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A Summary of the 2002 Amendments to the Yukon Contaminated Sites Regulation
The Yukon government passed the Contaminated Sites Regulation (CSR) in 1996 to protect human health and the environment from harmful contaminants in soil and water. The Regulation addresses the identification and restoration of contaminated sites as well as liability issues. It applies on Yukon government lands, private lands and all lands other than federally owned lands.
The amendments passed in July 2002 allow for more complex approaches to site restoration and make the regulation consistent with those in other jurisdictions by:
- Allowing the use of Risk Based Standards for the restoration of contaminated sites;
- Requiring a permit for constructing and operating a land treatment facility to remediate soil contaminated with petroleum hydrocarbons; and
- Making the numerical standards in the CSR consistent with new scientific studies and other Canadian jurisdictions (particularly British Columbia).
1. Risk Based Standards
The amended regulation now allows for three types of standards to be applied to a contaminated site: numerical, site-specific, and risk based. Proponents may choose between the three to clean up a site.
Risk Based Standards are normally used on large sites with complex contamination, and can in some cases mean that contamination can be left and managed "on-site" if the risk to the environment and the public can be minimized to acceptable levels. Risk Based Standards are complex and expensive to use. However, proponents of contaminated sites can still save money if a site can be restored and sold rather than be left unused.
Proponents wishing to undertake a risk assessment for a site are required to obtain a Risk-based Restoration Permit. This permit provides for the inspection of risk assessment, risk management and monitoring activities at the site. A proponent must also agree to pay for the review of the risk assessment reports, according to the risk assessment review fees protocol.
Sections 6, 7, 10 and 11 of the Contaminated Sites Regulation address the use of risk based standards.
2. Land Treatment Facilities
Land Treatment Facilities are an inexpensive and efficient way to remediate petroleum hydrocarbon contaminated soil for use in other projects. Land Treatment Facilities built on a suitable site and operated properly do not create an environmental hazard. However, an improperly constructed or operated Land Treatment Facility could contaminate the native soil and groundwater, creating a contaminated site.
A Land Treatment Facility Permit is now required for anyone wishing to establish a Land Treatment Facility on territorial or private land.
Sections 17, 18, 19 and 20 of the CSR address Land Treatment Facilities.
3. Other Amendments
The CSR contains numerical standards for a large number of chemical compounds that can be contaminants in soil and water. These standards have been amended to keep them up to date and consistent with other jurisdictions.
Schedules 1, 2 and 3 of the CSR contain the soil and water numerical standards.