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Soil protection and rehabilitation of contaminated land in Quebec

Mathieu Laporte-Saumure, Ph.D.Direction du Programme de réduction des rejets

industriels et des Lieux contaminés

FNQLSDIJuly 5, 2018

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Presentation outline

Legal and regulatory framework related to the rehabilitation of contaminated lands in Quebec

– Environmental Quality Act (section IV of chapter IV)– Land Protection and Rehabilitation Regulation– Regulation respecting the burial of contaminated soils– Regulation respecting contaminated soil storage and contaminated soil

transfer stations Guide de caractérisation des terrains (site characterization guide)

– Types of characterization studies– The experts

Rehabilitation of lands– Types of approaches

Guide d’intervention – Protection des sols et réhabilitation des terrains contaminés (Intervention guide - Soil protection and rehabilitation of contaminated land)

Available tools

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Section IV of chapter IV of the EQA: Protection and rehabilitation of lands

– 3 main legal triggers for the characterization and, where appropriate, the rehabilitation of a site

• 31.51 : Permanent cessation of a designated activity– Tabling of a characterization study within 6 months (or upon

request, within a period not exceeding 18 months, in the event of a resumption of activities)

– Rehabilitation plan, accompanied by an implementation schedule and, if applicable, a plan regarding the dismantling of the facilities present on the site

Legal and regulatory framework

http://legisquebec.gouv.qc.ca/fr/ShowDoc/cs/Q-2

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• 31.53 : Change in the use of land where a designated activity has been carried out in the past

– The person intending to change the activity must first perform a site characterization study (unless such a study that is still current is already available)

– Rehabilitation plan, accompanied by an implementation schedule and, if applicable, a plan regarding the dismantling of the facilities present on the site


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• 31.57: Voluntary rehabilitation of land while leaving contaminants on the site in a concentration exceeding the applicable regulatory limit values – Risk analysis

– Characterization study– Rehabilitation plan accompanied by an implementation schedule– Toxicological and ecotoxicological risk assessment and groundwater

impact assessment


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– Other salient articles• 31.43/31.49: Order for the characterization and rehabilitation of

land– If there are contaminants whose concentration exceeds regulatory

limits values, or contaminants not prescribed by regulation that could affect the life, health, safety, welfare or comfort of human beings, ecosystems, other living species or the environment in general, or property

• 31.58: Registration of a notice of contamination in the land register– If a characterization study conducted under the EQA reveals the

presence of contaminated soil beyond the standards of appendix I of the Land Protection and Rehabilitation Regulation (residential use)


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– Other salient articles• 31.59 : Registration of a notice of contamination in the land register

(optional)– If a site has been rehabilitated and a subsequent characterization

study has revealed the absence of contaminants beyond applicable standards

• 31.52 : Notice to owner of neighbouring land– If contaminants resulting from an activity of a category designated

by the Land Protection and Rehabilitation Regulation in a concentration exceeding the regulatory limit values at the limits of the land, or

– If there is a serious risk of off-site contamination that could compromise water use

– The MDDELCC must also be notified of any serious risk of off-site contamination


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Land Protection and Rehabilitation Regulation – Concentration regulatory limit values for residential lands

(schedule I) and commercial/industrial lands (schedule II) – List of targeted activities (schedule III)– Schedule IV: Activities targeted by specific provisions for

groundwater• If there is a surface water or groundwater intake facility for human

consumption within 1 km downstream of the land


http://legisquebec.gouv.qc.ca/fr/ShowDoc/cr/Q-2,%20r.%2037

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Regulation respecting the burial of contaminated soils– Governs the burial sites of contaminated soils – Minimum layer of 3 metres of natural clay

• Double liners with leachate recovery systems• Collection, monitoring and treatment system of leachate and

surface water• Gas recovery system

– Concentration limit values for burial (schedule I)– Examples of other conditions where soil is not eligible for burial

• Soils containing more than 50 mg of PCBs per kg of soil• Soils that, after segregation, contain more than 25% of waste

materials



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Regulation respecting contaminated soil storage and contaminated soil transfer stations

– Governs the contaminated soil storage areas and contaminated soil transfer stations

• Storage: recovery• Transfer: treatment

– Regulates the storage of contaminated soils in general• On the site of origin• Exception if:

» Lack of space on the site of origin (article 10)» Recovery of contaminated soils following an accidental spill

(article 9)

– List of sites authorized to receive contaminated soils



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Regulation respecting contaminated soil storage and contaminated soil transfer stations

– Article 4: It is prohibited to dispose of soils < limit values in schedule I of the Land Protection and Rehabilitation Regulation (“A-B” soils) on or in soils having a lower contaminant concentration

– Article 6: List of sites authorized to receive contaminated soils• Contaminated soil transfer stations• Contaminated soil storage sites• Contaminated soil treatment sites• Contaminated soil landfills• Residual materials landfills• Sites for the final disposal of hazardous materials• Tailings areas

» Soils whose metal and metalloid contamination results from the activities of the enterprise responsible for the tailings area


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Site characterization guide

Describes how to conduct a characterization study Any characterization study carried out pursuant to section IV of

chapter IV of the EQA (protection and rehabilitation of land) must be conducted in compliance with the Guide

– Can only be certified by an expert if it is carried out in accordance with the Guide

3 phases of the characterization study• Phase I: Develop a history and determine the site’s problem based

on the available data• Phase II/Phase III: Location and identification of the contamination

and areas to investigate

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Characterization study for a site: Must establish the soil and groundwater quality of the land

– Soil: Trenches, drilling• Standards in schedule I or II of the Land Protection and

Rehabilitation Regulation or criteria B or C if conducted outside the EQA

– Groundwater: Observation wells• “Drinking water” or “resurgence in surface water” criteria in the

Intervention guide – Soil protection and rehabilitation of contaminated sites (Intervention guide)

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Soils– Sampling strategies

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X XX X

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XX X X

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Systematic

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XX

Simple random

Targeted


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Soils– Combined sampling

approach• Targeted and systematic

– Characterization must include a minimum of 1 sample per 625 m2 (25 m x 25 m)

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Building

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Reservoir

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Reservoir

X X X XXXXXX

XXX XX

X X X

X


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Soils– Parameters to be

analyzed according to the activities practiced or exercised on the land

• Schedule IX of the Guide


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Site characterization

Groundwater– Summary of the approach presented in the Intervention guide

2. Impacts on groundwater (presence of contaminants in the water)

3. Risk of effects on health, use and the environment (beyond applicable standards or criteria)

Drinking water

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Groundwater: applicable criteria– “Water for consumption”

• When the receptor is a drinking water well – “Resurgence in surface water”

• When the receptor is a downstream surface water body• When the receptor is a sewer system

– Other uses of water• To water livestock• For crop irrigation

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Groundwater criteria: Criteria source for resurgence in surface water


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Following an intervention or when an alert threshold is exceeded, groundwater monitoring must be conducted


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Chemical analyses– Laboratories accredited by the Centre d’expertise en analyses

environnementales du Québec (CEAEQ)• Analytical methods• Limits of quantification

Experts (from the private sector)– Provide the various certifications required by the provisions of

section IV of chapter IV of the EQA


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When a land characterization study conducted under the EQA reveals that the applicable Land Protection and Rehabilitation Regulation standards have been exceeded

– A rehabilitation plan must be submitted to the Minister for approval

– An expert must approve that the work has been carried out in accordance with the approved plan after it has been completed

Site rehabilitation

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Since March 23, 2017, under certain conditions, the rehabilitation of land can be done as part of a declaration of conformity

– Excavation and dispatch to an authorized site of all soils beyond the applicable Land Protection and Rehabilitation Regulation standards

– Maximum quantity of 10,000 m3 of contaminated soil to excavate

– Absence of • Residual hazardous materials• Chlorinated volatile organic compounds• Measurable immiscible liquids

– Only the recovery of water accumulating in the excavation is required

– No monitoring of groundwater quality is required

Site rehabilitation

http://www.mddelcc.gouv.qc.ca/autorisations/declaration-conformite/index.htm

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2 main methods of land rehabilitation– Until the applicable standards are met

• Excavation, landfill, treatment – By risk analysis (evaluation + risk management)

• Not accepted for petroleum hydrocarbons (PHC) C10-C50 and VOCs

• Documents to be submitted to the Ministère» Toxicological and ecotoxicological risk studies and the potential

impact on groundwater» Proposed rehabilitation plan + completion schedule

• Implementation of mitigation measures (CCM)» Prevent contact with contaminants

Site rehabilitation

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Rehabilitation by risk analysis– Mitigation measures – Measures of containment, control and

monitoring (CCM)dalle de bétonrevêtement d’asphaltepelouse

sols propres (≤ A)

30 cm

1 m40 cm

40 cm

2 m

sols terrain origine (≤ B) ou propres (≤ A)

matériaux granulaires propres (≤ A)

Source: DLC

Site rehabilitation

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Rehabilitation by risk analysis– Quality of acceptable mitigation measures

• Land for residential purposes:» Soil ≤ A » Soil ≤ Becotox

• Land for commercial and industrial purposes:» Soil ≤ A » Soil ≤ Cecotox

Site rehabilitation

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Rehabilitation by risk analysis– Ecosystem

protection criteria

Site rehabilitation

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Treatment– Organic contaminants (e.g., PHC C10-C50)

• Biological treatment – biopiles » Bacterial degradation in aerobic environment

• In situ treatment» Oxidant injection to degrade contaminants (without

excavation)

Site rehabilitation

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Treatment– Metals

• Physico-chemical removal (“Soil washing”)» Physical separation in different grain size fractions according to

their density» Chemical leaching: solution treatment of metals

Site rehabilitation

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The Intervention guide– Methodologies, legal and regulatory obligations, rules to follow,

current intervention procedures – Existing tools: Characterization guide, criteria, management of

excavated contaminated soil– Data sheets

• Examples: Sulfur, chlorinated VOC vapour intrusion

Intervention guide – Soil protection and remediation of contaminated land

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The Intervention guide– 2 of the main objectives besides making it possible to find all the

legal and regulatory obligations and rules relating to soil protection and land rehabilitation in a single document

• Provide more management options for excavated contaminated soils

• Allow more beneficial-reuse options for slightly contaminated soils (“A-B” soils)

Intervention guide – Soil protection and remediation of contaminated land

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Excavated soil management grid

Intervention guide

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Intervention guide

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Intervention guide

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Soil beneficial-reuse– Beneficial-reuse

• Restoring use and utility to contaminated soils• Allows substitution with clean soils or materials

» Thus allows limiting the consumption of the latter and the associated environmental and economic impacts

– Advantages of beneficial-reuse are twofold• Facilitates the management of treated soils• Reduces pressure on natural environments that would otherwise need

to be exploited to meet demand (quarries, sand pits, peat bogs, etc.)– Recovery option that may eventually be permitted through an

amendment to the Regulation Respecting Pits and Quarries • Use of soils < in schedule I of the Land Protection and Rehabilitation

Regulation (“A-B” soils) for the redevelopment and restoration of an abandoned quarry

Intervention guide

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Soil beneficial-reuse – Revegetation of impacted areas– For example, mine tailings accumulation areas

• Targeted objective: Favour the establishment and maintenance of the vegetation in degraded areas by correcting the deficiencies of the properties of the soil generated by human activities

– Soil recovery < schedule I of the Land Protection and Rehabilitation Regulation (“A-B” soils)

Intervention guide

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Soil beneficial-reuse – Revegetation of impacted areas

Source : courrierfrontenac.qc.ca

Intervention guide

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Origin of metal-metalloids background levels– The values assigned to criteria A are generally in the 95th

percentile range• Appalachians, Grenville, Superior and Rae and the Labrador Trough

» Criterion A: Highest value between the criterion A published in 1998 and the 95th percentile of MRN data

• Appalachians» Cr, Cu, Hg, Mn, Ni and Pb: 95th percentile of the MRN was

established based on data from different subsectors• Saint-Lawrence Lowlands

» Higher between the criterion A published in 1998, the median of the 95th percentiles of the MRN and new data available since 1998

• Limit values: Criterion B and ecotoxicological criterion» No criterion A may exceed criterion B or the ecotoxicological

criterion

Intervention guide

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Background metal concentrations

Intervention guide

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Available resources on the “Terrains contaminés” tab of the MDDELCC Website

Law and regulations– Example of notices to be registered in the land register

Publications relative to contaminated lands– Reports– Guides et guidelines

The Intervention guide and technical factsheets

The Contaminated land registry

List of the experts et documents relative to certifications (CEAEQ)Treatment of contaminated soil

List of the authorized contaminated soil treatment centres

List of the enterprises that have carried out in situ treatment of contaminated soil and groundwater in Quebec

List of the authorized contaminated soil landfills

Available tools

http://www.mddelcc.gouv.qc.ca/sol/inter.htmhttp://www.mddelcc.gouv.qc.ca/sol/terrains/loi-reg.htmhttp://www.mddelcc.gouv.qc.ca/sol/terrains/index.htm#guideshttp://www.mddelcc.gouv.qc.ca/sol/terrains/guide-intervention/index.htmhttp://www.mddelcc.gouv.qc.ca/sol/terrains/terrains-contamines/recherche.asphttp://www.ceaeq.gouv.qc.ca/accreditation/experts/index.htmhttp://www.mddelcc.gouv.qc.ca/sol/lieux/centres.pdfhttp://www.mddelcc.gouv.qc.ca/sol/lieux/liste-entreprises-in-situ.pdfhttp://www.mddelcc.gouv.qc.ca/sol/lieux/lieux-enfouis.pdf

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THANK YOU FOR YOUR TIME!

Any questions?

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