On August 12, 2024, BC Ministry of Environment and Climate Change Strategy (BC ENV) released an updated version of BC Contaminated Sites Regulation Protocol 6 (Version 13.0). The changes bring greater flexibility for contaminated site development.
Protocol 6 is a document which outlines the key requirements that contaminated site investigations, risk assessments, and Approved Professionals must adhere to when applications are made for regulatory instruments (e.g., Determination, Approval in Principle, Certificate of Compliance) based upon review and recommendation of a Contaminated Sites Approved Professional (CSAP).
The key revisions offering more flexibility to contaminated site development are:
- Applications for an Approval in Principle of a Remediation Plan can now propose a remediation schedule longer than 5 years without pre-approval of BC ENV.
- New Section 3.1.5: This section clarifies BC ENVs expectations for Detailed Site Investigations with respect to delineation of contamination when applying for an approval in principle.
“For an application for an Approval in Principle, remediation plans are expected to be based on full delineation – horizontal and vertical – of contamination at the site (i.e., a complete detailed site investigation). If the perimeter of the site has been investigated and substances which have migrated to neighbouring properties are fully delineated, it may be acceptable to a director for a remediation plan to include provisions for limited supplementary site investigation to complete full delineation. In this case, the applicant must provide justification for the incomplete delineation and the remediation plan must include a plan and schedule to complete delineation.” (BC Contaminated Sites Regulation Protocol 6, page 4)
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So why is this important for your project? With this revision to Protocol 6, BC ENV has now recognized that there may be circumstances where full spatial delineation of soil or groundwater contamination has not yet been achieved on a Site, however application for an Approval in Principle may proceed with data gaps to be resolved at a later date. |
To obtain an Approval in Principle, full delineation is still required with respect to contamination at property boundaries or on affected “offsite” parcels. The following examples of circumstances where full on-site delineation can be performed later have been provided on the Certification page of BC ENV’s website:
- When there is a reasonable business case to delay delineation, such as maintaining an onsite revenue earning business, or a multi-phased development;
- When site access is limited because of municipal demolition permit restrictions relating to onsite heritage buildings or multi-residential structures; and
- When funding from a lender must be secured prior to the start of a development project.
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Keystone Environmental can help you navigate these regulatory changes and help support your project needs. We recognize issues, evaluate risks, and effectively apply professional judgement to support you in achieving your project objectives.
Contact us for more information and we can connect you with one of our Contaminated Sites experts.
Summary written by: Michael McLeay, M.A.Sc., R.P.Bio., CSAP, Senior Environmental Risk Assessor
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Source & Related Links:
Site remediation news – Province of British Columbia (gov.bc.ca)
Protocol 6: Applications with Approved Professional Recommendations and Preapprovals (gov.bc.ca)
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