If a property owner, during independent remediation or site investigation, becomes aware of the migration or likely migration of contaminants from his or her site to a neighbouring site, notices must be sent to affected neighbours and the provincial government.
Notification of Likely or Active Migration Requirements
The following is provided as general guidance on circumstances that do or do not trigger the requirements for the submission of a Notice of Likely or Active Migration.
A Notice of Likely or Active Migration is required:
- If a site investigation is underway and it discloses that one or more substances has migrated or is likely to have migrated to a neighbouring site or is likely causing contamination at the neighbouring site.
- If independent remediation is underway and the independent remediation discloses that one or more substances has migrated or is likely to have migrated to a neighbouring site or is likely causing contamination at the neighbouring site.
- If vapour, groundwater or surface water monitoring are underway as part of an ongoing site investigation or ongoing independent remediation at a site (e.g. as in the case of confirmatory monitoring of risk-based remediation – the monitoring may have been required by a Director of Waste Management or voluntarily implemented by those remediating or responsible for remediating the site).
A Notice of Likely or Active Migration is not required on the basis of historical analytical data where site investigations or independent remediation were completed in the past and are not ongoing.