ct1960.06 city of toronto 55 john street toronto, ontario · as indicated in section 3.2.1 of the...

90 Scarsdale Road, Toronto, ON M3B 2R7

(416) 245-0011 www.terrapex.com

October 4, 2019

CT1960.06 City of Toronto Facilities Management Division Metro Hal, 2nd Floor 55 John Street Toronto, Ontario M5V 3C6 Attention: Ms. Janice Green, C.E.T. Re: Soil Management Plan, Proposed Parkland Construction Grand Avenue Park MST Site 14 Algoma Street, Toronto, Ontario Dear Ms. Green: Further to your request, Terrapex Environmental Ltd. (Terrapex) is pleased to provide herein a Soil Management Plan (SMP) to guide the upcoming construction of the proposed park at the City-owned property located at 14 Algoma Street (Former Mimico Sewage Treatment Plant Lands or “MST”) and hereafter “the Site”. BACKGROUND The Site is adjacent to the existing Grand Avenue Park, is currently vegetated with grasses, and is used as an open-area park. Based on a review of historical records and previous reports, the site was privately owned and was used for agricultural purposes until the construction of a sewage treatment plant in 1912/1913. In 1932 an activated sludge plant was constructed on the site (Union Sewage Disposal Plant) and was expanded in 1953. In 1970, the site was converted to a sewage pumping station and the west portion of the site (now the west adjacent property known as Grand Avenue Park) was leased to the City for use as a park. The pumping station was closed in 1980. The buildings associated with the sewage treatment plant were demolished. In 2011/2012, an environmental risk assessment was conducted for the site in preparation for conversion of the site to parkland. The risk assessment concluded that environmental risks associated with soil quality at the site could be managed by implementation of risk management measures, one of which was construction of a barrier, comprising a soil cap a minimum 1 m thick

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TERRAPEX ENVIRONMENTAL LTD. City of Toronto CT1960.06 2

over the surface of the site. The recommended risk management measures for the Site are detailed in Terrapex’s September 12, 2012 risk management plan (RMP; Attachment B). The cap was constructed in 2012, under the supervision of Terrapex. Approximately 970 m3 of topsoil was placed above the barrier cap. In January 2019, the Ministry of Environment, Conservation and Parks (MECP) issued a draft certificate of property use (CPU; Attachment C) for the site. While the CPU has not been finalized, this SMP incorporates the CPU requirements for the SMP. PROPOSED GRADING WORKS The proposed park development is outlined on Figure 1 in Attachment A. As shown on the figure, the 14 Algoma Street Site comprises the southern portion of the park and includes a parking area, naturalized features, play areas, a dogs off-leash area (DOLA) and the southern half of a soccer/ lacrosse/ ultimate playing field. Indoor facilities are not proposed for the MST portion of the park (i.e. the site). The construction of the proposed park elements includes cutting and filling within the Site to achieve proposed grades. Approximately 970 cubic metres of topsoil and 450 cubic metres of the existing soil cap will be cut and stockpiled for re-use. Approximately 4,810 cubic metres of imported fill will be required for grading, an additional 1,220 cubic metres of imported fill will be required to re-establish the cap, and an additional 1,250 cubic metres of imported topsoil will be required. Fill Caps shall comprise a minimum depth of 1000 mm of soil of appropriate environmental quality, which shall correspond to the MECP generic Site Condition Standards applicable for parkland property use in a non-potable groundwater condition and coarse textured soil that are listed in Table 3 of the March 9, 2004 Soil, Ground Water and Sediment Standards for Use Under Part XV.1 of the Environmental Protection Act document (i.e., the generic Site Condition Standards (SCS) applicable to the Site). Protective caps can also take the form of “hard caps”, such as a minimum 50 mm hot-mix asphalt, concrete or equivalent underlain by granular foundation and soil appropriate environmental quality such that the total thickness of hard cap, granular foundation and clean soil is a minimum 1000 mm. Additional materials thicknesses shall be added as indicated on the drawings. Areas of the site with a fill deficit will require fill to be imported. Fill caps, the Granular foundation material to be placed below hard caps, and soil within 1000 mm of the hard cap surface are to be constructed using soils meeting the generic Site Condition Standards listed in Table 3 of the March 9, 2004 Soil, Ground Water and Sediment Standards for Use Under Part XV.1 of the Environmental Protection Act document that are applicable to parkland property use, coarse textured soils, in a non-potable groundwater condition. Imported general fill is also required to meet the generic [2004] SCS.


As indicated in Section 3.2.1 of the RMP, re-used fill being placed below the fill cap and/or hard cap must meet the property specific standards (PSS) established for the site in the risk assessment. Where a PSS is not specified for an individual contaminant, the generic [2004] SCS shall apply to that contaminant. The soil PSS established for the site are presented in Table 2-1 (refer to Section 2.0 below). REQUIREMENTS OF THE SOIL MANAGEMENT PLAN The requirements of the Soil Management Plan are specified in Section 4.2 (d) of the CPU, and outlined in the following sections of this document. A Qualified Person per Section 5 (2) of O. Reg. 153/04 shall be retained to oversee the implementation of the Soil Management Plan, including undertaking (or supervising the undertaking) of field observation of excavation works and fill cap/ hard cap placement. Per Section 5 (2) of O. Reg. 153/04, a qualified person means:

• a person holding a licence, limited licence, or temporary licence under the Professional Engineers Act; or,

• a person holding or a certificate of registration under the Professional Geoscientists Act, 2000 and who is a practicing member, temporary member, or limited member of the Association of Professional Geoscientists of Ontario.

The Qualified Person shall be responsible for implementing, or supervising the implementing, of the components of the Soil Management Plan outlined below. 1.0 DUST CONTROL AND SOIL TRACKING PREVENTION MEASURES Appropriate dust control measures shall be employed to mitigate wind-induced movement of soil particles from the site onto surrounding lands. It is expected that such measures will normally encompass standard construction techniques such as wetting of site soils, prohibiting high-speed travel across the site, etc. Similarly, appropriate measures to control the tracking of soils onto adjacent roads by vehicles shall also be implemented. It is also expected that such measures will normally encompass standard construction techniques such as provision of appropriate staging areas for loading/unloading of vehicles so as to minimize movement across contaminated/potentially contaminated soils, tire cleaning stations (dry brush and/or water washing), etc. The Qualified Person (or a designate working under the supervision of the Qualified Person) shall be responsible for monitoring the efficacy of dust control measures, and for identifying any mitigation and/or remedial actions should conditions suggestive of significant movement of


contaminated/potentially contaminated soils from the site be observed. Examples of mitigation actions include temporary shut-down of soil excavation efforts during high winds, increased tire cleaning efforts, etc., while an example of remedial actions includes street cleaning following tracking of soil onto adjacent roads by vehicles. Any mitigation or remedial actions implemented by the Qualified Person or their designate shall be recorded. 2.0 MANAGEMENT OF EXCAVATED AND IMPORTED SOILS Existing Topsoil and Cap Material As noted above, the construction of the proposed park elements includes cutting approximately 970 m3 of the existing topsoil and 450 m3 of the fill cap, and re-using topsoil/ cap material. Additional imported fill/ granular material of appropriate environmental quality for construction of the fill caps/ hard caps, respectively will be required. . Because the existing cap/topsoil material was tested at the time of its placement, it has been demonstrated to meet the generic [2004] SCS. Therefore, excavated or cut topsoil/ existing cap material shall be stockpiled for re-use. Imported Topsoil, Cap Material and General Fill Sampling of the material to be imported to the MST Site shall be completed by the Qualified Person (or a designate working under the supervision of the Qualified Person) for comparison to the generic [2004] SCS. At a minimum, each sample is to be submitted for laboratory analyses of the following parameters per Section 1 of the July 1, 2011 version of the Protocol for Analytical Methods Used in the Assessment of Properties under Part XV.1 of the Environmental Protection Act document:

• metals (Section 1.2.2);

• metals, hydride-forming (Section 1.2.3);

• boron, hot water soluble (Section 1.3);

• electrical conductivity(Section 1.3);

• mercury (Section 1.3); and,

• sodium adsorption ratio (Section 1.3). If the received soils are not being obtained directly from a pit or quarry, the Qualified Person shall determine, with reference to appropriate documentation, all of the potential contaminants of


concern associated with the originating location of the received soils and shall ensure that each sample is analysed for the above parameters as well as all other identified potential contaminants of concern. The sampling program shall include a field quality assurance and quality control program in accordance with Clauses 3 (2) and 3 (3) of Schedule E of O. Reg. 153/04 (e.g., trip blanks and field duplicates). Imported topsoil/ cap material meeting the generic [2004] SCS can be used as capping or topsoil material. Imported general fill is also required to meet the generic [2004] SCS. Contaminated/Potentially Contaminated Soil Underlying the Existing Cap Per the requirements of Section 4.2 (d) of the Draft CPU, excavated or cut material containing potentially contaminated material shall be segregated and placed in a designated lined and covered area. The majority of the proposed stripping/ cutting areas do not extend below the existing barrier cap; however, in areas where potentially contaminated material below the cap is to be excavated, it shall be segregated and placed in a lined and covered area for subsequent testing and management. The designated area shall be bermed and isolated with a temporary fence to prevent access, and runoff shall be controlled with a silt fence to minimize contact. Collected runoff from the designated areas shall be collected and managed by MECP-licenced haulers and/or treatment facilities. The potentially contaminated material shall be tested, under the supervision of a QP, to determine if it can be re-used below the cap, or, if it must be transported off-site as waste. Excavated contaminated/potentially-contaminated material shall be compared to the property specific standards (PSS) established for the site in the risk assessment, to determine if the material can be re-placed below the cap. Where a PSS has not been established, the generic [2004] SCS shall apply. The PSS are outlined in Table 2-1 below:


Table 2-1: Property Specific Standards for Soil (applicable only for soil to be placed below the cap)

Contaminant of Concern Property Specific Standard (µg/g unless otherwise shown)

Antimony 22.2 Arsenic 59.2 Barium 1,540 Benzo(a)pyrene 8.36 Boron (Hot Water Soluble) 2.86 Copper 2,750 Dibenz(a,h)anthracene 1.54 Electrical Conductivity (mS/cm) 1.97

Hexane 0.032 Lead 2,431 Petroleum Hydrocarbons, F1 48.4 Petroleum Hydrocarbons, F2 484 Petroleum Hydrocarbons, F3 2,530 Zinc 10,637

If the tested material does not meet the PSS, the material must be removed off-site to a MECP-approved waste disposal site. Sampling of the material to be removed shall be completed by the Qualified Person (or a designate working under the supervision of the Qualified Person) for comparison to Schedule 4 criteria outlined in Ontario Regulation 347, at the frequency specified by the MECP-approved waste disposal site. 3.0 RECORD KEEPING The volume of existing cap and topsoil material re-used on the site, and the volume and environmental quality of contaminated/potentially-contaminated soils re-used on the site, imported to and removed off the site shall be recorded by the Qualified Person in a report that is to be provided to the City of Toronto. The report shall be kept by the City and made available for review by a Provincial Officer upon request. The report shall also provide details of:

• dates and duration of the works • weather and site conditions • location and depth of excavation activities • dust control measures • stockpile management and drainage • soil characterization results • names of the Qualified Persons • names of the contractors, haulers and receiving sites for any soil or groundwater

removed from the site, and • any complaints received relating to site activities exposed site soils or groundwater.


OTHER REQUIREMENTS OF THE RMP It should be noted that the RMP also proscribes activities beyond the Soil Management Plan for construction works at the site, including the preparation of a Health and Safety Plan (HASP) for the construction works (Section 3.2.2 of the RMP); An outline of the HASP is provided under separate cover. The full HASP incorporating the activities outlined by Terrapex in the HASP outline will need to be completed by the contractor overseeing the park construction works. CLOSURE The work program documented herein was conducted in accordance with the terms of reference for this undertaking, agreed upon by the City of Toronto and Terrapex Environmental Ltd. Terrapex Environmental Ltd. has exercised due care, diligence, and judgement in the performance of the review; however, it should be recognized that this document is intended to guide the City of Toronto in achieving the objectives of Section 4.2 (d) of the Draft Certificate of Property use dated 2019 January 25. The document is intended to supplement, rather than replace, existing Standard Operating Practices, contractual terms, and similar specifications the City of Toronto may have developed for this or similar work plans. This report has been prepared for the sole use of the City of Toronto. Terrapex Environmental Ltd. accepts no liability for claims arising from the use of this report, or from actions taken or decisions made as a result of this report, by parties other than the City of Toronto. We trust this letter meets your current requirements. However, should you have any questions or require clarification, please do not hesitate to contact the undersigned. Sincerely, TERRAPEX ENVIRONMENTAL LTD.

Steven Ruminsky, P.Geo., P.Eng. Senior Project Manager attach.

ATTACHMENT A

FIGURES

SW

SEPTEMBER 2019

CT1960.06

AS SHOWN

FIGURE 1DRAWING #

DRAWN

DATE

PROJECT #

CLIENT

SCALE

CHECKED0 25m 50m

(APPROXIMATE)

PROPOSED PARK PLAN

SOURCE: PMA ARCHITECTS

14 ALGOMA STREETTORONTO, ONTARIO

APPROXIMATE SITE BOUNDARYAPPROXIMATE SITE BOUNDARY

SR

ATTACHMENT B

RISK MANAGEMENT PLAN

49 Coldwater Road, Toronto, Ontario, M3B 1Y8 Ph: (416) 245-0011 Fax: (416) 245-0012

CT1687.03 September 10, 2012

City of Toronto Facilities Management Metro Hall 55 John Street Toronto, Ontario M5V 3C6 Attention: Ms. Janice Green Environmental Project Manager Re: Recommended Risk Management Measures Revision 2 14 Algoma Street (Former Mimico Sewage Treatment Plant Lands) A quantitative human health and ecological risk assessment (RA) was conducted by NovaTox Inc. (NovaTox) in association with Terrapex Environmental Ltd. (Terrapex) for the former Mimico sewage treatment plant (MSTP) lands located at 14 Algoma Street in Toronto, Ontario (the site). Phase I and Phase II environmental site assessments (ESAs) of the site were conducted by Terrapex in 2010 in support of the RA. The RA report was submitted to the Ministry of the Environment (MOE) on December 22, 2010 and a transition notice in accordance with Section 21.1 of Ontario Regulation (O.Reg.) 153/04 was submitted to the MOE on December 24, 2010. Written acknowledgement of the transition notice was received from the MOE on December 31, 2010. Based on the RA, risk management measures (RMMs) were recommended to eliminate potential pathways of contaminant exposure. The details of the recommended RMMs are presented below. This letter is included as Appendix H to NovaTox’s RA report, entitled Risk Assessment for 14 Algoma Street (Former Municipal Sewage Treatment Plant), Toronto, Ontario – IDS Ref. No. 5521-89WMQF.

1.0 BACKGROUND

The site is irregular in shape and occupies approximately 1.28 hectares in a predominately residential area. It is bounded by the existing Grand Avenue Park to the south and west, by Algoma Street followed by a vacant lot (formerly a municipal solid waste incinerator plant) to the north, and by the Mystic Pointe Neighbourhood residential development Parcels H and F, to the east and northeast, respectively. It is intended that the site, together with the existing Grand Avenue Park, will be redeveloped for continued parkland use.


The primary design aspects for the site and surrounding area include hard-surfaced areas such as parking and paths for pedestrian use, grassed open lawn areas, and sports fields, as shown on the attached Park Concept figure prepared by Harrington McAvan Ltd. on behalf of the City of Toronto (the City). As shown on the figure, the current park concept does not contemplate any buildings on the risk-assessed site. The concept includes a field house/washroom building currently intended to be located on the property to the north of the site. The field house building will comprise a single-storey slab-on-grade structure, less than 300 m2 in area. The field house will primarily be used for changing and short-term shelter from inclement weather. The interim plan is to redevelop the site to allow its use as open green space and to accommodate future design elements which may include the Algoma Street right-of-way and the former incinerator lands to the north. Interim development of the site is largely complete with the exception of final grading, compaction and seeding. It entailed removal of surface materials, levelling of the site by cutting and filling using existing on-site fill material, and construction of a soil cap using imported soil fill that meets the applicable site condition standards (SCS) for residential/parkland/institutional land use, contained in Table 3 of the MOE’s Soil, Ground Water and Sediment Standards for Use under Part XV.1 of the Environmental Protection Act dated March 9, 2004 (the soil cap standards). 2.0 RISK MANAGEMENT PERFORMANCE OBJECTIVES

Risk management measures are intended to reduce/eliminate exposure of humans and ecological receptors to contaminants of concern (COCs) in soil and/or groundwater. The COCs identified at the site include polycyclic aromatic hydrocarbons (PAHs), petroleum hydrocarbons (PHCs) and metals. As outlined in Sections 4 and 5 of the RA report, under the proposed park redevelopment scenario, human receptors include construction workers, landscapers, and recreational visitors (Section 4.2.1). Although construction of buildings on the risk-assessed site is not currently contemplated, the RA also considered indoor workers as human receptors, in the event the park concept ultimately changes and the field house is relocated to the site. Ecological receptors consist of terrestrial plants, soil and vertebrates, mammals, and birds that are expected in an urban environment (Section 5.2.2). In the absence of RMMs, the RA indicates that concentrations of COCs in soil represent potential for unacceptable risk to human receptors through direct soil contact, particulate inhalation and inhalation of indoor air, and to ecological receptors through direct soil contact and ingestion.


The recommended RMMs to eliminate the exposure pathways are:

Placement of a barrier at surface to prevent direct contact with, and inhalation or ingestion of soil;

Preparation and implementation of soil management and health and safety plans during any excavation to depths greater than 1 m to prevent exposure to the soil during redevelopment, construction and future maintenance activities at the site; and,

Integration of a vapour mitigation system into the design of any building constructed on the risk-assessed site.

The performance objectives of the recommended RMMs are:

to eliminate exposure of recreational visitors, indoor workers, landscapers and ecological receptors to COCs in soil;

to eliminate exposure of construction and maintenance workers to COCs in soil by blocking the direct contact pathway during excavation through appropriate use of personal protective equipment such that associated risks are lowered to acceptable levels; and,

to mitigate exposure of indoor workers to COCs by vapour to indoor air such that associated risks are lowered to acceptable levels.

3.0 SOIL RISK MANAGEMENT MEASURES

Soil risk management measures required at the site comprise pathway blocking via site capping with clean soil and other constructed features (to address potential direct contact, inhalation and ingestion) and installation of vapour mitigation systems in any buildings constructed on site (to address potential inhalation of COCs by indoor workers). As the COCs in soil are not subject to significant natural degradation, RMMs must remain in place until impacted soils are removed from the site. The requirement to install and maintain the RMMs must be registered on the Certificate of Property Use. 3.1 Site Capping

The potential exposure risk to receptors by direct contact with, or inhalation or ingestion of, soil at the site can be effectively managed through implementation of a barrier to eliminate the soil exposure pathways. As the final layout of park design features on the site and surrounding area has not been determined, it was recommended that a barrier be constructed across the entire site, upon which future design features can be placed.


To-date interim development of 14 Algoma Street for the proposed park use has comprised removal of the existing concrete foundation and movement of existing soil on site from higher elevation areas to fill in low lying areas. The site was graded and sloped at areas to allow proper surface drainage and to accommodate various possible design features, including hardscaped areas (e.g., parking, pedestrian paths), plantings, sports fields, and municipal underground utilities (e.g., storm and sanitary sewers, water mains, and hydro supply mains). A barrier has been constructed of soil that meets the applicable 2004 MOE Table 3 SCS for residential/parkland/institutional land use. Provided that the integrity of the barrier is maintained, its thickness has no bearing on the ability to protect human health. However, for ecological receptor protection, the barrier thickness is a minimum of 1.0 m, as recommended in Section 7.2 of the RA report. Interim surface treatment atop the barrier has yet to be applied, and will comprise 100 mm of top soil and sod or hydro-seed. Details of the expected final grade with the barrier in place are shown in plan on Figure 2 and in cross-section on Figures 3A and 3B. The typical soil barrier design is shown in cross-section on Figure 6. The Park Concept includes areas on the risk-assessed site which will be hard-capped (i.e., covered with asphalt, concrete or paving stone) such as pedestrian walk-ways or splash pads. As an alternative to the soil barrier, surface treatment layers comprising a combination of concrete, asphalt, paving stone, aggregate and/or clean soil with a total thickness of not less than 1.0 m may be used as a site cap. Conceptual design of a typical hard cap barrier is shown in Figure 4, attached. 3.2 Construction and Maintenance Work

To the extent practical, impacted soil remaining below the site cap is to remain undisturbed. Placement of future park design features on top of the soil barrier as designed does not represent an environmental risk to site workers provided the integrity of the barrier is maintained during the work. Additional risk management is required to protect site workers during any excavation work which may extend to depths greater than 1.0 m on site thereby potentially exposing workers to COCs. Soil management and health & safety plans that take into account the presence of the COCs must be prepared and implemented during any excavation work where impacted soils could be encountered. 3.2.1 Soil Management Plan

A soil management plan must be prepared and implemented by a Qualified Person for any excavation which may extend to depths greater than 1.0 m at the site in order to protect site workers from potential exposure to COCs. The soil management plan should be specific to the planned excavation and must include provisions for:


dust control measures and prevention of soil tracking from the property;

placement of potentially contaminated excavated soil in designated lined and covered areas;

appropriate security to prevent public access;

runoff control to minimize contact;

characterization of excavated soil with respect to the Property Specific Standards (PSS) developed in the RA and the soil cap standards; and,

record keeping of excavation activities. Excavated soil which exceeds the PSS must be removed from the site for off-site disposal. Excavated soil which meets the PSS but exceeds the soil cap standards must be replaced in a location covered by an intact barrier. Excavated soil which meets the soil cap standards may be used in reconstruction of the soil cap. 3.2.2 Health and Safety Plan

A health and safety plan must also be prepared and implemented by a Qualified Person for any excavation which may extend to depths greater than 1.0 m at the site in order to protect site workers from potential exposure to COCs. The health and safety plan should be specific to the planned excavation and must consider the COCs at the site and make provision for occupational hygiene, personal protective equipment, contingency measures and documentation. At a minimum, the health and safety plan should include the following:

1. All persons conducting subsurface activities or other earthworks at the site shall wear long sleeves and long pants which provide full coverage to arms and legs. Soiled work gear should be sealed in isolated container(s) when leaving the work area, and either properly disposed or thoroughly washed prior to reuse.

2. Cloth, leather, rubber (or similar material) work gloves shall be worn. Work gloves should be left at the site and disposed of with municipal waste upon completion of their use at the site.

3. CSA-approved construction or rubber boots shall be worn by all persons working at the site. The boots shall be thoroughly cleaned so as to remove all loose dirt prior to leaving the site.

4. No smoking, drinking or eating shall be permitted in active work areas on the site.

5. The contractor shall provide hand washing stations on site, which shall be used by all workers prior to smoking, drinking or eating.


No additional requirements beyond those stipulated by the Occupational Health and Safety Act and associated regulations for construction workers are necessary for environmental protection. 3.3 Vapour Mitigation System

The current Park Concept does not contemplate construction of any buildings on the risk-assessed site. In the event that the final park design includes construction of a building on the site, such building must be designed and constructed with a vapour mitigation system beneath the floor slab. The vapour mitigation system should consist of two components: a geomembrane, underlain by infrastructure to allow passive vapour ventilation if warranted (e.g., perforated ventilation piping installed in a clear stone layer, or equivalent). The geomembrane should be impermeable to vapour migration and hydrocarbon-resistant, and should be seamless or welded-seam. The ventilation piping should extend to and penetrate the external walls of the building, where it should be capped, for future access for passive or active ventilation if warranted. The layout of the ventilation piping will depend on the dimensions and design of the building. Conceptual design of a typical vapour mitigation system is shown in Figure 5, attached. Components of a typical system include:

40 mil welded-seam HDPE geomembrane or 80 mil (minimum) dry thickness LiquidBootTM spray-on membrane (or equivalent) placed within 100 mm thick protective sand layer, underlain by;

non-woven geotextile filter cloth, underlain by;

200 mm thick layer of 10 mm diameter (minimum) clear stone, within which is laid a network of 100 mm diameter perforated pipe (or equivalent).

The layout and spacing of the ventilation piping is dependent on the building configuration, however 1200 mm spacing is typical. The final vapour mitigation system design should be provided by a professional engineer experienced in such systems, in conjunction with the building design.

4.0 GROUNDWATER RISK MANAGEMENT MEASURES

As documented in Section 6.2 of the RA report, risk management measures are not required for any groundwater COCs at this site.


5.0 DURATION OF RISK MANAGEMENT MEASURES

The RMMs are required and must be maintained as long as current conditions exist (i.e., as long as the site is in use as a park and impacted soils remain on site).

6.0 REQUIREMENTS FOR MONITORING AND MAINTENANCE

6.1 Site Capping

As described above, the RMMs for the site are incorporated into the construction design of the proposed park at 14 Algoma Street and surrounding area. Monitoring and inspection of the soil barrier and any site features subsequently installed on top of it should be conducted, at a minimum, on a biannual basis. Inspection should include:

Assessment of any visual evidence of disturbance to the soil barrier (e.g., digging of holes, erosion channels, soil fissures);

Inspection to detect and assess cracks in pavement or other hard surface treatments; and,

Consideration of any unusual site conditions that may result in damage to the site cap such as future site alterations or development on, or adjacent to, the property.

Any observed damage to surface materials or changes to usual site conditions that may compromise the site cap should be documented, and the site cap should be immediately restored to its original condition (or equivalent). Typically, this may include:

Replacement or repair of damaged hard-cap surface treatment such as asphalt, concrete or pavers;

Replacement of clean soil cover in the event that soil cover has been removed or disturbed and no longer meets the minimum thickness requirements; or,

Repair of any cracks, settlement or damage which may occur to the concrete floor of any building constructed on the site.

Restoration of the original site cap should be considered a mandatory requirement regardless of the type of future work. Any soil fill materials used during future maintenance, repairs, installations and upgrades within the site must meet the applicable 2004 MOE Table 3 SCS for residential/parkland/institutional land use.


Inspection and maintenance activities related to the site cap must be recorded in a log book. The log book should be completed by the property owner or their designated agent. The log book should be kept as a permanent record and should be available to the Ministry of the Environment or other agencies for their review, if requested. Information in the log book should include the following:

The name of the person and/or firm designated to conduct the monitoring and maintenance activities;

The signature of the person who conducted the monitoring or maintenance activities;

The date of the monitoring or maintenance activities;

Records of any complaints or incidents;

Identification of any areas which require maintenance based on the criteria noted above;

A sketch or plan showing the approximate extent or nature of any areas requiring maintenance; and,

A complete description of the date of repair and nature of any repair activities required to restore the site cap.

6.2 Vapour Mitigation System Indoor air quality (IAQ) in any building constructed on the risk-assessed site should be monitored prior to occupancy for concentrations of F2 PHC. Occupancy should only be permitted if the results of the monitoring are less than the recommended MOE health-based indoor air target (107 µg/m3, MOE draft soil vapour guidance, November 2010). To monitor the performance of the geomembrane, IAQ monitoring should continue in any building constructed on the risk-assessed site for a period of two years (every three months for the first year and every four months for the second year). After two years of monitoring, the need for and frequency of continued monitoring should be reviewed. The IAQ monitoring program (i.e., sampling methods, number and locations of samples) will depend on the building design, and should be developed by a person appropriately qualified in this area. If the results of any single IAQ monitoring event exceed the MOE health-based indoor air target:

occupancy of the building should be immediately discontinued until the IAQ is confirmed to meet the target;

the MOE district office should be notified by email or phone within 72 hours of receipt of results; and,

the IAQ should be remonitored within two weeks of receipt of results.


If the results of the IAQ remonitoring meet the health-based indoor air target, the building may be reoccupied and the IAQ monitoring program should continue as scheduled. If the results of the IAQ remonitoring exceed the target, contingency measures (described below) should be implemented.

7.0 CONTINGENCY MEASURES

7.1 Site Capping

Subject to effective monitoring and maintenance as described above, the site cap will be completely effective at blocking the direct exposure to contaminated soil at the site. A contingency plan related to the site cap is not required to ensure the effectiveness of the Risk Management Measures. 7.2 Vapour Mitigation System If the results of IAQ remonitoring exceed the health-based indoor air target, the capped ventilation piping installed beneath the geomembrane should be connected to external ventilation piping to initiate passive venting to further reduce below-slab vapour concentrations. A subsequent IAQ monitoring event should be conducted two weeks following initiation of passive venting to confirm the efficacy of the passive venting in meeting the IAQ target prior to occupancy of the building. If the IAQ still does not meet the target, the ventilation piping beneath the geomembrane may be connected to an active ventilation system to create positive or negative pressure, as appropriate beneath the building and thereby reduce/eliminate vapour intrusion. Design and installation of external piping to convert the vapour mitigation system to passive ventilation, and subsequently to active ventilation if required, should be provided by a professional engineer experienced in such systems.

ATTACHMENT C

DRAFT CPU

Ministry of the Environment, Conservation and Parks

Ministère de l'Environnement, de la Protection de la nature et des Parcs

Certificate of Property Use

Environmental Protection Act, R.S.O. 1990, c.E.19, s.168.6

Certificate of Property use number 5222-8Z6NWU Risk Assessment number 5521-89WMQF

Owner: City of Toronto 100 Queen Street West Toronto, ON M5H 2N2

Site: 14 Algoma Street, Toronto, Ontario

with a legal description as follows: Part of Lots 34 to 38 inclusive, part of Lot 211, all of Lots 202 to 210 inclusive, all of Lots 212 to 217 inclusive and Part of Melrose Street Closed by By-law #1730, Plan M137; designated as Part 1 on Plan 66R-25275; City of Toronto

Being all of PIN 07622-0008 (LT)

The conditions of this Certificate of Property Use (CPU) address the Risk Management Measures in the Risk Assessment noted above and described in detail in Part 1 below (Risk Assessment). In the event of a conflict between the CPU and the Risk Assessment, the conditions of the CPU take precedence.

Summary:

Refer to Part 1 of the CPU, Interpretation, for the meaning of all the defined capitalized terms that apply to the CPU.

i) CPU requirements addressed in Part 4 of the CPU, Director Requirements, are summarized as follows: a. Installing/maintaining any equipment Yes b. Monitoring any contaminant Yes c. Refraining from constructing any building specified Yes d. Refraining from using the Property for any use specified Yes e. Other: Maintaining a barrier to site soils, and preparing and implementing a soil

management plan and health and safety plan for the Property. Yes

CPU 5222-8Z6NWU DRAFT 2019/01/25 Page 1 of 21

ii) Duration of Risk Management Measures identified in Part 4 of the CPU is summarized as follows:

a. The barrier to site soils over the entirety of the Property shall be maintained

indefinitely until the Director alters or revokes the CPU.

b. The soil management plan and the health and safety plan shall be required for the Property during any activities potentially in contact with or exposing site soils for as long as the Contaminants of Concern are present on the Property.

c. The air monitoring for any building on the shall commence immediately upon

completion of building construction (and prior to occupancy) and will continue on a quarterly basis (every three months) for the first year, and semi-annually (every six months) for the second year, and thereafter until such time as the Director, upon application by the Owner, has reviewed the data available and either alters or revokes the CPU.

d. All other Risk Management Measures shall continue indefinitely until the Director

alters or revokes the CPU.

Part 1: Interpretation

In the CPU the following terms shall have the meanings described below: “Adverse Effect” has the same meaning as in the Act; namely, (a) impairment of the quality of the natural environment for any use that can be made of it; (b) injury or damage to property or to plant or animal life; (c) harm or material discomfort to any person; (d) an adverse effect on the health of any person; (e) impairment of the safety of any person; (f) rendering any property or plant or animal life unfit for human use; (g) loss of enjoyment of normal use of property; and, (h) interference with the normal conduct of business. “Act” means the Environmental Protection Act, R.S.O. 1990, c. E. 19, as amended. “Building Code” means the Ontario Regulation 332/12; ‘Building Code’ as amended January 1, 2014. “Contaminant” has the same meaning as in the Act; namely any solid, liquid, gas, odour, heat, sound, vibration, radiation or combination of any of them, resulting directly or indirectly from human activities that causes or may cause an Adverse Effect. “Contaminants of Concern” has the meaning as set out in section 3.2 of the CPU.


“CPU” means this Certificate of Property Use as may be altered from time to time and bearing the document number 5222-8Z6NWU. "Director" means the undersigned Director or any other person appointed as a Director for the purpose of issuing a certificate of property use. “EBR” means the Environmental Bill of Rights, 1993, S.O. 1993, c. 28, as amended. "Ministry" means Ontario Ministry of the Environment, Conservation and Parks. “O. Reg. 153/04” means Ontario Regulation 153/04, “Record of Site Condition – Part XV.1 of the Act” as amended, made under the Act. “O. Reg. 347/90 means Ontario means R.R.O. 1990, Regulation 347 General - Waste Management” as amended, made under the Act. “Owner” means the owner(s) of the Property, beginning with the person(s) to whom the CPU is issued, described in the “Owner” section on Page 1 above, and any subsequent owner(s) of the Property. "OWRA" means the Ontario Water Resources Act, R.S.O. 1990, c.O.40, as amended. “Professional Engineer” means a person who holds a licence, limited licence or temporary licence under the Professional Engineers Act, R.R.O. 1990, c. P. 28. “Property” means the property that is the subject of the CPU and described in the “Site” section on page 1 above. “Property Specific Standards” means the property specific standards established for the Contaminants of Concern set out in the Risk Assessment and in section 3.2 of the CPU and are the same standards specified in the Risk Assessment. "Provincial Officer" means a person who is designated as a provincial officer for the purposes of the Act. “Qualified Person” means a person who meets the qualifications prescribed in subsection 5 (2) of O. Reg. 153/04, namely a person who: a. Holds a license, limited license or temporary license under the Professional Engineer

Act, or b. Holds a certificate of registration under the Professional Geoscientists Act, 2000, and is

a practicing member, temporary member, or limited member of the Association of Professional Geoscientists of Ontario.


"Risk Assessment" means the Risk Assessment number 5521-89WMQF accepted by the Director on October 17, 2012 and set out in the following documents:

• Report entitled “Risk Assessment for 14 Algoma Street (Former Municipal Sewage Treatment Plant), Toronto, Ontario” by NovaTox Inc. and Terrapex Environmental Ltd., dated December 22, 2010;

• Report entitled “Revised Risk Assessment for 14 Algoma Street (Former Municipal Sewage Treatment Plant), Toronto, Ontario” by NovaTox Inc. and Terrapex Environmental Ltd., dated November 2011;

• Report entitled “Revised Risk Assessment for 14 Algoma Street (Former Municipal Sewage Treatment Plant), Toronto, Ontario” by NovaTox Inc. and Terrapex Environmental Ltd., dated July 12, 2012;

• Email entitled “IDS No. 5521-89WMQF”, from Mark Chappel, NovaTox Inc. to support change in QPRA, received by SDB on September 18, 2012, with following documents attached:

o Updated QPRA certification statements, dated September 17, 2012; file name: Appendix A_17Sept1115.pdf; and

o Updated p. 30 of PSF with signatures; file name: 5521-89WMQF_14 Algoma Street - new signature.pdf

• Email entitled “Re: request for clarification; RA for 14 Algoma Street, Toronto; RA1151-10; IDS# 5521-89WMQF”, from Mark Chappel, NovaTox Inc. received by SDB on September 18, 2012, with following documents included in FTP link:

o “Revised Risk Assessment for 14 Algoma Street (Former Municipal Sewage Treatment Plant), Toronto, Ontario” by NovaTox Inc. and Terrapex Environmental Ltd., dated September 14, 2012; file name: 10-010_Mimico-RA_18Sep0010_Part I.pdf

o Revised Appendices of Risk Assessment report; file name: 10-010_Mimico RA_17Sept_Part II.pdf; and

o Updated Appendix B of Risk Assessment report; file name: Appendix B - PSF.pdf

• Email entitled “Re: RA for 14 Algoma Street, Toronto; RA1151-10”, from Mark Chappel, NovaTox Inc., received by SDB on October 3, 2012, with following document attached:

o Updated Figure 6, by Terrapex Environmental Ltd.; file name: Fig 6 revised.pdf

• Email from “Re: RA for 14 Algoma Street, Toronto; RA1151-10”, from Mark Chappel, NovaTox Inc., received by SDB on October 9, 2012, with following document attached:

o Appendix D, Previous Environmental Reports; Rationale for Hydrogeologic and Geologic Interpretations”, by NovaTox Inc.; file name: 10-010_MimicoAppD_9Oct1058.

"Risk Management Measures" means the risk management measures specific to the Property described in the Risk Assessment and/or Part 4 of the CPU.


“Sub Slab Vapour Barrier Venting Layer” means an engineered venting layer and associated Venting Components above the sub-slab materials for building construction and below a Vapour Barrier, as designed by a Professional Engineer, which operates in a passive manner but can be converted into an active system if necessary, providing pressure relief, collection and venting of vapours away from a building. “Tribunal” has the same meaning as in the Act; namely, the Environmental Review Tribunal. “Vapour Barrier” means a geo-synthetic barrier (including but not limited to geomembrane or spray applied equivalent) meeting the appropriate gas permeability and chemical resistance specifications to be considered impermeable and resistant as per Risk Assessment, and is considered appropriate by the Professional Engineer and Qualified Person for its application. “Venting Components” means a network of perforated piping/plenums or venting composites embedded in granular materials of sufficient permeability or other venting products with continuous formed void space that convey vapours below the entire building footprint and direct these vapours into vent risers that terminate above the roof elevation with wind-driven turbines to support passive venting, or active venting if required.

Part 2: Legal Authority

2.1 Section 19 of the Act states that a certificate of property use is binding on the executor, administrator, administrator with the will annexed, guardian of property or attorney for property of the person to whom it was directed, and on any other successor or assignee of the person to whom it was directed.

2.2 Subsection 132(1.1) of the Act states that the Director may include in a certificate of

property use a requirement that the person to whom the certificate is issued provide financial assurance to the Crown in right of Ontario for any one or more of, a. the performance of any action specified in the certificate of property use; b. the provision of alternate water supplies to replace those that the Director has

reasonable and probable grounds to believe are or are likely to be contaminated or otherwise interfered with by a contaminant on, in or under the property to which the certificate of property use relates; and

c. measures appropriate to prevent adverse effects in respect of the property to which the certificate of property use relates.

2.3 Section 168.6 (1) of the Act states that if a risk assessment related to the property has

been accepted under clause 168.5 (1) (a), the Director may issue a certificate of property use to the owner of the property, requiring the owner to do any of the following things: 1. Take any action that is specified in the certificate and that, in the Director’s opinion,

is necessary to prevent, eliminate or ameliorate any adverse effect that has been identified in the risk assessment, including installing any equipment, monitoring any


contaminant or recording or reporting information for that purpose. 2. Refrain from using the property for any use specified in the certificate or from

constructing any building specified in the certificate on the property. 2.4 Subsection 168.6(2) of the Act states that a certificate of property use shall not require

an owner of property to take any action that would have the effect of reducing the concentration of a contaminant on, in or under the property to a level below the level that is required to meet the standards specified for the contaminant in the risk assessment.

2.5 Subsection 168.6(3) of the Act states that the Director may, on his or her own initiative

or on application by the owner of the property in respect of which a certificate has been issued under subsection 168.6(1), a. alter any terms and conditions in the certificate or impose new terms and conditions;

or b. revoke the certificate.

2.6 Subsection 168.6(4) of the Act states that if a certificate of property use contains a

provision requiring the owner of property to refrain from using the property for a specified use or from constructing a specified building on the property, a. the owner of the property shall ensure that a copy of the provision is given to every

occupant of the property; b. the provision applies, with necessary modifications, to every occupant of the property

who receives a copy of the provision; and c. the owner of the property shall ensure that every occupant of the property complies

with the provision. 2.7 Subsection 197(1) of the Act states that a person who has authority under the Act to

make an order or decision affecting real property also has authority to make an order requiring any person with an interest in the property, before dealing with the property in any way, to give a copy of the order or decision affecting the property to every person who will acquire an interest in the property as a result of the dealing.

2.8 Subsection 197(2) of the Act states that a certificate setting out a requirement imposed

under subsection 197(1) may be registered in the proper land registry office on the title of the real property to which the requirement relates, if the certificate is in a form approved by the Minister, is signed or authorized by a person who has authority to make orders imposing requirements under subsection 197(1) and is accompanied by a registrable description of the property.

2.9 Subsection 197(3) of the Act states that a requirement, imposed under subsection

197(1) that is set out in a certificate registered under subsection 197(2) is, from the time of registration, deemed to be directed to each person who subsequently acquires an interest in the real property.

2.10 Subsection 197(4) of the Act states that a dealing with real property by a person who is


subject to a requirement imposed under subsection 197(1) or 197(3) is voidable at the instance of a person who was not given the copy of the order or decision in accordance with the requirement.

Part 3: Background

3.1 The Risk Assessment was undertaken for the Property on behalf of the Owner to assess the human health risks and ecological risks associated with the presence or discharge of Contaminants on, in or under the Property and to identify appropriate Risk Management Measures to be implemented to ensure that the Property is suitable for the intended use: “parkland use” as defined in O. Reg. 153/04.

3.2 The Contaminants on, in or under the Property that are present above the

Residential/Parkland/Institutional Property Use Standards within Table 3 of the Soil, Ground water and Sediment Standards for Use under Part XV.1 of the Act published by the Ministry and dated April 15, 2011 for coarse textured soils or for which there are no such standards are defined as the Contaminants of Concern. The Property Specific Standards for the Contaminants of Concern are set out in Schedule “A” attached to and forming part of the CPU. Indoor air target concentrations for the Contaminants of Concern are set out in Schedule ‘B’ and groundwater monitoring locations and descriptions are set out in Schedule ‘C’ and ‘D’ which are attached to and form part of the CPU. Also attached to and forming part of the CPU are the following figures: o Plan of Survey 66R-25275; and o Figure 4, 5 and 6.

3.3 I am of the opinion, for the reasons set out in the Risk Assessment that the Risk

Management Measures described therein and outlined in Part 4 of the CPU are necessary to prevent, eliminate or ameliorate an Adverse Effect on the Property.

3.4 The Risk Assessment indicates the presence of Contaminants of Concern which require

on-going pathway elimination. As such, it is necessary to restrict building construction as set out in the Risk Assessment and in Part 4 of the CPU.

Part 4: Director Requirements

Pursuant to the authority vested in me under section 168.6(1) of the Act, I hereby require the Owner to do or cause to be done the following:


Risk Management Measures

4.1 Implement, and thereafter maintain or cause to be maintained, the Risk Management Measures.

4.2 Without restricting the generality of the foregoing in Item 4.1, carry out or cause to be

carried out the following key elements of the Risk Management Measures: i. The Property shall be covered by a barrier to site soils designed, installed and

maintained in accordance with Risk Assessment as illustrated in figures 4 and 6 of the CPU so as to prevent exposure to the Contaminants of Concern. The barrier to site soils shall consist of a hard cap and/or fill cap as specified below: i. The hard cap shall consist of the following:

1. Asphalt, or concrete surfaces underlain by granular fill and/or soil meeting the Residential/Parkland/Institutional Property Use Standards within Table 3 of the Soil, Ground water and Sediment Standards for Use under Part XV.1 of the Act published by the Ministry and dated March 9, 2004 for coarse textured soil to a minimum depth of 1000 mm from the surface.

ii. The fill cap shall consist of the following: 1. Soil to a minimum depth of 1000 mm from the surface meeting the

Residential/Parkland/Institutional Property Use Standards within Table 3 of the Soil, Ground water and Sediment Standards for Use under Part XV.1 of the Act published by the Ministry and dated March 9, 2004 for coarse textured soil with rooting plants having a rooting depth no greater than 1000 mm.

b. An inspection and maintenance program shall be prepared and implemented to

ensure the continuing integrity of the barriers to site soils risk management measures as long as the Contaminants of Concern are present on the Property. The inspection program shall include, at a minimum, semi-annual (every six months) inspections of the barrier to site soils integrity. Any barrier to site soils deficiencies shall be repaired forthwith. Inspection, deficiencies and repairs shall be recorded in a log book maintained by the Owner and made available upon request by a Provincial Officer.

c. An air monitoring program for any building on the Property shall commence upon

completion of building construction (and prior to occupancy) and will continue on a quarterly basis (every three months) for the first year, semi-annually (every six months) for the second year and thereafter until such time as the Director, upon application by the Owner, has reviewed the data available and either alters or revokes the CPU. The air monitoring shall be for a 24 hour period and in accordance to the analytical method detailed in the Risk Assessment: i. Sampling locations shall be identified by an industrial hygienist or one or

more qualified person(s) who has (have) obtained appropriate education and training, and is (are) recognized as an expert(s) and has (have)


demonstrated experience in this area and who offer services in these areas to business and industry to be protective of human health for any persons using or occupying the buildings on the Property;

ii. If the air concentration for Petroleum Hydrocarbon F2 exceeds 107 µg/m3 as detailed in the Risk Assessment, the Owner shall immediately notify the Director in writing of the exceedance;

iii. If two consecutive sampling events of indoor air concentrations at one location exceed 107 µg/m3 for Petroleum Hydrocarbon F2, then a Qualified Person shall: a. develop and submit a detailed contingency plan to the Director (as

outlined in the Risk Assessment); or b. develop and submit a report to the Director that details the indoor air

exceedance is due to background sources. The indoor air monitoring shall continue quarterly (every three months) until such time as the Director, upon application by the Owner, has reviewed the data available and either alters or revokes the CPU.

d. A soil management plan shall be prepared for the Property and implemented during any

activities potentially coming in contact with or exposing site soils. A copy of the plan shall be kept by the Owner and made available for review by a Provincial Officer upon request. Implementation of the plan shall be overseen by a Qualified Person and shall include, but not be limited to, provisions for soils excavation, stockpiling, characterization, disposal and record keeping specified below: i. Dust control measures and prevention of soil tracking by vehicles and personnel

from the Property, which may include wetting of soil with potable water, reduced speeds for on-site vehicles, tire washing stations and restricting working in high wind conditions, as required;

ii. Management of excavated materials which may include cleaning equipment, placement of materials for stockpiling on designated areas lined and covered with polyethylene sheeting, bermed and fenced to prevent access, runoff control to minimize contact and provisions for discharge to sanitary sewers or other approved treatment, as required;

iii. Excavated soil meeting the Property Specific Standards may be placed on-site below the barrier to site soils if deemed suitable by a Qualified Person and in accordance with the Risk Assessment.

iv. Excavated soils and materials requiring off-site disposal as a waste shall be disposed of in accordance with the provisions of O. Reg. 347, as amended, made under the Act.

v. Record keeping including dates and duration of work, weather and site conditions, location and depth of excavation activities, dust control measures, stockpile management and drainage, soil characterization results, names of the Qualified Person, contractors, haulers and receiving sites for any soil or groundwater removed from the Property and any complaints received relating to site activities potentially resulting in contact with or exposing site soils and groundwater.

e. A site specific health and safety plan shall be developed for the Property and

implemented during all intrusive, below-grade construction activities potentially coming CPU 5222-8Z6NWU DRAFT 2019/01/25 Page 9 of 21

in contact with or exposing site soil or ground water and a copy shall be maintained on the Property for the duration of these intrusive activities. The Owner shall ensure that the health and safety plan takes into account the presence of the Contaminants of Concern and methane and is implemented prior to any intrusive work being done on the Property in order to protect workers from exposure to the Contaminants of Concern. The health and safety plan shall be prepared in accordance with applicable Ministry of Labour health and safety regulations, shall address any potential risks identified in the Risk Assessment, and shall include, but not be limited to, occupational hygiene requirements, requirements for personal protective equipment, and contingency plan requirements including site contact information. Prior to initiation of any project (as defined in the Occupational Health and Safety Act, as amended) on the Property, the local Ministry of Labour office shall be notified of the proposed activities and that the Property contains methane and contaminated soil and ground water. Implementation of the health and safety plan shall be overseen by persons qualified to review the provisions of the plan with respect to the proposed site work and conduct daily inspections. The Owner shall retain a copy of the plan, which shall be made available for review by the Ministry upon request.

f. All buildings on the Property shall include a vapour intrusion mitigation system (as

illustrated in figure 5) that shall be designed, installed and maintained as detailed in the Risk Assessment and illustrated in Figure so as to prevent exposure to the Contaminants of Concern (as illustrated on Figures) and shall include a Vapour Barrier, Sub Vapour Barrier Venting Layer and Venting Components as designed by a Professional Engineer. i. The Owner shall retain a copy of all Vapour Barriers, Sub Vapour Barrier Venting

Layers and Venting Components as-built drawings signed by a Professional Engineer along with the proposed testing and performance requirements for the Vapour Barrier, Sub Vapour Barrier Venting Layer and Venting Components of any building on the Property for inspection by a Provincial Officer. The Owner shall submit to the Director within three (3) months of the completion of any building on the Property, the as-built drawings.

ii. An inspection and maintenance program shall be prepared and implemented to ensure the continuing integrity of the above Risk Management Measure if implemented. With regards to the Vapour Barrier, inspections of the inside surface of the below grade exterior walls and floors will be made for potential breaches where visually accessible. With regard to the Sub Vapour Barrier Venting Layer and Venting Components, inspections of the Sub Vapour Barrier Venting Layer and Venting Components, where visually accessible, will be made for potential breaches. The inspection program shall include semi-annually (spring and fall) inspections and any deficiencies shall be repaired forthwith. The inspection results shall be recorded in a log book maintained by the Owner and available upon request by a Provincial Officer.

g. The Owner shall retain a copy of the site plan prepared and signed by a Qualified

Person prior to occupancy which will describe the Property, placement and quality of all of the barriers to site soils. The site plan will include a plan and cross section drawings specifying the vertical and lateral extent of the barriers. This site plan shall be retained by the Owner for inspection upon request by a Provincial Officer. The site plan shall be revised following the completion of any alteration to the extent of the barriers to site soils.


h. The Owner shall prepare by March 31 each year, an annual report documenting

activities relating to the Risk Management Measures undertaken during the previous calendar year. A copy of this report shall be maintained on file by the Owner and shall be made available upon request by a Provincial Officer. The report shall include, but not be limited to, the following minimum information requirements: i. a copy of all records relating to the inspection and maintenance program for the

barrier to site soils and vapour mitigation systems; ii. a copy of all records relating to the soil management plan and to the health and

safety plan; and iii. a copy of all signed site plans including any alterations;

4.3 Refrain from using the Property for any of the following use(s): any type of property use

other than “parkland use” as defined in O. Reg. 153/04. 4.4 Refrain from constructing the following building(s): No building construction unless

construction is in accordance with Item 4.2 f of the CPU. 4.5 The Owner shall ensure that every occupant of the Property is given notice that the

Ministry has issued this CPU and that it contains the provisions noted above in Items 4.3 and 4.4, unless noted N/A. For the purposes of this requirement, an occupant means any person with whom the Owner has a contractual relationship regarding the occupancy of all or part of the Property.

Site Changes

4.6 In the event of a change in the physical site conditions or receptor characteristics at the Property that may affect the Risk Management Measures and/or any underlying basis for the Risk Management Measures, forthwith notify the Director of such changes and the steps taken, to implement, maintain and operate any further Risk Management Measures as are necessary to prevent, eliminate or ameliorate any Adverse Effect that will result from the presence on, in or under the Property or the discharge of any Contaminant of Concern into the natural environment from the Property. An amendment to the CPU will be issued to address the changes set out in the notice received and any further changes that the Director considers necessary in the circumstances.

Reports

4.7 Retain a copy of any reports required under the CPU, the Risk Assessment and any reports referred to in the Risk Assessment (until otherwise notified by the Director) and within ten (10) days of the Director or a Provincial Officer making a request for a report, provide a copy to the Director or Provincial Officer.

Property Requirement

4.8 For the reasons set out in the CPU and pursuant to the authority vested in me under subsection 197(1) of the Act, I hereby order you and any other person with an interest in


the Property, before dealing with the Property in any way, to give a copy of the CPU, including any amendments thereto, to every person who will acquire an interest in the Property as a result of the dealing.

Certificate of Requirement

4.9 Within fifteen (15) days from the date of receipt of a certificate of requirement issued under subsection 197(2) of the Act and as set out in Schedule ‘B’, register the certificate of requirement on title to the Property, in the appropriate land registry office.

4.10 Immediately after registration of the certificate of requirement, provide to the Director

written verification that the certificate of requirement has been registered on title to the Property.

Owner Change

4.11 While the CPU is in effect, the Owner shall forthwith report in writing, to the Director any changes of ownership of the Property, except that while the Property is registered under the Condominium Act, 1998, S.O.1998 c.19, as amended, no notice shall be given of changes in the ownership of individual condominium units or any appurtenant common elements on the Property.

Financial Assurance 4.12 The Director has not included in the CPU a requirement that the Owner provide financial

assurance. Part 5: General 5.1 The requirements of the CPU are severable. If any requirement of the CPU or the

application of any requirement to any circumstance is held invalid, the application of such requirement to other circumstances and the remainder of the CPU shall not be affected thereby.

5.2 An application under sub section 168.6(3) of the Act to,

a. alter any terms and conditions in the CPU or impose new terms and conditions; or b. revoke the CPU; shall be made in writing to the Director, with reasons for the request.

5.3 The Director may alter the CPU under subsections 132(2) or (3) of the Act to change a

requirement as to financial assurance, including that the financial assurance may be increased or reduced or released in stages. The total financial assurance required may be reduced from time to time or released by an order issued by the Director under


section 134 of the Act upon request and submission of such supporting documentation as required by the Director.

5.4 Subsection 186(3) of the Act provides that non-compliance with the requirements of the

CPU constitutes an offence. 5.5 The requirements of the CPU are minimum requirements only and do not relieve the

Owner from, a. complying with any other applicable order, statute, regulation, municipal,

provincial or federal law; or b. obtaining any approvals or consents not specified in the CPU.

5.6 Notwithstanding the issuance of the CPU, further requirements may be imposed in

accordance with legislation as circumstances require. The Director shall also alter the CPU where the approval or acceptance of the Director is required in respect of a matter under the CPU and the Director either does not grant the approval or acceptance or does not grant it in a manner agreed to by the Owner.

5.7 In the event that, any person is, in the opinion of the Director, rendered unable to comply

with any requirements in the CPU because of, a. natural phenomena of an inevitable or irresistible nature, or insurrections, b. strikes, lockouts or other labour disturbances, c. inability to obtain materials or equipment for reasons beyond your control, or d. any other cause whether similar to or different from the foregoing beyond your

control, the requirements shall be adjusted in a manner defined by the Director. To obtain such an adjustment, the Director must be notified immediately of any of the above occurrences, providing details that demonstrate that no practical alternatives are feasible in order to meet the requirements in question.

5.8 Failure to comply with a requirement of the CPU by the date specified does not absolve

the Owner from compliance with the requirement. The obligation to complete the requirement shall continue each day thereafter.

5.9 In the event that the Owner complies with the provisions of Items 4.9 and 4.10 of the

CPU regarding the registration of the certificate of requirement on title to the Property, and then creates a condominium corporation by the registration of a declaration and description with respect to the Property pursuant to the Condominium Act, 1998, S.O. 1998, c.19, as amended, and then transfers ownership of the Property to various condominium unit owners, the ongoing obligations of the Owner under this CPU can be carried out by the condominium corporation on behalf of the new Owners of the Property


Part 6: Hearing before the Environmental Review Tribunal

6.1 Pursuant to section 139 of the Act, you may require a hearing before the Environmental Review Tribunal (the “Tribunal”), if within fifteen (15) days after service on you of a copy of the CPU, you serve written notice upon the Director and the Tribunal.

6.2 Pursuant to section 142 of the Act, the notice requiring the hearing must include a

statement of the portions of the CPU and the grounds on which you intend to rely at the hearing. Except by leave of the Tribunal, you are not entitled to appeal a portion of the CPU, or to rely on a ground, that is not stated in the notice requiring the hearing.

6.3 Service of a notice requiring a hearing must be carried out in a manner set out in section

182 of the Act and Ontario Regulation 227/07: Service of Documents, made under the Act as they may be amended from time to time. The address, email address and fax numbers of the Director and the Tribunal are: The Secretary Environmental Review Tribunal 655 Bay Street, Suite 1500 Toronto, ON, M5G 1E5 Fax: 1-877-849-2066 Email: [email protected]

and

Kevin Webster

Ministry of the Environment, Conservation and Parks 5775 Yonge St., 8th Floor Toronto, Ontario M2M 4J1 Fax: 416-326-5536 Email: [email protected]

6.4 Unless stayed by application to the Tribunal under section 143 of the Act, the CPU is effective from the date of issue.

6.5 If you commence an appeal before the Tribunal, under section 47 of the Environmental

Bill of Rights, 1993 (the “EBR”), you must give notice to the public in the EBR registry. The notice must include a brief description of the CPU (sufficient to identify it) and a brief description of the grounds of appeal.


mailto:[email protected]

The notice must be delivered to the Environmental Commissioner of Ontario who will place it on the EBR registry. The notice must be delivered to the Environmental Commissioner at 605-1075 Bay Street, Toronto, Ontario M5S 2B1 by the earlier of:

6.5.1 two (2) days after the day on which the appeal before the Tribunal was

commenced; and 6.5.2 fifteen (15) days after service on you of a copy of the CPU.

6.6 Pursuant to subsection 47(7) of the EBR, the Tribunal may permit any person to

participate in the appeal, as a party or otherwise, in order to provide fair and adequate representation of the private and public interests, including governmental interests, involved in the appeal.

6.7 For your information, under section 38 of the EBR, any person resident in Ontario with

an interest in the CPU may seek leave to appeal the CPU. Under section 40 of the EBR, the application for leave to appeal must be made to the Tribunal by the earlier of:

6.7.1 fifteen (15) days after the day on which notice of the issuance of the CPU is

given in the EBR registry; and 6.7.2 if you appeal, fifteen (15) days after the day on which your notice of appeal is

given in the EBR registry. Issued at Toronto this day of XXXX, 2019. DRAFT Kevin Webster Director, section 168.6 of the Act


Schedule ‘A’

Property Specific Standards (Soil and Groundwater) for Contaminants of Concern

Environmental Media Contaminants of Concern (COC)

Property Specific Standards (µg/g) for soil

and (µg/L) for groundwater)

Soil Antimony 22.2

Soil Arsenic 59.2

Soil Barium 1540

Soil Benzo(a)pyrene 8.36

Soil Boron (HWS) 2.86

Soil Copper 2750

Soil Dibenzo(a,h)anthracene 1.54

Soil Electrical Conductivity (mS/cm) 1.97

Soil Hexane 0.032

Soil PHC F1 48.4

Soil PHC F2 484

Soil PHC F3 2,530

Soil Zinc 10,637

Groundwater Chloride 1210

Groundwater Dioxin/Furan 0.0029

Groundwater Sodium 583,000

Groundwater Uranium 3.96


Schedule ‘B’

CERTIFICATE OF REQUIREMENT

s.197(2) Environmental Protection Act

This is to certify that pursuant to section 4.9 of Certificate of Property Use number 5222-8Z6NWU issued by Kevin Webster, Director of the Ministry of the Environment, Conservation and Parks, under sections 168.6 and 197 of the Environmental Protection Act, on XX, 2019, being a Certificate of Property Use and order under subsection 197(1) of the Environmental Protection Act relating to the property municipally known as 14 Algoma Street, Toronto, Ontario, being all of Property Identifier Number 07622-0008 (LT) (the “property”) with respect to a Risk Assessment and certain Risk Management Measures and other preventive measure requirements on the property

CITY OF TORONTO

and any other persons having an interest in the property, are required before dealing with the property in any way, to give a copy of the Certificate of Property Use, including any amendments thereto, to every person who will acquire an interest in the property

Under subsection 197(3) of the Environmental Protection Act, the requirement applies to each person who, subsequent to the registration of this certificate, acquires an interest in the real property.


Plan of Survey 66R-25275


Figure 4

CPU

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Figure 5

CPU

5222-8Z6NW

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Figure 6

CPU

5222-8Z6NW

U

DR

AFT 2019/01/25

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