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Volume 65, No. 11
128/2022
The British Columbia Gazette, Part II
June 7, 2022

B.C. Reg. 128/2022, deposited June 6, 2022, under the ENVIRONMENTAL MANAGEMENT AMENDMENT ACT, 2020 [section 10] and the ENVIRONMENTAL MANAGEMENT ACT [sections 62, 138 and 139]. Order in Council 292/2022, approved and ordered June 3, 2022.

On the recommendation of the undersigned, the Administrator, by and with the advice and consent of the Executive Council, orders that, effective March 1, 2023,

(a) sections 1 to 9 of the Environmental Management Amendment Act, 2020, S.B.C. 2020, c. 3, are brought into force,

(b) the Waste Discharge Regulation, B.C. Reg. 320/2004, is amended as set out in the attached Appendix 1, and

(c) the Contaminated Sites Regulation, B.C. Reg. 375/96, is amended as set out in the following sections of the attached Appendix 2:

(i) sections 2 and 5;

(ii) section 7, as it enacts sections 40 to 42, 43 (1) and (2), 44, 45 and 46.1 (7);

(iii) sections 10, 11 and 13.

— G. HEYMAN, Minister of Environment and Climate Change Strategy and Minister Responsible for TransLink; S. ROBINSON, Presiding Member of the Executive Council.

Appendix 1

1 Schedule 1 of the Waste Discharge Regulation, B.C. Reg. 320/2004, is amended by repealing the definition of "contaminated site contaminant management" in section 2 and substituting the following:

"contaminated site contaminant management" means an activity, at or away from a contaminated site, for the treatment, consolidation, removal, recycling, destruction or disposal of contaminants or contaminated substances from the site; .

Appendix 2

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

(a) in section 1 by repealing the definition of "background concentration" and substituting the following:

"background concentration" means the naturally occurring concentration of a substance in an environmental medium at a geographic area, as determined in accordance with the director’s protocols; ,

(b) in section 1 in the definitions of "high density residential use" and "low density residential use" by adding ", subject to section 1.2," after "means", and

(c) by adding the following section:

Interpretation – high and low density residential land uses

1.2 For the purposes of the definitions of "high density land use" and "low density land use" in section 1, a land use that would otherwise be a high density residential land use is to be considered to be a low density residential use if the land is also used

(a) to grow plants for human consumption, or

(b) as a playground, sports field, picnic area or other use that involves frequent contact with the soil by children.

2 Section 4.2 is amended

(a) by adding the following subsection:

(1.1) A person is exempt from the requirement to provide a site disclosure statement to a municipality under section 40 (1) (b) (ii) of the Act if the land is the site of a waste management facility that is

(a) operated under a permit or operational certificate, and

(b) actively accepting or processing waste. , and

(b) in subsection (2) by adding the following paragraphs:

(c.1) installing or replacing posts for decks;

(c.2) installing footings, pads or other concrete structures at or near the surface of the ground; .

3 Section 6.3 is amended

(a) in subsection (2) (a) by striking out "subject to" and substituting "operated under", and

(b) in subsection (3) by striking out "must be undertaken" and substituting "must be completed".

4 Section 7.1 (1) (f) is repealed.

5 Sections 8 (1) (a) and 9 (20) (f) are repealed.

6 Section 11 is amended

(a) in subsection (1) by adding the following paragraph:

(b.1) the concentration of any of the following substances, as defined in Schedule 3.2, in surface water or groundwater at the site is greater than the applicable generic numerical water standard:

(i) EPHw10-19;

(ii) nonaqueous phase liquids;

(iii) VHw6-10; , and

(b) in subsection (4) (b) by striking out "a commercial or industrial activity listed in Schedule 2" and substituting "a specified industrial or commercial use".

7 Part 8 is repealed and the following substituted:

Part 8 – Removal of Soil

Division 1 – Interpretation

Definitions

40 In this Part:

"federal land" means land under the administration and control of Her Majesty the Queen in right of Canada;

"highway" has the same meaning as in the Transportation Act;

"low-impact land use" means a land use described in any of paragraphs (a) to (d) of section 12 (3) [wildlands, agricultural, urban park or residential];

"pipeline" has the same meaning as in the Oil and Gas Activities Act;

"preload" means soil that, for geotechnical purposes, is temporarily placed on the surface of a site to compress the underlying soil;

"qualified professional", in relation to a duty or function under this Part, means an individual who

(a) is registered in British Columbia with a professional organization, acts under that organization’s code of ethics and is subject to disciplinary action by that organization, and

(b) through suitable education, experience, accreditation and knowledge may reasonably be relied on to provide advice within the individual’s area of expertise, which area of expertise is applicable to the duty or function;

"receiving site" means a site at which soil is deposited;

"source site" means a site from which soil is removed;

"transit system" has the same meaning as in the Transportation Act;

"winter-maintenance sand" means sand that is applied to roadways or other surfaces for the purpose of managing icy conditions.

Definition of "waste" in the Act

41 (1) For the purposes of the definition of "waste" in section 1 (1) of the Act, a soil is prescribed as waste in relation to a receiving site if

(a) the concentration of any substance in the soil is greater than

(i) the generic numerical soil standard applicable to the receiving site, or

(ii) the lowest value of the matrix numerical soil standards applicable to the receiving site, or

(b) the concentration of any substance in vapour emissions from the soil is greater than the generic numerical vapour standard applicable to the receiving site.

(2) Subsection (1) (a) does not apply in relation to a substance if the concentration of the substance in soil is not greater than

(a) the applicable site-specific numerical standard, or

(b) the background concentration of that substance in soil at the receiving site.

(3) Subsection (1) (b) does not apply in relation to a substance if

(a) the concentration of the substance in vapour is not greater than

(i) the applicable site-specific numerical standard, or

(ii) the background concentration of that substance in vapour at the receiving site, or

(b) the soil is exempt under subsection (4) from vapour analysis.

(4) For the purposes of subsection (3) (b), soil is exempt from vapour analysis if

(a) the soil does not contain any volatile chlorinated substance set out in Schedule 3.1, and

(b) the soil does not contain any substance with a concentration greater than

(i) the generic numerical soil standard for a low density residential land use, or

(ii) the lowest value of the matrix numerical soil standards for a low density residential land use.

Division 2 – Removal of Soil

Removal of soil

42 (1) Section 55 (1.1) [removal of soil – notice] of the Act applies to the removal of soil from a source site to a receiving site unless the soil is exempt under

(a) section 55 (1.4) [removal of small amounts of soil] of the Act,

(b) section 55 (5) [removal of soil that is waste] of the Act, or

(c) subsection (2) of this section.

(2) A removal of soil to a receiving site is exempt from section 55 (1.1) of the Act in any of the following circumstances:

(a) the receiving site is outside of British Columbia;

(b) the receiving site is on federal land, other than a reserve within the meaning of the Indian Act (Canada);

(c) the source site has not been used other than for a low-impact land use or mining of marl, earth, soil, peat, sand, gravel, dimension stone, rock or any natural substance that is used for a construction purpose on land and the soil was

(i) extracted in accordance with a permit under the Mines Act, and

(ii) transported directly to the receiving site;

(d) the soil is preload that was originally extracted from a site used for a low-impact land use, whether or not the source site is used for a low-impact land use;

(e) the soil is winter-maintenance sand.

(3) For the purposes of section 55 (1.4) of the Act, the following amount of soil is prescribed as exempt from section 55 (1.1) of the Act:

(a) in the case of soil removed from a source site classified under a director’s protocol as low, moderate, medium or intermediate risk, the prescribed amount is 30 cubic metres calculated in accordance with subsection (4) of this section;

(b) in the case of soil removed from a source site classified under a director’s protocol as high risk, no amount is prescribed.

(4) For the purposes of subsection (3) (a), the amount of soil removed is to be calculated by adding the amounts removed over the course of the same project in any period of 2 years.

Notice of removal of soil

43 (1) A notice under section 55 (1.1) [removal of soil – notice] of the Act must be

(a) in the form set out in Schedule 8, and

(b) provided to the minister by a qualified professional, through a website maintained by or on behalf of the minister, at least one week and no more than 2 years before the removal of the soil to which the notice relates.

(2) For the purposes of section 55 (1.2) (a) (iv) of the Act, a summary of an analysis of the quality of soil must identify

(a) which substances in the soil or in vapours emitted from the soil were analyzed, and

(b) the concentrations of those substances.

(3) For the purposes of section 55 (1.2) (a) (v) of the Act, a notice under section 55 (1.1) must include the information specified in the form set out in Schedule 8.

Division 3 – High Volume Sites

Definitions

44 In this Division:

"high volume site" means a site in relation to which section 55.1 (2) [high volume soil receiving sites] of the Act applies;

"managed soil", in relation to a high volume site, means relocated industrial or commercial site soil that is

(a) relocated to the site, and

(b) not exempt under section 45 (3).

High volume sites

45 (1) For the purposes of section 55.1 (2) of the Act, the prescribed amount is 20 000 cubic metres.

(2) Section 55.1 (2) of the Act does not apply in relation to a waste management facility.

(3) Subject to subsection (4), section 55.1 (2) of the Act does not apply in relation to soil that is relocated to a site in any of the following circumstances:

(a) the soil is relocated to the site before November 1, 2022,

(b) the soil does not meet any of the following criteria:

(i) the concentration of any substance in the soil is greater than

(A) the generic numerical soil standard applicable to a site that is used for a low-impact land use, or

(B) the lowest value of the matrix numerical soil standards applicable to a site that is used for a low-impact land use;

(ii) the concentration of any substance in vapour emissions from the soil is greater than the generic numerical vapour standard applicable to a site that is used for a low-impact land use;

(c) subject to subsection (4), the soil is relocated to a site of any of the following facilities in the course of constructing or maintaining the facility:

(i) a highway;

(ii) a transit system;

(iii) a pipeline;

(iv) a sewage collection system;

(v) a drainage collection system that is below ground;

(vi) a water distribution system;

(vii) an electricity transmission or distribution system;

(viii) a telecommunications line or tower;

(ix) a right of way required for infrastructure described in any of subparagraphs (i) to (viii);

(x) dikes, green shores or other structures constructed to prevent flooding or erosion.

(4) The exemption under subsection (3) (c) does not apply in relation to soil that is relocated to a site described in that subsection if

(a) the site is within 10 metres of

(i) a watercourse or body of water, whether or not usually containing water, or

(ii) any of the following that is connected by surface flow to a watercourse or body of water referred to in subparagraph (i):

(A) a ditch, whether or not usually containing water;

(B) a spring, whether or not usually containing water;

(C) a wetland, and

(b) the soil contains an organic substance with a concentration greater than

(i) the generic numerical soil standard applicable to a site that is used for a low-impact land use, or

(ii) the lowest value of the matrix numerical soil standards applicable to a site that is used for a low-impact land use.

Registration of high volume site

46 (1) For the purposes of section 55.1 (2) (a) of the Act, the owner of a high volume site must register the site with the minister.

(2) An application for registration under subsection (1) must be

(a) in the form set out in Schedule 8.1, and

(b) submitted by a qualified professional through a website maintained by or on behalf of the minister.

Soil management plan

46.1 (1) For the purposes of section 55.1 (2) (a) of the Act, the owner of a high volume site must

(a) have a soil management plan for the site, and

(b) manage the site in accordance with that soil management plan until the site is closed.

(2) A soil management plan for a high volume site must be

(a) developed by a qualified professional, and

(b) approved by an approved professional other than the qualified professional who developed the plan.

(3) A soil management plan for a high volume site must

(a) ensure the managed soil at the site is contained so that substances in that soil do not migrate from the site in concentrations sufficient to cause contamination at another site, and

(b) without limiting paragraph (a),

(i) set out procedures for

(A) the detailed tracking of the source sites of the managed soil at the site and the locations at the site where the managed soil from each source site is deposited, and

(B) seasonal groundwater monitoring, and

(ii) include a plan for closure of the high volume site.

(4) A soil management plan under subsection (1) for a high volume site must be implemented under the supervision of a qualified professional.

(5) A closure plan under subsection (3) (b) (ii) must provide that the site must not be closed until

(a) the operator has ceased accepting relocated industrial or commercial site soil for deposit at the site, other than soil exempt under section 45 (3), and

(b) an approved professional has given an opinion that

(i) the substances in the managed soil at the site are stable, in accordance with the director’s protocols, and

(ii) seasonal groundwater monitoring is no longer required for the purposes described in subsection (3) (a) of this section.

(6) An opinion referred to in subsection (5) (b) must be in writing and must set out the reasons on which the opinion is based.

(7) The owner of a high volume site must retain a copy of the soil management plan for the site for at least 10 years after the site is closed.

8 Schedule 1 is repealed and the attached Schedule 1 is substituted.

9 Schedule 2 is repealed.

10 The attached Schedule 2 is added.

11 Schedule 3 is amended

(a) in the heading to Table 1 by striking out "Site Profiles" and substituting "Site Disclosure Statements",

(b) in item 1 of Table 1

(i) by striking out "Site Profiles" in the heading and substituting "Site Disclosure Statements", and

(ii) by striking out "site profile" and substituting "site disclosure statement",

(c) in Table 2 by repealing item 3 (a), and

(d) in Table 3

(i) by striking out "contaminated soil relocation agreement," in item 1, and

(ii) by striking out "site profile" and substituting "site disclosure statement" in item 2.

12 Schedules 3.1 to 3.4 are repealed and the attached Schedules 3.1 to 3.4 are substituted.

13 Schedule 8 is repealed and the attached Schedule 8 is substituted.

14 The attached Schedule 8.1 is added.

Schedule 1

Schedule 2
Specified Industrial or Commercial Uses

Schedules 3.1 to 3.4

Re: B.C. Reg. 128/2022

Pursuant to section 6 of the Regulations Act, I hereby exempt from publication the Schedules referred to in section 12 of Appendix 2 of B.C. Reg. 128/2022.

These Schedules can also be found in B.C. Reg. 133/2022, where they are enacted by section 12 of the Appendix.

B.C. Reg. 128/2022 may be inspected in its entirety during regular office hours at the following address:

Ministry of Environment & Climate Change
525 Superior St
Victoria, BC V8V 1T7

Rodney W. Fehr, Registrar of Regulations.

Schedule 8

Schedule 8.1


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