Update Announcement
This notice was updated on March 22, 2021 to correct the coordinates in the map.
This consultation was open from:
June 14, 2017
to July 29, 2017
Decision summary
A Certificate of Property Use (CPU) was issued to Imperial Oil Limited for the continued commercial use of the property located at 1508 Richmond Road in the City of Ottawa.
Location details
Site location details
1508 Richmond Road, Ottawa
Part of Lot 21, Concession 1, Ottawa Front, as in NP42228, except CR405004;
Ottawa-Nepean, together with an easement over Part of Lot 21, Concession 1
Ottawa Front, Part 1, Plan 4R3261 except Parts 1 and 2, Plan 4R5836, as in OC714379.
(Designated as Part 1 on Registered Plan 4R-20752)
Site location map
The location pin reflects the approximate area where environmental activity is taking place.
View this location on a map opens link in a new windowProponent(s)
Imperial Oil Limited
1 Duncan Mill Road
North York,
ON
M3B 1Z2
Canada
Decision details
Certificate of Property Use (CPU) No. 5225-ADDSRF-A was issued to Imperial Oil Limited on February 28, 2018. A letter of amendment was subsequently issued on June 25, 2018 to correct the numerical values of two property specific standards erroneously transcribed from the risk assessment to the original CPU.
The CPU requires the instrument holder to ensure that the following key measures, set in the context of a modified ecological protection approach, are undertaken at the property:
- providing barriers to soils present at depths greater than 1.5 metres below ground surface
- prohibiting soils present at depths greater than 1.5 metres from being moved closer to the ground surface unless they are transported off the property within the same week of their excavation
- prohibiting the construction of any new building unless it is equipped with a passive soil vapour intrusion management system which includes provisions for upgrading to an active soil vapour intrusion management system
- preparing and implementing a property specific soil management plan for any and all intrusive activities undertaken at the property that could potentially put workers and/or occupants in contact with Chemicals of Concern (COCs) present at depths greater than 1.5 metres below ground surface
- preparing and implementing a property specific health and safety plan for any and all intrusive activities undertaken at the property that could potentially put workers and/or occupants in contact with COCs present at depths greater than 1.5 metres below ground surface
- implementing a groundwater monitoring program
- implementing a vapour monitoring program in advance of occupying any new building
- refraining from using the groundwater at the property
- registering a certificate of requirement on the property title in accordance with Section 197 of the Environmental Protection Act and ensuring that before dealing with the property in any way, a copy of the CPU be given to any person who will acquire an interest in the property
A copy of CPU No. 5225-ADDSRF-A and of the letter of amendment are attached to this notice.
Supporting materials
View materials in person
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
2430 Don Reid Drive
Unit 103
Ottawa,
ON
K1H 1E1
Canada
2430 Don Reid Drive
Unit 103
Ottawa,
ON
K1H 1E1
Canada
How to Appeal
This instrument decision can be appealed. You have 15 days from March 18, 2021 to begin the appeal process.
Carefully review the information below to learn more about the appeal process.
How to appealClick to Expand Accordion
For instrument decisions published on or after June 1, 2021, please refer to the updated instructions for information on how to appeal a decision.
Appeal process for decisions published before June 1, 2021
If you’re an Ontario resident, you can start the process to appeal this instrument decision.
First, you’ll need to seek leave (i.e. get permission) from the relevant appellate body to appeal the decision.
If the appellate body grants leave, the appeal itself will follow.
Seek leave to appeal
To seek leave to appeal, you need to do these three things:
- prepare your application
- provide notice to the minister
- mail your application to three parties
1. Prepare your application
You’ll need to prepare an application. You may wish to include the following things in your application:
- A document that includes:
- your name, phone number, fax number (if any), and/or email address
- the ERO number and ministry reference number (located on this page)
- a statement about whether you are a resident in Ontario
- your interest in the decision, and any facts you want taken into account in deciding whether you have an interest in the decision
- the parts of the instrument that you’re challenging
- whether the decision could result in significant harm to the environment
- the reason(s) why you believe that no reasonable person – having regard to the relevant law and to any government policies developed to guide decisions of that kind – could have made the decision
- the grounds (facts) you’ll be using to appeal
- the outcome you’d like to see
- A copy of the instrument (approval, permit, order) that you you are seeking leave to appeal. You’ll find this in the decision notice on the Environmental Registry
- Copies of all supporting documents, facts and evidence that you’ll be using to appeal
What is considered
The appeal body will consider the following two questions in deciding whether to grant you leave to appeal:
- is there is good reason to believe that no reasonable person, with respect to the relevant law and to any government policies developed to guide decisions of that kind, could have made the decision?
- could the decision you wish to appeal result in significant harm to the environment?
2. Provide your notice
You’ll need to provide notice to the Minister of the Environment, Conservation and Parks that you’re seeking leave to appeal.
In your notice, please include a brief description of the:
- decision that you wish to appeal
- grounds for granting leave to appeal
You can provide notice by email at minister.mecp@ontario.ca or by mail at:
College Park 5th Floor, 777 Bay St.
Toronto, ON
M7A 2J3
3. Mail your application
You’ll need to mail your application that you prepared in step #1 to each of these three parties:
- appellate body
- issuing authority (the ministry official who issued the instrument)
- proponent (the company or individual to whom the instrument was issued)
Imperial Oil Limited
1 Duncan Mill Road
North York,
ON
M3B 1Z2
Canada
Environmental Review Tribunal
Attention: The Secretary
655 Bay Street
Floor 15
Toronto, Ontario
M5G 1E5
(416) 212-6349
(866) 448-2248
OLT.Registrar@ontario.ca
Include the following:
This is not legal advice. Please refer to the Environmental Bill of Rights for exact legal requirements. Consult a lawyer if you need help with the appeal process.
Connect with us
Contact
Ottawa District Office
2430 Don Reid Drive
Unit 103
Ottawa,
ON
K1H 1E1
Canada
Original proposal
Proposal details
Description of instrument
The Director is proposing to issue a Certificate of Property Use (CPU) to Imperial Oil Limited for the current and future conditions of the property of concern.
The current and future property use at this location is identified as Commercial Use, non-potable groundwater criteria in accordance with Ontario Regulation 153/04, as amended. The Property Specific Standards for the Contaminants of Concern for this property are set out in Schedule 'B' of the CPU. The Risk Management Measures to be established and maintained for this site are listed in the proposed CPU.
The proposed CPU requires the instrument holder to ensure that the following key risk management measures, determined on the basis of a Modified Ecological Protection approach, are undertaken:
Soil Management
- Subsurface Soils, which are currently found at a depth of 1.5metres or more below grade, shall remain in place, unless they are excavated and removed from the Property
- Soil barriers shall be maintained indefinitely above the Subsurface Soils. The soil barriers may be modified in relation to the new circumstances created by site alterations. A minimum of 1.5metres of soil - meeting the Property Specific Standards and Industrial/Commercial/Community Property Use Standards for coarse-textured soils listed in Table 3 of the Soil, Ground Water and Sediment Standards for Use under Part XV.1 of the Environmental Protection Act (published by the Ministry on April 15, 2011) - shall be maintained across the Property except for those areas covered with concrete, asphalt or gravel and which are addressed by their respective barrier requirements
- Preparation of a written Soil Management Plan by a Qualified Person for managing excavated soils or soils brought to the Property. The said plan shall also be implemented under the supervision of a Qualified Person
Soil Vapour Management
- Any future building erected at the Property shall include in its design a passive soil vapour intrusion management system (SVIMS) consisting of:
- an impermeable geosynthetic membrane no closer than 1.2metres from the underside of the building concrete floor slab and extending over it entire footprint
- two collection-transmission system (perforated and solid/nonperforated pipes) to intercept any organic vapour that may be located above and below the geosynthetic membrane and to vent them to the atmosphere passively. Provisions shall be made for upgrading the said venting system to an active Soil vapour intrusion management system (SVIMS) as a contingency measure
- Any future building erected at the Property shall be equipped with sub-slab vapour probe(s) or sub-slab vapour pin(s) for the collection of soil vapour samples which quality shall be checked against soil vapour quality criteria
Environmental Monitoring Plans
- Implementation of a Groundwater Monitoring Plan to inform decisions to be made in relation to the protection of receptors on- and off-site
- Implement a sub-slab vapour monitoring plan at any and all new building(s) to provide data on the concentration of soil vapours and, identify when it should be supplemented by indoor air quality monitoring. When necessary, the passive Soil vapour intrusion management system SVIMS shall be upgraded to an active Soil vapour intrusion management system SVIMS to enhance the removal of vapours from the sub-slab soils and to virtually eliminate soil vapour intrusion into any and all buildings
- Implement a Health and Safety Plan to protect workers in contact with impacted soils and groundwater in the event that the risk management measures need to be breached
- Implement an inspection and maintenance program to preserve the integrity of monitoring equipment and all capping materials providing a barrier to impacted soils
Administration and Reporting
- Annually transmit the most recent groundwater monitoring report to the owner of the property located at 1490 Richmond Road for as long as the building currently located the closest and east of the common property line remains in place
- Submit an Annual Report to the Director by March 31st of each calendar year
- Register a Certificate of Requirement on the Property title in accordance with Section 197 of the Environmental Protection Act, including the CPU as a Schedule. The Certificate of Requirement will ensure that before dealing with the Property in any way, a copy of the CPU is to be given to any person who will acquire an interest in the property
Supporting materials
View materials in person
Some supporting materials may not be available online. If this is the case, you can request to view the materials in person.
Get in touch with the office listed below to find out if materials are available.
2430 Don Reid Drive
Unit 103
Ottawa,
ON
K1H 1E1
Canada
2430 Don Reid Drive
Unit 103
Ottawa,
ON
K1H 1E1
Canada
Comment
Commenting is now closed.
This consultation was open from June 14, 2017
to July 29, 2017
Connect with us
Contact
Steve Burns
2430 Don Reid Drive
Unit 103
Ottawa,
ON
K1H 1E1
Canada
Comments received
Through the registry
0By email
0By mail
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