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. - 2 - 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. - 3 - 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. * * * * *