Steps Towards a Record of Site Condition (RSC) – The Phase II Environmental Site Assessment (Phase II ESA)

This week’s installment of Environmental Update continues along the same theme which we started last week – outlining the steps towards a Record of Site Condition (RSC). To refresh, last week we spoke of about the Phase I Environmental Site Assessment (ESA) – a study designed to determine the environmental legacy of a property through various record searches, interviews and site visits in order to identify potential environmental risks (contamination) at the site in question.

The Phase II ESA is a continuation of this process whereby the presence of contamination is confirmed or dismissed by means of collecting and testing soil, groundwater and/or sediment samples. Decisions regarding where at the site to collect samples and what chemicals to test for are based areas of concern identified during the Phase I ESA process. Common areas of concerns at sites include but are not limited to:

- areas where dry cleaning operations have occurred
- areas where fuel storage tanks are or were present
- areas were PCB containing materials were used or stored
- areas of a property adjacent to industrial activities
- areas of a property adjacent to or across the street from a gas station
- areas where pesticides or herbicides were potentially used

Once adequate samples have been collected from the site, they are then analyzed for potential contaminants of concern by a certified laboratory. A related best management practice is to utilize on-site testing to reduce laboratory costs and speed up results (more on that later in subsequent Blog entries).

Laboratory results for the samples are compared to applicable criteria (based on land use, environmental factors and water use at the site). If no contamination is found at the site then it is possible to submit an RSC for the site. If contamination is found at a site then further rounds of sampling are usually performed in order to fully understand the scope of the problem. Test results, site maps and geological data are combined in data management programs to delineate the extent, identify sources and speculate the fate of contamination at the site.

Much like the Phase I ESA, the Phase II ESA serves as a guidance document for future activities at the site. The conclusion of the investigation provides the owner with suggested best practices for remediation of the problem, cost estimates for remedial alternatives and rough timelines for remedial activities.

Also like the Phase I ESA, the format for the Phase II ESA has undergone an overhaul under the amendments to O.Reg. 153/04. Major additions to the Phase II ESA process include but are not limited to;

i) Mandatory groundwater sampling at all sites where a Phase II ESA is performed
ii) A list of seventy one (71) potentially contaminating activities at sites that will likely warrant a Phase II ESA before the property can submit an RSC
iii) Mandatory Phase II ESAs for properties that have ever operated as gas stations, automobile repair facilities or dry cleaning facilities

These changes are aimed to bring a level of consistency to the quality of Phase II ESAs being performed and to ensure that all properties are thoroughly investigated prior to proceeding to the RSC submission or the site clean up phase.

Please return to the Blog next week in and check out our next installment in this series – Remediation.

Benjamin Goldstein (bgoldstein@aeonegmond.com)