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Preapprovals

Last updated on July 3, 2024

Find out how to apply for a preapproval from the ministry and learn more about what to do when the entire extent of contamination at a non-high risk contaminated site cannot be delineated or remediated.

On this page:

Preapprovals under Protocol 6

Preapproval from a director is required in specific situations when you apply for:

You can find these situations in Section 4.0 of Protocol 6: Applications with Approved Professional Recommendations and Preapprovals (PDF, 406KB).

Preapprovals are obtained before applying for a certification document through the CSAP Society or applying for a release notice from the ministry.

Apply for ministry preapproval

To apply for ministry preapproval you must:

Visit Apply for Services to learn more about how to submit your application. 

Preapproval for sites that can’t be fully delineated or remediated

The scenarios below show whether you need ministry preapproval if the entire extent of contamination at your site will not be delineated or remediated.  

Examples of scenarios where ministry preapproval is required

You must get preapproval from the ministry for the following scenarios:

  • You've been denied access to an affected parcel, leading to incomplete investigation and remediation
  • It's not practical or safe to investigate or remediate a site using ministry guidance and protocols
  • Neighbouring source parcel owners won't cooperate in the investigation or remediation of merging contamination

This list doesn’t include all scenarios. For more information, please contact the ministry at remediationFAQs@gov.bc.ca.  

Examples of scenarios where ministry preapproval is not required

You do not need preapproval from the ministry for the following scenarios:

  • You are remediating a flow-through contaminated site
  • There is area wide contamination
  • You want to get certification for an affected parcel before the source site is fully remediated
  • You are only remediating part of an operating facility and need a certification document or site release for that area
  • Contaminants appear in environmental media because of beneficial uses

Reporting guidance for scenarios that don’t require ministry preapproval

If a scenario doesn’t require ministry preapproval (see list above), you can apply directly to CSAP Society for certification documents.

When you apply, you must clearly describe the scenario in a separate section of the applicable final report(s). You also need to summarize the scenario in Section 4.8 of the Summary of Site Condition.

Other information you provide to show why delineation or remediation is not possible may include:

  • Information that shows you made reasonable efforts to delineate and remediate all contamination
  • All related figures, tables, and data
  • Records of communication with affected parcel owners
  • Details of human health and environmental risks at the site
  • Design and implementation of engineering controls needed to prevent recontamination of the site
  • Risk controls required at the site

Additional guidance and reporting expectations are provided below for some of these scenarios.

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Flow-through contaminated site

A flow-through contaminated site is a site or parcel that contaminants have migrated to from an up-gradient source. These contaminants pass through the “flow-through” parcel without increasing in concentration. The contaminants then migrate further down-gradient to one or more additional affected sites or parcels.

Water lots may be impacted by flow-through contamination.

In this scenario, you are not required to investigate or remediate beyond the flow-through parcel boundaries but must still remediate all contamination at that parcel.

When reporting this scenario, you should include:

  1. All relevant information including figures for the site and surrounding area demonstrating that contamination considered “flow- through” is originating from an upgradient neighbouring source parcel, is migrating through the site, and then leaving the site without an increase in concentration
  2. Information about flow-through contaminants that have potential to break down into other products (for example perchloroethylene degrading to trichloroethylene, dichloroethylene and vinyl chloride). These breakdown products are considered part of the source contamination if you can show that they do not come from activities on the affected parcel.

 

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Area wide contamination

Area wide contamination is contaminated fill that covers a large area and has:

  • No known historical source
  • No identifiable responsible person
  • Not been designated an environmental management area

Water lots may be impacted by area wide contamination.

Contamination may be considered area wide contamination when the historical source is known but it is not associated with any known historical or existing on-site activities, and there is no identifiable responsible person.

In this scenario, you do not have to investigate or remediate beyond the parcel boundaries, but you are still responsible for remediating all contamination at that parcel.  

 

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To obtain certification for an affected parcel before the source site is fully remediated

Where a facility is no longer operational, your report should include:

  1. A plan and schedule that shows how you will remediate all contamination
  2. A written reason for why you are seeking a certification document or site release notice for the affected parcel, and not for the entire site

When the source site is still an operating facility, you don’t need to include additional information.

 

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Contaminants with beneficial use

Contamination can come from materials or substances that have beneficial use. These materials and substances are listed in the table below. 

Eligible beneficial uses

Substance

Eligible beneficial use

zinc

galvanized materials (used to prevent rusting)

copper

copper pipe or bare copper wire (used for water supply or for cathodic protection to prevent corrosion)

boron, chromium, copper, arsenic, chlorophenols, or constituents of creosote (including petroleum hydrocarbon carrier solutions)

treated or preserved wood utility poles, structural timber or pilings

chloride, sodium

road salting

To prove a beneficial use in your report, you should include information that:

  1. Shows that the contamination from beneficial use materials doesn’t go significantly beyond the source. The extent may differ depending on the beneficial use
  2. Shows that the beneficial use serves its intended purpose or the materials associated with the beneficial use continue to be used
  3. Includes records that confirm the beneficial use materials were not produced or stored at the parcel

Please refer to Protocol 13 to learn about beneficial use exemptions. If the exemptions in Protocol 13 do not apply, the contamination from beneficial use materials must be evaluated using a Detailed Risk Assessment.

Widespread road salt application

When remediating a parcel contaminated by beneficial use of road salt to meet numerical standards, and the same beneficial use will continue on adjacent parcels or roadways, you are not required to investigate or remediate beyond the parcel boundaries. The parcel may be eligible for a numerical certification document.

 

 

The information on this web page does not replace the legislative requirements in the EMA or its regulations and it does not list all provisions for contaminated site services.

If there are differences between this information and the Act, Regulation, or Protocols, the Act, Regulation, and Protocols apply.