POLICY REPORT
ENVIRONMENT
Date: September 10, 1996
Dept. File No. EPB015.REP
TO: Vancouver City Council
FROM: Deputy City Engineer - Co-ordinator, Major Projects
SUBJECT: George Wainborn Park, Soil Contamination
RECOMMENDATION
THAT Council advise the Minister of Environment that the City will
accept the risk management approach to soil remediation on George
Wainborn Park. However, the City will not take dedication of
George Wainborn Park due to the contaminated soil, some of which is
at Special Waste level. Instead, the City will enter into a
long-term lease of George Wainborn Park with the Province of B.C.,
including agreements satisfactory to the Director of Legal Services
and the City Manager.
CITY MANAGER'S COMMENTS
The City Manager and the General Manager of Parks and Recreation,
in consultation with the Director of Legal Services, recommends
approval of the recommendation.
COUNCIL POLICY
When Council dealt with the Quayside Neighbourhood and remaining Parcels
(including Parcel 1 which contains George Wainborn Park), it received
for information the remedial plans which were supported by the technical
advisory groups, Ministry of Environment staff and City staff. Council
also advised the Ministry of Environment that it would enter into a
lease of Quayside Park with the Province of B.C. because of the
contaminated soil being left in place. Council previously approved a
lease for Andy Livingstone Park (Parcel 9) due to the nature and degree
of contamination left in place.
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PURPOSE
This report seeks Council approval for entering into a lease agreement
for George Wainborn Park from the Province of B.C.
BACKGROUND
The remedial plan for George Wainborn Park was described in the Council
report titled, "North Side False Creek - Quayside Neighbourhood and
Remaining Parcels" dated April 13, 1993, which is on file with City
Clerk's Office.
The remedial plan is a risk assessment/risk management approach which
ensures that there will not be any adverse effects on human health or
the environment.
A prior-to condition of the rezoning for Parcel 1 indicated that the
Park would be delivered at no cost to the City either by conveyance of
dedication or long-term lease.
DISCUSSION
George Wainborn Park is situated in Parcel 1 of the Pacific Place Site
(See Appendix A - Site Plan). The remedial plan estimates that
approximately 150 cubic metres of special waste soil containing arsenic
and oil and grease exist in a small area shown on the site plan as AEC
12. The waste is approximately 2 to 5 metres below the existing
surface. The Pacific Place Remediation Project Manager estimates the
cost of removal, including disposal, could be between $250,000 to
$500,000.
Contamination above the Park-use criteria (level B) but less than
special waste also exists on site; approximately 3850 cubic metres of
soil between levels B and C contaminated with metals and organics and
approximately 2300 cubic metres of level C to Special Waste of metals
and organics (See Appendix B), will be left in place under the risk
management plan.
As was the case for Andy Livingstone and Quayside Parks, remediation by
risk assessment/management ensures that the contamination which will
remain does not create a health or an environmental hazard.
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B.C. Environment does put requirements on sites which are risk-managed,
such as, registration of the Special Waste as an approved in-situ
management facility; registration of the site on the Contaminated Sites
Registry (once Bill 26 is enacted); indemnification of the Crown and her
employees, agents, etc., for losses, damage suits related to
contaminants remaining on site; a restrictive covenant registered
against the title of the property describing the nature, location and
remedial action taken regarding the contamination; on-going maintenance
of the risk management measures; prior approval of the Ministry where
construction, excavation or any other disturbances of the contaminants
will occur; and possible financial guarantees where a risk of
abandonment or of non-performance of the operator exists.
If the City takes dedication of the Park, some but not all of the above
provisions would be required; however, if the City leased the Park from
the Province, the above obligations and liabilities would clearly rest
with the Province and would be covered in a lease agreement similar to
that for Andy Livingstone and Quayside Parks.
CONCLUSIONS
This report recommends the City enter into a lease agreement with the
Province of B.C. for George Wainborn Park because of the contaminants
which will be left in place under the risk management
remedial plan. This recommendation is consistent with the agreements
already in place for Andy Livingstone and Quayside Parks within the
Pacific Place site.
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