Report for City Council December 4, 2006 Meeting

ATTACHMENT 1

1. The City of Edmonton will:

1. The City will work with Alberta Environment and the Capital Health Authority to facilitate the identification, investigation, remediation and management of contaminated properties through the land development process.

1. The City will promote removal of contamination from a property to meet appropriate standards for intended land uses over ongoing risk management approaches. Remediation to standards and/or risk management plans established by Alberta Environment and Capital Health Authority will be required, except that the City will not support risk management for contaminated properties where residential or residential related uses are permitted or discretionary uses under the Edmonton Zoning Bylaw.The City will not support risk management approaches to deal with environmental contamination where residential or residential related uses are allowed as permitted or discretionary land uses under the Edmonton Zoning Bylaw.

• Implement Council’s direction as provided in Plan Edmonton, Edmonton’s Municipal Development Plan, Bylaw No. 11777, as amended, which states that it is a priority of City Council to:

• Ensure the suitability of land for specific land uses proposed for development with regard to environmental contamination in accordance with municipal responsibilities under the Municipal Government Act.

This policy is subject to any specific provisions of the Municipal Government Act or other relevant legislation or Union Agreement.

CITY PROCEDURE

1. DEFINITIONS

Contamination - The presence, in association with soil, water, groundwater, air, ground surface or structures, of a substance or substances that may present a risk to human health or the environment where “substance” is as defined the Alberta Environmental Protection and Enhancement Act.

Direct Control Zone (DC3) -The Municipal Government Act and the Edmonton Zoning Bylaw provide the regulatory basis for a direct control zoning provision to be applied to properties with confirmed environmental contamination. A direct control zone may be placed on a site verified to have environmental contamination in order to specify the level of clean-up or risk management measures required prior to the approval of a development permit. The zone can be used to restrict the issuance of development permits until environmental contamination on the subject property has been reduced or removed by remediation or risk management measures.

The Edmonton Zoning Bylaw provides for a site specific DC3 zone that is applied to a property by adoption of a rezoning bylaw. The DC3 restricts the issuance of a development permit until the Development Officer determines that the level of contamination on the property meets the DC3 requirements and the regulatory standards for acceptable levels of contamination for the use or uses indicated in the development permit application.

Property with a DC3 zone may be rezoned if the City of Edmonton, in consultation with other recognized environmental regulatory authorities determines that contamination on the property meets the standards set for all permitted and discretionary uses in the proposed land use zone(s).

The City Administration may support a rezoning bylaw where the DC3 allows no uses until remediation or risk management has been implemented; however, the Subdivision Authority will not approve a subdivision where DC3 restrictions allow no uses for any parcel of land resulting from the subdivision.

Environment - The components of the earth, including, as in the Definitions Section of the Alberta Environmental Protection and Enhancement Act: air, land and water; all layers of the atmosphere; all organic and inorganic matter and living organisms; and, the interacting natural systems that include components referred to in points i) to iii) above.

Greenfield Site – For the purposes of these procedures and guidelines, a greenfield site is property in a newly developing suburban area that has AG, AGU, AGI, US, AP or PU zoning that remains in its natural state or has been used only for farming purposes and has never been occupied by a farmstead or storage tanks.

Phase I Environmental Site Assessment (ESA) - An evaluation of a property that is qualitative in nature and is intended to determine the likelihood of potential contamination on the property. A PhaseI ESA is nonintrusive in that it involves no testing or analysis. A PhaseI ESA is to be done having regard to the Canadian Standards Association International, Guideline Z768-01 document, as updated or amended, with the exception that the City of Edmonton does not require the assessment of potentially hazardous building materials including structures with asbestos, lead paint, urea formaldehyde, and PCBs in ballasts and other structural locations.

Phase II Environmental Site Assessment (ESA) - An evaluation of a property involving, among other things, testing and analysis of soil and groundwater to determine the nature and extent of any contamination that may be present on the property. A satisfactory PhaseII ESA would follow the procedure and format set by the Canadian Standards Association International in their Guideline Z769-00, as updated or amended, and shall meet the technical requirements of Alberta Environment and the Capital Health Authority. It would include all the steps of a PhaseI ESA, if one has not already been done, to ensure that any testing or analysis of soil and groundwater is done in the right areas and for the correct substances.

Phase III Environmental Site Assessment (ESA) - An evaluation of remediation options for a contaminated property recommending one or more of those options. Remediation options may include risk assessment/risk management strategies to indicate how the contaminated soil and/or groundwater can be treated to reduce any risk to acceptable levels. An essential component of a Phase III ESA is the monitoring and inspection program to ensure the remediation is operated or completed as envisioned.

Potentially Contaminated Property - A property for which the history of land use, land use zoning or information regarding environmental contamination on the property, a nearby property or a nearby right-of-way indicates that environmental contamination may be present that will affect the suitability of the property for some or all land uses.

Property - For the purpose of these guidelines, a property is a “parcel of land” as defined in the Municipal Government Act, or the area of a road right-of-way that is subject to a road closure bylaw.

Recognized Environmental Regulatory Authority - An organization that has authority under provincial or federal legislation or regulations to monitor and/or regulate matters related to environmental contamination and related public health and land use considerations, principally Alberta Environment, the Capital Health Authority and the City of Edmonton.

Remediation - The process by which contamination on a property is reduced, mitigated or rendered inert below a level established by recognized regulatory authorities to protect and sustain the current or intended future use of the property.

Residential Use - A land use within the Residential Use Class as defined in Section 7.2 of the Edmonton Zoning Bylaw, including: apartment housing, duplex housing, garage suites, mobile homes, row housing, secondary suites, semi-detached housing, single detached housing and stacked row housing.

Residential-Related Use - A land use within the Residential-Related Use Class as defined in Section 7.3 of the Edmonton Zoning Bylaw 12800, as amended, including: apartment hotels, boarding and lodging housing, fraternity and sorority housing, group homes, major home based business, minor home based business, residential sales centre and temporary shelter services.

Risk Assessment Study - A study done when it is not practical to remediate a site to a generic criteria level or where there is a risk of off-site contaminants re-entering the property. The study generally involves pathway analysis that identifies pathways for the movement and transfer of contaminants in the environment to human and nonhuman receptors and quantifies the effects of the contaminants. The study may conclude that it is acceptable to remediate a property to site specific criteria.

Risk Management - Plans and/or actions to reduce, control or prevent exposure to contamination approved by recognized regulatory authorities. Ongoing monitoring of environmental conditions may be required as part of a risk management plan.

Risk Management Study - A study that can be done upon completion of a risk assessment study to determine how contamination on a property can be managed and remediated to protect the current or intended future users of the property from long-term risks related to contaminants remaining onsite or the potential reentry of off-site contaminants.

Suitable for Intended Use - A property is deemed suitable for its intended use if any contamination present is within either the generic or specific criteria for the complete range of uses allowed on the property by the Edmonton Zoning Bylaw, as determined by Alberta Environment and/or the Capital Health Authority. Generic criteria include, but are not limited to standards in the most current versions of:

• Alberta Tier I Criteria for Contaminated Soil Assessment and Remediation;
• CCME Interim Canadian Environmental Quality Criteria for Contaminated Sites;
• CCME Canadian Environmental Quality Guidelines;
• Alberta Environment Risk Management Guidelines for Petroleum Storage Tank Sites;
• Alberta Hydrocarbon Soil and Water Guidelines for Upstream Oil and Gas Sites;
• Canada-wide Standards for Petroleum Hydrocarbons (PHC) in Soil;

and updates and amendments to these documents.

Specific criteria are generated through risk assessment studies. Risk assessment approaches may involve risk management studies and commitments.

Risk management approaches to dealing with environmental contamination will not be supported by the City of Edmonton for properties where residential or residential related uses are allowed. Remediation to standards set by Alberta Environment for residential uses will be required.

Use and Use Class - the purpose or activity for which a piece of land or its buildings are designed, arranged, developed or intended, or for which it is occupied or maintained as defined by the Edmonton Zoning Bylaw. A use class is a group of uses with common functional or physical impact characteristics.

1. PROCEDURES

Planning and Development Applications to Which These Guidelines Apply

Land Development Process Guidelines for Potentially Contaminated Properties and the attached appendices apply to planning and development applications for:

1. development permits and building permits, as indicated in Appendix 1;

1. rezoning bylaws involving a parcel or parcels of land not zoned for primarily residential use at the time of the application, as specified in Appendix 2;

1. subdivisions of land involving a parcel or parcels of land not zoned for primarily residential use at the time of the application, as specified in Appendix 2;

1. road closure bylaws;

1. area and neighbourhood structure plan bylaws and amending bylaws; and,

1. development permits for properties that are subject to requirements for remediation or risk management prescribed by a direct control zone, as specified in the Edmonton Zoning Bylaw.

Environmental Review

Phase I ESA reports will be submitted with specified planning and development applications and will be reviewed with any other available information on environmental contamination by the Planning and Development Department. Reports and information may be referred to other City departments and recognized environmental regulatory authorities for consultation.

Where the Phase I ESA, or other information, indicates that a property that is subject to an application may be contaminated, the Planning and Development Department will advise the applicant on the following:

1. any requirement on the part of the applicant to complete and submit to the Planning and Development Department, a Phase II, or a Phase II and Phase III Environmental Site Assessment, a risk assessment study or a risk management study; and,

1. information required from recognized environmental regulatory authorities to establish to the satisfaction of the City of Edmonton that the property being reviewed is suitable for the intended uses.

When an ESA, risk assessment or risk management report is required under these procedures, selected Phase I ESA reports and all Phase II and Phase III ESA reports will be forwarded to Alberta Environment, the Capital Health Authority and the City of Edmonton Transportation Department for review and comment.

The Planning and Development Department will deem an application to be “supportable” with respect to potential or confirmed environmental contamination when:

1. for a rezoning bylaw, road closure bylaw or subdivision application, the ESA report(s), other information submitted by the applicant and information from recognized environmental regulatory authorities indicate that the property that is subject to the application is suitable for its intended uses;

1. for a rezoning bylaw to adopt a DC3 or other direct control land use zone, the proposed bylaw prescribes the uses allowed and any requirements for remediation or risk management measures to be met prior to approval of a development permit for the uses allowed on the site by the direct control zone.

1. for an area or neighbourhood structure plan or plan amendment bylaw, the plan or amendment identifies properties with potential or confirmed contamination and states that appropriate investigation, remediation and risk management will be done before the Planning and Development Department will support future rezoning or road closure bylaws and subdivision applications involving the identified properties; or,

1. for a development permit involving property on which remediation or risk management of contamination requirements are prescribed by a DC3 or other direct control land use zone, the Development Officer determines, in consultation with appropriate recognized environmental regulatory authorities, that required remediation has been completed or risk management has been implemented.

The Planning and Development Department will deem an application to be “not supportable” due to potential or confirmed environmental contamination where:

1. Information from a Phase I, Phase II or Phase III ESA, information from a recognized regulatory authority, or other information indicates that a property that is subject to an application is or may be contaminated;
2. the applicant fails to provide information that establishes the property is suitable for the intended uses; and,

1. the application does not comply with any condition described in these procedures under which the application will be deemed “supportable”.

Where an application has been deemed “not supportable” under these guidelines, the Planning and Development Department shall:

1. for an application for a subdivision of one or more parcels of land, recommend that the Subdivision Authority not approve the proposed subdivision;

1. for an application for a rezoning, road closure, or area or neighbourhood structure plan or plan amendment bylaw, recommend that City Council not approve the proposed bylaw; and,

1. for an application for a development permit involving property for which remediation or risk management requirements prescribed by a direct control land use zone have not been met, not approve the application.

Remediation Requirements

The City will promote removal of contamination from a property to meet appropriate standards for intended land uses over ongoing risk management approaches.

Any remediation done, or risk management measures implemented to ensure that a property is suitable for its intended uses must meet the technical requirements and standards of Alberta Environment and the Capital Health Authority, confirmed in writing to the satisfaction of the City of Edmonton.

Risk management approaches to dealing with environmental contamination will not be supported by the City of Edmonton for properties where residential or residential related uses are proposed. Remediation to standards set by Alberta Environment and the Capital Health Authority for residential uses will be required.

Phase 1 ESA and Equivalent

A Phase 1 ESA report submitted in compliance with these procedures will have been completed no more than one year prior to its submission with a planning or development application.

A Phase 1 ESA completed more than one and less than five years prior to submission with an application may be accepted as equivalent to a current Phase 1 ESA with the following supplemental information:

• a statement from the property owner that he/she is not aware of possibility of contamination being introduced to the site since the completion of the Phase 1 ESA; and,
• an update letter based on a site inspection from an environmental professional and including updated regulatory authority checks. Except that for greenfield sites as defined in these procedures, the update letter from the environmental professional will not require updated regulatory authority checks.

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