Pinchin Ltd.’s Comments on…

Pinchin Ltd.’s Comments on the Rules for On-Site and Excess Soil Management

Part I

Section 1, Subsection (1) – the definition of “contaminants of potential concern” is stated as having the same meaning as defined in the Provincial Sediment Quality Guidelines (PSQGs). There is no clear and concise definition of contaminants of potential concern in the PSQGs. Substituting the definition of contaminants of potential concern from Ontario Regulation 153/04 with appropriate modifications for the cross-reference to the PSQGs would be a better option.

Part II

Section 6, Subsection (C) – there is a reference to “subparagraph iii” but it is not clear what this is referring to.

Part III

Section 3, Subsection (B) – there is reference to the “past uses study area” but this term does not appear to be defined in the Soil Rules document or the proposed Excess Soil Regulation. Further to this comment, although it is implied, it is not clear that the area within 250 metres of the project area is to be assessed during the historical records review and perhaps a precise definition of “past uses study area” will clarify this.

Section 14, Subsection (C) – the testing requirements mention the need to test for contaminants that might be introduced during transportation prior to deposition at the reuse site. It is not clear how this can be achieved in a practical manner, as it implies that samples will need to be tested immediately prior to deposition after reaching the reuse site.

Section 16, Subsection (D) – this subsection describes the testing of a contaminant for which there is no standard but it is not clear what the procedure is if this particular contaminant is detected (i.e., does it then become unsuitable for reuse?)

Section 16, Subsection (M), Paragraph (v.) – the last sentence is incomprehensible.

Section 16, 2nd Subsection (E) – reference is made to volatile contaminants, including volatile organic compounds but there is no definition of what comprises volatile contaminants in the Soil Rules or the proposed Excess Soil Regulation.

Section 19, Subsection (B) – the statement is made that “Where there are multiple contaminants of concern, the qualified person may be able to focus on a single parameter group and use that as an indicator instead of analyzing multiple parameter groups as required by” the Lab Protocol. This is somewhat vague and additional clarification should be added as to when the procedure could be applied.

Section 20, Subsection (B), Paragraph (xiv.) – this paragraph implies that a QA/QC program is mandatory but in the Recommended Guidance at the end of Part III, Section 16, it states that the collection and analysis of QA/QC samples is only recommended.

Part IV

Section 6, Subsection (B) – this paragraph describes situations when leachate testing may be required even though Table 1 or the small volume tables are being used and states that “the qualified person must consider whether leachate testing is appropriate to assess potential increased risk”. This is quite open ended and there needs to be some guidance/clarification on how a qualified person is supposed to undertake this evaluation.

General

In addition to the above comments, a number of typographical errors were noted throughout the document. Although it is expected that these errors will be corrected during internal MOECC review, a list of the typographical errors during review of the current version of the document can be provided upon request.