1. Environmental Management University of New Brunswick Advanced Topics in Environmental Design Engineering February 17, 2005 Presented by: Heather Valsangkar, David Maguire & Tony Whalen New Brunswick Department of Environment and Local Government

2. Presentation Outline… 1.Departmental Overview 2.Drinking Water Protection Programs 3.Contaminated Site Management 4.Environmental Impact Assessment 1.Departmental Overview 2.Drinking Water Protection Programs 3.Contaminated Site Management 4.Environmental Impact Assessment

3. Departmental Mandates… !Provide integrated stewardship through planning and management of land use, zoning development and waste management issues !Ensure effective enforcement of, and compliance with, environmental legislation and regulations. !Provide effective consultation and liaison with municipal governments and Local Service Districts (LDS's) on governance issues. !Provide integrated stewardship through planning and management of land use, zoning development and waste management issues !Ensure effective enforcement of, and compliance with, environmental legislation and regulations. !Provide effective consultation and liaison with municipal governments and Local Service Districts (LDS's) on governance issues. http://app.infoaa.7700.gnb.ca/gnb/pub/ListOrgMandate1.asp?DeptID2=21

4. Divisional Mandates… Environmental Management !Responsible for initiatives, which control pollutants, promote pollution prevention & protect our environment. It serves as a major regulatory arm of the Department, implementing the Acts through early planning, pollution prevention initiatives & the administration of permits & approvals. !Closely monitors compliance & initiates enforcement when necessary. !Performs a stewardship role in managing issues that require proper environmental management or remediation. Sciences & Planning !Provides planning, scientific assessment & monitoring functions in support of departmental programs & services, including information reporting to the public. !Planning for sustainability is a major role of this Division bringing together air, water (including marine), & land planning to create a comprehensive management approach while considering economic, social & governance issues. Environmental Management !Responsible for initiatives, which control pollutants, promote pollution prevention & protect our environment. It serves as a major regulatory arm of the Department, implementing the Acts through early planning, pollution prevention initiatives & the administration of permits & approvals. !Closely monitors compliance & initiates enforcement when necessary. !Performs a stewardship role in managing issues that require proper environmental management or remediation. Sciences & Planning !Provides planning, scientific assessment & monitoring functions in support of departmental programs & services, including information reporting to the public. !Planning for sustainability is a major role of this Division bringing together air, water (including marine), & land planning to create a comprehensive management approach while considering economic, social & governance issues.

5. Organization… ! !Approvals ! !Enforcement ! !Remediation ! !Stewardship ! !Regional Services ! !WAWA ! !Approvals ! !Enforcement ! !Remediation ! !Stewardship ! !Regional Services ! !WAWA ! !Sustainable Planning ! !Project Assessment ! !Sciences & Reporting ! !Analytical Services ! !Coastal Lands ! !Sustainable Planning ! !Project Assessment ! !Sciences & Reporting ! !Analytical Services ! !Coastal Lands ! !Local Governance ! !Local Finan. Support ! !Planning & Assessment ! !Appeal Board ! !Tech. & Op. Support ! !Local Governance ! !Local Finan. Support ! !Planning & Assessment ! !Appeal Board ! !Tech. & Op. Support ! !Finance & Admin. ! !Human Resources ! !Information Technology ! !Records Mgmt. ! !Finance & Admin. ! !Human Resources ! !Information Technology ! !Records Mgmt. http://app.infoaa.7700.gnb.ca/gnb/pub/ListOrgChart1.asp?DeptID1=21 Liane MacFarlane Director Policy & Planning (5) Liane MacFarlane Director Policy & Planning (5) Brad Marshall Executive Director Statute & Regulation Reform (1) Brad Marshall Executive Director Statute & Regulation Reform (1)

6. Organization… ! !Energy & Manufacturing ! !Resource Sector ! !Materials & Standards ! !Energy & Manufacturing ! !Resource Sector ! !Materials & Standards ! !Waste Management ! !Water Treatment & Distribution ! !Biomanagement & Resource Recovery ! !Aquaculture ! !Recycling ! !Pesticides ! !Waste Management ! !Water Treatment & Distribution ! !Biomanagement & Resource Recovery ! !Aquaculture ! !Recycling ! !Pesticides ! !Investigations ! !Enforcement ! !Administrative Penalties ! !Regional Offices ! !Watercourse & Wetland Alternation Program ! !Investigations ! !Enforcement ! !Administrative Penalties ! !Regional Offices ! !Watercourse & Wetland Alternation Program ! !Contaminated Sites Mgmt. ! !Petroleum Storage & Handling ! !Dump Closures ! !Contaminated Sites Mgmt. ! !Petroleum Storage & Handling ! !Dump Closures http://app.infoaa.7700.gnb.ca/gnb/pub/ListOrgChart1.asp?DeptID1=21 George Haines, ADM Environmental Management Perry Haines, Dir. Approvals (16) Gregory Shanks, Dir. Stewardship (17) Kirk Gordon, Dir. Regional Environmental Services (62) Michael Sprague, Dir. Remediation (8)

7. Organization… ! !LIMS/Admin ! !QA ! !Inorganic ! !Microbiological ! !Organic ! !LIMS/Admin ! !QA ! !Inorganic ! !Microbiological ! !Organic ! !Water & Marine Planning ! !Community Planning Bureau ! !Integrated Environmental Planning ! !Water & Marine Planning ! !Community Planning Bureau ! !Integrated Environmental Planning ! !Air Sciences ! !Reporting & Assessment ! !Water Sciences ! !Drinking Water (Provincial) ! !Air Sciences ! !Reporting & Assessment ! !Water Sciences ! !Drinking Water (Provincial) Diane Kent Gillis, ADM Science & Planning Peter Mclaughlin, Dir. Analytical Services (23) Paul Vanderlaan, Dir. Project Assessment EIA (10) Darryl Pupek, Dir. Sciences & Reporting (22) Kim Hughes, Dir. Sustainable Planning (22)

8. Organization… !301 employees in Province !Designated Inspectors !Highly skilled & trained staff !Engineers (all disciplines) !Business !Journalism !Biologists !Hydrogeologists !Law Enforcement !301 employees in Province !Designated Inspectors !Highly skilled & trained staff !Engineers (all disciplines) !Business !Journalism !Biologists !Hydrogeologists !Law Enforcement ! !Technicians ! !Chemists ! !Support Staff ! !Computer Science ! !IT ! !Doctors? ! !Technicians ! !Chemists ! !Support Staff ! !Computer Science ! !IT ! !Doctors?

9. Regional Support… Region 1 Region 2 Region 6 Region 5 Region 3 Region 4 Edmundston Tracadie-Sheila Richibucto Hampton St. Stephen Woodstock Grand Falls Bathurst Miramichi Municipal Service Representative Regional Office Moncton Saint John Fredericton Head Office !6 Regions !12 Offices !78 Employees !6 Regional Offices !6 MSR !1 Head Office !223 Employees !6 Regions !12 Offices !78 Employees !6 Regional Offices !6 MSR !1 Head Office !223 Employees

10. Acts…(33) !Agricultural Land Protection & Development !Assessment & Planning Appeal Board !Beverage Containers !Business Improvement Areas !Cemetery Companies !Clean Air !Clean Environment !Clean Water !Community Planning !Control of Municipalities !Days of Rest !Edmundston, 1998 !Environmental Trust Fund !Evidence !Gas Distribution, 1999 !Highway !Metric Conversion !Agricultural Land Protection & Development !Assessment & Planning Appeal Board !Beverage Containers !Business Improvement Areas !Cemetery Companies !Clean Air !Clean Environment !Clean Water !Community Planning !Control of Municipalities !Days of Rest !Edmundston, 1998 !Environmental Trust Fund !Evidence !Gas Distribution, 1999 !Highway !Metric Conversion ! !Mining ! !Municipal Assistance ! !Municipal Capital Borrowing ! !Municipal Debentures ! !Municipal Elections ! !Municipalities ! !Municipal Thoroughfare Easements ! !New Brunswick Municipal Finance Corporation ! !Pesticides Control ! !Pipe Line ! !Police ! !Real Property Tax ! !Service New Brunswick ! !Society for the Prevention of Cruelty to Animals ! !Topsoil Preservation ! !Unsightly Premises ! !Mining ! !Municipal Assistance ! !Municipal Capital Borrowing ! !Municipal Debentures ! !Municipal Elections ! !Municipalities ! !Municipal Thoroughfare Easements ! !New Brunswick Municipal Finance Corporation ! !Pesticides Control ! !Pipe Line ! !Police ! !Real Property Tax ! !Service New Brunswick ! !Society for the Prevention of Cruelty to Animals ! !Topsoil Preservation ! !Unsightly Premises http://www.gnb.ca/0062/deplinks/ENG/Elg.htm

11. Regulations (150 Total)… Clean Environment Act !Water Quality 82-126 !Appeal 84-179 !EIA 87-83 !Petroleum Product Storage & Handling 87-97 !Regional Solid Waste Commission 96-11 !NB Tire Stewardship 96-82 !Used Oil 2002-19 Clean Environment Act !Water Quality 82-126 !Appeal 84-179 !EIA 87-83 !Petroleum Product Storage & Handling 87-97 !Regional Solid Waste Commission 96-11 !NB Tire Stewardship 96-82 !Used Oil 2002-19 Clean Water Act ! !Appeal 90-78 ! !Water Well 90-79 ! !Watercourse Alteration 90-80 ! !Protected Area Exemption 90-120 ! !Fees for Ind. Approvals 93-201 ! !Potable Water 93-203 ! !Wellfield Protected Area Designation Order 2000-47 ! !Watershed Protected Area Designation Order 2001-83 ! !Water Classification 2002-13 Clean Water Act ! !Appeal 90-78 ! !Water Well 90-79 ! !Watercourse Alteration 90-80 ! !Protected Area Exemption 90-120 ! !Fees for Ind. Approvals 93-201 ! !Potable Water 93-203 ! !Wellfield Protected Area Designation Order 2000-47 ! !Watershed Protected Area Designation Order 2001-83 ! !Water Classification 2002-13

12. Regulating New Brunswick’s Municipal Drinking Water Systems Regulating New Brunswick’s Municipal Drinking Water Systems New Brunswick Environment and Local Government

13. Presentation Outline… !The Multi-Safeguard (Multi-Barrier) Approach !Source Water Protection Programs !Municipal Drinking Water Program !Preliminary Performance Survey !Certificates of Approval to Operate !Approval Compliance Evaluation !Future Challenges !The Multi-Safeguard (Multi-Barrier) Approach !Source Water Protection Programs !Municipal Drinking Water Program !Preliminary Performance Survey !Certificates of Approval to Operate !Approval Compliance Evaluation !Future Challenges

14. Multi-Barrier Example…

15. Our Multi-Barrier Approach Emergency Response Operations & Maintenance Monitoring & Alarms Distribution System Treatment Treatment Source Protection

16. !Progressive source protection programs in place since 1990 !Testing Requirements since 1994 !Enhanced 2001 - 6 Regional Water Planning Officers (RWPO’s) !Further enhancements October 2002 !Progressive source protection programs in place since 1990 !Testing Requirements since 1994 !Enhanced 2001 - 6 Regional Water Planning Officers (RWPO’s) !Further enhancements October 2002 Municipal Drinking Water Program…

17. Source Protection… Fredericton Edmundston Miramichi Bathurst Moncton Saint John Implemented 1990 30 Watersheds 21 Municipalities 4% of the Province’s Area 40% of the Population Implemented 1990 30 Watersheds 21 Municipalities 4% of the Province’s Area 40% of the Population Watershed Watershed Protection Program Campbellton

18. Source Protection… Example of a Designated Surface Drinking Water Supply

19. Source Protection… Watershed Activities Regulated !http://www.gnb.ca/0009/0371/0004/index.htm http://www.gnb.ca/0009/0371/0004/index.htm !Motorized Boating, Swimming controls !Existing Residential re-development !Forestry – selection cutting; maximum clearcut !Agriculture – livestock, manure storage, etc. !Pesticides – setbacks, applicator certification !Road Construction – specifications !Mineral Development !Petroleum Storage Zone C only !Any activity not specified in Reg. is not permitted

20. Source Protection… 57 municipalities 30 % of the population protect drinking water in municipal wellfields 19 designated areas (Jan. 2005) 45 groundwater protection studies in progress or completed activities controlled in three protected areas (A,B and C) target 2008 for all 57 municipalities 30 % of the population protect drinking water in municipal wellfields 19 designated areas (Jan. 2005) 45 groundwater protection studies in progress or completed activities controlled in three protected areas (A,B and C) target 2008 for all Wellfield Protection Program Wellfield Protection Program Designated Area Fredericton Moncton Miramichi Bathurst Edmundston Saint John Richibucto Campbellton St. Stephen Doaktown Tide Head Protection Plan No Protection Plan Plaster Rock Shippagan Riverside Albert McAdam Hillsborough Implemented 2000 NGWA Award Winner Grand Falls Grand-Sault St-Léonard Charlo

21. Source Protection… A A Zone A (High Risk) - 250 days (Bacteria) Wellfield Protection Zones B B Zone B (Medium Risk) - 250 days to 5 years (Petroleum) C C Zone C (Low Risk) 5 to 25 years (Persistent Solvent)

22. Source Protection… Wellfield Activities Regulated !http://www.gnb.ca/0009/0371/0001/index.html http://www.gnb.ca/0009/0371/0001/index.html !Petroleum Storage – quantities, secondary containment !Chemical Storage – pesticides and other chemicals !Agriculture – livestock, manure controls !Residential construction – sanitary sewers, septic !Commercial construction – sanitary sewers, septic !Mineral Exploration !Others

23. Creation of Water Treatment and Distribution SectionCreation of Water Treatment and Distribution Section Team consists of:Team consists of: Section Manager 4 Engineers Drinking Water Quality Specialist Water Resource Specialist Mandate: Ensure that safe & reliable DW delivered to residents Program enhancements…

24. Preliminary Performance Survey (PPS)… 2 day survey performed by 2 engineers Conducted Nov. 2002 – Nov. 003 Standardized Procedure (TQM) Based on the multi-barrier approach Inspect drinking water system infrastructure Determine how infrastructure is operated

25. PPS Multi-Barrier Approach… Source Protection Ground/surface water (or GWUDI), surrounding land use, raw water quality,… Treatment Unit operation details & performance, capacity, turbidity reduction, disinfection performance,… Operations & Maintenance Operator education & certification, maintenance records, communication structure,… Monitoring & Alarms Sampling plan, alarms, lab testing, record keeping & reporting,… Distribution System Residual chlorine, flushing, back- flow/cross-connection,… Emergency Response Contingency plan, boil order response plan, safety training, back- up power,…

26. Introduce program Develop relationship with municipalities, Public Health and DELG regional offices Comprehensive report on the operations and maintenance of water treatment plants and distribution systems in terms of the 6 Key Barriers Report provided on-site Observations, not recommendations PPS Goals…

27. PPS Findings… Provide a ‘snapshot’ of drinking water systems to municipalities, Public Health officials, and DELG Provide support to other government initiatives Incorporated into new ‘Certificate of Approval’ (COA) to Operate Determined ‘Path Forward’

28. PPS Issues… Cross connections Few complaint registries Variable flushing programs Variable backflow prevention programs Limited reporting Training and certification

29. Approvals… Clean Environment Act, Water Quality Regulation (82-126)Clean Environment Act, Water Quality Regulation (82-126) Certificate of Approval to Construct Certificate of Approval to Construct Certificate of Approval to Operate Certificate of Approval to Operate First issued March, 2003 1, 2, or 3 year term Class I-IV water treatment and distribution English, French or bilingual Re-issuance began in March, 2004 (5 yr term) Site specific approval based on PPS findings

30. Approvals… ! !Water Treatment Plants (Class I–IV) ! !Water Distribution Systems (Class I–IV) ! !1-5 years in duration ! !French, English or bilingual ! !Multiple systems in some cases ! !Water Treatment Plants (Class I–IV) ! !Water Distribution Systems (Class I–IV) ! !1-5 years in duration ! !French, English or bilingual ! !Multiple systems in some cases

31. Original COAs… Key requirements include: Mandatory training and certification Sampling plan Annual Report Backflow prevention program Flushing program Contingency plan ELG and Public Health notification requirements

32. What’s New with the COAs?… ! !Issued for a 5-year term ! !Single approval for multiple facilities (treat. & dist.) ! !Include a more detailed description of water works ! !Source ! !Disinfection equipment ! !Treatment equipment ! !Filters ! !Chemical feed systems ! !WWT & handling facilities ! !Other equipment ! !Storage reservoir(s) ! !Other items & equipment ! !Issued for a 5-year term ! !Single approval for multiple facilities (treat. & dist.) ! !Include a more detailed description of water works ! !Source ! !Disinfection equipment ! !Treatment equipment ! !Filters ! !Chemical feed systems ! !WWT & handling facilities ! !Other equipment ! !Storage reservoir(s) ! !Other items & equipment

33. What’s New with the COAs?… ! !Added several conditions to address: ! !source usage ! !importance of retaining reports, plans & drawings ! !improved wastewater sampling. ! !enhanced monitoring. ! !maintenance a complaint registry. ! !alarm system maintenance. ! !storage reservoirs inspections. ! !documentation of water & sewer cross-connections. ! !Added several conditions to address: ! !source usage ! !importance of retaining reports, plans & drawings ! !improved wastewater sampling. ! !enhanced monitoring. ! !maintenance a complaint registry. ! !alarm system maintenance. ! !storage reservoirs inspections. ! !documentation of water & sewer cross-connections.

34. Approval Compliance Evaluations

35. Approval Compliance Evaluation (ACE) ! !Purpose ! !Evaluate COA compliance ! !Answer COA questions ! !Piloted in May 2004 ! !Standardized procedure (SOP) ! !Cooperative effort developed by DHW & DELG ! !To be completed by Public Health Inspector and Drinking Water Systems Engineer ! !To be conducted for all 67 municipalities in 2004 ! !Conducted in both English and French ! !Purpose ! !Evaluate COA compliance ! !Answer COA questions ! !Piloted in May 2004 ! !Standardized procedure (SOP) ! !Cooperative effort developed by DHW & DELG ! !To be completed by Public Health Inspector and Drinking Water Systems Engineer ! !To be conducted for all 67 municipalities in 2004 ! !Conducted in both English and French

36. Approval Compliance Evaluation (ACE) Comprised of interview, records review and facilities inspection Completed by 1 Engineer and 1 PHI (typically) DELG Engineers are “Designated Inspectors” under the Clean Environment and Clean Water Act Checklist arranged so that “yes” indicates compliance with COA Yes indicates that minimum COA requirements are being met (based on interview responses, records provided and facilities visited) Exit Meeting Purpose: review findings and allow for comments and discussion RWPO, municipal officials also invited to attend exit meeting

37. Statistics… ! !67 municipal systems ! !185 wells & 22 surface water sources ! !362,000 people serviced by municipal DW ! !Per capita consumption: 165/2320/680 L/person/day ! !Prevalent Water quality issues – microbiological, turbidity, hardness, THMs, Fe, Mn, colour, corrosivity, NO 3 /NO 2 ! !Disinfection ! !54 with chlorine residual; 10 with standby ! !1 ozone; 3 UV disinfection ! !Certification level achievement ~50% ! !67 municipal systems ! !185 wells & 22 surface water sources ! !362,000 people serviced by municipal DW ! !Per capita consumption: 165/2320/680 L/person/day ! !Prevalent Water quality issues – microbiological, turbidity, hardness, THMs, Fe, Mn, colour, corrosivity, NO 3 /NO 2 ! !Disinfection ! !54 with chlorine residual; 10 with standby ! !1 ozone; 3 UV disinfection ! !Certification level achievement ~50%

38. Enforcement… ! !Aug-04: Saint John charged with violating COA condition re: DHW notification issued under WQR, CWA. Fined $7,500. ! !Oct-04: Sussex charged with violating COA condition re: DHW notification issued under WQR, CWA. Fined $1,500. ! !Nov-04: Individual charged for making false or misleading statement to an environmental inspector. Guilty plea entered for offence under CWA. Fined $1,750. ! !2005: Charges pending for 2 municipalities ! !Aug-04: Saint John charged with violating COA condition re: DHW notification issued under WQR, CWA. Fined $7,500. ! !Oct-04: Sussex charged with violating COA condition re: DHW notification issued under WQR, CWA. Fined $1,500. ! !Nov-04: Individual charged for making false or misleading statement to an environmental inspector. Guilty plea entered for offence under CWA. Fined $1,750. ! !2005: Charges pending for 2 municipalities

39. Future Challenges... !Develop disinfection strategy and legislation !Develop overall program strategic plan to address other drinking water systems !Implement surface water treatment standards !Develop GWUDI protocol !Ensuring adequate charge rates to maintain systems and operations

40. Questions

41. Contaminated Sites Program Remediation Branch - DELG

42. Acts and Regulations Governing Contaminated Sites Management !Clean Environment Act, RSNB, 1973,c.C6 – paragraph 5(1)(g) !Petroleum Product Storage and Handling Regulation – Clean Environment Act (N.B. Reg. 87-97) !Subsection 10(4) of the Water Quality Regulation – Clean Environment Act !Clean Environment Act, RSNB, 1973,c.C6 – paragraph 5(1)(g) !Petroleum Product Storage and Handling Regulation – Clean Environment Act (N.B. Reg. 87-97) !Subsection 10(4) of the Water Quality Regulation – Clean Environment Act http://www.gnb.ca/0009/index-e.asp

43. Policies/Protocols Governing Contaminated Sites Management !Guideline for the Management of Contaminated Sites – Version 2, November, 2003 !Atlantic RBCA User Guidance – Version 2, October 2003 !Other Departmental Policies such as the Limited Remedial Action Reference Documentation for Site Professionals, Compliance and Enforcement Policy, Application of Atlantic RBCA in Wellfields !Guideline for the Management of Contaminated Sites – Version 2, November, 2003 !Atlantic RBCA User Guidance – Version 2, October 2003 !Other Departmental Policies such as the Limited Remedial Action Reference Documentation for Site Professionals, Compliance and Enforcement Policy, Application of Atlantic RBCA in Wellfields http://www.gnb.ca/0009/index-e.asp

44. Evolution of CSM in New Brunswick 1987 - Petroleum Product storage and Handling Regulation (8000 tanks removed, replaced, inspected) 1992 – Guidelines for the Assessment and Remediation of Contaminated Sites (Generic Criteria – 50 sites closed prior to 1999) 1992 – Guidelines for the Assessment and Remediation of Contaminated Sites (Generic Criteria – 50 sites closed prior to 1999) 1997 – PIRI Committee formed to explore development of Risk Based Clean-up Criteria1997 – PIRI Committee formed to explore development of Risk Based Clean-up Criteria 1998 – Remediation database created1998 – Remediation database created 1999 – Atlantic – wide technical tool RBCA Version 1 and NB Guideline for the Management of Contaminated Sites implemented (640 sites closed since 1999). This allows for closure at Tiers I-III 1999 – Atlantic – wide technical tool RBCA Version 1 and NB Guideline for the Management of Contaminated Sites implemented (640 sites closed since 1999). This allows for closure at Tiers I-III.

45. Risk Assessment RECEPTOR EXPOSURE RISK HAZARD

46. Atlantic RBCA (Risk-Based Corrective Action) Atlantic RBCA model based upon the ASTM Standard.Atlantic RBCA model based upon the ASTM Standard. Acceptable incremental risk from contamination based upon an increase of risk of negative effects to human health of 1 in 100,000.Acceptable incremental risk from contamination based upon an increase of risk of negative effects to human health of 1 in 100,000. Source (Contaminants) classified as carcinogen or non- carcinogens and also by their behavior in the environment (how they leach from soil, how they dissolve, how they vaporizeSource (Contaminants) classified as carcinogen or non- carcinogens and also by their behavior in the environment (how they leach from soil, how they dissolve, how they vaporize Receptors classified as commercial or residential, by age of receptors and by duration of exposure.Receptors classified as commercial or residential, by age of receptors and by duration of exposure. Exposure classified as the active pathways between the source and the receptor (i.e. indoor air vapors from soil and groundwater, outdoor air vapors from soil and groundwater, dermal contact with soil, soil or groundwater consumption.)Exposure classified as the active pathways between the source and the receptor (i.e. indoor air vapors from soil and groundwater, outdoor air vapors from soil and groundwater, dermal contact with soil, soil or groundwater consumption.) Corrective action involves removal of part or all of the source, receptors and exposures to reduce risk to an acceptable level.Corrective action involves removal of part or all of the source, receptors and exposures to reduce risk to an acceptable level.

47. Atlantic RBCA (Risk-Based Corrective Action) Three Tiers of risk assessment available.Three Tiers of risk assessment available. At Tier I, compare site results for petroleum hydrocarbons in soils and in groundwater to look-up tables developed for typical Atlantic Canadian conditions based upon contaminant type, water supply land use and aquifer type.At Tier I, compare site results for petroleum hydrocarbons in soils and in groundwater to look-up tables developed for typical Atlantic Canadian conditions based upon contaminant type, water supply land use and aquifer type. At Tier II, compare the site results to site-specific clean-up numbers generated by the Atlantic RBCA model. Input to the model can be varied from the typical Atlantic conditions to reproduce site specific conditions. The model has only been validated for petroleum hydrocarbons.At Tier II, compare the site results to site-specific clean-up numbers generated by the Atlantic RBCA model. Input to the model can be varied from the typical Atlantic conditions to reproduce site specific conditions. The model has only been validated for petroleum hydrocarbons. At Tier III, evaluate risk by use of other computer models, monitoring data, soil gas, or air quality data. Risk assessment of non-petroleum contaminants and ecological risk assessment occurs at Tier III.At Tier III, evaluate risk by use of other computer models, monitoring data, soil gas, or air quality data. Risk assessment of non-petroleum contaminants and ecological risk assessment occurs at Tier III. Risk assessment costs typically increase at each Tier but may reduce costs of corrective action.Risk assessment costs typically increase at each Tier but may reduce costs of corrective action.

48. Technical and Management Tools in New Brunswick

49. Roles in the Management Process Responsible Party defined as per Acts and Regulations – usually the person who caused or contributed to contamination. Sale/transfer of land does not usually affect who is the Responsible Party.Responsible Party defined as per Acts and Regulations – usually the person who caused or contributed to contamination. Sale/transfer of land does not usually affect who is the Responsible Party. Site Professional defined as someone possessing the qualifications of a professional engineer or geoscientist as defined by APEGNB. The Site Professional works on behalf of the Responsible Party.Site Professional defined as someone possessing the qualifications of a professional engineer or geoscientist as defined by APEGNB. The Site Professional works on behalf of the Responsible Party. Third Party defined as someone whose property was affected by contamination emanating from the source property.Third Party defined as someone whose property was affected by contamination emanating from the source property. DELG responsible to audit/review Site Professional submissions to ensure conformity with the management process.DELG responsible to audit/review Site Professional submissions to ensure conformity with the management process.

51. Some examples of contaminated sites management for brownfields CN Shops complex – multi-contaminant industrial site – now developed into playing fields, commercial use and ready for future residential use.CN Shops complex – multi-contaminant industrial site – now developed into playing fields, commercial use and ready for future residential use. Sobeys property – former railway lands now being used for a commercial grocery storeSobeys property – former railway lands now being used for a commercial grocery store Brookside Drive – former industrial site now being used for residential developmentBrookside Drive – former industrial site now being used for residential development Charlo airport – former airstrip with DDT contamination now being used as a village parkCharlo airport – former airstrip with DDT contamination now being used as a village park Irving Bulk Plant – former bulk plant which was potentially to be used for a historic park propertyIrving Bulk Plant – former bulk plant which was potentially to be used for a historic park property

52. The Future Exploring Options - Contaminated Sites Regulation  Brownfield Redevelopment Voluntary Remediation Limited Liability Rewrite of PPH&S Reg. And Environmental Acts

53. For further information on Contaminated Sites Management visit: www.atlanticrbca.com

54. Project Assessment Branch Department of the Environment and Local Government Project Assessment Branch Department of the Environment and Local Government University of New Brunswick Advanced Topics in Environmental Design Engineering February 17, 2005 Presented by: David Maguire EIA in New Brunswick

55. Presentation Outline: 1.What is EIA ? 2.Provincial Process 3.Federal Process 4.Case Study & Questions 1.What is EIA ? 2.Provincial Process 3.Federal Process 4.Case Study & Questions

56. What Is EIA/EA ? Definition: A process through which environmental effects (biophysical, social & economic) potentially resulting from a proposed Project are identified and assessed. Objective: To provide useful environmental information; to help decision-makers make well-informed decisions related to proposed Projects/activities. Definition: A process through which environmental effects (biophysical, social & economic) potentially resulting from a proposed Project are identified and assessed. Objective: To provide useful environmental information; to help decision-makers make well-informed decisions related to proposed Projects/activities.

57. Provincial Process: Brief History 1975, Formal Cabinet Policy !Large Scale Government Projects !Point Lepreau; Fredericton Regional Landfill 1987, Regulation 87-83 (EIA Regulation) !Legislative Authority under Clean Environment Act !Public & Private Sector Projects !Approximately 1030 to date Brief History 1975, Formal Cabinet Policy !Large Scale Government Projects !Point Lepreau; Fredericton Regional Landfill 1987, Regulation 87-83 (EIA Regulation) !Legislative Authority under Clean Environment Act !Public & Private Sector Projects !Approximately 1030 to date

58. Provincial Process: Project Assessment Branch !Responsible for the administration of the EIA Regulation; delivering the Minister’s commitment to provide greater transparency to the EIA process by providing the public and other interested parties with enhanced information, and an opportunity to provide input to the assessment of registered projects. !A Team of 10 professionals with expertise in Engineering, Planning, EIA & Biophysical Sciences, Business and Public Consultation Project Assessment Branch !Responsible for the administration of the EIA Regulation; delivering the Minister’s commitment to provide greater transparency to the EIA process by providing the public and other interested parties with enhanced information, and an opportunity to provide input to the assessment of registered projects. !A Team of 10 professionals with expertise in Engineering, Planning, EIA & Biophysical Sciences, Business and Public Consultation

59. Provincial Process: Proponent registers project (Project Description) Step 1: Determination Review/responses to issues raised by TRC (iterative 30-day periods) Comp.EIA not required “ yes” with conditions “yes” without conditions “no” Comp.EIA Required Step 2

60. Provincial Process: Step 2 Public Meeting(s) Submit Terms of Reference EIA Report Prepared & Submitted Review of EIA Report (Review Statement & Summary Prepared) Guidelines Prepared - (public review of draft) Decision by Lieutenant-Governor in Council Other Required Approvals Comprehensive EIA

61. Provincial Process - SCHEDULE A !(a) all commercial extraction or processing of a mineral as defined in the Mining Act; !(b) all electrical power generating facilities with a production rating of 3 megawatts or more; !(c) all water reservoirs with a storage capacity of more than 10 million cubic metres; !(d) all electric power transmission lines exceeding 69 thousand volts in capacity or 5 km in length; !(e) all linear communication transmission systems exceeding 5 km in length; !(f) all commercial extraction or processing of combustible energy-yielding materials;

62. Provincial Process - SCHEDULE A ! (g) all offshore drilling for, or extraction of, oil, natural gas or minerals; ! (h) all pipelines exceeding 5 km in length, except water, steam or domestic wastewater pipelines; ! (i) all causeways & multiple-span bridges; ! (j) all major highway projects involving either a significant length of new highway alignment or a major upgrading or widening of an existing highway resulting in a change in its intended use or classification; ! (k) all facilities for the commercial processing or treatment of timber resources other than fuelwood, except maple sugaries, shingle mills and sawmills producing less than 100 thousand foot board annually;

63. Provincial Process - SCHEDULE A ! (l) all programs or commercial ventures involving the introduction into NB of plant or animal species which are not indigenous to NB; ! (m) all waste disposal facilities; ! (m.1) all disposal, destruction, recycling, reprocessing or storage of waste that originates outside NB & all facilities or systems for the disposal, destruction, recycling, reprocessing or storage of such wastes; ! (n) all sewage disposal or sewage treatment facilities, other than domestic, on-site facilities; ! (o) all provincial or national parks; ! (p) all major recreational or tourism developments, including developments which consist of changing the use of the land so that it is used for recreational or tourism purposes;

64. Provincial Process - SCHEDULE A ! (q) all ports, harbours, railroads or airports; ! (r) all projects involving the transfer of water between drainage basins; ! (s) all waterworks with a capacity greater than 50 m 3 (50,000L) of water daily; ! (t) all major residential developments outside incorporated areas; ! (u) all enterprises, activities, projects, structures, works or programs affecting any unique, rare or endangered feature of the environment; ! (v) all enterprises, activities, projects, structures, works or programs affecting 2 hectares or more of bog, marsh, swamp or other wetland; and ! (w) all facilities for the processing of radioactive material.

65. Canadian Environmental Assessment Act (CEAA) CEAA sets out the responsibilities and procedures for EAs of projects involving the federal government Federal Process

66. When does CEAA apply? For CEAA to apply, there must be: “decisions” = proponent funding federal land license/permit a federal “decision” to make about the project ($, land or jurisdiction) a federal “decision” to make about the project ($, land or jurisdiction) a CEAA “project” and a CEAA “project” and

67. Assures a federal coordination concerning environmental assessments: Federal Coordination Regulation Identifies and notifies other federal departments that may be involvedIdentifies and notifies other federal departments that may be involved Ensures that only 1 federal EA is done for each projectEnsures that only 1 federal EA is done for each project

68. Factors to consider in a federal EA screening Required: !environmental effects !cumulative effects !significance of effects !mitigation !public comments Optional: !purpose of project !alternative means !need for follow-up program !capacity of renewable resources

69. Federal - Provincial Harmonization of Processes Allows harmonization with provincial process when the latter is also required Responsible Authorities (RAs) have normal powers under CEAAResponsible Authorities (RAs) have normal powers under CEAA EIA includes all relevant federal departments (FCR)EIA includes all relevant federal departments (FCR) EIA considers all factors listed in s.16 (CEAA)EIA considers all factors listed in s.16 (CEAA) Conditions for federal participation in a joint EIA review:

70. Thank you & Questions

71. Case Study – Fredericton Wellfield Queen Square