sediment at the site is greater than the applicable generic numerical sediment standard; (c.1)the concentration of any substance in vapour at the site is greater than the applicable generic numerical vapour standard; (c.2)despite paragraph (a), for land less than 15 metres from a natural gas or petroleum well head and the land use of the site is agricultural land use: (i)the concentration of any substance in the soil at a depth of less than 2 metres is greater than the applicable agricultural land use standards for soil, or (ii)the concentration of any substance in the soil at a depth of 2 metres or more is greater than the standards for soil that would apply if the land use of the site were commercial land use; (c.3)despite paragraph (a), for Crown land less than 15 metres from a natural gas or petroleum well head and the land use of the site is wildlands land use: (i)the concentration of any substance in the soil at a depth of less than 2 metres is greater than the standards for soil that would apply if the land use of the site were reverted wildlands land use, or; (ii)the concentration of any substance in the soil at a depth of 2 metres or more is greater than the standards for soil that would apply if the land use of the site were commercial land use; (d)the concentration of any substance at the site, not specified in Schedule 3.1, 3.2, 3.3 or 3.4, is greater than:(i)if the substance is specified without a particular use, the concentration specified for that substance in a director's interim standard, and (ii)if the substance is specified with a particular use, the concentration specified for that substance and use in a director's interim standard.