1. Based on the information…

1. Based on the information provided in the Environment Registry of Ontario, I understand that the proposed amendment will only be applicable under the condition where the groundwater table is below the zone of contaminated soil. This is based on the understanding of the conditions specified under B 4.1, B 4.2 and C2 under the Section "Proposal Details (See yellow highlight below). If the preceding mentioned deduction is correct, it is important to identify this additional condition together with the other proposed conditions which are presented in A, B and C under the Section "Proposal Details".

Furthermore, it may be beneficial to specify a minimum elevation gap/difference between the groundwater table and the bottom border of the zone of contaminated soil where the proposed amendment will be applicable (a standard to fulfill when testing of groundwater is deemed not required). This requirement can be determined through consultation with the professional group who are competent to take on the qualified person role.

2. Is it correct to assume that if groundwater testing has not been conducted, discharge of groundwater from the property into the City's sewers cannot be carried out? Should this assumption is true, then the Provincial's intent that the proposed amendment would reduce barriers to redevelopment of brownfields, putting vacant, prime land back to good use will require additional consideration. This is because disposal of groundwater in its natural state (i.e., from a property or site which has not been identified as contaminated through the assessment conducted under the process of filing the Record of Site Condition (RSC)) is as large an issue if not larger than the issue of disposing excess contaminated soils. The root cause of this issue is stemmed from the need to meet the Provincial Water Quality Objectives (PWQO) standards if the groundwater from the property is required to be disposed through the City's storm sewers when no other management approaches (including keeping it on site) are found feasible.

It will be helpful if MECP will advise whether the Ministry will consider allowing the discharge of groundwater from an uncontaminated property (determined through the process of filing the RSC) into the City's storm sewer system? Examples of uncontaminated sites would include designated residential properties and properties where an RSC has been filed confirming the groundwater quality within the property is in compliance with the water quality standard used for the assessment and remediation (cleanup) of contaminated land or groundwater as set out in the "Soil, ground water and sediment standards for use under Part XV.1 of the Environmental Protection Act".