Land & Building Experts
PEO COA # 100205934
landbuil
Record of Site Condition (RSC)
In 2004, the Ontario Ministry of the Environment enacted Ontario Regulation 153/04 under the Environmental Protection Act to require a Record of Site Condition. When land use changes from a less sensitive use to a more sensitive use (e.g., when industrial or commercial lands are proposed to be converted to residential or parkland use, the more sensitive use must be considered.
A Record of Site Condition (RSC) sets out the environmental condition of a property at the time of the environmental assessment, based on its intended use. Under Part XV.1 of the Environmental Protection Act, a property owner may file a Record of Site Condition (RSC) on the Registry if the applicable standards are met for soil, ground water and sediment, if any. Section 168.3.1 of the Environmental Protection Act requires the filing of a Record of Site Condition (RSC) in the Registry prior to a change in property use from a commercial or industrial use to a residential or parkland use or other change in use specified by regulation. Section 168.3.1 has been included in Part XV.1 of the Environmental Protection Act to ensure that properties being converted to a more sensitive use meet the appropriate standards. Ontario Regulation 153/04 includes details of the types of property use changes affected by this mandatory filing provision. It is expected that many municipalities will continue to identify other circumstances requiring the filing of a Record of Site Condition (RSC).
The mandatory filing provisions of Section 168.3.1 of the Environmental Protection Act are linked to the Building Code Act, 1992 by requiring that a Record of Site Condition (RSC) be filed before construction, if the building will be used in connection with the regulated change in use. This means that a building permit cannot be issued in relation to the regulated changes in property use (e.g. from industrial use to residential use) until a Record of Site Condition (RSC) is filed for that property. Subsection 11(2) of Ontario Regulation 153/04 stipulates that the term “change in use” does not include a reference to a change in the zoning of the property under a municipal by-law. A change in use therefore refers to a change in the actual use of the property
Section 168.3.1 of the Environmental Protection Act and Ontario Regulation 153/04 require that a Record of Site Condition (RSC) must be filed before a change in use is allowed when there is a change (in all or in part of the property) from an industrial, commercial or community property use to residential, institutional, parkland or agricultural or other property use
Municipalities review the provisions of each planning mechanism under the Planning Act, to determine if and how a Record of Site Condition (RSC) requirement can be imposed during a development review and approval process
The amended Ontario Regulation153/04 requires that Environmental Site Assessment reports must be completed within 18 months of the submission of the Record of Site Condition (RSC) or the commencement of the Environmental Site Assessment. Furthermore, the Phase 1 Environmental Site Assessment must conform to the specific objectives and requirements for the components of the assessment and Phase 1 Environmental Site Assessment Report set out in Parts VI, VII, VIII and Schedule D of the regulation.
As described by Ontario Regulation 153/04— Part XV.1 of the Environmental Protection Act, amended by Ontario Regulation 511/09, Ontario Regulation 245/10, Ontario Regulation 179/11 and Ontario Regulation 269/11,
Phase 1 Environmental Site Assessment is comprised of:
Our cost of carrying out the Phase 1 - Environmental Site Assessment as per Ontario Regulation 153/04 Records of Site Condition — Part XV.1 of The Environmental Protection Act, amended by Ontario Regulation 511/09, Ontario Regulation 245/10, Ontario Regulation 179/11 and Ontario Regulation 269/11 in Toronto (City of Toronto), Hamilton (City of Hamilton), Oshawa (City of Oshawa), Pickering (City of Pickering), Clarington (Municipality of Clarington), Ajax (Town of Ajax), Whitby (Town of Whitby), Brock (Township of Brock), Scugog (Township of Scugog), Uxbridge (Township of Uxbridge), Burlington (City of Burlington), Halton Hills (Town of Halton Hills), Milton (Town of Milton), Oakville (Town of Oakville), Brampton (City of Brampton), Mississauga (City of Mississauga), Caledon (Town of Caledon), Vaughan (City of Vaughan), Aurora (Town of Aurora), East Gwillimbury (Town of East Gwillimbury), Georgina (Town of Georgina), Markham (City of Markham), Newmarket (Town of Newmarket), Richmond Hill (Town of Richmond Hill), Whitchurch - Stouffville (Town of Whitchurch-Stouffville), King (Township of King). is $4,490 +HST.
Phase 2 Environmental Site Assessment involves sampling and testing of materials considered to be possible instances of environmental contamination, based on the findings and recommendations of a Phase 1 Environmental Site Assessment or other investigation. The project fulfills the scope of a ‘Reconnaissance’ type investigation in which conditions are unknown, and the aim is to confirm or refute the presence of Contaminants of Potential Concern in, on or under the subject property. Normal environmental assessment protocol reserves a detailed investigation for a subsequent phase if the reconnaissance/delineation survey indicates a requirement for further contaminant delineation.
The scope of the Phase 2 Environmental Site Assessment is based on the findings and recommendations of the Phase 1 Environmental Site Assessment, and it generally consists of the following:
Descriptions of soil types will be recorded, and samples will be collected at approximately 0.6 m intervals. Representative soil and groundwater samples from each borehole or monitoring well will be analyzed for Volatile Organic Compounds (VOCs), Petroleum Hydrocarbons (PHCs) in four fractions F1-F4, Metals, Polycyclic Aromatic Hydrocarbons (PAHs), soil pH, Electrical Conductivity (EC) and/or Sodium Adsorption Ratio (SAR). Following samples’ analysis, we will present recommendations based on all available information.
The legislative requirements for completing and filing a Record of Site Condition (RSC) are set out in Part XV.1 of the Environmental Protection Act, as set out in Ontario Regulation 153/04. The type of information to be contained in a Record of Site Condition (RSC) includes a site description, property ownership and property use, site assessment information, the standards that were applied to the site, certification statements and a description of any site remediation/cleanup activities. In addition to this information, supporting documentation for the submitted Record of Site Condition (RSC) such as a legal survey and a copy of the deed for the property are also required.
A Record of Site Condition (RSC) must include the following types of certifications made by the property owner:
A Record of Site Condition (RSC) must include the following types of certifications made by the qualified person who assessed the site:
Modified Generic Risk Assessment (MGRA) - an amendment to Ontario Regulation 153/04 - provides quicker and cost-effective approach to obtain a Record of Site Condition for redevelopment on a contaminated property with on-going risk management measures in place.
Where a Record of Site Condition has been submitted to the Ministry of Environment, Conservation and Parks (MECP), the Ministry of Environment, Conservation and Parks (MECP) reserves the right to place a Certificate of Property Use (CPU) on a Record of Site Condition. A Certificate of Property Use (CPU) includes a of risk management measures identified through Record of Site Condition Assessment. Certificate of Property Use (CPU) prevents and limits the usage of the property in order to protect health and safety of the public and is registered on title of the property. Certificate of Property Use (CPU) which requires the property owners and occupants to take proper action to:
If a Certificate of Property Use (CPU) is registered on the title of a property, future property owners, municipal officials, and occupants of a property will be aware of any property use restrictions, building restrictions or equipment installation required to be sure that contaminants remaining on a site meet the Ministry of Environment, Conservation and Parks (MECP) Guidelines.
Our cost of carrying out the Phase 2 Environmental Site Assessment work as per Ontario Regulation 153/04 Records of Site Condition Part XV.1 of The Environmental Protection Act, amended by Ontario Regulation 511/09, Ontario Regulation, 245/10,Ontario Regulation 179/11 and Ontario Regulation 269/11 - which is suitable for filing a record of site condition and/or to submit with a building permit application is $9,950 +HST plus $1,665 +HST per borehole
Drilling inside a building may cost additional $900.
We provide Record of Site Condition RSC Submission in Ontario including Toronto (City of Toronto), Hamilton (City of Hamilton), Oshawa (City of Oshawa), Pickering (City of Pickering), Clarington (Municipality of Clarington), Ajax (Town of Ajax), Whitby (Town of Whitby), Brock (Township of Brock), Scugog (Township of Scugog), Uxbridge (Township of Uxbridge), Burlington (City of Burlington), Halton Hills (Town of Halton Hills), Milton (Town of Milton), Oakville (Town of Oakville), Brampton (City of Brampton), Mississauga (City of Mississauga), Caledon (Town of Caledon), Vaughan (City of Vaughan), Aurora (Town of Aurora), East Gwillimbury (Town of East Gwillimbury), Georgina (Town of Georgina), Markham (City of Markham), Newmarket (Town of Newmarket), Richmond Hill (Town of Richmond Hill), Whitchurch - Stouffville (Town of Whitchurch-Stouffville), King (Township of King).
Our fee for Filing for Record of Site Condition with Ministry of Environment, Conservation and Parks (MECP) is $1,975.
After a completed Record of Site Condition is submitted, the Ministry of Environment, Conservation and Parks (MECP) will have 30 business days to review the Record of Site Condition submission.
We provide Record of Site Condition RSC Submission in Ontario including Toronto (City of Toronto), Hamilton (City of Hamilton), Oshawa (City of Oshawa), Pickering (City of Pickering), Clarington (Municipality of Clarington), Ajax (Town of Ajax), Whitby (Town of Whitby), Brock (Township of Brock), Scugog (Township of Scugog), Uxbridge (Township of Uxbridge), Burlington (City of Burlington), Halton Hills (Town of Halton Hills), Milton (Town of Milton), Oakville (Town of Oakville), Brampton (City of Brampton), Mississauga (City of Mississauga), Caledon (Town of Caledon), Vaughan (City of Vaughan), Aurora (Town of Aurora), East Gwillimbury (Town of East Gwillimbury), Georgina (Town of Georgina), Markham (City of Markham), Newmarket (Town of Newmarket), Richmond Hill (Town of Richmond Hill), Whitchurch - Stouffville (Town of Whitchurch-Stouffville), King (Township of King).
Still have questions?
Call Us Anytime
416 332 1743 (24/7)
Text Messages
416 727 8336
Email
landbuildex@gmail.com
Copyright 2015 Land & Building Experts Ltd All rights reserved.
Land & Building Experts
PEO COA # 100205934
landbuil