We recently overheard one of our clients, a seasoned developer, explaining to a colleague “the most important lesson I’ve learned when working on complex projects, is that you have to find and work with the right environmental professionals”.  We wholeheartedly agreed, and asked for their permission to use this powerful statement as an endorsement of the value they have found in our expert knowledge and service.

The Difference of an Experienced Environmental Specialist

The correct handling of the environmental aspects of any development project can impact both budget and timeline, from permit approvals to bank financing, and also in identifying and mitigating financial and other risks. An experienced and professional engineering firm that specializes in environmental science will understand the nuances between different sites and scenarios, and the applicable regulations, and will help guide you through the process with ease.

Whether your site is simple or complicated, the outcome of the service you receive is vital.

QUESTION TWO

Do I need a Record of Site Condition (RSC)?

When a property’s use is changing to one that is more sensitive, typically when a commercial or industrial site is redeveloped for residential or institutional use, it will require a Record of Site Condition (RSC) as prescribed through Ontario’s Ministry of the Environment, Conservation and Parks (MECP), and typically requested from a municipality at the time of permitting. There are also some limited exceptions to this rule.

The standard for environmental care in Ontario is found in Ontario Regulation 153/04. This extensive regulation defines what property owners are required to do for their site to ensure that they are protective of human health and the environment. O. Reg. 153/04 essentially outlines the conditions and process that lead to obtaining an RSC. This generally involves:

• A Phase 1 Environmental Site Assessment (ESA), which looks at the history and possible areas of concern on a site.
• If Areas of Potential Environmental Concern (APECs) exist, a Phase 2 ESA will be required, which involves testing the soil and groundwater on the site to determine whether any environmental impacts exist.
• If contamination is found, environmental remediation may be required, which could take many forms, from simply disposing of some soil, to performing a large scale bioremediation or other operation.
• In some cases, an environmental Risk Assessment may be the practical solution, or a combination of these options.
• Finally, an RSC may be issued when the site meets allowable criteria.

QUESTION THREE

What regulatory standard will the ESA be completed to?

CSA compliant ESAs are the most common ESAs undertaken and are typically completed for real estate purposes (buying/selling, refinancing) or due diligence. This is a faster and more cost-effective option, while still providing a comprehensive report, but can not be used for submission of an RSC.

In Ontario, the environmental regulatory standard of a property’s assessment, testing and reporting required for an RSC is O. Reg. 153/04. Our clients most often request this type of report because a municipality has required it. This report follows more stringent criteria as laid out in O.Reg. 153/04, which results in a significant increase in time and cost.

Ensure that the consultant is able to verify which standard of report you require, and is qualified to complete any investigations in accordance with applicable regulations. Request that they provide proof of this. If your environmental professionals are only providing a Phase 1 or 2 ESA, and not filing an RSC for the property at this time, confirm whether the ESA can be utilized for the submission of an RSC in the future.

QUESTION FIVE

What is the upper cost limit for this project?

It is essential to get your consultant’s quotation for a project in writing, with a defined scope of work. Site work costs can be unpredictable as there are many factors that can impact a project from site and neighbouring site history to site access, soil and groundwater conditions.

Make sure that your consultant prepares you with an expected range of costs, and isn’t simply providing a minimum price based on a best-case assumption.

You can also ask how they track their expenses and how frequently you will get updates on project progress and budget, and has a plan for preventing overruns and a policy of advising you of any changes in the project scope or budget. Clear, transparent communication is key.

QUESTION SIX

How well do you understand my situation and end goals for the project?

See if the consultant is interested in what your priorities for the property are, and is willing to modify project plans in order to try to meet these priorities. A good consultant will work within your goals for a property, and may be able to offer alternative approaches. Understanding a client’s plans for the site, relevant history, timelines, budget or any other constraints will help shape the project parameters and ensure that expectations are realistic and achievable.

QUESTION SEVEN

What are some approaches you have taken to meet the requirements for an RSC?

A good consultant will consider and be able to discuss multiple potential solutions that will help achieve your goals and satisfy regulatory requirements. They will adapt the project to accommodate the site-specific scenarios. The solutions they use may include various methods of testing, different approaches to remediation, and risk assessment.

Ontario Regulation 153/04 is very prescriptive, but also provides options for different approaches as long as the result satisfies the regulation. For instance, your QP may suggest classifying the site for non-potable water use because the standards are less stringent. This is one approach to meeting the requirements of the site, and may or may not give the results you need. It is important to know how your consultant will work within the regulations.

QUESTION EIGHT

How will I be kept informed of project progress?

Does the consultant communicate well? Make sure that he or she will assign you an experienced project manager who you can easily contact with concerns and who will stay with the project until completion. Your consultant should give you frequent updates. This prevents misunderstanding, unnecessary delays, and unplanned costs.

Both short and longer-term projects benefit from the diligent use of project management software that identifies upcoming tasks and allows the project manager to provide planned, or real-time updates to the client.

QUESTION NINE

What technology do you use in site assessments? Do you use on-site testing?

On-site testing with modern technologies can decrease time on-site and lower the cost of your site assessments or remedial activities.

One example of this is on-site x-ray fluorescence testing which can detect metals contamination in soil in a matter of minutes, while significantly lowering laboratory costs for the client and expediting field work.

For consultants that use it effectively, on-site testing has sped up remediations by finding the boundaries of contamination during an excavation. If a soil sample tests positive for an impact, the excavation is expanded slightly and tested again, until the limit of the impact is found. This approach prevents the unnecessary, costly, excavation and disposal of clean soil, and ensures that all the contamination is removed in one try. Results are confirmed with lab testing (including all necessary duplicates and blanks).

By using appropriate technology and process, your consultant will be able to efficiently and confidently direct your site investigation and remediation (if necessary).

QUESTION TEN

How many RSCs have you successfully had acknowledged since July 2011?

Be sure that the consultant has adequate experience. A consultant who has been in the industry for a long period of time will know how to navigate the amended regulations better than somebody new to the field. In addition, an experienced consultant understands the challenges and options within the regulation and can give you a realistic picture of the time, sampling, and cost that will be require. Since O. Reg. 153/04 became more stringent in 2011, filing an RSC has been more challenging. Ensure that your consultant has enough experience to help your site achieve compliance.