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Contaminated Sites Regulation
To protect human health and the environment from harmful contaminants in soil and water, the Yukon Government passed the Contaminated Sites Regulation (CSR) in 1996 and amended it in 2002. The CSR establishes cleanup standards, processes for identifying and investigating contaminated sites, and permits for managing contaminated material. It applies on all non-Federal land in the territory, including Yukon government land and private land. This fact sheet gives a brief overview of some aspects of the regulation.
Numerical StandardsThe CSR contains soil and water standards, based on national and provincial guidelines, which set out allowable levels of various contaminants based on human and environmental health considerations. There are four different types of numerical standards allowed under the CSR:
1) The Generic Numerical Soil Standards (CSR Schedule 1) set the limits on acceptable levels for a variety of contaminants in soil.
2) The Matrix Numerical Soil Standards (CSR Schedule 2) separate environmental and human health protection components. They are more site-specific and can be less restrictive in situations where there are no impacts on sensitive organisms. Schedule 2 allows for a more flexible approach based on the site conditions and the type of land use.
3) The Generic Numerical Water Standards (CSR Schedule 3) set the limits on acceptable levels of contaminants in water.
4) Site-Specific Numerical Standards are based on the characteristics and features of a specific site. They are sometimes used when numerous contaminants are present at the site or if other complicating factors are involved. Site-specific standards are developed by the proponent using formulas, and must be approved by the Department of Environment before being used at a site.
At some sites, contaminants may be present naturally in the environment at higher levels than are allowed in the schedules. In such cases the site may be cleaned up to the local background concentration of the contaminants rather than to the numerical standard.
Determination of Contamination
A two step process is normally used to determine whether contamination exists at a site:
1) During a Site Investigation (or “Phase I Assessment” ), information about the site – such as past and current activities, spills and material handling practices – is compiled. A list is then developed of possible contaminants that may be found on the site and areas where they might be located. 2) If potential areas of contamination are identified, a Site Assessment (or “Phase II Assessment” ) may be carried out. This involves sampling the soil or water in those areas and analyzing the samples for the possible contaminants identified in the Site Investigation in order to specify the areas, depths and concentrations of contaminants on the site.
The CSR specifies what must be included in Site Investigation and Site Assessment reports.
Test results from suspected contaminated sites are compared to the applicable standards to determine whether or not a site is contaminated, or if a contaminated site has been adequately cleaned up. If a site has contamination in soil or water at levels above those in the applicable standards it is considered a contaminated site. There are several hundred known contaminated sites in the Yukon of varying sizes and complexity.
In certain cases the Minister of Environment may formally designate a site as contaminated. If so, information about the site is placed on the Public Registry (see below), and certain types of activities at the site must be approved by the Department of Environment.
Remediation
A Plan of Restoration (or “Remedial Action Plan” ) is sometimes developed to specify how contamination at a site will be cleaned up (remediated); the CSR lists elements that must be included in such plans. Whether or not a Plan of Restoration is developed, most people voluntarily clean up contamination on their properties. In certain other cases, the Minister of Environment may order a responsible party to clean up a site if it has been formally designated as contaminated and if the contamination is causing or is likely to cause irreparable harm to the natural environment.
Depending on the nature and level of the contamination, several options may be available to remediate a site to acceptable levels. These options fall into two main types of restoration:
A) In situ Remediation: This refers to remediation that can be carried out in place without removing the contaminated material from the ground. The following remediation methods can be used in place:
Bioremediation: Bacteria or enzymes are used to promote accelerated degradation of organic chemicals such as hydrocarbons.
Containment and isolation: Materials that are impermeable to the contaminant are used to contain it.
Trench and gate: Excessive migration is prevented by containment and treatment techniques.
Intrinsic remediation: The contaminants are stabilized through biodegradation, dispersion, dilution, sorption, volatilization or by chemical or biochemical means.
B) Ex situ Remediation: This refers to remediation that is carried out after the contaminated material is removed from the ground. The following remediation methods can be used after removal:
Landfarming: The contaminated soil is excavated and spread in a thin layer over a large area to allow volatilization or bioremediation to take place.
Thermal Desorption: Petroleum contaminated soils are treated through volatilization in a high temperature environment.
Confirmation sampling is required to confirm that the site has been successfully remediated. In addition, follow-up monitoring may be required. The Department may issue a Certificate of Compliance for a Designated Contaminated Site upon completion of the remediation.
Risk AssessmentNot all contaminated sites pose a threat to human or environmental health. In that case a Risk Assessment may be used to demonstrate that the site is not a threat and that clean up to the CSR standards is not necessary to protect human health and the environment; instead, risk-based restoration standards are developed and used. Risk assessments are not an “easy out” or a way to avoid doing proper cleanup of a site; they are a very technical and complex way of objectively quantifying the risks posed by contamination at a site. Risk assessment is not suitable for use at all sites. In general, preference is given to restoration strategies that provide permanent solutions to the contamination. See the separate fact sheet on Risk Assessment for additional details on this option.
PermitsUnder the CSR, permits are required to do any of the following:
A) Relocate contaminated material: A Relocation Permit must be obtained to move contaminated material from one site to another if the material is to be transported on a public road or over public lands.
B) Construct or operate a Land Treatment Facility: A Land Treatment Facility treats contaminated material in order to reduce the concentration of hydrocarbon-based contaminants to levels under the CSR criteria. After treatment, the material can then be reused.
C) Use Risk-Based Restoration Standards: Under some circumstances a proponent may develop site-specific restoration standards based on a Risk Assessment. A permit is required to use these cleanup standards instead of those listed in the CSR.
Applications for all permits under the CSR can be obtained from the Environmental Programs Branch.
Some contaminated sites are formally designated as such by the Minister of Environment, in which case they are recorded in a public registry. This registry contains summaries of past site investigations, site assessments, test results, any Certificates of Compliance that may have been issued upon restoration, and any other relevant information about Designated Contaminated Sites. It is important to note, however, that not all contaminated sites are designated by the Minister, and so not all contaminated sites are listed in the registry.
The registry can be obtained from the Environmental Programs Branch in Whitehorse. If you are interested in a site but it is not listed on the public registry, please contact the Branch to inquire if any other information on the site is available.
Reporting Contaminated SitesThe CSR does not require landowners to advise the Department of Environment if they find contamination, but many people voluntarily choose to do so. Also, many real estate transactions and insurance companies now require confirmation that properties have been cleaned up to the appropriate standards. The Environmental Programs Branch can assist landowners, vendors and purchasers in reviewing reports of contamination and interpreting the applicability of the CSR to their site.
If you would like to report a suspected contaminated site, please contact your local Conservation Officer or the Environmental Programs Branch.
For more information on the Contaminated Sites Regulation, please contact the Environmental Programs Branch