The Remediation Regulation came into effect on January 1, 2019. Under the regulation, a remedial action plan (RAP) must be submitted by the person responsible (usually the licensee) for any released substance if remediation will not be completed within two years from the time of becoming aware of the release.
A professional contamination management report together with a Record of Site Condition form (RoSC) may satisfy the Remediation Regulation RAP requirements. This is currently available for use and can be completed at any time.
A licensee may have become aware of a substance release before January 1, 2019, and determined that the release did not trigger release reporting requirements. However, if the licensee has subsequently determined that the release has caused, is causing, or may cause an adverse effect (for example, tier 1 or 2 guideline concentrations in soil and groundwater are exceeded), then section 2.2 of the Remediation Regulation requires a RAP to now be submitted.
To assist the submission of RAP information for previously unreported pre-2019 substance releases, a geo-spatial RAP submission tool will be available in early 2021. The AER will use this information to assess the likelihood of risk at a site and additional information may be requested. Further details on the geo-spatial RAP submission tool are forthcoming, including training information.
For lower risk previously unreported pre-2019 substance release sites, when geo-spatial tool RAP information or a professional contamination management report and RoSC is submitted, licensees will not also be required to report the release per the release reporting requirements . If the release is ongoing or there are any other release reporting triggers present (aside from the potential for adverse effect), the licensee must follow the release reporting requirements .
For previously unreported pre-2019 substance releases, where licensees are not able to meet requirements to submit a RAP (for example, a professional report and a RoSC form) within a two-year time frame, the AER will consider an extension request made by authorized representatives of licensees. To request extensions to RAP submission timelines and access to the geo-spatial RAP submission tool, please e-mail request letters and supporting rationale to @email before April 30, 2021 with “Pre-2019 RAP Extension Request” in the subject line.
Questions or concerns related to the Remediation Regulation may be submitted separately to @email.