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Volume 50, No. 13

B.C. Reg. 201/2007

The British Columbia Gazette,

Part II

July 3, 2007

B.C. Reg. 201/2007, deposited June 21, 2007, pursuant to the ENVIRONMENTAL MANAGEMENT ACT [Section 62] and the ENVIRONMENTAL MANAGEMENT AMENDMENT ACT, 2004 [Section 26]. Order in Council 448/2007, approved and ordered June 21, 2007.

On the recommendation of the undersigned, the Administrator, by and with the advice and consent of the Executive Council, orders that effective July 1, 2007,

(

a) sections 3 (a), insofar as it enacts the definition of "summary of site condition", and (c), 5, 8 to 11, 14 (

a) and 17 of the Environmental Management Amendment Act, 2004 , S.B.C. 2004, c. 18, are brought into force, and

(

b) the Contaminated Sites Regulation, B.C. Reg. 375/96, is amended in accordance with the attached Schedule.

— B. PENNER, Minister of Environment and Minister Responsible for Water Stewardship and Sustainable Communities; P. BELL, Presiding Member of the Executive Council.

Schedule

Section 1 of the Contaminated Sites Regulation, B.C. Reg. 375/96, is amended by repealing the

definitions of "complex site" , "simple site" and "substance class" .

Section 8 (1) is amended by adding the following paragraphs:

(

m) a notification of substance migration or likely migration, described in

section 57 (1.1) or 60.1 (2) of this regulation;

(

n) a

summary of site condition;

(

o) information respecting the classification of a site, including its reclassification or de-classification, as the case may be.

Section 9 is amended

(

a) in subsection (2) by striking out "Column I of either Table 2 or Table 3 of

Schedule 3 must pay the fees set out opposite the action or activity in Column II or III, as applicable, for the classification of the site to which the action relates" and substituting "Column I of Table 2 of

Schedule 3 must pay the fees set out opposite the action or activity in Column II",

(

b) by repealing subsection (3),

(

c) in subsection (9) by striking out "A person who pays a fee set out in Column II or III" and substituting "Subject to subsection (19), a person who pays a fee set out in Column II",

(

d) in subsection (11) by striking out "up to" and everything after "of the fee paid",

(

e) in subsection (12) (

b) by striking out "or III",

(

f) in subsection (14) (

b) by striking out "up to",

(

g) in subsection (15) (

a) and (

b) by striking out "$150" wherever it appears and substituting "$165",

(

h) in subsection (15) (

c) by striking out "item 2 of", and

(

i) by adding the following subsections:

(19) If a person withdraws a request referred to in subsection (2) (c), the person is not required to pay the fee referred to in that subsection for that action or activity, however the hourly fees described in subsection (15) (

a) and (

b) and the travelling and other expenses described in subsection (15) (

c) continue to apply and are payable in respect of action or activity done before the person withdraws the request.

(20) In addition to any other fees under this section, a person who requests an amendment to any of the following must pay a fee of $165 per hour that a person is engaged in performing an action or activity on behalf of the ministry in relation to the amendment:

(

a) a determination under

section 44 of the Act [determination of contaminated sites] ;

(

b) a determination under

section 50 of the Act [minor contributors] ;

(

c) a voluntary remediation agreement under

section 51 of the Act;

(

d) an approval in principle under

section 53 (1) of the Act;

(

e) a certificate of compliance under

section 53 (3) of the Act;

(

f) a contaminated soil relocation agreement under

section 55 of the Act;

(

g) if the site is one to which

Part 5 of the Act applies, a transfer agreement referred to in

section 67 (1) (a) [advanced exploration sites] or 68 (1) (a) [producing or past producing mine sites] of that Part;

(

h) if the site is one to which

Part 5 of the Act applies, indemnification for the site under the Financial Administration Act .

Section 15 (5) is amended by adding "section" before "44 of the Act".

Section 57 (2) is repealed and the following substituted:

(2) In the case of independent remediation arising from emergency response to a spill of a polluting substance, a person is exempt from the requirements of subsection (1.2) if the spill has been reported in accordance with the requirements of

section 79 of the Act and the Spill Reporting Regulation.

Schedule 3 is repealed and the following substituted:

Schedule 3

Table 1: Fees for Site Profiles and Information

COLUMN I

Action

COLUMN II

Fee

Site Profiles

Person provides a site profile to an approving officer or

municipality

$100

Information Obtained by Accessing Computer-based Site

Registry

(a)

(

i) Person queries the computer-based site registry by a site identification number.

$10*

(b)

(

i) Person queries the computer-based site registry by a Land Title Parcel Identifier (PID), Crown Land Parcel Identification Number (PIN), or Crown Lands file number

(ii) Person accesses a computer-based site registry site synopsis report

$25*

$25*

(c)

(

i) Person queries the computer-based site registry by address

(ii) Person accesses a computer-based site registry site details report

(iii) Person queries the computer-based site registry by geographic area within 0.5 km radius of a specific latitude and longitude

$50*

$50*

$50*

(

d) Person queries the computer-based site registry by geographic area within 5.0 km radius of a specific latitude and longitude

$100*

(

e) Person requests assistance of a government employee to perform a computer-based site registry query

$10

(

f) Person requests the site registrar to prepare a custom report of computer-based site registry information

$500 plus $100/hour for time required beyond 3 hours to prepare the information

(

g) Person requests the custom report described in (

f) above to be regularly updated and provided by the site registrar

$200 per updated report

Information Obtained by Accessing Other Computer-based Records

Person requests information about a single site by a search of computer-based records in databases, including but not limited to databases for wastes, hazardous wastes and spills

$100 per database

* In addition to a fee marked by an asterisk, a further operator fee of $1.00 may be charged for any transaction done by electronic means from a location outside a government office or at a government office by a person who is not a government employee.

Table 2: Fees for Services and Functions Provided Directly

by the Ministry or Persons on Behalf of the Ministry

COLUMN I

Action or Activity

COLUMN II

Fee

Determination of Contaminated Site

Person requests a determination whether a site is a contaminated site

$3 000

Reviews of Reports, Plans and Covenants

(

a) Review of a preliminary site investigation report

$5 000

(

b) Review of a detailed site investigation report

$15 000

(

c) Review of a remediation plan which does not include a risk assessment and/or environmental risk assessment report

$12 000

(

d) Review of a remediation plan which includes a risk assessment and/or environmental risk assessment report

$20 000

(

e) Review of a confirmation of remediation report

$7 000

(

f) Review of a covenant prior to registering

$6 000

(

g) Review of a human health risk assessment and/or environmental risk assessment report not included in a remediation plan

$10 000

(

h) Review of a

summary of site condition

$2 000

Agreements and Indemnifications

(

a) Contaminated soil relocation agreement

$2 000

(

b) Person requests a voluntary remediation agreement

$4 000

(

c) Person requests a transfer agreement under

Part 5 of the Act

$4 000

(

d) Person requests indemnification for a site under the Financial Administration Act

$8 000

Approvals, Certificates and Orders

(

a) Approval in principle for a remediation plan

$3 000

(

b) Certificate of compliance

$6 000

(

c) Additional fee for an approval in principle or certificate of compliance if a person is ordered by a director to investigate or remediate a site

$12 000

Background, Site-specific Standards, Wide Area Sites

(

a) Person requests review of background substance concentrations for a site under

section 11, 17 or 18

$3 000

(

b) Person requests review of proposed site-specific standards for a site under

section 11 or 17

$4 000

(

c) Person requests designation of an area as a wide area site

$10 000

Minor Contributor Determination

Person requests a determination as to a person's minor contributor status

$2 000

Allocation Panel

(

a) Person requests the appointment of an allocation panel

$2 000

(

b) Person requests an allocation panel opinion and an allocation panel carries out work and provides an opinion

$1 000 per panel member per day

Table 3: Additional Services and Functions

Action or Activity

Additional Services and Functions

A person, on behalf of the ministry, inspects, monitors and verifies for remediation or an approval in principle, certificate of compliance, voluntary remediation agreement, transfer agreement, indemnification request or application, contaminated soil relocation agreement, or contaminated sites compliance or enforcement investigation

A person, on behalf of the ministry, consults, negotiates or provides advice with respect to a specific site regarding any

• analytical method for contaminated sites

• approval in principle

• certificate of compliance

• confirmation of remediation

• covenant under

section 219 of the Land Title Act

• determination of contaminated site under

section 44 of the Act

• environmental risk assessment

• external contract review carried out under

section 10

• human health risk assessment

• implementation of remediation

• indemnification under the Financial Administration Act

• independent remediation

• ministry contaminated sites guidance

• ministry contaminated sites policy, procedure or protocol

• minor contributor status provision or designation

• notification for the migration or likely migration of a substance to a neighbouring site

• order for public consultation or review under

section 52 of the Act

• pollution prevention order or pollution abatement order issued under

Part 7 of the Act

• providing for appointment or opinion of an allocation panel

• remediation order

• security, including the posting of security

• site investigation

• site profile

• site registry requirement

• soil relocation

• standard, criterion or protocol

•

summary of site condition

• transfer agreement under

Part 5 of the Act

• voluntary remediation agreement

• wide area site planning or designation

• other provision of

Part 4 or 5 of the Act

Schedule 8 is amended by striking out "Signature of BC Environment Manager" in

section 3 of

Part III and substituting "Signature of Director".

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