Jose Pacheco Torres - Certificate of property use

A risk assessment was carried out for this property to establish the risks that contaminants may pose to current and future users of the property and to identify risk management measures that are appropriate for the existing residential land use. In 2022, corrective work on the risk management measures was undertaken to align the property conditions with the requirements of Ontario Regulation 153/04 (the "Regulation"), as amended, made under the Environmental Protection Act ("EPA" or the "Act").

Based on the risk assessment documentation received, the ministry reviewers confirmed that the risk assessment has been conducted in accordance with the Act, the Regulation and, the associated guidance documents.

The director signed and issued on August 11th, 2023, a letter to communicate to the property owners, in accordance with section 168.5 of the Act, the ministry's decision that the risk assessment prepared by the qualified person on behalf of the property owners had been accepted.

The director is considering issuing a Certificate of Property Use ("CPU") in relation to the property. The CPU incorporates the risk management measures proposed in the risk assessment and additional conditions considered necessary by the director. An EPA section 197 order, as itemized, includes the registration on title of a certificate of requirement to ensure that any person having an interest in the property will be given a copy of the CPU and any amendments thereto, prior to acquiring an interest in the property.

The proposed risk management measures include:

• a requirement for barriers to the site soils including hard caps and/or fill caps;
• a health and safety plan for any intrusive activities;
• a soil and groundwater management plan for any intrusive activities;
• containment of plants grown on or at the property;
• no groundwater use on, at, or under the property;
• preparation and retention of annual reports.

A complete list of items that were deemed appropriate for this property is contained within draft CPU No. 2318-CRWNTW, including the EPA section 197 Order. The link that appears under the Supporting Materials section of this notice provides access to the said draft instrument.