Frequently Asked Questions
Q. What is a Phase One Environmental Site Assessment (Phase 1 ESA)?
Q. What is a Phase One Environmental Site Assessment (Phase 1 ESA)?
A. The Phase One Environmental Site Assessment (ESA) includes a detailed records review, visual site inspection, interviews with knowledgeable personnel, and the evaluation and reporting of findings. A significant level of research is required to determine whether actual or potential environmental concerns are present at the subject Site or surrounding properties. Down 2 Earth Environmental Services Inc. (D2E) regularly conducts Phase I ESAs for due diligence and financing (CSA Standard Z768-01), and for Records of Site Condition (Ont. Reg. 153/04 and 511/09). Experienced, senior staff members are involved in all aspects of the Phase 1 ESAs we conduct. Please contact us to discuss your unique requirements for completing your Phase 1 ESA, whether it is for pre-purchase assessment, purchase financing, property divestiture, baseline study, or for other due diligence requirements.
Q. What is a Phase Two Environmental Site Assessment (Phase 2 ESA)?
A. When environmental issues are identified in a Phase 1 ESA, a Phase 2 ESA sampling and analysis program is advisable to confirm or refute the potential for environmental concern, and is usually required by lenders for financing purposes. A Phase 2 ESA employs Site-specific sampling techniques and laboratory analyses to characterize environmental conditions and to assess compliance with regulatory standards. The Phase 2 ESA can involve sampling and analyses of soil, sediment, ground or surface waters, and building materials for chemical contaminants or other potentially hazardous materials. A comprehensive investigation will give the client a better understanding of their potential environmental risks, and provide sufficient data to formulate a suitable remedial program if required. Please contact us to discuss your unique requirements for completing your Phase 2 ESA for due diligence, property divestiture, financing, or to assess known or suspected contamination.
Q. What is a Record of Site Condition in Ontario (RSC)?
A. The Record of Site Condition is part of Ontario Regulations 153/04 and 511/09, referred to as the 'Brownfields Legislation'. In Ontario, the RSC is required when a property is developed or re-zoned to a more sensitive land use (e.g. from industrial to residential). Specific requirements are legislated for Phase 1 and 2 ESA's supporting the RSC. If there is no change to a more sensitive land use and no RSC is required, CSA compliant ESA's are usually acceptable for transactional due diligence/financing. In some cases, municipalities may request the RSC as part of their requirements for obtaining a building permit or Site Plan Approval even with no proposed change in land use. The RSC can also be a requirement of a vendor, purchaser, lawyer, or insurer for a property, especially when contamination is present and remediation and/or Risk Assessment are involved.
Q. As a property owner, can I proceed with a Phase 2 ESA without doing a Phase 1 ESA?
A. For due diligence purposes, there are no mandatory requirements to conduct a Phase 1 ESA prior to initiating a Phase 2; however, it is not generally a good idea. In order to obtain a Record of Site Condition (in Ontario), the RSC must be supported by at least a Phase 1 ESA, and in many cases a Phase 2 is also completed; both must conducted in strict accordance with MOECC protocols. A properly conducted Phase 1 ESA will help direct the scope of the Phase 2 and reduce the potential for missing items of concern. Drilling, monitoring well construction, soil and groundwater sampling and laboratory analyses are costly activities, and it makes economic sense to focus these actions on the concerns identified in the Phase 1. Knowing where to sample and what to test for are paramount to any successful environmental investigation. Should an owner elect to proceed directly with the Phase 2, significant issues such as historical Site activities, underground tanks that have been re-located, or off-site concerns related to former dry cleaners and gas stations; can easily be overlooked. A 'clean' Phase 2 report that fails to investigate significant concerns because the Phase 1 was omitted can lead to a false sense of security, litigation and costly liabilities.
Q. What is a Qualified Person (QP), and do I need a QP to conduct an ESA in Ontario?
A. In Ontario, a Qualified Person (QP) is required to conduct Phase 1 or 2 ESA's for filing a Record of Site Condition (RSC) with the Ontario Ministry of the Environment and Climate Change (MOECC). The QP is registered with the MOE, and must be a either a Professional Geoscientist or Professional Engineer, licensed and insured to practice in Ontario. Two levels of QP are recognized by the MOE; the QPESA for Phase 1 and 2 ESA's, and the QPRA for Risk Assessments. QP status is not required for Phase 1 or 2 ESA's where no RSC will be filed (e.g. for financing or property transactions).
Disclaimer: The data provided herein is for information purposes only. D2E makes no warranty either expressed or implied, as to the accuracy, completeness, validity or currency of the data provided. It is important to note that regulations, standard practices and technology can all change with time, location and jurisdiction. Down 2 Earth Environmental Services Inc. will not be responsible for any decisions made or actions undertaken by anyone based on the information provided. Any use or interpretation of this data is at the sole discretion of the user.
