Documenti di Didattica
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FACTS
ON CONTAMINATED SITES
Version 6.0 November 2015
Do property owners have legal obligations Although the Ministry of Environment does not
related to storage tanks? specifically regulate residential heating oil
All underground storage tanks, and above storage tanks, all property owners in B.C. under
ground storage tanks over 2500 L, that supply provincial jurisdiction are legally responsible for
oil burning equipment on properties under complying with the provincial Environmental
provincial jurisdiction are regulated under the Management Act (the Act) and the Contaminated
BC Fire Code (BCFC). A provision in the BCFC Sites and Hazardous Waste Regulations.
states that an owner is required to follow good
engineering practices when removing,
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Who is responsible for cleanup of sites Property owners may wish to:
contaminated by leaking storage tanks? have their property inspected, in order to identify any
Under the Act, the following individuals may be heating oil tanks and to minimize the risk of leaks or
spills
responsible for cleaning up a contaminated site:
retain a qualified environmental professional to
a current owner or operator of the site; investigate their property during the removal of a
a previous owner or operator of the site; and heating oil tank and have the professional prepare a
a producer or transporter of a substance that report indicating that the property meets ministry
caused the contamination. standards via ministry endorsed methods
One or more of the above individuals may also What should you do if there is an abandoned
be responsible for cleanup if an adjacent site heating oil storage tank on your property?
becomes contaminated by a substance migrating Unused or abandoned heating oil storage tanks
from the original site. should be properly decommissioned by a
qualified contractor. Requirements for the
There are, however, a number of exemptions. decommissioning of out-of-service underground
For more information on remediation liability, storage tanks are described in the BCFC and the
see Fact Sheet 16, “Remediation Liability federal Storage Tank Systems for Petroleum
Overview” and Fact Sheet 18, “Remediation Products and Allied Petroleum Products
Liability and Transportation.” Please contact a Regulations. Note that the ministry normally
lawyer with contaminated sites legal experience would become directly involved only if the site
for further information on remediation liability. poses a high risk to human health or the
environment.
What can I do to avoid liability and minimize
risks associated with residential heating oil What should you do if your heating oil tank
storage tanks? has leaked?
If you buy a home with a heating oil tank, If your heating oil tank has leaked, you should
knowingly or not, you become potentially liable take immediate action to stop the leak and clean
for any future cleanup costs. up the impacted area. Section 4.1.6.3(2) of the
BCFC requires a property owner to take all
Prospective purchasers may wish to: reasonable steps to recover escaped flammable
have the property inspected for fill pipes, vent pipes, or combustible liquids and to remove or treat
feed tubes, etc. contaminated soil located on the property. If the
have purchasing offers subject to inspection by a tank is unused or abandoned, any remaining
building inspector and/or underground storage tank
locator
heating oil should be removed by a qualified
have an environmental consultant provide an estimate contractor and taken to an approved facility for
for removal, investigation and/or remediation and disposal. If your property is on well water, we
include this as a discount on the purchase price recommend that the water quality be tested to
include the tank removal and remediation as a ensure it has not been affected by the leaking oil.
condition of sale
Independent remediation
If you currently own a home with a heating oil Independent remediation is often undertaken by
tank you may also become liable for future a property owner or other responsible person to
cleanup costs. improve the environmental quality of a property
contaminated by a leaking heating oil tank. This
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process involves removing contaminated soil, may be required. Section 55 of the Act and
followed by the collection of soil samples by a sections 40–46 of the Contaminated Sites
qualified professional and laboratory analysis to Regulation specify requirements for such soil
confirm that all the contaminated soil was relocation. See Fact Sheet 41, “Relocation of Soils
removed. Anyone undertaking independent from Contaminated Sites” for more information.
remediation must provide written notice to the
Director of Waste Management. If a Notification How can I obtain a contaminated sites legal
of Independent Remediation is received by the instrument for my site?
ministry for a site, it is noted on the Site Registry Although not a requirement, a property owner
and is available for public viewing. may wish to obtain a legal instrument such as a
Certificate of Compliance, which certifies that a
For more information on independent site has been remediated to the environmental
remediation refer to Fact Sheet 21, quality standards of the Contaminated Sites
“Requirements for Independent Remediation” Regulation.
and Administrative Guidance 9, “Independent
Remediation of Contaminated Sites.” For more Almost all applications for contaminated sites
information on the Site Registry refer to Fact legal instruments must be submitted with the
Sheet 20, “The Site Registry.” recommendation of a person on the Roster of
Approved Professionals. Details on the Roster
Notifications of offsite migration are on our website.
If, during investigation or independent
remediation, it is determined that one or more Please consult Fact Sheet 28, “Overview of the
substances has migrated (or is likely to have Ministry’s Contaminated Sites Services” if you
migrated) to a neighbouring property and is would like to review our contaminated sites
causing (or is likely to cause) contamination of services application process.
that property, the neighbouring property owner
must be notified within 15 days of the Are owners required to submit remediation
responsible person becoming aware of the reports to the ministry?
situation. A copy of this notification must also The ministry would normally only require the
be sent to the Director of Waste Management. submission of site investigation or remediation
reports if the site owner is applying for a
For more information on offsite migration contaminated sites service. Professionally
notification requirements refer to Fact Sheet 34, endorsed reporting may be a requirement of the
“Requirements for Responding to Offsite local government, insurance agency or lender,
Contaminant Migration.” however in most cases these reports do not
require ministry review.
What are my options for soil disposal or Note: This summary is solely for the convenience of the reader. The
relocation? current legislation and regulations should be consulted for complete
Contaminated soil can be sent to a facility information.