What are "Potentially Contaminating Activities" for Phase I Environmental Site Assessments, Ontario?

Ontario Ministry of Environment's new Brownfield legislation becomes law July 1, 2011.  Of interest is the section called "Potentially Contaminating Activities" (PCA). PCA's refer to a use or activity "that is occurring or has occurred" at the "Phase 1 Property" or within the greater "Phase 1 Study Area" (250 metre radius from the Phase 1 site).

Phase 1 Study Area. Source: Ministry of Environment

Simply put a PCA is an activity which is more likely to cause soil and groundwater contamination (ie. gas station), vs more benign activities (office).

 If a PCA is found to have occured at the Phase 1 Property, during a Phase 1 Environmental Site Assessment, then the report must recommend a Phase II ESA be conducted (ie. testing of the soil and groundwater). This will undoubtably mean more time, more money for a Phase 1 ESA. This coupled with stricter guidelines for most (65%) contaminants, means there will be a higher probability of a site being found to be contaminated during the Phase II Environmental Site Assessment investigation.


If a PCA is found off the site but within the 250 meter Phase 1 Study Area, the investigator (known as "Qualified Person" or "QP") still has the discretion to recommend a Phase II, but it is not required.


So what are these "Potentially Contaminating Activities"? The new regulations identify 71 PCA's, which are unfortunately buried within the lengthy Ontario Regulation 153/04 Records of Site Conditions - Part XV.1 of the Act. For ease of reference I have post the list below.


Remember just because a property has or had a PCA does NOT mean it is contaminated. But a Phase II Environmental Site Assessment will have to be conducted before a lender will sign-off on financing.


I've highlighted the "common offenders" for ease of reference.

1	Abrasive blasting	24	Plastics (including Fibreglass) Manufacturing, Processing, Storage and Disposal	48	Mining, Smelting or Refining; Ore Processing; Tailings Storage
2	Airstrips or Hangars Operation	25	Rubber Manufacturing or Processing	49	Mining of Coal
3	Antifreeze Manufacturing, Processing, Use, Bulk Storage, Handling, Disposal or Recycling	26	Soap or Detergent Manufacturing, Processing or Bulk Storage	50	Military Exercises
4	Laboratory or Chemical Analysis	27	Solvent Manufacturing, Processing, Use, Storage, Handling or Disposal	51	Ordnance Use, Demolition or Disposal
5	Asphalt or Bitumen Manufacture or Bulk Storage	28	Drum and Barrel or Tank Reconditioning or Recycling	52	De-icing and Antifreeze Agent Manufacturing, Processing, Use, Storage, Handling or Disposal
6	Battery Manufacturing, Recycling or Disposal	29	Dry Cleaning (where chemicals are used)	53	Salt Manufacturing, Processing, Use, Storage, Handling or Disposal
7	Boat Building and Maintenance	30	Electrical Equipment or Transformer Manufacturing, Processing, or Use	54	Oil or Gas Refining and Storage
8	Concrete, Cement or Lime Manufacturing	31	Electricity Generation or Transformation or Power Stations	55	Oil Production
9	Putrescible Materials Handling, Disposal or Recycling Cemeteries	32	Electronic or Computer Equipment Manufacturing or Reconditioning	56	Discharge of Brine
9	Putrescible Materials Handling, Disposal or Recycling	33	Explosives or Ammunition Manufacturing, Production, Use, Bulk Storage, Demolition or Disposal	57	Heating Oil Manufacturing, Processing, Use, Storage, Handling or Disposal
10	Chemical Manufacturing, Processing, Use, Storage, Handling or Disposal	34	Fire Training	58	Motor Vehicle Operation or Maintenance
11	Acid or Alkali Manufacturing, Processing, Use, Storage, Handling or Disposal	35	Fire Retardant Manufacturing, Processing, Use, Storage, Handling or Disposal	59	Port Activities, including Operation and Maintenance of Wharves and Docks
12	Adhesives or Resins Manufacturing, Processing, Use, Storage, Handling or Disposal	36	Foundry Operations	60	Printing and Duplicating
13	Cosmetics Manufacturing, Processing, Use, Bulk Storage, Handling or Disposal	37	Fuel Storage and Dispensing	61	Pulp, Paper and Paperboard Manufacturing and Processing
14	Dye Manufacturing, Processing, Use, Storage, Handling or Disposal	38	Coal Gasification	62	Salvage or Junk Yard Operation or both
15	Fertilizer Manufacturing, Processing, Use, Bulk Storage, Handling or Disposal	39	Gas Manufacturing, Processing and Storage	63	Scrap Metal Recovery and Auto Wrecking
16	Flocculants Manufacturing, Processing, Use, Storage, Handling or Disposal	40	Ink Manufacturing, Processing or Storage	64	Sewage Treatment
17	Foam or Expanded Foam Manufacturing or Processing	41	Iron and Steel Manufacturing or Processing	65	Tanning (and associated trades activities)
18	Glass Manufacturing	42	Coke Oven Operation	66	Textile Manufacturing or Processing
19	Landfilling	43	Incinerating or other Thermal Processing	67	Wood Treating, Preservation and Storage
20	Paint Manufacturing, Processing, Use, Bulk Storage, Handling or Disposal	44	Machine Maintenance and Operation, Metal Fabrication	68	Automotive Repair or Maintenance; Autobody Shop Operation; Vehicle Maintenance and Repair Garages (Auto, bus, truck, railcar, marine, aviation vehicles, etc.)
21	Pesticides (including Herbicides, Fungicides and Anti-Fouling Agents) Manufacturing, Processing, Use, Storage, Handling or Disposal	45	Metal Treatment or Coating	69	Vehicle Manufacturing and Associated Activities
22	Pharmaceutical Manufacturing, Processing or Storage	46	Metal Plating or Finishing	70	Waste Disposal or Waste Management — other than the use of biosolids as soil conditioners
23	Photographic Processing	47	Metal Fabrication	71	Importation of Fill Material of Unknown Quality