| “receiver” |
means [for the purposes of section 26 of the Regulation] a current or previous receiver, receiver manager, liquidator or bankruptcy trustee who is an owner or operator under the Act. |
| “receiving environment” |
means any land, water, sediment, wetland, or muskeg containing receptors, or an area subject to a compensation agreement. It does not include artificial watercourses such as drainage or irrigation ditches/canals, standing water, treatment ponds, or artificial watercourses such as those whose primary purpose is to convey storm water. |
| “receiving site” |
means [for the purposes of Part 8 of the Regulation] the site to which contaminated soil has been or will be relocated under a Contaminated Soil Relocation Agreement. |
| “receptor” |
means a living plant, animal or human that may be exposed to a substance. |
| “record keeping” |
means maintaining records of monitoring, inspections, operation and maintenance and contingency actions, conditions and performance. |
| “recurring costs” |
means those costs for management and monitoring, labour, materials, ongoing contract services, performance and site monitoring, offsite treatment and disposal, project management, insurance, technical support, etc., that may recur from year to year and are expressed on an annual basis. |
| “regional background soil quality estimate” |
means a background concentration in soil for a substance, for a region, as listed in a protocol established by a Director. |
| “Registrar” |
means the registrar appointed under section 43 [of the Act]. |
| “Regulation” |
means the Contaminated Sites Regulation (B.C. Reg. 375/96). |
| “release” |
means, where a site profile is required under section 40 of the Act, the removal of a prohibition placed on an approving authority to grant an authorization in relation to zoning, subdivision, development and development variance permits, demolition and soil removal. |
| “remediation” |
means action to eliminate, limit, correct, counteract, mitigate or remove any contaminant or the adverse effects on the environment or human health of any contaminant, and includes, but is not limited to, the following:
- (a) preliminary site investigations, detailed site investigations, analysis and interpretation, including tests, sampling, surveys, data evaluation, risk assessment and environmental impact assessment;
- (b) evaluation of alternative methods of remediation;
- (c) preparation of a remediation plan, including a plan for any consequential or associated removal of soil or soil relocation from the site;
- (d) implementation of a remediation plan;
- (e) monitoring, verification and confirmation of whether the remediation complies with the remediation plan, applicable standards and requirements imposed by a director;
- (f) other activities prescribed by the minister.
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| “remediation liability” |
means the liability held by a responsible person for remediating a contaminated site under Part 4 of the Act. |
| “remediation order” |
means a remediation order under section 48 [of the Act]. |
| “remediation plan” [RP] |
means a written document which may include, but is not necessarily limited to, plans and other information respecting
- (a) overall site location and delineated horizontal and vertical locations of contamination presented in maps, cross-sections and other graphic representations,
- (b) remediation alternatives which were considered for managing contamination from or at a site, and evaluation methods used to assess the factors under section 56 of the Act,
- (c) remediation methods selected to ensure compliance with the numerical standards, or the risk based standards prescribed in this regulation, and the conditions imposed by a director under section 53 of the Act or in a remediation order,
- (d) identification and classification in accordance with the numerical standards of the substances in any soil, surface water, groundwater, sediment or vapour to remain in place,
- (d.1) identification and classification in accordance with the numerical standards of the substances in any soil or sediment to be relocated,
- (e) risk assessment calculations and methodology to demonstrate compliance with risk-based remediation standards if remediation is assessed relative to the risk-based remediation standards,
- (f) a schedule with estimated dates for implementing remediation,
- (g) identification and discussion of the effects of known regulatory requirements on remediation, including any authorizations which will be required to implement remediation,
- (h) proposed confirmatory sampling, analysis, testing or monitoring during and after treatment, management or removal of contamination,
- (i) proposed measures and controls to ensure security, including covenants under section 219 of the Land Title Act, restrictive covenants and financial security in accordance with section 48 of this regulation, for ongoing management of any contamination if it will be managed at the site, and
- (j) any public consultation or review of remediation which has occurred or which is proposed during remediation.
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| “remediation standards” |
means numerical standards relating to concentrations of substances and standards relating to risk assessment, as prescribed in the regulations. |
| “residential land use” [RL] |
means the use of land for the primary purpose of
- (a) a residence by persons on a permanent, temporary or seasonal basis, including, without limitation, single family dwellings, cabins, apartments, condominiums or townhouses, or
- (b) institutional facilities, including, without limitation, schools, hospitals, day care operations, prisons, correctional centres and community centres.
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| “residential/urban park quality” |
Ameans soil or other material that is not suitable for agricultural land use, but is suitable for residential, urban park, commercial, or industrial land use as specified in the Contaminated Sites Regulation. |
| “responsible person” [RP] |
means a person described in section 45 [of the Act]. |
| “reviewable document” |
means a preliminary or detailed site investigation report, a human health or environmental risk assessment report, a remediation plan, a confirmation of remediation report, a site monitoring report, a report respecting local background concentrations of substances or any other document required to be reviewed by an Approved Professional to perform any of the types of Approved Professional work described in Table 1 of Procedures for the Roster of Approved Professionals. |
| “right of way” |
includes
- (a) an easement,
- (b) a statutory right of way, and
- (c) a limited interest in the land or a licence or a permit that grants the right to construct, operate or maintain works of a lineal nature on, over or under land.
|
| “risk assessment” [RA] |
means the systematic process of identifying and evaluating substances, persons potentially affected, and exposures to the substances in order to estimate cancer risks or hazard indices in accordance with a director's protocol. |
| “risk-based standards” |
means the standards prescribed in sections 18 and 18.1 of the Regulation. |
| “Risk-based Standards Approved Professional” |
means an Approved Professional who has passed an examination sponsored by the Society of Approved Professionals of British Columbia for applicants to qualify as “risk assessment specialists” and whose qualifications and experience:
- (a) represent an application of the knowledge of contaminant sources, fate, exposure and effects on biota (including humans);
- (b) were gained in an environment where the individual had primary responsibility for the technical and scientific aspects of the human health and/or ecological risk assessment;
- (c) show evidence that the accomplishment required a synthesis capability that only those who fully appreciate the topics of their discipline would have; and
- (d) show that appropriate regulatory requirements and guidelines for risk assessment work and the application of risk-based standards were met.
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| “risk-managed high risk site” |
means a high risk site where high risk conditions are addressed by the risk management approach. |
| “risk management” [RM] |
means actions, including monitoring, designed to prevent or mitigate risks to human health or the environment caused by contamination at a site. |
| “routine release” |
means the release of records which are available to the public without a request for access pursuant to the Freedom of Information and Protection of Privacy Act. |
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