This archived regulation consolidation is current to January 15, 2010 and includes changes enacted and in force by that date. For the most current information, click here.

Environmental Management Act

Contaminated Sites Regulation

[includes amendments up to B.C. Reg. 343/2008, January 1, 2009]

Contents
Part 1 — Interpretation
	1	Definitions
Part 2 — Site Profiles
	2	Scope of "industrial or commercial" purpose or activity
	3	When site profiles must be provided
	4	Exemptions respecting the providing of site profiles
	5	Duty to provide a satisfactorily completed site profile
	6	Assessing and forwarding site profiles
	7	Duties of a director and the commission after receiving a site profile
Part 2.1 — Summaries of Site Condition
	7.1	Duty to provide director with summary of site condition
Part 3 — Site Registry
	8	Site registry
Part 4 — Fees
	9	Fees
	10	Review of report or plan by external contract reviewer
Part 5 — Contaminated Site Definition and Determination
	11	Definition of contaminated site
	12	Specification of applicable land, water, sediment and vapour uses and site-specific factors
	13	Repealed
	14	Wide area site
	15	Procedures for determination of contaminated site
Part 6 — Remediation Standards
	16	Remediation options
	17	Application of numerical standards for remediation
	18	Application of risk-based standards for remediation
	18.1	Application of risk-based standards for remediation at wide area sites
Part 7 — Liability
	19	Persons not responsible — transporters and arrangers
	20	Persons not responsible — sureties
	21	Persons not responsible — insurers and insurance brokers
	22	Persons not responsible — certain owners
	23	Persons not responsible — producers arranging for transportation
	24	Persons not responsible — construction on contaminated sites
	25	Persons not responsible — secured creditors
	26	Persons not responsible — receivers, receiver managers and bankruptcy trustees
	27	Persons not responsible — trustees, executors, administrators and other fiduciaries
	28	Persons not responsible — clarification of innocent acquisition exemption
	29	Persons not responsible — modification of lessor liability under section 46 (1) (e) of the Act
	30	Persons not responsible — lessors who provide surface access for subsurface use
	31	Persons responsible — municipalities
	32	Persons not responsible — transporters of contaminated soil
	33	Persons not responsible — contamination which is subject to a wide area remediation plan
	34	Repealed
	35	Determining compensation under section 47 (5) of the Act
	36	Remediation orders — timing for consent and notice
	37	Remediation orders — diminishing or reducing assets
	38	Minor contributors
	39	Voluntary remediation agreements
Part 8 — Contaminated Soil Relocation
	40	Class of sites defined for Part 8
	41	Exemptions for soil relocation and disposal
	42	Soil relocation to a landfill without a contaminated soil relocation agreement
	43	Application for a contaminated soil relocation agreement
	44	Conditions pertaining to a contaminated soil relocation agreement
	45	Numerical standards for contaminated soil relocation agreements
	46	Risk-based standards for contaminated soil relocation agreements
Part 9 — Remediation Plan Approval and Completion
	47	Approval in principle
	48	Covenants and financial security — general principles
	49	Requests for certificates
	49.1	Director may consider recommendations of approved professionals
	50	Financial security as a condition of a certificate
	51	Approvals in principle and certificates for part of a site
	52	Duties of director respecting approvals in principle and certificates of compliance
Part 10
	53	Repealed
Part 11 — Allocation Panel
	54	Allocation panel procedures
Part 12 — Public Consultation and Review
	55	Director's powers
Part 13 — Independent Remediation Procedures
	56	Repealed
	57	Notifications for independent remediation
Part 14 — Site Investigations
	58	Preliminary site investigations
	59	Detailed site investigations
	60	Summary of site investigations and remediation plans
	60.1	Notification of neighbouring site owners after site investigations
Part 15 — Orphan Sites
	61	Criteria for determining orphan sites
	62	High risk orphan sites
Part 16 — Professional Statements
	63	Professional statements
Part 17
	64–66	Repealed
Part 18 — Director's Protocols
	67	Director's protocols
Schedule 1
Schedule 1.1
Schedule 2
Schedule 3
Schedule 4
Schedule 5
Schedule 6
Schedule 7
Schedule 8
Schedule 9
Schedule 10
Schedule 11