Phase I Environmental Site Assessment
Transcription
Phase I Environmental Site Assessment
PHASE I ENVIRONMENTAL SITE ASSESSMENT APPLEBY MALL 5111 NEW STREET AND 499 & 505 APPLEBY LINE BURLINGTON, ONTARIO CONFIDENTIAL PHASE I ENVIRONMENTAL SITE ASSESSMENT APPLEBY MALL 5111 NEW STREET AND 499 & 505 APPLEBY LINE BURLINGTON, ONTARIO Prepared for: FIRST CAPITAL (APPLEBY) CORPORATION 85 Hanna Avenue, Suite 400 Toronto, Ontario M6K 3S3 Prepared by: WATTERS ENVIRONMENTAL GROUP INC. 1700 Langstaff Road, Suite 1003 Concord, Ontario L4K 3S3 March 31, 2008 Reference No. 07-0072 CONFIDENTIAL PHASE I ENVIRONMENTAL SITE ASSESSMENT APPLEBY MALL 5111 NEW STREET AND 499 & 505 APPLEBY LINE BURLINGTON, ONTARIO Prepared by: Hali Zigomanis Site Assessment Specialist Reviewed by: Kevin French, P.Eng., QPESA, Vice President Project Manager & Project Director March 31, 2008 Reference No. 07-0072 Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario Page i EXECUTIVE SUMMARY Watters Environmental Group Inc. (Watters Environmental) was retained by First Capital (Appleby) Corporation (First Capital) to conduct a Phase I Environmental Site Assessment (Phase I ESA) of a commercial property occupied by a commercial plaza (i.e., the Appleby Mall) located at 5111 New Street, a retail store (i.e., The Beer Store) located at 499 Appleby Line and a vacant parcel of land located at 505 Appleby Line, in Burlington, Ontario (hereafter collectively referred to as the “Site”). Watters Environmental understands that the Site is currently owned by First Capital and managed by FCB Property Management Services (FCB). Watters Environmental also understands that First Capital is seeking a Record of Site Condition (RSC) for the Site as per Ontario Regulation 153/04 (i.e., Records of Site Condition – Part XV.1 of the Act, made under the Ontario Environmental Protection Act, R.S.O. 1990) (hereafter referred to as the “RSC Regulation”), as amended by Ontario Regulations 366/05 and 444/06. As such, the purpose of Watters Environmental’s Phase I ESA was to provide First Capital with an evaluation of known and/or potential environmental issues at the Site resulting from current and/or historic activities conducted at the Site and/or adjacent properties in accordance with the requirements of the RSC Regulation. The Phase I ESA involved a review of previous environmental reports available for the Site, a review of historical information related to the Site and surrounding land use activities, a review of regulatory information in publicly-available databases related to the Site and surrounding land use activities, a walk-through Site reconnaissance, observations of activities on properties within 200 metres from the Site, interviews with available persons knowledgeable about past and present activities at the Site, and preparation of this written report summarizing Watters Environmental’s findings and recommendations. Watters Environmental Group Inc. Reference No. 07-0072 CONFIDENTIAL March 31, 2008 Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario Page ii Based on the Phase I ESA completed for the Site by Watters Environmental, it is Watters Environmental’s opinion that there are no significant environmental concerns with respect to the current environmental condition of soil or groundwater at the Site. Watters Environmental notes that, although the northwestern portion of the Site was formerly occupied by a gasoline service station and automotive repair facility, this area of the Site was previously investigated and remediated by others and no residual issues were identified. Regardless, Watters Environmental notes that since this Phase I ESA was completed in preparation for filing an RSC for the Site, a baseline Phase II ESA will be required, despite the fact that the Site has previously been remediated by others. As such, Watters Environmental recommends that a supplemental soil and groundwater investigation be completed in the northwestern portion of the Site to satisfy the mandatory requirements of the RSC Regulation. In addition, to address potential operational/management issues, Watters Environmental recommends the following: Consideration should be given to providing adequate secondary containment for all bulk chemical storage areas (i.e., not including consumer products). Prior to undertaking any significant renovation and/or demolition activities in relation to the Site Buildings, that the areas planned for renovation and/or demolition should be evaluated for the presence of asbestos-containing materials, polychlorinated biphenyl-containing equipment (such as in fluorescent light ballasts and liquid-filled electrical transformers) and paints containing arsenic, lead and/or mercury. If any are found to be present, appropriate management plans should be prepared implemented to ensure that these materials are handled and disposed of in accordance with applicable regulations. Once the source of the water damage in Site Building B has been repaired, any associated areas that are confirmed or suspected to be impacted by mould should be appropriately remediated in accordance with applicable regulations and industry standards. Watters Environmental Group Inc. Reference No. 07-0072 CONFIDENTIAL March 31, 2008 Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario Page iii ENVIRONMENTAL ISSUE SUMMARY TABLE Client First Capital (Appleby) Corporation Site Location Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario Site Use Multi-Tenant Commercial Buildings Purpose of Phase I ESA To identify actual or potential environmental issues at the Site in support of a Record of Site Condition (RSC). Issues Ranking Components of Phase I ESA Low Mod High Potential Environmental Issues Recommended Action at this time Historical Records Review - On-Site X Previous environmental assessment and remediation activities completed at the Site pre-dated the enactment of the RSC Regulation. As such, the analytical results for PHC parameters in the soil and groundwater samples collected from the Site during these activities were not compared to the currently applicable generic assessment standards. Complete a supplemental soil and groundwater quality investigation in the northwest portion of the Site to confirm the findings of the previous environmental assessment and remediation activities and satisfy the requirements of the RSC Regulation. - Surrounding Land Use X None identified None Environmental Database Review X The northwest portion of the Site was listed as previously being occupied by a private retail gasoline station; however, this area of the Site was previously assessed and remediated (see above). Complete a supplemental soil and groundwater quality investigation in the northwest portion of the Site to confirm the findings of the previous environmental assessment and remediation activities and satisfy the requirements of the RSC Regulation. Watters Environmental Group Inc. Reference No. 07-0072 CONFIDENTIAL March 31, 2008 Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario Page iv ENVIRONMENTAL ISSUE SUMMARY TABLE (Continued) Issues Ranking Components of Phase I ESA Low Mod High Potential Environmental Issues Recommended Action at this time Operations-Related Environmental Issues Aboveground and Underground Storage Tanks (ASTs and USTs) - ASTs X None identified None - USTs X None identified None Chemical Storage & Handling X Small quantities of various paints, janitorial products and consumer products are stored throughout Site Building B with no secondary containment. Solid (Non-Hazardous) Waste & Liquid Waste X None identified None Registerable/Hazardous Waste X None identified None Spills, Releases & Emergency Response X None identified None Air Emissions X None identified None - Water Supply X None identified None - Wastewater X None identified None - Storm Water X None identified None Workplace Hazardous Material Information System X None identified None Pits, Sumps and Lagoons X None identified None Radioactive Materials X None identified None Dry Cleaning Operations X None identified None Consideration should be given to providing adequate secondary containment for all bulk chemical storage areas (i.e., not including consumer products). Water & Wastewater/Storm Water Watters Environmental Group Inc. Reference No. 07-0072 CONFIDENTIAL March 31, 2008 Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario Page v ENVIRONMENTAL ISSUE SUMMARY TABLE (Continued) Issues Ranking Components of Phase I ESA Low Retail Fuelling Operations Mod X High Potential Environmental Issues Recommended Action at this time The northwest portion of the Site was listed as previously being occupied by a private retail gasoline station; however, this area of the Site was previously assessed and remediated (see above). Complete a supplemental soil and groundwater quality investigation in the northwest portion of the Site to confirm the findings of the previous environmental assessment and remediation activities and satisfy the requirements of the RSC Regulation. Possible friable and non-friable asbestos-containing materials (ACMs) are present at the Site, based on the dates of construction of the Site Buildings (i.e., early 1970s). Sample and test for ACMs if future significant renovations or demolition activities are planned at the Site. Property-Related Environmental Issues Asbestos X Polychlorinated BiphenylContaining Equipment X Possible PCB-containing electrical equipment is present at the Site, based on the dates of construction of the Site Buildings (i.e., early 1970s). Inspect for the presence of PCB-containing electrical equipment if future significant renovations and/or demolition activities are planned at the Site. Lead in Paints X Painted surfaces within the Site Buildings may be considered lead-based. Sample and test for lead-based paints if future significant renovations and/or demolition activities are planned at the Site. Urea Formaldehyde Foam Insulation X None identified None Ozone-Depleting Substances X None identified None Watters Environmental Group Inc. Reference No. 07-0072 CONFIDENTIAL March 31, 2008 Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario Page vi ENVIRONMENTAL ISSUE SUMMARY TABLE (Continued) Issues Ranking Components of Phase I ESA Potential Environmental Issues Recommended Action at this time X Painted surfaces within the Site Buildings may contain arsenic and/or mercury. Sample and test for arsenic and mercury in paints if future significant renovations and/or demolition activities are planned at the Site. X Fluorescent light tubes within the Site Buildings likely contain mercury. Fluorescent light tubes should be collected and managed in accordance with applicable regulations if future significant renovations and/or demolition activities are planned at the Site. Low Other Designated Substances Mod High Unidentified Substances X None identified None Radon X None identified None Methane X None identified None Pesticides/Herbicides X None identified None Soil Fill X None identified None Housekeeping X None identified None Mould X Unusual Odours X None identified None Noise and Vibration X None identified None Electric and Magnetic Fields X None identified None Gas and Oil Wells X None identified None Wetlands X None identified None Watters Environmental Group Inc. Reference No. 07-0072 Possible mould growth was observed on ceiling tiles within Site Building B. Once the source of the water damage has been repaired, any associated areas that are confirmed or suspected to be impacted by mould should be appropriately remediated in accordance with applicable regulations and industry standards. CONFIDENTIAL March 31, 2008 Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario Page vii ENVIRONMENTAL ISSUE SUMMARY TABLE (Continued) Issues Ranking Components of Phase I ESA Low Nearby/Adjacent Properties Mod X Overall Assessment of Environmental Issues Watters Environmental Group Inc. Reference No. 07-0072 High Potential Environmental Issues Recommended Action at this time None identified None LOW to MODERATE CONFIDENTIAL March 31, 2008 Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario Page viii TABLE OF CONTENTS SECTION PAGE EXECUTIVE SUMMARY.............................................................................................................. i ENVIRONMENTAL ISSUE SUMMARY TABLE....................................................................... ii 1.0 INTRODUCTION................................................................................................................1 2.0 BACKGROUND INFORMATION.....................................................................................4 2.1 SITE LOCATION AND USE ..................................................................................4 2.2 SITE DESCRIPTION ..............................................................................................4 2.3 UTILITIES AND MECHANICAL SYSTEMS .......................................................6 2.4 PHYSICAL SETTING.............................................................................................6 2.5 PREVIOUS ENVIRONMENTAL REPORTS ........................................................7 3.0 HISTORICAL RECORDS REVIEW ................................................................................10 4.0 ENVIRONMENTAL DATABASE REVIEW ..................................................................17 5.0 ON-SITE ENVIRONMENTAL ASSESSMENT FINDINGS ...........................................21 5.1 OPERATIONS-RELATED ENVIRONMENTAL ISSUES..................................21 5.1.1 5.1.2 5.1.3 5.1.4 5.1.5 5.1.6 5.1.7 5.1.8 5.1.9 5.1.10 5.1.11 5.1.12 Aboveground and Underground Storage Tanks ......................................21 Chemical Storage and Handling ..............................................................22 Solid (Non-Hazardous) and Liquid Waste ..............................................22 Registerable/Hazardous Waste ................................................................23 Spills, Releases and Emergency Response ..............................................24 Air Emissions ..........................................................................................24 Water, Wastewater and Storm Water ......................................................25 Workplace Hazardous Material Information System ..............................25 Pits, Sumps and Lagoons .........................................................................26 Radioactive Materials ..............................................................................26 Dry Cleaning Operations .........................................................................27 Retail Fuelling Operations .......................................................................27 Watters Environmental Group Inc. Reference No. 07-0072 CONFIDENTIAL March 31, 2008 Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario Page ix TABLE OF CONTENTS (Continued) SECTION PAGE 5.2 PROPERTY-RELATED ENVIRONMENTAL ISSUES ......................................27 5.2.1 5.2.2 5.2.3 5.2.4 5.2.5 5.2.6 5.2.7 5.2.8 5.2.9 5.2.10 5.2.11 5.2.12 5.2.13 5.2.14 5.2.15 5.2.16 5.2.17 5.2.18 5.3 Asbestos ...................................................................................................27 Polychlorinated Biphenyl-Containing Equipment ...................................28 Lead in Paints ..........................................................................................28 Urea Formaldehyde Foam Insulation ......................................................29 Ozone-Depleting Substances ...................................................................29 Other Designated Substances ..................................................................29 Unidentified Substances ..........................................................................30 Radon .......................................................................................................30 Methane ...................................................................................................30 Pesticides and Herbicides ........................................................................30 Soil Fill ....................................................................................................31 Housekeeping ..........................................................................................31 Mould ......................................................................................................31 Unusual Odours .......................................................................................31 Noise and Vibration .................................................................................31 Electric and Magnetic Fields ...................................................................32 Gas and Oil Wells ....................................................................................32 Wetlands ..................................................................................................32 REVIEW OF NEARBY/ADJACENT PROPERTIES ..........................................32 6.0 CONCLUSIONS AND RECOMMENDATIONS ............................................................34 7.0 QUALIFICATIONS AND LIMITATIONS.......................................................................35 Watters Environmental Group Inc. Reference No. 07-0072 CONFIDENTIAL March 31, 2008 Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario Page x TABLE OF CONTENTS (Continued) LIST OF FIGURES Figure 1: Site Location Map Figure 2: Aerial View of the Site Figure 3: Surrounding Land Use Map Figure 4: Site Layout LIST OF APPENDICES Appendix A: Previous Environmental Reports Completed for the Site Appendix B: EcoLog Environmental Risk Information Services Ltd. (EcoLog ERIS) Report Appendix C: Environmental Regulatory Overview Appendix D: Qualifications of Watters Environmental and Key Personnel Involved with this Phase I ESA Watters Environmental Group Inc. Reference No. 07-0072 CONFIDENTIAL March 31, 2008 Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario 1.0 Page 1 INTRODUCTION Watters Environmental Group Inc. (Watters Environmental) was retained by First Capital (Appleby) Corporation (First Capital) to conduct a Phase I Environmental Site Assessment (Phase I ESA) of a commercial property occupied by a commercial plaza (i.e., the Appleby Mall) located at 5111 New Street, a retail store (i.e., The Beer Store) located at 499 Appleby Line and a vacant parcel of land located at 505 Appleby Line, in Burlington, Ontario (Figures 1 and 2, Photographs 1 through 3) (hereafter collectively referred to as the “Site”). Watters Environmental understands that the Site is currently owned by First Capital and managed by FCB Property Management Services (FCB). A more detailed description of the Site is provided in Section 2.0. Watters Environmental also understands that First Capital is seeking a Record of Site Condition (RSC) for the Site as per Ontario Regulation 153/04 (i.e., Records of Site Condition – Part XV.1 of the Act, made under the Ontario Environmental Protection Act, R.S.O. 1990) (hereafter referred to as the “RSC Regulation”), as amended by Ontario Regulations 366/05 and 444/06. As such, the purpose of Watters Environmental’s Phase I ESA was to provide First Capital with an evaluation of known and/or potential environmental issues at the Site resulting from current and/or historic activities conducted at the Site and/or adjacent properties in accordance with the requirements of the RSC Regulation. Watters Environmental’s Phase I ESA involved the following: A review of available previous environmental reports prepared for the Site; A historical review of the Site and surrounding lands; A review of available regulatory databases pertaining to the Site and surrounding area; A walk-through reconnaissance of the Site; Observations of activities on properties within 200 metre from the Site; Interviews with available persons knowledgeable about past and present activities at the Site; and Watters Environmental Group Inc. Reference No. 07-0072 CONFIDENTIAL March 31, 2008 Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario Page 2 Preparation of a written report summarizing Watters Environmental’s findings and recommendations. The scope of work for the Phase I ESA did not include: Conducting a Chain-of-Title review as sufficient information was available from other sources; Conducting any intrusive investigations (including testing or monitoring), or preparing detailed cost estimates associated with addressing any environmental issues identified during the Phase I ESA; Preparing a scaled Site layout drawing since a scaled survey plan was available for the Site; An assessment of biological features or related aspects of the natural environment; or An assessment of permits or licenses that may be required for re-development of the Site or expansion of the existing buildings at the Site. Watters Environmental conducted this work according to its standard Phase I ESA procedures, which reflect the requirements of the following document: “Phase I Environmental Site Assessment”, Canadian Standards Association (CSA) standard CSA Z768-01, dated November 2001. Watters Environmental’s findings from a review of available historical documentation regarding the historical uses of the Site and surrounding area are provided in Section 3.0. Watters Environmental’s findings from a review of information provided in available regulatory databases are presented in Section 4.0. Watters Environmental Group Inc. Reference No. 07-0072 CONFIDENTIAL March 31, 2008 Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario Page 3 Ms. Hali Zigomanis, of Watters Environmental visited the Site on March 10, 2008, to conduct a walk-through reconnaissance of the Site, evaluate potential on-Site issues, and identify whether any surrounding land uses could impact the environmental condition of the Site. During the Site reconnaissance, Watters Environmental interviewed Mr. Sam Raitsinis (Property Administrator for FCB). Mr. Raitsinis is hereafter referred to in this report as the “Site representative”. The Site representative accompanied Watters Environmental during the Site reconnaissance. It should be noted that access to the roofs of the buildings at the Site was not available at the time of the Site reconnaissance, which precluded a detailed visual inspection of this areas; however, this is not considered to be a significant omission for the purposes of this Phase I ESA. Findings of the Site reconnaissance appear in Section 5.0. Conclusions and recommendations of the Phase I ESA are provided in Section 6.0. The qualifications and limitations of the Phase I ESA are provided in Section 7.0. Figures and photographs, illustrating the Site characteristics and environmental issues discussed in the report, are provided in the respective figure and photograph sections of the report. Appendix A contains previous environmental reports provided for the Site. Appendix B contains a report from EcoLog Environmental Risk Information Services Ltd. (EcoLog ERIS), which summarizes the findings of an environmental database review for the Site and surrounding areas. Appendix C contains an overview of major selected regulatory requirements for Site operations. Appendix D contains the qualifications of Watters Environmental and key personnel involved with this Phase I ESA. Watters Environmental Group Inc. Reference No. 07-0072 CONFIDENTIAL March 31, 2008 Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario 2.0 BACKGROUND INFORMATION 2.1 SITE LOCATION AND USE Page 4 For the purposes of this report the portion of New Street that is located adjacent to the Site is inferred to run in an east to west direction, although it is actually oriented in a northeast to southwest direction. The Site encompasses the area located north of New Street, east of Appleby Line, south of Pinedale Avenue and west of Timber Lane, in an area of mixed residential and commercial land uses (Figure 3). The current municipal addresses for the Site are: 5111 New Street, Burlington, Ontario L7L 1V2 and 499 & 505 Appleby Line, Burlington, Ontario L7L 2Y1. The Site is legally described as PT LT 5, CON 2 NEL SDS, PTS 3 & 4, 20R15307; BURLINGTON. 'S/T 213616' (PARTIALLY RELEASED BY HR213454) and PART BLK A, PL1367 PTS 1 & 2, 20R15307; BURLINGTON. S/T 213616. (PARTIALLY RELEASED BY HR213454). The Site is currently owned by First Capital, and is occupied by the Appleby Mall for use as a multi-tenant commercial plaza and The Beer Store for use as a retail store. Operations at the Site include retail sales, health and fitness, financial and food preparation, as well as associated storage areas, staff rooms, washroom facilities and mechanical rooms. 2.2 SITE DESCRIPTION The Site is generally a rectangular-shaped property, approximately 7 hectares (17.3 acres) in area. The Site contains two buildings (Photographs 1 and 2), as follows: A small, single storey building, situated on the northwest portion of the Site which is currently occupied by The Beer Store (i.e., a retail store) (“Site Building A”); and Watters Environmental Group Inc. Reference No. 07-0072 CONFIDENTIAL March 31, 2008 Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario Page 5 A large, single storey retail plaza building, situated on the southern portion of the Site which is currently occupied by multiple retail tenants including Home Hardware; Appleby Book Ranch; Anytime Convenience; Akber Optical Inc.; Nura Fashions; Ideal Kitchen Cabinets & Granite; Pet Value; Contempora Jewellers; Dollarama; Inkjet Depot; Lawesh Fashions; Benjamin Moore Paint; Le Bijou; LCBO and Fortino’s; an exercise gymnasium (i.e., Fitness One); a dry cleaning drop-off counter (i.e., Star Cleaners); restaurants including Gino’s Pizza; Sizzlin Grill and Supreme Family Restaurant; beauty salons including Casual Images; Vero Salon and Bebe Nails; a dental clinic (i.e., Appleby Mall Family Dentists); financial institutions including Bank of Montreal and H&R Block; one vacant unit; office space, storage rooms, washroom facilities and an electrical room (“Site Building B”). Hereafter, Site Building A and Site Building B are also collectively referred to as the “Site Buildings”. Site Building A has a footprint and a total area of approximately 540 square metres. Site Building B has a footprint and a total area of approximately 18,000 square metres. Collectively, the Site Buildings cover approximately 26% of the total Site area. The Site Buildings are both of slab-on-grade construction (i.e., no basement or underground structures), constructed of concrete block walls on a poured concrete foundation, with flat, built-up asphalt roofs. The ceilings within the Site Buildings consist of either exposed metal trusses or lay-in ceiling tiles. The Site Buildings have decorative concrete façades. The flooring in the Site Buildings is a combination of carpet, vinyl tiles, ceramic tiles and finished concrete. Lighting throughout the Site Buildings is mainly provided by fluorescent and incandescent lights. The interior walls within the Site Buildings are finished with painted or papered surfaces or are unfinished. Watters Environmental understands that Site Buildings were originally constructed in the early 1970s. In addition, the Site representative advised Watters Environmental that many interior renovations including repainting, removing floor tiles, reconfiguring interior walls, etc. have taken place within Site Building B since its initial construction. Watters Environmental Group Inc. Reference No. 07-0072 CONFIDENTIAL March 31, 2008 Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario Page 6 Watters Environmental observed that much of the exterior portions of the Site were asphalt-paved, with minimal landscaped areas on the perimeter of the Site. The Site is provided with fencing along a portion of the eastern perimeter. The general layout of the Site is presented as Figure 4. 2.3 UTILITIES AND MECHANICAL SYSTEMS Water for the Site is obtained from the City of Burlington’s municipal water supply. Sanitary wastewater from the Site is discharged to the municipal sanitary sewer system. Stormwater from the roofs of the Site Buildings is discharged to the municipal storm sewer system via internal piping within the structures of the Site Buildings. Overland stormwater from the asphalt-paved parking areas is conveyed to the municipal storm sewer system via on-Site catch basins located throughout the Site. Electrical service is supplied to the Site by Burlington Hydro Inc., via one utility-owned, pad-mounted transformer located on the eastern portion of Site Building A and two utility-owned, pad-mounted transformers located in a locked transformer room on the north central portion of the Site Building B. The tenant space occupied by Fortino’s within Site Building B also operates a natural gas-fired emergency generator (Photograph 4), located within the Generator Room on the mezzanine level of this tenant space. The Site Buildings are heated and cooled by a combination of roof-top, natural gas-fired, heating, ventilating and air-conditioning (HVAC) units and natural gas-fired suspended unit heaters. Domestic hot water for the Site Buildings is provided by several natural gas-fired hot water tanks located throughout the Site Buildings. 2.4 PHYSICAL SETTING The Site is located in an area of Burlington that is relatively flat, with an average ground elevation of approximately 90 metres above mean sea level. The ground surface in the vicinity of the Site slopes generally to the south. Surface water runoff from the Site is conveyed via overland flow to catch basins located in the asphalt-paved parking lot areas of the Site. Watters Environmental Group Inc. Reference No. 07-0072 CONFIDENTIAL March 31, 2008 Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario Page 7 Appleby Creek is located approximately 300 metres east of the Site and drains into Lake Ontario, which is located approximately 1.5 kilometres south of the Site. Based on published geological reports, and on Watters Environmental’s previous experience in this area of Burlington, groundwater is expected to be present at a depth of less than 6.0 metres below ground surface (mbgs). Based on the general topography of the Site and surrounding area, Watters Environmental anticipates that near surface groundwater generally flows to the south-southeast (i.e., relative to true north). Native geology in the vicinity of the Site (i.e., underlying any imported fill materials) is expected to be glaciolacustrine deposits of silt and clay with minor sand (Ontario Ministry of Northern Development and Mines Map 2556). These deposits are expected to have a low-to-moderate permeability with respect to groundwater flow and contaminant migration. Bedrock in the vicinity of the Site is expected to be shale, limestone, dolostone and siltstone of the Queenston Formation (Ontario Ministry of Northern Development and Mines Map 2544). 2.5 PREVIOUS ENVIRONMENTAL REPORTS The following previous environmental report relating to the Site was prepared by Watters Environmental for First Capital, and is included in Appendix A of this report: “Peer Review of Previous Environmental Reports and Limited Groundwater Sampling and Analysis Event, Appleby Mall, 5111 New Street, Burlington, Ontario”, dated May 2007 (the “Watters Environmental 2007 Peer Review Report”). In addition, the following previous environmental reports prepared for the Site were provided to Watters Environmental by First Capital for review, and are included in Appendix A of this report: “Environmental Site Assessment, Shell Canada Gasoline Retail Facility, 505 Appleby Line, Burlington, Ontario”, report prepared for Shell Canada Products Limited (Shell), prepared by Intera Information Technologies Corporation (Intera), dated May 11, 1995; “Shell Station Decommissioning Review, Appleby Mall, Burlington, Ontario”, prepared for Tipase Management/Leasing Limited (Tipase), prepared by Trow Consulting Engineers Ltd. (Trow), dated December 13, 1995; Watters Environmental Group Inc. Reference No. 07-0072 CONFIDENTIAL March 31, 2008 Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario Page 8 “Follow-up Intrusive Investigation, 505 Appleby Line, Burlington, Ontario”, report prepared for Tipase, prepared by Trow, dated October 28, 1996 (the “Trow 1996 Phase II ESA Report”); “Phase II Environmental Site Assessment, Former Appleby Shell Station, 505 Appleby Line, Burlington, Ontario”, report prepared for Atwater Developments Limited (Atwater), prepared by Trow, dated April 24, 1997; “Phase I Environmental Site Assessment, 5111 New Street, Burlington, Ontario”, report prepared for Strathallen Capital Corporation (Strathallen), prepared by Trow Associates Inc. (Trow), dated July 4, 2003 (the “Trow 2003 Phase I ESA Report”); and “Phase II Environmental Subsurface Investigation, 505 Appleby Line (at Pinedale Avenue), Burlington, Ontario”, report prepared for First Capital, prepared by Jacques Whitford Environment Limited (JWEL), dated April 6, 2004. Watters Environmental notes that the northwestern portion of the Site (i.e., situated at the southeastern corner of Appleby Line and Pinedale Avenue) was formerly occupied by a retail Shell gasoline station that had a municipally address of 505 Appleby Line. The Trow 1996 Phase II ESA Report makes reference to another report that was prepared for this portion of the Site by Intera entitled “Soil Excavation Program”, and dated January 30, 1996. This Intera report was not available to Watters Environmental for review, but was reviewed by Trow as part of its work and apparently describes the removal and remediation of the underground storage tanks (USTs) that were formerly present on the Shell portion of the Site. Other than those mentioned above, Watters Environmental is not aware of any other previous reports addressing environmental, geological or hydrogeological characteristics of the Site. Portions of the above-noted reports that were available for review have been referenced or included in this report as necessary. Watters Environmental Group Inc. Reference No. 07-0072 CONFIDENTIAL March 31, 2008 Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario Page 9 Based on a review of the Watters Environmental 2007 Peer Review Report, Watters Environmental provides the following observations and comments: Based on Watters Environmental’s previous review of the other above-noted previous environmental reports that were available for the Site, it was Watters Environmental’s opinion that there were no significant environmental concerns with respect to the current environmental condition of soil or groundwater at the Site. The former on-Site Shell gasoline station located in the northwestern portion of the Site was reportedly decommissioned by Intera in 1995. Three subsequent Phase II ESA programs completed by Trow and JWEL in that area of the Site, together with a limited groundwater sampling and analysis event completed in that area of the Site by Watters Environmental, did not identify any environmental soil or groundwater quality impacts relative to current or former Ontario Ministry of the Environment (MOE) generic assessment criteria or standards. As such, Watters Environmental did not consider that any addition environmental assessment or remediation activities were required in that area of the Site in that regard at that time. Regardless, Watters Environmental recommended that attempts should be made to obtain the Intera 1996 Soil Excavation Program report previously reviewed by Trow to confirm that the former fuel oil UST that was located to the northeast of the former Shell service station building was removed as part of their Site decommissioning activities in 1995. Watters Environmental also noted that the Trow 2003 Phase I ESA identified the suspected presence of asbestos-containing materials (ACMs), lead-based paint, polychlorinated biphenyls (PCBs) in the fluorescent light ballasts, and ozone-depleting substances (ODSs) in the refrigeration and HVAC units in the main Site building. As such, should future significant renovation or demolition activities be planned for the Site buildings, Watters Environmental recommended that detailed surveys for these and other designated materials should be completed such that appropriate management plans could be prepared and implemented. Lastly, Watters Environmental noted that if the groundwater monitoring wells previously installed by Trow and JWEL in the former Shell gasoline station portion of the Site were no longer necessary, consideration should be given to appropriately decommissioning them in accordance with applicable regulations. Watters Environmental Group Inc. Reference No. 07-0072 CONFIDENTIAL March 31, 2008 Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario 3.0 Page 10 HISTORICAL RECORDS REVIEW A historical review was conducted to assess the presence of potential environmental impacts originating from historical operations completed at the Site and/or surrounding lands. Watters Environmental completed the historical review by examining information from the following sources: Aerial photographs, available from the National Air Photo Library, in Ottawa, Ontario, for the years 1954, 1960, 1968, 1972, 1978, 1980 and 1992; A recent aerial photograph (i.e., approximately 2007) available from Google Earth (www.earth.google.com); Street directories, available at the Toronto Reference Library, in Toronto, Ontario, for the years 1967, 1971, 1980, 1981, 1986, 1995, 1999 and 2004; Information available from CGI Information Systems and Management Consultants Inc. (CGI), including Property Underwriters’ Reports for the Site for the years 1988, 1993 and 1996, a Property Underwriters’ Plan for the Site for the year 1972, a Property Underwriters’ Report for a property surrounding the Site for the year 1985, and a Fire Insurance Plan (FIP) for the Site and surrounding properties for the year 1971; Information available in previous environmental reports prepared for the Site (see Section 2.5); and Discussions with the Site representative. Watters Environmental Group Inc. Reference No. 07-0072 CONFIDENTIAL March 31, 2008 Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario Page 11 Site History According to the historic aerial photographs reviewed, the following information was noted with respect to the Site: Date of Photograph Scale of Photograph 1954 1:15,840 The Site appears to be vacant, undeveloped land (presumably used for agricultural purposes), with the exception of what appears to be a small structure in the southwest corner of the Site and a few sporadic trees. 1960 1:30,000 The Site appears to be similar to that observed in the 1954 aerial photograph. 1968 1:13,200 The Site appears to be similar to that observed in the 1960 aerial photograph. 1972 1:10,000 The Site appears to be similar to that of the present day, with the following exceptions. The eastern portion of Site Building B appears to have a different configuration from that of the present day and the northern portion of the Site appears to be vacant. Small buildings similar in size and orientation to the present day Site Building A and former gasoline service station are visible in the northwest portion of the Site. 1978 1:10,000 The Site appears to be similar to that observed in the 1972 aerial photograph. 1980 1:50,000 The Site appears to be similar to that observed in the 1978 aerial photograph. 1992 1:50,000 The Site appears to be similar to that observed in the 1980 aerial photograph, with one exception. The eastern portion of Site Building B has been expanded and now appears similar to that of the present day. Watters Environmental Group Inc. Reference No. 07-0072 Comments CONFIDENTIAL March 31, 2008 Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario Date of Photograph Scale of Photograph Approximately 2007 Variable Page 12 Comments The Site appears to be similar to that of the present day. One small building is visible in the northwest portion of the Site; however, the small structure believed to be the former retail gasoline service station located in the northwest portion of the Site is no longer present. The northeast portion of the Site has also been developed with a parking area. According to the historical street directories reviewed, the following information was noted with regards to the Site: From To Occupants 1980 1995 5111 New Street – Appleby Mall (multi-tenant retail/commercial shopping centre) including Star Cleaners 1986 1995 505 Appleby Line – Shell Service Station and Auto Repair Shop 1995 2004 5111 New Street – Appleby Mall (multi-tenant retail/commercial shopping centre) including Star Cleaners According to the Property Underwriters’ Reports and Plans and FIP reviewed, the following significant information was noted with respect to the Site: Previous tenants of Site Building B include food stores, a dental office, retail and department stores, a bank, a liquor store, a jewellery store, a dry cleaner depot (i.e., no on-the-premises dry cleaning) and several restaurants; The Property Underwriters’ Reports for the Site indicated that Site Building B was built in 1971 and that it was heated by natural gas; and No aboveground storage tanks (ASTs) or USTs were identified at the Site. Watters Environmental Group Inc. Reference No. 07-0072 CONFIDENTIAL March 31, 2008 Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario Page 13 Surrounding Land Use History According to the historic aerial photographs reviewed, the following was noted with respect to the properties surrounding the Site: Date of Photograph Scale of Photograph 1954 1:15,840 The properties surrounding the Site appear to be primarily vacant, undeveloped land (presumably used for agricultural purposes), with the following exceptions. There appears to be a few small structures, possibly residential homes, located south and west of the Site, and a small stream appears to be located southeast of the Site. Roadways similar to the present day Appleby Line and New Street appear to be present west and south of the Site, respectively. 1960 1:30,000 The properties surrounding the Site appear to be similar to those observed in the 1954 aerial photograph, with the following exceptions. A few properties northwest and southeast appear to have been developed with residential homes. 1968 1:13,200 The properties surrounding the Site appear to be similar to those observed in the 1960 aerial photograph, with the following exceptions. Roadways similar to the present day Pinedale Avenue and Timber Lane appear to be under development, and a small building appears to be present in the southwest corner of the intersection of the present day Appleby Line and New Street (presumed to be a former retail gasoline service station). 1972 1:10,000 The properties surrounding the Site appear to be similar to those observed in the 1968 aerial photograph, with the following exceptions. Several residential homes are apparent northwest of the Site, several buildings similar to those of the present day apartment buildings are apparent east of the Site, and a small building (presumed to be a former retail gasoline service station) is apparent west of the Site (i.e., northwest of the intersection of Appleby Line and New Street). Watters Environmental Group Inc. Reference No. 07-0072 Comments CONFIDENTIAL March 31, 2008 Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario Page 14 Date of Photograph Scale of Photograph 1978 1:25,000 The properties surrounding the Site appear to be similar to those observed in the 1972 aerial photograph, with the following exception. Several additional residential homes are apparent north of the Site. 1980 1:50,000 The properties surrounding the Site appear to be similar to those observed in the 1978 aerial photograph. 1992 1:50,000 The properties surrounding the Site appear to be similar to those observed in the 1980 aerial photograph, with the following exceptions. The property south of the Site (i.e., past New Street) is occupied by a building similar to the present day commercial building, and the properties west of the Site are occupied by commercial and residential buildings similar to the present day multi-tenant commercial and residential buildings. Furthermore, additional buildings similar to the present day multi-tenant residential buildings are apparent northeast of the Site. Approximately 2007 Variable The properties surrounding the Site appear to be similar to those observed in the 1992 aerial photograph, with the following exception. The small building in the southwest corner of the intersection of Appleby Line and New Street has been replaced with a larger building similar to the present day commercial building. Comments According to the historical street directories reviewed, the following significant information was noted with regards to major occupants surrounding the Site: From To 1967 1995 4524 New Street – Esso Service Station 1971 2004 5048 New Street – Medical/Dental Building and Pharmacy Watters Environmental Group Inc. Reference No. 07-0072 Occupants CONFIDENTIAL March 31, 2008 Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario Page 15 From To Occupants 1971 1971 4525 New Street – Sunoco Service Station 1981 2004 5000 New Street – Dry Cleaner (Embassy/Sketchley Cleaners) 1986 2004 450 Appleby Line – Dry Cleaner (Burlington/Roma Bella/Spotless Dry Cleaners) According to the Property Underwriters’ Reports and Plans and FIP reviewed, the following significant information was noted with respect to the properties surrounding the Site: The 1985 Property Underwriters’ Plan indicated that Unit 3 of 5000 New Street was occupied by a dry cleaners depot; Two automotive service centres were identified on the 1971 FIP in the northwest and southwest corners of the intersection of Appleby Line and New Street, respectively, and each with one associated UST; and No other ASTs or USTs were identified on any of the properties surrounding the Site. Summary Based on the historical review completed, it is Watters Environmental’s opinion that there are no potentially significant environmental contaminant issues present at the Site associated with historical on-Site or surrounding land use activities, other than those that have previously been identified, investigated and/or remediated at the Site (i.e., the former gasoline service station and automotive repair shop that was present in the northwest portion of the Site) (see Section 2.5). Watters Environmental Group Inc. Reference No. 07-0072 CONFIDENTIAL March 31, 2008 Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario Page 16 Watters Environmental notes that, although two USTs were identified southwest of the Site, based on their inferred downgradient location, Watters Environmental does not anticipate any significant environmental contaminant issues at the Site associated with the presence or former presence of these USTs. In addition, Watters Environmental notes that a dry cleaning depot has been present at the Site from at least 1980 to 2004, and that two additional dry cleaners were identified south and east of the Site (i.e., inferred downgradient from the Site). However, Watters Environmental understands that these dry cleaning facilities have been drop-off depots only (i.e., no on-the-premise dry cleaning). As such, Watters Environmental does not anticipate any significant environmental contaminant issues at the Site resulting from these dry cleaning operations. Watters Environmental Group Inc. Reference No. 07-0072 CONFIDENTIAL March 31, 2008 Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario 4.0 Page 17 ENVIRONMENTAL DATABASE REVIEW A regulatory database review was completed by EcoLog ERIS, an environmental database and information service company. The EcoLog ERIS report, including a detailed description of the databases, is presented in Appendix B. Site Regulatory Review According to the environmental databases reviewed, the following information was listed for the Site. Site Location Database Listing Opinion of Environmental Significance to the Site Pharma Plus Drugs Ltd. Ontario Regulation 347 Waste Generators 5111 New Street Summary (1986 to 2005) Listed as an approved generator of pharmaceuticals and pathological wastes, from 1992 to 2001. Fortino’s Supermarket Ltd. Ontario Regulation 347 Waste Generators Summary (1986 to 2005) Listed as an approved Low. Based on the type generator of of waste generated. photoprocessing wastes, from 1997 to 2001. Ontario Regulation 347 Waste Generators Summary (1986 to 2005) Listed as an approved Low. Based on the generator of heavy types of waste metals acid and alkaline generated. wastes and other inorganics, from 2000 to 2004. Ontario Regulation 347 Waste Generators Summary (1986 to 2005) Listed as an approved Low. Based on the type generator of of waste generated. photoprocessing wastes, from 1994 to 1998. 5111 New Street Appleby Home Hardware 5111 New Street Amber 1 Hour Photo 5111 New Street Watters Environmental Group Inc. Reference No. 07-0072 Low. Based on the types of waste generated. CONFIDENTIAL March 31, 2008 Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario Site Location Database Transport Truck 505 Appleby Line Brybern Shell B E Deore Page 18 Opinion of Environmental Significance to the Site Listing Occurrence Reporting Information System (1988 to 2002) Listed as having 20 litres of diesel fuel spilled to a catch basin in 1990, due to a container leak. Low. Based on the amount of fuel spilled. Private and Retail Fuel Storage Tanks (1989 to 1996) Listed as a retail gasoline station with a 25,200 litre fuel storage capacity. Low. Based on the results of the previous Phase II ESAs and remediation activities completed at the Site (see Section 2.5). 505 Appleby Line In addition to the information provided above, the Ecolog ERIS report identified other listings for the Site in the Certificates of Approval, Pesticide Register, Scott’s Manufacturing Directory and Water Well Information System databases. It is Watters Environmental’s opinion that none of these listings are likely to represent a potential environmental concern to the Site given the types of operations and/or listings. Surrounding Land Regulatory Review According to the environmental databases reviewed, the following information was listed for the properties within a 250-metre search radius of the Site: Property Name and Address Location Relative to the Site Shoppers Drug Mart Located approximately 50 metres southwest and inferred downgradient from the Site. 470 Appleby Line Watters Environmental Group Inc. Reference No. 07-0072 Database Listing Opinion of Environmental Significance to the Site Ontario Regulation 347 Waste Generators Summary (1986 to 2005) Listed as an approved generator of pharmaceuticals and pathological wastes, from 1997 to 2001. Low. Based on the types of waste generated and the inferred downgradient location from the Site. CONFIDENTIAL March 31, 2008 Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario Property Name and Address Location Relative to the Site Burlington Hydro-Elec. Commission 4511 New Street Private Owner Esso Station Appleby Line & New Street Bobs Esso Self Serve 4524 New Street Page 19 Opinion of Environmental Significance to the Site Database Listing Located approximately 95 metres west and inferred downgradient from the Site. Ontario Regulation 347 Waste Generators Summary (1986 to 2005) Listed as an approved generator of alkaline wastes and oil skimmings & sludges, from 1989 to 1990 and 1992 to 1998. Low. Based on the types of waste generated and the inferred downgradient location from the Site. Located approximately 50 metres southwest and inferred downgradient from the Site. Occurrence Reporting Information System (1988 to 2002) Listed as having 14 litres of gasoline spilled to ground surface in 1994, due to a hose leak. Low. Based on the amount of gasoline spilt and on the inferred downgradient location from the Site. Located approximately 50 metres southwest and inferred downgradient from the Site. Private and Retail Fuel Storage Tanks (1989 to 1996) Listed as a retail gasoline station with a 20,963 litre fuel storage capacity. Low. Based on the inferred downgradient location from the Site. In addition to the information provided above, the Ecolog ERIS report identified other listings for surrounding properties in the Certificates of Approval, ERIS Historical Searches, Occurrence Reporting Information System, Pesticide Register, Scott’s Manufacturing Directory and Water Well Information System databases. It is Watters Environmental’s opinion that none of these listings are likely to represent a potential environmental concern to the Site given their types of operations and/or distances and/or directions from the Site. Watters Environmental Group Inc. Reference No. 07-0072 CONFIDENTIAL March 31, 2008 Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario Page 20 Summary Based on a review of the environmental database information presented in the EcoLog ERIS report, it is Watters Environmental’s opinion that there are no potentially significant environmental issues present at the Site associated with historical on-Site or surrounding land use activities, other than those that have previously been identified, investigated and/or remediated at the Site (i.e., the former gasoline service station and automotive repair shop) (see Section 2.5). Watters Environmental Group Inc. Reference No. 07-0072 CONFIDENTIAL March 31, 2008 Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario Page 21 5.0 ON-SITE ENVIRONMENTAL ASSESSMENT FINDINGS 5.1 OPERATIONS-RELATED ENVIRONMENTAL ISSUES 5.1.1 Aboveground and Underground Storage Tanks ASTs The Site representative advised Watters Environmental that there are no ASTs currently present at the Site, and that none were present historically. Watters Environmental did not observe any ASTs at the Site during the Site reconnaissance. There was also no information available in the historical or regulatory reviews to suggest the former presence of any ASTs at the Site. USTs The Site representative advised Watters Environmental that there are currently no USTs at the Site. Watters Environmental did not observe any fill or vent pipes, depressions or asphalt cuts during the Site reconnaissance that would suggest the current presence of any USTs at the Site. As noted in Sections 2.0 and 3.0, the northwest portion of the Site formerly contained five 22,700-litre steel USTs containing gasoline, one 4,500-litre steel UST containing fuel oil, and one 2,300-litre steel UST containing waste oil associated with a former Shell gasoline station (see Figure 4). Based on the historically information provided, Watters Environmental understands that all of these USTs have been removed from the Site. In addition, as noted in Section 2.5, Watters Environmental notes that environmental investigation and/or remediation activities have previously been completed in the vicinity of all of these USTs. There was also no information available in the historical or regulatory reviews to suggest the former presence of any other USTs at the Site. Watters Environmental Group Inc. Reference No. 07-0072 CONFIDENTIAL March 31, 2008 Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario 5.1.2 Page 22 Chemical Storage and Handling Watters Environmental observed small quantities of maintenance materials (i.e., paint, caulking, oil, etc.), janitorial cleaning products, and multiple consumer quantities of retail materials (i.e., paints, varnishes, paint thinners, pool chemicals, various cleaners, glues, etc.) being stored throughout Site Building B. In addition, Watters Environmental observed the bulk storage of several containers of paint within the tenant space occupied by Benjamin Moore Paints, within Site Building B. Watters Environmental did not observe any additional bulk storage of liquid chemicals or petroleum products at the Site during the Site reconnaissance. Watters Environmental notes that, although the majority of these chemical storage areas had no secondary containment, Watters Environmental did not observe any significant staining on the floor surfaces, which were observed to be in good condition (i.e., no visible cracking or pitting), and no floor drains were observed nearby. Watters Environmental did not observe the storage of any additional liquid chemicals at the Site during the Site reconnaissance. Compressed Gas Storage Watters Environmental observed numerous compressed gas cylinders containing carbon dioxide and nitrogen associated with the restaurant Site tenants and used in soft drink dispensing. Watters Environmental did not observe the storage of any additional compressed gas at the Site during the Site reconnaissance. 5.1.3 Solid (Non-Hazardous) and Liquid Waste In general, the Site appeared to be well maintained. Watters Environmental did not observe deposits of solid waste (i.e., landfilling) at the Site during the Site reconnaissance. Watters Environmental Group Inc. Reference No. 07-0072 CONFIDENTIAL March 31, 2008 Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario Page 23 Based on discussions with the Site representative, and on observations made by Watters Environmental during the Site reconnaissance, Watters Environmental understands that the Site generates non-hazardous domestic-type solid waste from the office, retail, health and fitness and restaurant activities. Non-hazardous wastes generated at the Site (by each of the tenants) are stored outside in common compactors and bins on the northern portion of Site Building A, which are emptied and removed from the Site by a licensed waste hauler, on an as-needed basis. Non-hazardous wastes generated from operations at Fortino’s are stored in compactors on the eastern portion of Site Building B and are emptied and removed off-Site by a licensed waste hauler, on an as-needed basis. The on-Site restaurants also generate grease from fryers and other kitchen operations. The waste grease generated by the restaurant tenants at the Site is stored individually by these tenants within their tenant space. In addition, grease traps were observed to be servicing the Supreme Restaurant and Sizzlin Grill at the Site. The Site representative advised Watters Environmental that the waste grease and the grease traps are the responsibility of the individual tenants. The Site also generates recyclable materials such as cardboard, aluminum cans, plastic and glass. These materials are stored in several separate bins located adjacent to the northern portion of the Site Building B, which are emptied and removed off-Site by a licensed contractor on a regular basis. 5.1.4 Registerable/Hazardous Waste Based on observations made by Watters Environmental during the Site reconnaissance, discussions with the Site representative, and as noted in Section 4.0, Watters Environmental understands that some of the Site’s tenants are registered with the MOE as waste generators (i.e., numbers ON1553329, ON1826012 and ON2569300 and ON186429) for the generation of the following wastes: Acid Waste – Heavy Metals (Waste Class 112); Alkaline Wastes – Heavy Metals (Waste Class 121); Other Specified Organics (Waste Class 146); Photoprocessing wastes (Waste Class 264); Pharmaceutical wastes (Waste Class 261); and Watters Environmental Group Inc. Reference No. 07-0072 CONFIDENTIAL March 31, 2008 Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario Page 24 Pathological wastes (Waste Class 312). According to the Site representative, these wastes are stored within the individual tenant spaces and are picked up on a regular basis by licensed contractors which are individually retained by the Site tenants. Watters Environmental did not observe the storage of any hazardous wastes at the Site during the Site reconnaissance. 5.1.5 Spills, Releases and Emergency Response The Site representative advised Watters Environmental that no spills or releases have occurred at the Site. Watters Environmental did not observe evidence of spills, accidental releases or widespread staining on the ground surface, which would indicate the occurrence of major environmental events that may significantly impact the environmental quality of the subsurface at the Site. 5.1.6 Air Emissions Based on observations made by Watters Environmental during the Site reconnaissance, and on discussions with the Site representative, Watters Environmental understands that the following air emission sources are present at the Site that may discharge a contaminant into the atmosphere: Multiple roof-top natural gas-fired HVAC units; Several natural gas-fired hot water boilers (for domestic hot water); Several pieces of natural gas-fired cooking appliances; One natural gas-fired emergency generator; and One cooling tower associated with the chiller system for Fortino’s. Watters Environmental did not observe any air emission sources at the time of the Site reconnaissance that potentially could affect the environmental quality of the Site (i.e., building surfaces and/or surficial soils). Based on the nature of the above-described emission sources at the Site, Watters Environmental does not expect any significant environmental contamination issues regarding air emissions at the Site. Watters Environmental Group Inc. Reference No. 07-0072 CONFIDENTIAL March 31, 2008 Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario Page 25 The Site representative advised Watters Environmental that no complaints have been raised by neighbouring properties or regulatory agencies concerning noise, odours or air emissions at the Site. Watters Environmental did not observe any significant issues concerning noise, odours or air emissions at the Site at the time of the Site reconnaissance. 5.1.7 Water, Wastewater and Storm Water As noted in Section 2.3, water for the Site is obtained from the City of Burlington’s municipal service. As such, Watters Environmental does not anticipate any environmental issues regarding water intaking at the Site. The Site is serviced by municipal sewers and water, which are utilized for commercial and domestic-type purposes (i.e. kitchens, washrooms, etc.). Based on present activities conducted at the Site, Watters Environmental does not anticipate any significant issues regarding the quality of wastewater discharges at the Site. As noted in Section 2.3, stormwater from the roofs of the Site Buildings is discharged to the municipal storm sewer system via internal piping within the structures of the Site Buildings. Overland stormwater is conveyed to the municipal storm sewer system via on-Site catch basins. Watters Environmental did not observe outdoor waste storage, raw material piles or areas of chemical staining that could result in the impairment of stormwater run-off from the Site. Watters Environmental does not anticipate that stormwater quality leaving the Site represents a significant environmental issue. 5.1.8 Workplace Hazardous Material Information System A Workplace Hazardous Material Information System was not observed by Watters Environmental at the time of the Site reconnaissance. According to the Site representative, individual tenants are responsible for their own training and maintaining of material safety data sheets (MSDSs) for chemicals used in their units/buildings. Watters Environmental Group Inc. Reference No. 07-0072 CONFIDENTIAL March 31, 2008 Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario 5.1.9 Page 26 Pits, Sumps and Lagoons Pits and Sumps Watters Environmental did not observe any pits or sumps at the Site during the Site reconnaissance. The Site representative advised Watters Environmental that there are currently no pits or sumps at the Site, and that none were present historically. There was also no information from the historical review completed to indicate the former presence of any pits or sumps at the Site. Lagoons The Site representative advised Watters Environmental that there are currently no lagoons or other impoundments at the Site, and that none were present historically. Watters Environmental did not observe any lagoons or impoundments during the Site reconnaissance. There was also no information from the historical review completed to indicate the former presence of lagoons or impoundments at the Site. 5.1.10 Radioactive Materials Based on observations made by Watters Environmental during the Site reconnaissance, and on discussions with the Site representative, Watters Environmental understands that an x-ray machine is located in the dentist office within Site Building B which contains a radioactive source. The Site representative advised Watters Environmental that the x-ray machine is appropriately licensed by the Canadian Nuclear Safety Commission, but this could not be confirmed by Watters Environmental at the time of the Site reconnaissance. Watters Environmental did not observe any additional radioactive materials or equipment at the Site at the time of the Site reconnaissance. Watters Environmental Group Inc. Reference No. 07-0072 CONFIDENTIAL March 31, 2008 Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario 5.1.11 Page 27 Dry Cleaning Operations Based on observations made by Watters Environmental during the Site reconnaissance, and on discussions with the Site representative, Watters Environmental understands that there are currently no dry cleaning operations with on-the-premise dry cleaning operations at the Site. Watters Environmental notes that a dry cleaning depot is located within Site Building B; however, Watters Environmental did not observe any on-the-premise dry cleaning operations at this location during the Site reconnaissance. There was also no evidence from the historical records review or regulatory database search to suggest that historical on-the-premise dry cleaning operations were present at the Site. 5.1.12 Retail Fuelling Operations The Site representative advised Watters Environmental that there currently are no retail fuelling operations at the Site. Watters Environmental did not observe any on-the-premise retail fuelling operations at the Site during the Site reconnaissance. As noted in Sections 2.0 and 3.0, a historical retail fuelling operation was present on the northwest portion of the Site (i.e., Shell). Based on the historically information provided, Watters Environmental understands that this operation was appropriately decommissioned. In addition, as noted in Section 2.5, Watters Environmental notes that environmental investigation and/or remediation activities have been completed in the vicinity of this former retail fuelling operation. 5.2 PROPERTY-RELATED ENVIRONMENTAL ISSUES 5.2.1 Asbestos Watters Environmental is not aware if a formal asbestos survey has been conducted at the Site. Based on the ages of the Site Buildings (i.e., early 1970s), Watters Environmental anticipates that friable asbestos-containing materials (ACMs) may be present within the Site Buildings, since the use of friable ACMs was not discontinued until the early 1980s. Watters Environmental observed potential friable ACMs within the Site Buildings in the form of decorative stucco on the walls and ceiling within Site Building B (Photograph 5) and sprayed-on fire-proofing on the ceiling of Site Building A (i.e., the tenant space occupied by The Beer Store) (Photograph 6). Where observed, these potential friable ACMs appeared to be in good condition. Watters Environmental Group Inc. Reference No. 07-0072 CONFIDENTIAL March 31, 2008 Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario Page 28 Potential non-friable ACMs were also observed at the Site, which include floor and ceiling tiles. Where observed, these potential non-friable ACMs appeared to be in good condition. Other potential non-friable ACMs at the Site may include gaskets, roofing felts and drywall joint compounds. 5.2.2 Polychlorinated Biphenyl-Containing Equipment As noted in Section 2.3, electrical service is supplied to the Site by Burlington Hydro Inc., via one utility-owned, pad-mounted transformer located on the eastern portion of Site Building A and two utility-owned, pad-mounted transformers located in a locked transformer room on the north central portion of the Site Building B. Watters Environmental also observed the presence of fluorescent light fixtures throughout the Site Buildings. Based on the ages of the Site Buildings (i.e., early 1970s), the fluorescent light ballasts and transformers at the Site may contain polychlorinated biphenyls (PCBs), since the use of PCBs in electrical equipment was not discontinued until approximately 1980. PCBs in the fluorescent light ballasts and transformers may become an issue if they are leaking or if they are taken out of service. Watters Environmental did not observe any leaking fluorescent light ballasts or transformers at the Site during the Site reconnaissance. As mentioned in Section 4.0, the National PCB Inventory did not list the Site as a registered PCB waste storage site. 5.2.3 Lead in Paints Some of the interior walls of the Site Buildings contained painted surfaces. Lead-based paints were historically considered to be paints containing 0.5% (5,000 ppm) lead. The use of lead-based paints was discontinued by the late 1970s, based on this historical definition of lead-based paints. However, on April 19, 2005, the Surface Coating Materials Regulation, under the Hazardous Products Act, was enacted and the Hazardous Products (Liquid Coating Materials) Regulations were repealed. This new regulation now considers paint with a lead content greater than 0.06% (600 ppm) to be lead-based, which is much lower than the historical definition. As such, the paints in the Site Buildings should be considered to be lead-based, unless proven otherwise by analytical testing. Observations made by Watters Environmental during the Site reconnaissance indicated that paint surfaces appeared to be in good condition (i.e., not peeling or flaking). Based on this information, Watters Environmental does not anticipate significant environmental issues at the Site at this time regarding lead-based paints. Watters Environmental Group Inc. Reference No. 07-0072 CONFIDENTIAL March 31, 2008 Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario 5.2.4 Page 29 Urea Formaldehyde Foam Insulation Watters Environmental was advised by the Site representative that he was not aware of the presence of UFFI at the Site. Watters Environmental did not observe any visual indicators (such as drill holes in building surfaces) for the possible presence of UFFI at the Site. 5.2.5 Ozone-Depleting Substances Based on discussions with the Site representative and on observations made by Watters Environmental during the Site reconnaissance, Watters Environmental understands that the Site contains air-conditioning equipment and refrigeration units that may contain refrigerants, also known as ODSs. The Site representative advised Watters Environmental that the on-Site air-conditioning and refrigeration equipment is the responsibility of each individual tenant and that they are serviced by local certified contractors. In addition, the Site representative advised Watters Environmental that ODSs are not stored at the Site and none were observed by Watters Environmental at the Site during the Site reconnaissance. 5.2.6 Other Designated Substances Based on observations made by Watters Environmental during the Site reconnaissance, and on discussions with the Site representative, Watters Environmental understands that some of the interior walls of the Site Buildings contain painted surfaces. Given the age of the Site Buildings (i.e., early 1970s), Watters Environmental anticipates that the paint at the Site may also contain other regulated heavy metals such as arsenic and/or mercury. Observations made by Watters Environmental during the Site reconnaissance indicated that paint surfaces appeared to be in good condition (i.e., not peeling or flaking). Based on this information, Watters Environmental does not anticipate significant environmental issues at the Site at this time regarding arsenic and/or mercury in the paint. In addition, Watters Environmental observed the presence of lighting that may contain mercury vapour, as well as sealed thermostat switches and fluorescent light tubes that likely also contain small amounts of mercury, throughout the Site Buildings. No other potentially significant mercury containing materials or equipment were observed or are expected to be present at the Site. As such, Watters Environmental does not consider mercury to represent a significant environmental issue at the Site. Watters Environmental Group Inc. Reference No. 07-0072 CONFIDENTIAL March 31, 2008 Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario 5.2.7 Page 30 Unidentified Substances Watters Environmental did not observe any unidentified substances at the Site at the time of the Site reconnaissance. 5.2.8 Radon According to a document entitled, “Health and Environment – Partners for Life”, prepared by Health Canada and dated 1997, Health Canada has recommended that the annual radon exposure limit for the general public is 70 Becquerels per cubic metre (Bq/m3) and that the upper limit of the average annual concentration of radon is 800 Bq/m3. These thresholds were based on a guideline published by Health Canada in 1988. According to a publication from Health Canada, this upper limit was revised to 200 Bq/m3 in the guideline published in June 2007. Based on the results of a national survey measuring radon concentrations, conducted by Health Canada in the late 1970s, the average indoor radon level for the City of Toronto, located approximately 40 kilometres northeast of the City of Burlington, is approximately 12 Bq/m3. Results for the City of Burlington were not available. Given this, and the fact that the Site Buildings have no basements, Watters Environmental does not expect radon gas to be a significant environmental issue at the Site. 5.2.9 Methane Watters Environmental did not observe any indications of significant quantities of fill materials present at the Site (see Section 5.2.11). In addition, according to the EcoLog ERIS report, the Site is not in close proximity (i.e., not within 0.25 kilometres) to any active or closed landfill sites. Although testing for methane gas has not been completed at the Site, based on the above and the fact that there are no basements or underground structures in the Site Buildings, Watters Environmental does not expect methane gas to be a significant environmental issue at the Site. 5.2.10 Pesticides and Herbicides Watters Environmental observed minimal landscaped areas around the perimeter of the Site. According to the Site representative, pesticides and/or herbicides are not used or stored at the Site. Based on the small amount of landscaped areas at the Site, Watters Environmental does not anticipate that large volumes of pesticides or herbicides would be used at the Site. Watters Environmental did not observe the storage of pesticides or herbicides at the Site during the Site reconnaissance. Watters Environmental Group Inc. Reference No. 07-0072 CONFIDENTIAL March 31, 2008 Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario 5.2.11 Page 31 Soil Fill Based on observations made at the time of the Site reconnaissance, Watters Environmental does not expect a significant amount of fill material to be present at the Site. The Site is generally graded even with the surrounding properties. There was also no evidence from the historical records review to suggest that significant amounts of fill material would be present at the Site. 5.2.12 Housekeeping In general, Watters Environmental observed the Site to be well maintained (i.e., clean and tidy). No significant refuse or debris was observed on the exterior areas of the Site during the Site reconnaissance. 5.2.13 Mould Watters Environmental inspected the interior areas of the Site Buildings for visual or olfactory evidence of obvious microbial contamination or mould growth. Significant/obvious mould growth was not identified in the Site Buildings, with the following exceptions. Watters Environmental observed several water-stained areas with possible mould growth on ceiling tiles in the tenants spaces within Site Building B during the Site reconnaissance (Photographs 7 and 8). Watters Environmental noted the general indoor air quality of the Site Buildings to be good, with no unusual odours present that could potentially indicate the presence of other areas of significant/obvious mould growth. In addition, Watters Environmental did not observe the presence of any other significant water staining or damage to the interior ceiling or walls of the Site Buildings that were visible. 5.2.14 Unusual Odours Watters Environmental did not observe any unusual odours at the Site at the time of the Site reconnaissance. 5.2.15 Noise and Vibration Watters Environmental did not observe any noise or vibration at the Site at the time of the Site reconnaissance, apart from what would be considered normal for a property in an urban setting. Given the types of operations at the Site (i.e., commercial plaza and retail store), excessive noise and/or vibration issues are not anticipated to be present at the Site. Watters Environmental Group Inc. Reference No. 07-0072 CONFIDENTIAL March 31, 2008 Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario 5.2.16 Page 32 Electric and Magnetic Fields Watters Environmental visually inspected the general vicinity of the Site for the presence of high voltage power transmission lines and none were observed to be present within 0.25 kilometres of the Site. Although testing for electromagnetic fields has not been completed at the Site, based on the above, Watters Environmental does not expect electromagnetic fields to be a significant issue at the Site. 5.2.17 Gas and Oil Wells The Site representative reported to Watters Environmental that there were no gas or oil wells at the Site. Watters Environmental did not observe the presence of any gas or oil wells on or in the immediate vicinity of the Site. The geology in the area of the Site is not known as possessing exploitable gas or oil resources. As such, Watters Environmental does not expect the presence of gas or oil wells at, or in the vicinity of, the Site. 5.2.18 Wetlands Based on Watters Environmental’s review of available topographic mapping, there are currently no wetlands present on or in the immediate vicinity of the Site. Watters Environmental did not observe wetlands present on or in the immediate vicinity of the Site during the Site reconnaissance. 5.3 REVIEW OF NEARBY/ADJACENT PROPERTIES Watters Environmental reviewed the current land uses of neighbouring properties from publicly accessible locations to assess potential environmental impacts to the Site that may arise from off-Site operations. As noted in Section 2.1, properties in the general area surrounding the Site consist of a mixture of residential and commercial land uses. Properties surrounding the Site are summarized as follows (Figure 3): North of the Site (Inferred Upgradient) Adjacent to the north of the Site is Pinedale Avenue followed by multiple residential homes. Watters Environmental Group Inc. Reference No. 07-0072 CONFIDENTIAL March 31, 2008 Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario Page 33 East of the Site (Inferred Transgradient) Adjacent to the east of the Site is Timber Lane, followed by multiple residential apartment buildings. South of the Site (Inferred Downgradient) Adjacent to the south of the Site is New Street, followed by multiple residential homes and a multi-tenant commercial building. Watters Environmental observed Sketchley Cleaners (i.e., a dry cleaner depot) located within the multi-tenant commercial building approximately 55 metres southwest of the Site. West of the Site (Inferred Transgradient) Adjacent to the west of the Site is Appleby Line, followed by a multi-tenant commercial building and a residential apartment building. Watters Environmental observed Spotless Dry Cleaners (i.e., a dry cleaner depot) located within the multi-tenant commercial building approximately 70 metres west of the Site. Summary Based on observations of the surrounding properties from publicly accessible locations, it is Watters Environmental’s opinion that there are no significant environmental impact issues at the Site associated with current surrounding land use activities. Watters Environmental Group Inc. Reference No. 07-0072 CONFIDENTIAL March 31, 2008 Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario 6.0 Page 34 CONCLUSIONS AND RECOMMENDATIONS Based on the Phase I ESA completed for the Site by Watters Environmental, it is Watters Environmental’s opinion that there are no significant environmental concerns with respect to the current environmental condition of soil or groundwater at the Site. Watters Environmental notes that, although the northwestern portion of the Site was formerly occupied by a gasoline service station and automotive repair facility, this area of the Site was previously investigated and remediated by others and no residual issues were identified. Regardless, Watters Environmental notes that since this Phase I ESA was completed in preparation for filing an RSC for the Site, a baseline Phase II ESA will be required, despite the fact that the Site has previously been remediated by others. As such, Watters Environmental recommends that a supplemental soil and groundwater investigation be completed in the northwestern portion of the Site to satisfy the mandatory requirements of the RSC Regulation. In addition, to address potential operational/management issues, Watters Environmental recommends the following: Consideration should be given to providing adequate secondary containment for all bulk chemical storage areas (i.e., not including consumer products). Prior to undertaking any significant renovation and/or demolition activities in relation to the Site Buildings, that the areas planned for renovation and/or demolition should be evaluated for the presence of ACMs, PCB-containing equipment (such as in fluorescent light ballasts and liquid-filled electrical transformers) and paints containing arsenic, lead and/or mercury. If any are found to be present, appropriate management plans should be prepared implemented to ensure that these materials are handled and disposed of in accordance with applicable regulations. Once the source of the water damage in Site Building B has been repaired, any associated areas that are confirmed or suspected to be impacted by mould should be appropriately remediated in accordance with applicable regulations and industry standards. Watters Environmental Group Inc. Reference No. 07-0072 CONFIDENTIAL March 31, 2008 Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario 7.0 Page 35 QUALIFICATIONS AND LIMITATIONS Watters Environmental has prepared this report at the request of, and for the exclusive use of, First Capital. At the direction of First Capital, Watters Environmental also hereby extends reliance on this report to First Capital’s insurer, Chubb Insurance Company of Canada. Watters Environmental will not be responsible for the use of this report by any other party, or reliance on or any decision to be made based on it by any such other party without the prior written consent of Watters Environmental. Watters Environmental accepts no responsibility for damages, if any, by any other party as a result of decisions or actions based on this report. This report presents an overview of issues of environmental concern, reflecting Watters Environmental’s professional judgment using information reasonably available at the Site at the time of the Site reconnaissance. Watters Environmental has prepared this report using information understood to be factual and correct and shall not be responsible for conditions arising from information or facts that were concealed or not fully disclosed to Watters Environmental at the time of the Site reconnaissance. Opinions presented in this report concerning regulatory compliance do not represent a legal opinion concerning the environmental condition or compliance of the Site. The scope of work completed by Watters Environmental did not involve a review or evaluation of health and safety issues at the Site. This report is complete only as an entire document, and no section is intended to be used separately. In completing the scope of work, Watters Environmental did not conduct any intrusive investigations including sampling, testing or monitoring. Detailed cost estimates associated with environmental issues discussed in this report or activities required to bring the Site into environmental compliance were not required for this report to meet its objectives or agreed upon scope of work. It is important to note that conducting a Phase I ESA does not eliminate the possibility that negative environmental conditions and/or variations of conditions not described in this report are present on the Site. Watters Environmental Group Inc. Reference No. 07-0072 CONFIDENTIAL March 31, 2008 FIGURES Inferred Near-Surface Groundwater Flow Direction at the Site Site Location First Capital (Appleby) Corporation Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario SOURCE: http://maps.google.ca/maps SCALE: Not Available CONFIDENTIAL Project No. 07-0072 Figure 1: Site Location Map Inferred Near-Surface Groundwater Flow Direction at the Site Site Location First Capital (Appleby) Corporation Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario SOURCE: http://maps.google.ca/maps SCALE: Not Available CONFIDENTIAL Project No. 07-0072 Figure 2: Aerial View of the Site Inferred Near-Surface Groundwater Flow Direction at the Site Residential Multi-Tenant Residential Building Residential Multi-Tenant Residential Buildings Pinedale Avenue Residential Multi-Tenant Residential Building Robert Bateman High School Multi-Tenant Residential Buildings Multi-Tenant Commercial Building U New Street U Residential Commercial Building Multi-Tenant Commercial Building (with Dry Cleaner Depot) Residential Residential Residential Residential Legend: Approximate Site Boundary Site Building U Former Underground Storage (UST) NOT TO SCALE CONFIDENTIAL First Capital (Appleby) Corporation Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario Project No. 07-0072 Figure 3: Surrounding Land Use Map Inferred Near-Surface Groundwater Flow Direction at the Site Pinedale Avenue U U U U U Parking Lot U U Seasonal Garden Centre W W W R Site Building B Timber Lane Appleby Line Site Building A Ramp W Parking Lot New Street Legend: Approximate Site Boundary Site Building Fence U Former Underground Storage (UST) Landscaped / Grassed Area Paved Area NOT TO SCALE CONFIDENTIAL First Capital (Appleby) Corporation Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario Project No. 07-0072 Figure 4: Site Layout Appendix C PHOTOGRAPHS A Summary Report of the Environmental Database Review PHOTOGRAPHS Photograph No. 1 Date Taken: March 10, 2008 Description: View of Site Building A. Looking Towards: East Photograph No. 2 Date Taken: March 10, 2008 Description: View of Site Building B. Looking Towards: Northeast Site Name: Appleby Mall Site Address: 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario Project No.: 07-0072 PHOTOGRAPHS Photograph No. 3 Date Taken: March 10, 2008 Description: View of the former retail gasoline station area on the northwestern portion of the Site. Looking Towards: Northeast Photograph No. 4 Date Taken: March 10, 2008 Description: View of the emergency natural gas-fired generator located within tenant space occupied by Fortino’s in Site Building B. Looking Towards: N/A Site Name: Appleby Mall Site Address: 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario Project No.: 07-0072 PHOTOGRAPHS Photograph No. 5 Date Taken: March 10, 2008 Description: View of the decorative stucco on the walls and ceiling within Site Building B. Looking Towards: N/A Photograph No. 6 Date Taken: March 10, 2008 Description: View of the sprayed-on fire proofing on the ceiling of Site Building A. Looking Towards: N/A Site Name: Appleby Mall Site Address: 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario Project No.: 07-0072 PHOTOGRAPHS Photograph No. 7 Date Taken: March 10, 2008 Description: View of the water-stained areas on ceiling tiles in Site Building B. Looking Towards: N/A Photograph No. 8 Date Taken: March 10, 2008 Description: View of the water-stained areas with possible mould growth on ceiling tiles in Site Building B. Looking Towards: N/A Site Name: Appleby Mall Site Address: 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario Project No.: 07-0072 APPENDIX A Previous Environmental Reports Available for the Site Watters 2007 Peer Review Report Watters Environmental Group Inc. 1700 Langstaff Road, Suite 1003 Concord, Ontario L4K 3S3 Tel: (416) 361-2407 Fax: (416) 361-2410 www.wattersenvironmental.com May 22, 2007 CONFIDENTIAL Via E-Mail and Regular Mail Mr. Derek Hull First Capital (Appleby) Corporation 85 Hanna Avenue, Suite 400 Toronto, Ontario M6K 3S3 Dear Mr. Hull: Reference: 07-0072 Peer Review of Previous Environmental Reports and Limited Groundwater Sampling and Analysis Event, Appleby Mall, 5111 New Street, Burlington, Ontario Introduction Watters Environmental Group Inc. (Watters Environmental) was retained by First Capital (Appleby) Corporation (First Capital) to provide environmental consulting services in relation to a commercial property located at 5111 New Street in Burlington, Ontario (hereafter referred to as the “Site”). Watters Environmental understands that the Site is currently owned by First Capital and is occupied by the Appleby Mall. Watters Environmental further understands that First Capital requires this peer review as part of a financing arrangement for the Site. As such, at the direction of First Capital, Watters Environmental also hereby extends reliance on this peer review report to The Manufacturers Life Insurance Company, also known as Manulife Financial. The results of Watters Environmental’s peer review are presented in the following sections. Documents Reviewed The following previous environmental reports relating to the Site were made available to Watters Environmental by First Capital for review: • “Environmental Site Assessment, Shell Canada Gasoline Retail Facility, 505 Appleby Line, Burlington, Ontario”, report prepared for Shell Canada Products Limited (Shell), prepared by Intera Information Technologies Corporation (Intera), dated May 11, 1995 (the “Intera 1995 Phase II ESA Report”); • “Shell Station Decommissioning Review, Appleby Mall, Burlington, Ontario,” prepared for Tipase Management/Leasing Limited (Tipase), prepared by Trow Consulting Engineers Ltd. (Trow), dated December 13, 1995 (the “Trow Decommissioning Review Letter”); Mr. Derek Hull First Capital (Appleby) Corporation Page 2 May 22, 2007 Reference: 07-0072 • “Follow-up Intrusive Investigation, 505 Appleby Line, Burlington, Ontario,” report prepared for Tipase, prepared by Trow, dated October 28, 1996 (the “Trow 1996 Phase II ESA Report”); • “Phase II Environmental Site Assessment, Former Appleby Shell Station, 505 Appleby Line, Burlington, Ontario,” report prepared for Atwater Developments Limited (Atwater), prepared by Trow, dated April 24, 1997 (the “Trow 1997 Phase II ESA Report”); • “Phase I Environmental Site Assessment, 5111 New Street, Burlington, Ontario,” report prepared for Strathallen Capital Corporation (Strathallen), prepared by Trow Associates Inc. (Trow), dated July 4, 2003 (the “Trow 2003 Phase I ESA Report”); and • “Phase II Environmental Subsurface Investigation, 505 Appleby Line (at Pinedale Avenue), Burlington, Ontario” report prepared for First Capital, prepared by Jacques Whitford Environment Limited (JWEL), dated April 6, 2004 (the “JWEL 2004 Phase II ESA Report”) Watters Environmental notes that the Trow Decommissioning Review Letter is a one-page document describing the proposed scope of work for reviewing a Phase II ESA report and the Site engineer’s (i.e., Intera’s) procedures and clean-up protocols, and the associated costs for those services. There was no technical information provided in this document and, as such, it is not discussed further herein. Watters Environmental also notes that the western portion of the Site (i.e., situated at the eastern corner of Appleby Line and Pinedale Avenue) was formerly occupied by a retail Shell gasoline station that had a municipally address of 505 Appleby Line. The Trow 1996 Phase II ESA Report makes reference to another report that was prepared for this portion of the Site by Intera entitled “Soil Excavation Program”, and dated January 30, 1996. This Intera report was not available to Watters Environmental for review, but was reviewed by Trow as part of their work and apparently describes the removal and remediation of the underground storage tanks (USTs) that were formerly present on the Shell portion of the Site. Based on Watters Environmental’s review of the above-noted previous environmental reports for the Site that were available for our review, the following observations and comments are provided: CONFIDENTIAL Mr. Derek Hull First Capital (Appleby) Corporation Page 3 May 22, 2007 Reference: 07-0072 Intera 1995 Phase II ESA Report • The Shell gasoline station formerly located in the western portion of the Site formerly contained five 22,700-litre steel USTs containing gasoline, one 4,500-litre steel UST containing fuel oil, and one 2,300-litre steel UST containing waste oil. There was also an oil/water separator located in the former service station building located on that portion of the Site. Although not described in the Intera 1995 Phase II ESA Report, it appears that the Shell gasoline station also had service bays and likely associated in-ground hydraulic hoists to conduct automotive repair work. • The Intera 1995 Phase II ESA was reportedly conducted as the Shell gasoline station was scheduled for closure. The investigation program consisted of drilling five boreholes, of which three were completed as groundwater monitoring wells. All boreholes were located in the area of the gasoline USTs and the pump island. No subsurface investigation work was conducted in the area of the fuel oil or waste oil USTs, the oil/water interceptor or the presumed in-ground hydraulic hoists as part of that work. • The boreholes were advanced to depths ranging between 3.81 and 4.72 metres below ground surface (mbgs). The observations made during the drilling program indicated that the near surface stratigraphy of the former Shell property consists of silty clay and clayey silt to a depth of at least 4.72 mbgs (i.e., the depth of deepest borehole). Saturated soil conditions, representative of the groundwater table, were encountered at a depth of approximately 4.3 mbgs. • Total organic vapour (TOV) concentrations were measured in the headspaces of the soil samples collected using a Gastechtor to assist in selecting a “worst case” soil samples for laboratory analyses. Relatively high TOV readings were reported for the three soil samples analyzed (i.e., 50 to 100% the lower explosive limit (LEL)). • Three soil samples (i.e., one from each of the groundwater monitoring well locations) were submitted for laboratory analyses of benzene, toluene, ethylbenzene, and xylenes (BTEX) and total petroleum hydrocarbon (TPH) (i.e., purgeable and cold extractable) parameters. The laboratory analytical results indicated that the BTEX and TPH concentrations were below the then-current Ontario Ministry of the Environment (MOE, known as the Ministry of Environment and Energy at that time) generic assessment criteria. • Although three groundwater monitoring wells were installed at the former Shell portion of the Site during this investigation, no groundwater samples were collected by Intera for laboratory analyses during their 1995 Phase II ESA. CONFIDENTIAL Mr. Derek Hull First Capital (Appleby) Corporation • Page 4 May 22, 2007 Reference: 07-0072 Intera’s conclusion was that the concentrations of BTEX and TPH in the three soil samples analyzed were below the then-current MOE generic assessment criteria, but also stated that it should be assumed that soil in the vicinity of the pump islands and USTs may require remediation. Trow 1996 Phase II ESA Report • Trow subsequently conducted their 1996 Phase II ESA in the former Shell portion of the Site to supplement the findings of the Intera 1995 Phase II ESA Report and the Intera 1996 Soil Excavation Program report (i.e., not available to Watters Environmental for review). The Trow 1996 Phase II ESA appears to have been completed after the former Shell gasoline station had been decommissioned. According to the figures presented in the Trow 1996 Phase II ESA report, it appears that the former Shell service station building was still present, but that remedial excavations had taken place in the vicinity of the former gasoline USTs, the former pump island and the former waste oil UST. There does not appear to have been any soil remediation activities completed in the vicinity of the former fuel oil UST; however, it is reasonable to assume that this UST was also removed from the Site by Intera at the same time that the other USTs were removed. A review of the Intera 1996 Soil Excavation Program report would be required to confirm this assumption. • The Trow 1996 Phase II ESA consisted of drilling three boreholes, of which two were completed as groundwater monitoring wells. The boreholes were drilled to depths ranging between approximately 6.5 and 9.1 mbgs. One borehole was located east of the former waste oil UST area and the other two boreholes were situated adjacent to the east wall of the gasoline UST/pump island remedial excavation area. • Trow indicated that the soil under the asphalt paving consisted of a layer of fill, which was comprised of silty clay to clayey silt with wood fragments. Beneath the fill, the native soil comprised clayey silt to silty clay to depths ranging from approximately 1.5 to 2.0 mbgs. The native silty clay to clay silt was underlain by weathered shale of the Queenston Formation. • On July 28, 2006, groundwater was encountered in the two Trow groundwater monitoring wells (i.e., 102 and 101) at depths ranging between 3.55 and 3.83 mbgs, respectively. On July 30, 2006, groundwater in Intera’s groundwater monitoring wells MW7 and MW6 were measured at 2.7 and 3.6 mbgs, respectively. Trow indicated that the inferred near-surface groundwater flow direction was towards the south. Watters Environmental infers that near-surface groundwater flow is generally in an east-southeast direction relatively to true north, which is consistent with surficial topography in the vicinity of the Site. CONFIDENTIAL Mr. Derek Hull First Capital (Appleby) Corporation Page 5 May 22, 2007 Reference: 07-0072 • Five soil samples and two groundwater samples from the Trow 1996 Phase II ESA were analyzed for lead, BTEX and TPH (purgeable and cold extractable) parameters. The results of the Trow analyses indicated that all soil and groundwater sample analytical results met the then-current MOE generic assessment criteria for all parameters. (Watters Environmental notes that Trow used the incorrect soil and groundwater criteria when comparing the results of their 1996 Phase II ESA. Watters Environmental has, therefore, reinterpreted the data using the correct criteria.) • Watters Environmental notes that Trow did not analyze any soil or groundwater samples from the Site for volatiles organic compounds (VOCs) during their 1996 Phase II ESA to assess whether any degreasing solvents from the former automotive servicing operations at the Site had impacted the subsurface. • The overall conclusions made by Trow as a result of their 1996 Phase II ESA are considered to not be valid as they compared the results of their work to the incorrect MOE generic assessment criteria. Trow 1997 Phase II ESA Report • Trow subsequently completed their 1997 Phase II ESA to assess the subsurface soil quality conditions in the area of the oil/water separator and in-ground hydraulic hoists in the former service station building in the former Shell gasoline station portion of the Site. At the time of the Trow 1997 Phase II ESA, the former Shell service station building had been demolished. Trow’s scope of work for this stage included the excavation of eight test pits to approximately 2.0 mbgs within the footprint of the former service station building. • The soil stratigraphy observed in the test pits consisted of a layer of brown silty sand and clay fill containing construction debris. The fill layer ranged in thickness between approximately 0.8 and 1.3 mbgs and was underlain by native silty clay to depths ranging between approximately 1.5 and 2.1 mbgs. The silty clay was in turn underlain by reddish-brown weathered shale of the Queenston Formation. Trow reported that no odours or staining were observed in the soil samples collected from the test pits. Groundwater was observed seeping into the excavations in four of the test pits at depths ranging from approximately 1.0 to 1.3 mbgs. • The laboratory analytical program for the Trow 1997 Phase II ESA included the submission of three soil samples from this area of the Site for BTEX and TPH (gas/diesel) parameters. Watters Environmental notes that, ideally, the analytical program should have included the analysis of soil samples from this area of the Site for TPH (heavy oils) since the objective was to investigate for potential impacts from CONFIDENTIAL Mr. Derek Hull First Capital (Appleby) Corporation Page 6 May 22, 2007 Reference: 07-0072 waste oil and hydraulic oil. As with the Trow 1996 Phase II ESA, Watters Environmental notes that Trow once again used the incorrect MOE generic assessment criteria to compare the results of the 1997 Phase II ESA. Regardless, the results of the laboratory analyses indicated that the concentrations of BTEX and TPH (gas/diesel) parameters in the soil samples analyzed were below the laboratory method detection limits and, as such, also met the appropriate then-current MOE generic assessment criteria. • No groundwater sampling or analysis was conducted as part of the Trow 1997 Phase II ESA. • The overall conclusions made by Trow as a result of their 1997 Phase II ESA were that no unacceptable soil quality impacts were identified within the footprint of the former service station building in this portion of the Site and, as such, no further environmental assessment or remediation activities were required. Trow 2003 Phase I ESA Report • The Trow 2003 Phase I ESA was completed on the main portion of the Site (i.e., all except the former Shell gasoline station property located in the western portion of the Site). The Site comprised a commercial mall, a single-store building, associated parking lots, and truck loading areas. The main Site building was located in the central portion of the Site and contained 31 units. A smaller single-tenant building was located north of the main Site building. • Trow completed a review of available historical and regulatory information regarding the Site as part of their 2003 Phase I ESA and indicated that that no environmental concerns were identified in the past uses of the Site. • Trow identified the former Shell gasoline station as being adjacent to the Site for the purpose of their 2003 Phase I ESA and considered it to represent a moderate concern to the Site. (Watters Environmental notes that the former Shell gasoline station is now part of the Site.) Another former gasoline station was identified at the southwest corner of New Street and Appleby Line. Trow considered that property to be a low risk, as it was inferred to be situated downgradient of the Site. Sketchley Cleaners and Embassy Cleaners were identified by Trow to the south of the Site and were also not considered to be a concern, as they were located downgradient from the Site. • Trow did not identify any potential environmental concerns on the Site during its inspection as part of its 2003 Phase I ESA. A complete listing of tenants at the Site was not provided in the Trow 2003 Phase I ESA report; however, Watters CONFIDENTIAL Mr. Derek Hull First Capital (Appleby) Corporation Page 7 May 22, 2007 Reference: 07-0072 Environmental notes that Star Cleaners is currently located on the west side of the main Site building. Watters Environmental further notes that Star Cleaners reportedly does not conduct any on-the-premises dry leaning (i.e., it is a drop-off depot only). • Suspected asbestos-containing material (ACM) in the form of stucco was observed by Trow on the ceiling in the main Site building lobby area and in some of the stores. The suspect ACMs were observed by Trow to be in good condition and were not considered a concern. Based on the age of the building, Trow suspected that the Site building may also contain lead-based paint, polychlorinated biphenyls (PCBs) in the fluorescent light ballasts, and ozone-depleting substances (ODSs) in the refrigeration and heating, ventilation, and air conditioning (HVAC) units. • Overall, Trow’s main conclusion was that the former Shell gasoline station located in the western portion of the Site (i.e., referred to as an adjacent property by Trow) may be a source of environmental impact to the Site. As such, Trow recommended a further assessment of the soil and groundwater conditions in this area of the Site. JWEL 2004 Phase II ESA Report • JWEL indicated that their 2004 Phase II ESA was conducted based on the findings and recommendations made in their report entitled “Environmental Peer Review, 505 Appleby Line and 5111 New Street, Burlington, Ontario,” dated March 9, 2004 (i.e., not available to Watters Environmental for review). • The JWEL investigation consisted of drilling 11 boreholes (i.e., BH101 to BH111) to depths ranging between 2.4 and 6.1 mbgs. Groundwater monitoring wells were installed in five of the boreholes (i.e., BH102 to BH105 and BH109). The boreholes were primarily located in the former gasoline UST and distribution area, the former services station building and other areas of across the former Shell gasoline station portion of the Site to provide general coverage. • JWEL described the soil conditions as comprising sand and gravel and/or silty sand fill overlying native sandy silt. Shale bedrock was encountered at depths ranging between approximately 1.5 and 3.1 mbgs, with an average depth of approximately 2.3 mbgs. (Watters Environmental notes that, based on a review of all stratigraphic information available for the former Shell gasoline station portion of the Site, less than one third of this portion of the Site contains less than 2.0 metres of overburden and, as such, this portion of the Site is not considered a “shallow soil property” according to Ontario Regulation 153/04). CONFIDENTIAL Mr. Derek Hull First Capital (Appleby) Corporation Page 8 May 22, 2007 Reference: 07-0072 • No petroleum hydrocarbon (PHC) staining or odours were encountered in any of the soil samples recovered from this portion of the Site by JWEL. Soil sample headspace TOV readings (i.e., measured with a Gastechtor) ranged up to 10% LEL. • One worst-case soil sample from each borehole location was analyzed for BTEX and TPH (gas/diesel and heavy oils) parameters. The concentrations of BTEX and TPH parameters in all soil samples submitted from this portion of the Site were below the then-current MOE generic assessment criteria. None of the soil samples collected in the vicinity of the former service station building was analyzed for VOCs. Watters Environmental notes that JWEL did; however, analyze for TPH (heavy oils) in the soil samples, which addresses deficiencies in the Phase II ESAs previously conducted in this area of the Site by Intera and Trow. • One groundwater sample was collected from each of the five groundwater monitoring wells installed in this portion of the Site by JWEL and analyzed for BTEX and TPH (gas/diesel) parameters. The concentrations of BTEX in all five samples were below the then-current MOE generic assessment criteria. TPH (gas/diesel) was present at detectable concentrations in all five groundwater samples; however, Watters Environmental notes that there are no MOE generic assessment standards for TPH or PHC parameters in groundwater that are applicable to the Site (i.e., in a non-potable groundwater scenario). Watters Environmental also notes that JWEL did not analyze any of the groundwater samples for VOC parameters to assess whether there were any impacts from potential historical use of degreasing solvents in relation to the former automotive repair operations undertaken in this area of the Site. • Overall, JWEL’s conclusion was that the field and laboratory information obtained from their 2004 Phase II ESA indicated that no further environmental investigation of the Site was required at that time. Groundwater Sampling Event As noted above, Watters Environmental identified that none of the soil or groundwater samples previously collected from the former Shell gasoline station portion of the Site had been analyzed for VOCs, despite the fact that former automotive servicing activities, possibly involving the use of degreasers, had historically taken place in this area of the Site. As such, Watters Environmental attended the Site to conduct a limited groundwater sampling and laboratory analysis program. Three of the groundwater monitoring wells previously installed at the Site by Trow (i.e., 101) and JWEL (i.e., BH104 and BH109) as part of their various Phase II ESA activities were monitored, purged and sampled by Watters Environmental on May 16, 2007. These three CONFIDENTIAL Mr. Derek Hull First Capital (Appleby) Corporation Page 9 May 22, 2007 Reference: 07-0072 previously-existing groundwater monitoring wells were selected for sampling by Watters Environmental as they were either located in the vicinity of the former service station building or in inferred downgradient locations on the former Shell gasoline station portion of the Site. All three groundwater samples were submitted to ALS Canada Ltd. for laboratory analysis of VOC parameters. The laboratory analytical results (attached) were compared to the current MOE generic assessment standards for commercial/industrial properties with medium to fine-grained soils in a non-potable groundwater situation, and for full-depth remediation (i.e., “Table 3” of the MOE document entitled “Soil, Ground Water and Sediment Standards for Use Under Part XV.1 of the Environmental Protection Act”, dated March 9, 2004). The results of the laboratory analysis indicated that all groundwater samples collected from this area of the Site by Watters Environmental met the generic assessment standards for all VOC parameters analyzed. Summary and Conclusions Based on Watters Environmental’s review of the above-noted previous environmental reports that were available for the Site, it is Watters Environmental’s opinion that there are no significant environmental concerns with respect to the current environmental condition of soil or groundwater at the Site. The former on-Site Shell gasoline station located in the western portion of the Site was reportedly decommissioned by Intera in 1995. Three subsequent Phase II ESA programs completed by Trow and JWEL in this area of the Site, together with a limited groundwater sampling and analysis event recently completed in this area of the Site by Watters Environmental, did not identify any environmental soil or groundwater quality impacts relative to current or former MOE generic assessment criteria or standards. As such, Watters Environmental does not consider that any addition environmental assessment or remediation activities are required in this area of the Site in this regard at this time. Regardless, Watters Environmental recommends that attempts should be made to obtain the Intera 1996 Soil Excavation Program report previously reviewed by Trow to confirm that the former fuel oil UST that was located to the northeast of the former Shell service station building was removed as part of their Site decommissioning activities in 1995. Watters Environmental also notes that the Trow 2003 Phase I ESA identified the suspected presence of ACMs, lead-based paint, PCBs in the fluorescent light ballasts, and ODSs in the refrigeration and HVAC units in the main Site building. As such, should future significant renovation or demolition activities be planned for the Site buildings, detailed surveys for these and other designated materials should be completed such that appropriate management plans can be prepared and implemented. CONFIDENTIAL Mr. Derek Hull First Capital (Appleby) Corporation Page 10 May 22, 2007 Reference: 07-0072 If the groundwater monitoring wells previously installed by Trow and JWEL in the former Shell gasoline station portion of the Site are no longer necessary, consideration should be given to appropriately decommissioning them in accordance with applicable regulations. Closure Watters Environmental has prepared this report at the request of, and for the exclusive use of, First Capital. At the direction of First Capital, Watters Environmental also hereby extends reliance on this report to First Capital’s lender, The Manufacturers Life Insurance Company, also known as Manulife Financial. Watters Environmental will not be responsible for the use of this report by any other party, or reliance on or any decision to be made based on it by any other party, without the prior written consent of Watters Environmental. Watters Environmental accepts no responsibility for damages, if any, by any other party as a result of decisions or actions based on this report. This environmental review was conducted in accordance with Watters Environmental’s proposed scope of work, verbal requests from First Capital and generally accepted environmental consulting practices in Ontario at the time of the review. No other warranty, expressed or implied, is made. This report should in no way be construed as a definitive representation of any and all environmental impacts that may be present at the Site resulting from past or current practices. The findings contained in this report are based largely upon information provided by others. Watters Environmental did not complete a Site inspection visit or review any other environmental reports (i.e., other than those mentioned above) that may be available for the Site. No assurance is made regarding changes in conditions subsequent to the time of the review. No assurance is made regarding the accuracy of the information not generated by Watters Environmental. This peer review report is complete only as an entire document, and no section is intended to be used separately. We trust that the information provided in this peer review report meets with your current requirements. Should you require any additional information, please contact either of the undersigned. Yours very truly, WATTERS ENVIRONMENTAL GROUP INC. Basil Wong, M.Eng., P.Eng. Senior Project Manager Kevin French, P.Eng. Vice President CONFIDENTIAL ANALYTICAL REPORT WATTERS ENVIRONMENTAL GROUP ATTN: STEVE DENSTEDT Reported On: 18-MAY-07 09:39 AM 1700 LANGSTAFF ROAD, SUITE 1003 CONCORD ON L4K 3S3 L506528 Lab Work Order #: Project P.O. #: Job Reference: Date Received: 07-0072 Legal Site Desc: CofC Numbers: 26783 Other Information: Comments: APPROVED BY: ____________________________________________ MARY-LYNN GROENENDYK Project Manager THIS REPORT SHALL NOT BE REPRODUCED EXCEPT IN FULL WITHOUT THE WRITTEN AUTHORITY OF THE LABORATORY. ALL SAMPLES WILL BE DISPOSED OF AFTER 30 DAYS FOLLOWING ANALYSIS. PLEASE CONTACT THE LAB IF YOU REQUIRE ADDITIONAL SAMPLE STORAGE TIME. 5730 Coopers Avenue, Unit #26 , Mississauga, ON L4Z 2E9 Phone: +1 905 507 6910 Fax: +1 905 507 6927 www.alsglobal.com A Campbell Brothers Limited Company 17-MAY-07 ALS LABORATORY GROUP CRITERIA REPORT 07-0072 Sample Details/Parameters L506528-1 L506528 CONTD.... Page 2 of 5 18-MAY-07 09:37:39 Result Qualifier D.L. Units Criteria Specific Limits Analyzed Batch BH - 101 Sample Date: 16-MAY-07 Matrix: O.REG 153/04TABLE 3 WATER Individual Analytes Volatile Organics 1,1,1,2-Tetrachloroethane 1,1,2,2-Tetrachloroethane 1,1,1-Trichloroethane 1,1,2-Trichloroethane 1,2-Dibromoethane 1,1-Dichloroethane 1,1-Dichloroethylene 1,2-Dichlorobenzene 1,2-Dichloroethane 1,2-Dichloropropane 1,3-Dichlorobenzene 1,4-Dichlorobenzene 2-Hexanone Acetone Benzene Bromodichloromethane Bromoform Bromomethane Carbon Disulfide Carbon tetrachloride Chlorobenzene Chloroethane Chloroform Chloromethane cis-1,2-Dichloroethylene cis-1,3-Dichloropropene Dibromochloromethane Dichlorodifluoromethane Dichloromethane Ethyl Benzene m+p-Xylenes Methyl Ethyl Ketone Methyl Isobutyl Ketone MTBE o-Xylene Styrene Tetrachloroethylene Toluene trans-1,2-Dichloroethylene trans-1,3-Dichloropropene Trichloroethylene Trichlorofluoromethane Trihalomethanes (total) Vinyl chloride Xylenes (Total) Surr: 1,2-Dichloroethane d4 Surr: Toluene-d8 Surr: 4-Bromofluorobenzene <0.5 <0.5 <0.5 <0.5 <0.5 <0.5 <0.5 <0.5 <0.5 <0.5 <0.5 <0.5 <20 <20 0.7 <0.5 <0.5 <1 <0.5 <0.5 <0.5 <1 <0.5 <1 <0.5 <0.5 <0.5 <1 <0.5 <0.5 <1 <20 <20 <0.5 <0.5 <0.5 <0.5 <0.5 <0.5 <0.5 <0.5 <1 <2.0 <0.5 <1.5 94 98 102 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 20 20 0.5 0.5 0.5 1 0.5 0.5 0.5 1 0.5 1 0.5 0.5 0.5 1 0.5 0.5 1 20 20 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 1 2 0.5 1.5 51-150 72-123 50-150 ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L % % % (38) 6.0 (140) 22 200 (50000)16000 (21) 3.3 (50000) 9000 (4.1) 0.66 7600 (110) 17 (58) 9.3 7600 7600 3300 (12000) 1900 50000 (5200) 840 (16) 3.7 (100) 17 500 (2700) 430 70 50000 50000 (50000)28000 50000 50000 50000 (5900) 940 5.0 (37000)5900 100 50 (1.3) 0.5 (35000)5600 ** analytical results for this parameter exceed criteria limits listed on this report O.Reg 153/04-Table 3 MARCH 9, 2004 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 ALS LABORATORY GROUP CRITERIA REPORT 07-0072 Sample Details/Parameters L506528-2 L506528 CONTD.... Page 3 of 5 18-MAY-07 09:37:39 Result Qualifier D.L. Units Criteria Specific Limits Analyzed Batch BH - 104 Sample Date: 16-MAY-07 Matrix: O.REG 153/04TABLE 3 WATER Individual Analytes Volatile Organics 1,1,1,2-Tetrachloroethane 1,1,2,2-Tetrachloroethane 1,1,1-Trichloroethane 1,1,2-Trichloroethane 1,2-Dibromoethane 1,1-Dichloroethane 1,1-Dichloroethylene 1,2-Dichlorobenzene 1,2-Dichloroethane 1,2-Dichloropropane 1,3-Dichlorobenzene 1,4-Dichlorobenzene 2-Hexanone Acetone Benzene Bromodichloromethane Bromoform Bromomethane Carbon Disulfide Carbon tetrachloride Chlorobenzene Chloroethane Chloroform Chloromethane cis-1,2-Dichloroethylene cis-1,3-Dichloropropene Dibromochloromethane Dichlorodifluoromethane Dichloromethane Ethyl Benzene m+p-Xylenes Methyl Ethyl Ketone Methyl Isobutyl Ketone MTBE o-Xylene Styrene Tetrachloroethylene Toluene trans-1,2-Dichloroethylene trans-1,3-Dichloropropene Trichloroethylene Trichlorofluoromethane Trihalomethanes (total) Vinyl chloride Xylenes (Total) Surr: 1,2-Dichloroethane d4 Surr: Toluene-d8 Surr: 4-Bromofluorobenzene <0.5 <0.5 <0.5 <0.5 <0.5 <0.5 <0.5 <0.5 <0.5 <0.5 <0.5 <0.5 <20 <20 0.7 <0.5 <0.5 <1 <0.5 <0.5 <0.5 <1 <0.5 <1 <0.5 <0.5 <0.5 <1 <0.5 <0.5 <1 <20 <20 <0.5 <0.5 <0.5 <0.5 <0.5 <0.5 <0.5 <0.5 <1 <2.0 <0.5 <1.5 97 99 102 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 20 20 0.5 0.5 0.5 1 0.5 0.5 0.5 1 0.5 1 0.5 0.5 0.5 1 0.5 0.5 1 20 20 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 1 2 0.5 1.5 51-150 72-123 50-150 ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L % % % (38) 6.0 (140) 22 200 (50000)16000 (21) 3.3 (50000) 9000 (4.1) 0.66 7600 (110) 17 (58) 9.3 7600 7600 3300 (12000) 1900 50000 (5200) 840 (16) 3.7 (100) 17 500 (2700) 430 70 50000 50000 (50000)28000 50000 50000 50000 (5900) 940 5.0 (37000)5900 100 50 (1.3) 0.5 (35000)5600 ** analytical results for this parameter exceed criteria limits listed on this report O.Reg 153/04-Table 3 MARCH 9, 2004 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 ALS LABORATORY GROUP CRITERIA REPORT 07-0072 Sample Details/Parameters L506528-3 L506528 CONTD.... Page 4 of 5 18-MAY-07 09:37:39 Result Qualifier D.L. Units Criteria Specific Limits Analyzed Batch BH - 109 Sample Date: 16-MAY-07 Matrix: O.REG 153/04TABLE 3 WATER Individual Analytes Volatile Organics 1,1,1,2-Tetrachloroethane 1,1,2,2-Tetrachloroethane 1,1,1-Trichloroethane 1,1,2-Trichloroethane 1,2-Dibromoethane 1,1-Dichloroethane 1,1-Dichloroethylene 1,2-Dichlorobenzene 1,2-Dichloroethane 1,2-Dichloropropane 1,3-Dichlorobenzene 1,4-Dichlorobenzene 2-Hexanone Acetone Benzene Bromodichloromethane Bromoform Bromomethane Carbon Disulfide Carbon tetrachloride Chlorobenzene Chloroethane Chloroform Chloromethane cis-1,2-Dichloroethylene cis-1,3-Dichloropropene Dibromochloromethane Dichlorodifluoromethane Dichloromethane Ethyl Benzene m+p-Xylenes Methyl Ethyl Ketone Methyl Isobutyl Ketone MTBE o-Xylene Styrene Tetrachloroethylene Toluene trans-1,2-Dichloroethylene trans-1,3-Dichloropropene Trichloroethylene Trichlorofluoromethane Trihalomethanes (total) Vinyl chloride Xylenes (Total) Surr: 1,2-Dichloroethane d4 Surr: Toluene-d8 Surr: 4-Bromofluorobenzene <0.5 <0.5 <0.5 <0.5 <0.5 <0.5 <0.5 0.7 <0.5 <0.5 <0.5 <0.5 <20 <20 32.3 <0.5 <0.5 <1 0.8 <0.5 <0.5 <1 <0.5 <1 <0.5 <0.5 <0.5 <1 <0.5 10.7 49 <20 <20 <0.5 2.2 <0.5 <0.5 2.9 <0.5 <0.5 <0.5 <1 <2.0 <0.5 51.2 97 98 101 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 20 20 0.5 0.5 0.5 1 0.5 0.5 0.5 1 0.5 1 0.5 0.5 0.5 1 0.5 0.5 1 20 20 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.5 1 2 0.5 1.5 51-150 72-123 50-150 ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L ug/L % % % (38) 6.0 (140) 22 200 (50000)16000 (21) 3.3 (50000) 9000 (4.1) 0.66 7600 (110) 17 (58) 9.3 7600 7600 3300 (12000) 1900 50000 (5200) 840 (16) 3.7 (100) 17 500 (2700) 430 70 50000 50000 (50000)28000 50000 50000 50000 (5900) 940 5.0 (37000)5900 100 50 (1.3) 0.5 (35000)5600 ** analytical results for this parameter exceed criteria limits listed on this report O.Reg 153/04-Table 3 MARCH 9, 2004 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 17-MAY-07 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 R524128 Reference Information L506528 CONTD.... 07-0072 Page 5 of 5 18-MAY-07 09:37:39 Methods Listed (if applicable): ALS Test Code Matrix Test Description VOC-ROU-WT Water Volatile Organics Preparation Method Reference(Based On) Analytical Method Reference(Based On) SW846 8260 Laboratory Methods employed follow in-house procedures, which are generally based on nationally or internationally accepted methodologies. Chain of Custody numbers: 26783 The last two letters of the above test code(s) indicate the laboratory that performed analytical analysis for that test. Refer to the list below: Laboratory Definition Code WT Laboratory Location Laboratory Definition Code Laboratory Location ALS LABORATORY GROUP WATERLOO (SENTINEL), ONTARIO, CAN GLOSSARY OF REPORT TERMS Surr - A surrogate is an organic compound that is similar to the target analyte(s) in chemical composition and behavior but not normally detected in environmental samples. Prior to sample processing, samples are fortified with one or more surrogate compounds. The reported surrogate recovery value provides a measure of method efficiency. The Laboratory control limits are determined under column heading D.L. mg/kg (units) - unit of concentration based on mass, parts per million mg/L (units) - unit of concentration based on volume, parts per million < - Less than D.L. - Detection Limit N/A - Result not available. Refer to qualifier code and definition for explanation Test results reported relate only to the samples as received by the laboratory. UNLESS OTHERWISE STATED, ALL SAMPLES WERE RECEIVED IN ACCEPTABLE CONDITION. UNLESS OTHERWISE STATED, SAMPLES ARE NOT CORRECTED FOR CLIENT FIELD BLANKS. Although test results are generated under strict QA/QC protocols, any unsigned test reports, faxes, or emails are considered preliminary. ALS Laboratory Group has an extensive QA/QC program where all analytical data reported is analyzed using approved referenced procedures followed by checks and reviews by senior managers and quality assurance personnel. However, since the results are obtained from chemical measurements and thus cannot be guaranteed, ALS Laboratory Group assumes no liability for the use or interpretation of the results. ALS provides criteria information as a service to you, our customer. Every attempt is made to ensure the criteria information in this report is accurate and current, however, it is not guaranteed. ALS recommends review of the most current version of the regulation, and assumes no responsibility for the accuracy of the criteria levels indicated. ALS Laboratory Group Quality Control Report Report Date: 18-MAY-07 Workorder: L506528 Page 1 of WATTERS ENVIRONMENTAL GROUP Client: 1700 LANGSTAFF ROAD, SUITE 1003 CONCORD ON L4K 3S3 Contact: STEVE DENSTEDT Test Matrix VOC-ROU-WT Water Batch Reference Result Qualifier Units RPD Limit Analyzed R524128 WG597026-1 CVS 1,1,1,2-Tetrachloroethane 103 % 63-138 17-MAY-07 1,1,1-Trichloroethane 100 % 63-138 17-MAY-07 1,1,2,2-Tetrachloroethane 91 % 63-138 17-MAY-07 1,1,2-Trichloroethane 98 % 63-138 17-MAY-07 1,1-Dichloroethane 102 % 74-123 17-MAY-07 1,1-Dichloroethylene 93 % 75-125 17-MAY-07 1,2-Dichlorobenzene 99 % 75-119 17-MAY-07 1,2-Dichloroethane 100 % 70-132 17-MAY-07 1,2-Dichloropropane 102 % 63-138 17-MAY-07 1,3-Dichlorobenzene 101 % 63-138 17-MAY-07 1,4-Dichlorobenzene 100 % 63-138 17-MAY-07 2-Hexanone 84 % 49-142 17-MAY-07 Acetone 91 % 22-191 17-MAY-07 Benzene 105 % 81-117 17-MAY-07 Bromodichloromethane 98 % 63-138 17-MAY-07 Bromoform 85 % 63-138 17-MAY-07 Bromomethane 87 % 43-137 17-MAY-07 Carbon Disulfide 77 % 51-148 17-MAY-07 Carbon tetrachloride 101 % 63-138 17-MAY-07 Chlorobenzene 106 % 82-115 17-MAY-07 Dibromochloromethane 94 % 72-117 17-MAY-07 Chloroethane 93 % 62-143 17-MAY-07 Chloroform 104 % 63-138 17-MAY-07 Chloromethane 85 % 56-145 17-MAY-07 cis-1,2-Dichloroethylene 105 % 63-138 17-MAY-07 cis-1,3-Dichloropropene 97 % 63-138 17-MAY-07 Dichlorodifluoromethane 66 % 60-125 17-MAY-07 Ethyl Benzene 105 % 63-138 17-MAY-07 1,2-Dibromoethane 96 % 75-125 17-MAY-07 m+p-Xylenes 109 % 76-126 17-MAY-07 Methyl Ethyl Ketone 87 % 62-138 17-MAY-07 Methyl Isobutyl Ketone 86 % 60-130 17-MAY-07 MTBE 90 % 69-119 17-MAY-07 4 ALS Laboratory Group Quality Control Report Report Date: 18-MAY-07 Workorder: L506528 Test Matrix VOC-ROU-WT Water Batch Reference Result Qualifier Units RPD Page 2 of Limit Analyzed R524128 WG597026-1 CVS Dichloromethane 100 % 55-145 17-MAY-07 o-Xylene 104 % 84-126 17-MAY-07 Styrene 101 % 63-138 17-MAY-07 Tetrachloroethylene 107 % 69-121 17-MAY-07 Toluene 106 % 76-122 17-MAY-07 trans-1,2-Dichloroethylene 99 % 63-138 17-MAY-07 trans-1,3-Dichloropropene 94 % 63-138 17-MAY-07 Trichloroethylene 103 % 68-130 17-MAY-07 Trichlorofluoromethane 115 % 67-133 17-MAY-07 Vinyl chloride 87 % 55-145 17-MAY-07 <0.5 ug/L 0.5 17-MAY-07 1,1,1-Trichloroethane <0.5 ug/L 0.5 17-MAY-07 1,1,2,2-Tetrachloroethane <0.5 ug/L 0.5 17-MAY-07 1,1,2-Trichloroethane <0.5 ug/L 0.5 17-MAY-07 1,1-Dichloroethane <0.5 ug/L 0.5 17-MAY-07 1,1-Dichloroethylene <0.5 ug/L 0.5 17-MAY-07 1,2-Dichlorobenzene <0.5 ug/L 0.5 17-MAY-07 1,2-Dichloroethane <0.5 ug/L 0.5 17-MAY-07 1,2-Dichloropropane <0.5 ug/L 0.5 17-MAY-07 1,3-Dichlorobenzene <0.5 ug/L 0.5 17-MAY-07 1,4-Dichlorobenzene <0.5 ug/L 0.5 17-MAY-07 2-Hexanone <20 ug/L 20 17-MAY-07 Acetone <20 ug/L 20 17-MAY-07 Benzene <0.5 ug/L 0.5 17-MAY-07 Bromodichloromethane <0.5 ug/L 0.5 17-MAY-07 Bromoform <0.5 ug/L 0.5 17-MAY-07 Bromomethane <1 ug/L 1 17-MAY-07 Carbon Disulfide <0.5 ug/L 0.5 17-MAY-07 Carbon tetrachloride <0.5 ug/L 0.5 17-MAY-07 Chlorobenzene <0.5 ug/L 0.5 17-MAY-07 Dibromochloromethane <0.5 ug/L 0.5 17-MAY-07 Chloroethane <1 ug/L 1 17-MAY-07 WG597026-2 MB 1,1,1,2-Tetrachloroethane 4 ALS Laboratory Group Quality Control Report Report Date: 18-MAY-07 Workorder: L506528 Test Matrix VOC-ROU-WT Water Batch Reference Result Qualifier Units RPD Page 3 of Limit Analyzed R524128 WG597026-2 Chloroform MB <0.5 ug/L 0.5 17-MAY-07 Chloromethane <1 ug/L 1 17-MAY-07 cis-1,2-Dichloroethylene <0.5 ug/L 0.5 17-MAY-07 cis-1,3-Dichloropropene <0.5 ug/L 0.5 17-MAY-07 Dichlorodifluoromethane <1 ug/L 1 17-MAY-07 Ethyl Benzene <0.5 ug/L 0.5 17-MAY-07 1,2-Dibromoethane <0.5 ug/L 0.5 17-MAY-07 m+p-Xylenes <1 ug/L 1 17-MAY-07 Methyl Ethyl Ketone <20 ug/L 20 17-MAY-07 Methyl Isobutyl Ketone <20 ug/L 20 17-MAY-07 MTBE <0.5 ug/L 0.5 17-MAY-07 Dichloromethane <0.5 ug/L 0.5 17-MAY-07 o-Xylene <0.5 ug/L 0.5 17-MAY-07 Styrene <0.5 ug/L 0.5 17-MAY-07 Tetrachloroethylene <0.5 ug/L 0.5 17-MAY-07 Toluene <0.5 ug/L 0.5 17-MAY-07 trans-1,2-Dichloroethylene <0.5 ug/L 0.5 17-MAY-07 trans-1,3-Dichloropropene <0.5 ug/L 0.5 17-MAY-07 Trichloroethylene <0.5 ug/L 0.5 17-MAY-07 Trichlorofluoromethane <1 ug/L 1 17-MAY-07 Vinyl chloride <0.5 ug/L 0.5 17-MAY-07 4 ALS Laboratory Group Quality Control Report Workorder: L506528 Report Date: 18-MAY-07 Page 4 of Legend: Limit DUP RPD N/A LCS SRM MS MSD ADE MB IRM CRM CCV CVS LCSD 99% Confidence Interval (Laboratory Control Limits) Duplicate Relative Percent Difference Not Available Laboratory Control Sample Standard Reference Material Matrix Spike Matrix Spike Duplicate Average Desorption Efficiency Method Blank Internal Reference Material Certified Reference Material Continuing Calibration Verification Calibration Verification Standard Laboratory Control Sample Duplicate Qualifier: RPD-NA Relative Percent Difference Not Available due to result(s) being less than detection limit. A Method blank exceeds acceptance limit. Blank correction not applied, unless the qualifier "RAMB" (result adjusted for method blank) appears in the Analytical Report. B Method blank result exceeds acceptance limit, however, it is less than 5% of sample concentration. Blank correction not applied. E Matrix spike recovery may fall outside the acceptance limits due to high sample background. F Silver recovery low, likely due to elevated chloride levels in sample. G Outlier - No assignable cause for nonconformity has been determined. J Duplicate results and limit(s) are expressed in terms of absolute difference. K The sample referenced above is of a non-standard matrix type; standard QC acceptance criteria may not be achievable. L Low matrix spike recovery due to instability of spiked analyte in the sample matrix. 4 Intera 1995 Phase II ESA Report Trow 1996 Phase II ESA Report Trow 1997 Phase II ESA Report Trow 2003 Phase I ESA Report JWEL 2004 Phase II ESA Report APPENDIX B EcoLog Environmental Risk Information Services Ltd. Report Project Site: Appleby Mall 5111 & 5000-5014 New Street Burlington, ON Client: Ben U Watters Environmental Group Inc. 1700 Langstaff Road Suite 1003 Concord, ON L4K 3S3 ERIS Project No: 20080303006 Report Type: Custom Report – 0.2km Search Radius Prepared By: Isabel Pereira-Peixoto ipereira@ecologeris.com Date: March 11, 2008 DISCLAIMER AND COPYRIGHT NOTICE The information contained in this report has been produced by EcoLog ERIS Ltd. using various sources of information, including information provided by Federal and Provincial government departments. Although EcoLog ERIS Ltd. has endeavoured to present you with information that is accurate, EcoLog ERIS Ltd. disclaims, except as set out below, any and all liability for any errors, omissions, or inaccuracies in such information and data, whether attributable to inadvertence or otherwise, and for any consequences arising therefrom. Liability on the part of EcoLog ERIS Ltd. is limited to the monetary value paid for this report. The report applies only to the address specified on the cover of this report, and any alterations or deviation from this description will require a new report. This report and the data contained herein does not purport to be and does not constitute a guarantee of the accuracy of the information contained herein and does not constitute a legal opinion nor medical advice. This report is solely intended to be used to focus further investigation and is not intended to replace a full Phase 1 Environmental Site Assessment. No page of this report should be used without this cover page, this disclaimer and the project property identifier. The contents of this Service are protected by copyright. Copyright in the Service is owned by EcoLog ERIS Ltd. Copyright in data obtained from private sources is owned by EcoLog ERIS Ltd. or its licensors. The Service and its contents may not be copied or reproduced in whole or in any substantial part without prior written consent of EcoLog ERIS Ltd. 12 Concorde Place, Suite 800 Toronto, Ontario M3C 4J2 Phone: (416) 510-5204 Fax: (416) 510-5133 Toll Free: 1-877-512-5204 www.ecologERIS.com info@ecologERIS.com Table of Contents Order Number: Site Name: Site Address: Report Type: 20080303006 Appleby Mall 5111 & 5000-5014 New Street Burlington, ON Custom Report, 0.20 km Search Radius Section Report Summary i This outlines the number of records from each database that fall on the site, and within various distances from the site. Site Diagram ii The records that were found within a specified distance from the project property (the primary search radius) have been plotted on a diagram to provide you with a visual representation of the information available. Sites will be plotted on the diagram if there is sufficient information from the database source to determine accurate geographic coordinates. Each plotted site is marked with an acronym identifying the database in which the record was found (i.e., WDS for Waste Disposal Sites). These are referred to as "Map Keys". A variety of problems are inherent when attempting to associate various government or private source records with locations. EcoLog ERIS has attempted to make the best fit possible between the available data and their positions on the site diagram. Site Profile iii This table describes the records that relate directly to the property that is being researched. Detail Report iv This section represents information, by database, for the records found within the primary search radius. Listed at the end of each database are the sites that could not be plotted on the locator diagram because of insufficient address information. These records will not have map keys. They have been included because they may be found to be relevant during a more detailed investigation. Certificates of Approval ERIS Historical Searches Ontario Regulation 347 Waste Generators Summary Occurrence Reporting Information System Pesticide Register Private and Retail Fuel Storage Tanks Scott's Manufacturing Directory Water Well Information System Appendix: Database Descriptions Environmental Risk Information Services Ltd. Page 1 3 4 6 7 8 9 10 Report Summary Order Number: Site Name: Site Address Report Type: 20080303006 Appleby Mall 5111 & 5000-5014 New Street Burlington, ON Custom Report, 0.20 km Search Radius Number of Mappable Records Surrounding the Site Database Selected On-site Within 0.20 0.20km to 0.20km Total AAGR Abandoned Aggregate Inventory Y 0 0 0 0 AGR Aggregate Inventory Y 0 0 0 0 AMIS Abandoned Mine Information System Y 0 0 0 0 ANDR Anderson's Waste Disposal Sites Y 0 0 0 0 AUWR Automobile Wrecking & Supplies Y 0 0 0 0 CA Certificates of Approval Y 2 3 0 3 CFOT Commercial Fuel Oil Tanks Y 0 0 0 0 CHEM Chemical Register Y 0 0 0 0 COAL Coal Gasification Plants Y 0 0 0 0 CONV Compliance and Convictions Y 0 0 0 0 DRL Drill Hole Database Y 0 0 0 0 EBR Environmental Registry Y 0 0 0 0 EEM Environmental Effects Monitoring Y 0 0 0 0 EHS ERIS Historical Searches Y 0 2 0 2 EIIS Environmental Issues Information System Y 0 0 0 0 FCON Federal Convictions Y 0 0 0 0 FCS Contaminated Sites on Federal Land Y 0 0 0 0 FOFT Fisheries & Oceans Fuel Storage Tanks Y 0 0 0 0 FST Fuel Storage Tank Y 0 0 0 0 GEN Ontario Regulation 347 Waste Generators Summary Y 6 9 0 9 IAFT Indian & Northern Affairs Fuel Tanks Y 0 0 0 0 MINE Canadian Mine Locations Y 0 0 0 0 MNR Mineral Occurrences Y 0 0 0 0 NATE National Analysis of Trends in Emergencies System (NATES) Y 0 0 0 0 NCPL Non-Compliance Reports Y 0 0 0 0 NDFT National Defence & Canadian Forces Fuel Storage Tanks Y 0 0 0 0 NDSP National Defence & Canadian Forces Spills Y 0 0 0 0 NDWD National Defence & Canadian Forces Waste Disposal Sites Y 0 0 0 0 NEES National Environmental Emergencies System (NEES) Y 0 0 0 0 NPCB National PCB Inventory Y 0 0 0 0 NPRI National Pollutant Release Inventory Y 0 0 0 0 OGW Oil and Gas Wells Y 0 0 0 0 OOGW Ontario Oil and Gas Wells Y 0 0 0 0 OPCB Inventory of PCB Storage Sites Y 0 0 0 0 ORD Orders Y 0 0 0 0 ORIS Occurrence Reporting Information System Y 0 5 0 5 PAP Canadian Pulp and Paper Y 0 0 0 0 PCFT Parks Canada Fuel Storage Tanks Y 0 0 0 0 PES Pesticide Register Y 7 8 0 8 PRT Private and Retail Fuel Storage Tanks Y 0 3 0 3 REC Ontario Regulation 347 Waste Receivers Summary Y 0 0 0 0 RSC Record of Site Condition Y 0 0 0 0 Environmental Risk Information Services Ltd. Section i Report Summary Order Number: Site Name: Site Address Report Type: 20080303006 Appleby Mall 5111 & 5000-5014 New Street Burlington, ON Custom Report, 0.20 km Search Radius Database Selected On-site Within 0.20 0.20km to 0.20km Total RST Retail Fuel Storage Tanks Y 0 0 0 0 SCT Scott's Manufacturing Directory Y 3 3 0 3 SRDS Wastewater Discharger Registration Database Y 0 0 0 0 TANK Anderson's Storage Tanks Y 0 0 0 0 TCFT Transport Canada Fuel Storage Tanks Y 0 0 0 0 WDS Waste Disposal Sites - MOE CA Inventory Y 0 0 0 0 WDSH Waste Disposal Sites - MOE 1991 Historical Approval Inventory Y 0 0 0 0 WWIS Water Well Information System Y 1 1 0 1 TOTAL 19 34 0 34 The databases chosen by the client as per the submitted order form are denoted in the 'Selected' column in the above table. Counts have been provided outside the primary buffer area for cursory examination only. These records have not been examined or verified, therefore, they are subject to change. Environmental Risk Information Services Ltd. Section i SITE DIAGRAM 0 0.127 Kilometers 12 Concorde Pl, Suite 800 North York, ON M3C 4J2 416-510-5204 Project Property: PES-8 PES-8 PES-8 PES-8 PES-8 PES-8 Appleby Mall 5111 & 5000-5014 New Street Burlington, ON ERIS Project #: 20080303006 Date: MAR-11-2008 LEGEND Landuse Classifications Residential Points of Interest Commercial Chimney Resource and Industrial Silo Government and Institutional ORIS-4 ORIS-4 ORIS-4 ORIS-4 ORIS-4 ORIS-4 ST DR M OO R LO NG Other Recreation Area Railway - Main SCT-1 SCT-1 SCT-1 SCT-1 SCT-1 SCT-1 GEN GEN GEN to to GEN GEN GEN 2 22 22 2 to to to to 7 77 77 7 Golf Course/Driving Range Park/Sports Field ORIS-5 ORIS-5 ORIS-5 ORIS-5 ORIS-5 ORIS-5 PES PES PES 1 111 1 to to to 5 555 5 to PES PES PES to CA CA CA 1 111 1 to to to 2 222 2 to CA CA CA to Recreation Rail LA NE ORIS-3 ORIS-3 ORIS-3 ORIS-3 ORIS-3 ORIS-3 Waterbody Transformer Station BE R NE W Pipeline Transmission Tower PRT-3 PRT-3 PRT-3 PRT-3 PRT-3 PRT-3 Parks and Recreational Pipe & Transmission Lines Transmission Line TI M Open Area Database Location AV E Project Property PI NE DA LE Ó WWIS-1 WWIS-1 WWIS-1 WWIS-1 WWIS-1 WWIS-1 EHS-1 EHS-1 EHS-1 EHS-1 EHS-1 EHS-1 Sports/Race Track Railway - Sidetrack Cemetery GEN-1 GEN-1 GEN-1 GEN-1 GEN-1 GEN-1 Vineyard PP A GEN GEN GEN 8 888 8 to to to 9 999 9 to GEN GEN GEN to Runway Conveyor Permanent Waterway Crane: Moveable Ü Intermittent Waterway PRT PRT PRT 1 111 1 to to to 2 222 2 to PRT PRT PRT to E N LI Hydrographic Features Y B LE Industrial Resources Crane: Stationary Open Reservoir Tank Dyke/Levee Rock Cut Dam Auto Wrecker Breakwall Lumber Yard Wetland Pit This diagram is to be used solely for relative street location purposes. It may not accurately portray street or site positions. EHS-2 EHS-2 EHS-2 EHS-2 EHS-2 EHS-2 R Trail CA-3 CA-3 CA-3 CA-3 CA-3 CA-3 ˘ ES CR Orchard NT YA BR Embankment SCT SCT SCT to to SCT SCT SCT 2 22 22 2 to to to to 3 33 33 3 ORIS ORIS ORIS 111 to to to 222 Wooded Area D Vegetation Transportation - Other PES PES PES 6 666 6 to to to 7 777 7 to PES PES PES to N Campground Bridge Tunnel FE R Railway - Abandoned Section ii Site Report Order Number: Site Name: Site Address Report Type: 20080303006 Appleby Mall 5111 & 5000-5014 New Street Burlington, ON Custom Report, 0.20 km Search Radius FOR COMPLETE INFORMATION, REFER TO DETAIL REPORT Pesticide Register Map Key Company Name Address City Postal Code PES-1 ZELLERS COUNTY FAIR 128 5111 NEW ST APPLEBY MALL BURLINGTON L7L 1V2 PES-2 FORTINO'S (APPLEBY) LTD. 5111 NEW STREET BURLINGTON L7L 1V2 PES-3 HOME HARDWARE STORES LIMITED APPLEBY MALL, 5111 NEW ST BURLINGTON L7L 1V2 PES-4 FORTINO'S (NEW ST) LTD. 5111 NEW ST BURLINGTON L7L 1V2 PES-5 1602291 ONTARIO LTD 5111 NEW ST BURLINGTON L7L 1V2 PES-6 C & C LAWN MAINTENANCE 5014 NEW ST UNIT 2 SUITE 208 BURLINGTON L7L 6E8 PES-7 C & C LAWN & LANDSCAPE 5014 NEW ST UNIT 2 SUITE 208 BURLINGTON L7L 6E8 Certificates of Approval Map Key Company Name Address City Postal Code CA-1 FORTINO'S SUPERMARKET LTD. 5111 NEW ST., APPLEBY MALL BURLINGTON CITY L7L 1V2 CA-2 FORTINO'S SUPERMARKET LTD. 5111 NEW ST., APPLEBY MALL BURLINGTON CITY L7L 1V2 Address City Postal Code Water Well Information System Map Key Company Name BURLINGTON CITY WWIS-1 Scott's Manufacturing Directory Map Key Company Name Address City Postal Code SCT-1 PICK & PRINT 5111 NEW ST BURLINGTON L7L 1V2 SCT-2 Rival Material Handling Systems Inc. 5014 New St Burlington L7L 6E8 SCT-3 Rival Material Handling System Burlington L7L 6E8 Address City Postal Code 5111 NEW STREET BURLINGTON L7L 1V2 5111 NEW STREET, BURLINGTON MISSISSAUGA L7L 1V2 BURLINGTON L7L 1V2 Suite 2-3 5014 New St Suite 213 Ontario Regulation 347 Waste Generators Summary Map Key Company Name GEN-2 PHARMA PLUS DRUGS LTD GEN-3 PHARMA PLUS DRUGS LTD. 31-682 C/O 5935 AIRPORT ROAD STE. 500 GEN-4 FORTINO'S SUPERMARKET LTD. Environmental Risk Information Services Ltd. 5111 NEW STREET Section iii Site Report Order Number: Site Name: Site Address Report Type: 20080303006 Appleby Mall 5111 & 5000-5014 New Street Burlington, ON Custom Report, 0.20 km Search Radius FOR COMPLETE INFORMATION, REFER TO DETAIL REPORT Map Key Company Name Address City Postal Code GEN-5 APPLEBY HOME HARDWARE 5111 NEW STREET BURLINGTON L7L 1V2 APPLEBY MALL GEN-6 PHARMA PLUS DRUGS LTD. 5111 NEW STREET BURLINGTON L7L 1V2 GEN-7 AMBER 1 HOUR PHOTO 5111 NEW STREET BURLINGTON L7L 1V2 Environmental Risk Information Services Ltd. Section iii Detail Report Order Number: Site Name: Site Address: Report Type: 20080303006 Appleby Mall 5111 & 5000-5014 New Street Burlington ON Custom Report, 0.20 km Search Radius If information is required for sites located beyond the selected address, please contact your ERIS representative. Certificates of Approval ERIS Historical Searches Ontario Regulation 347 Waste Generators Summary Occurrence Reporting Information System Pesticide Register Private and Retail Fuel Storage Tanks Scott's Manufacturing Directory Water Well Information System Environmental Risk Information Services Ltd. Section iv Provincial Source Database Certificates of Approval Map Key Company Address Certificate # Application Year Issue Date Approval Type CA-1 FORTINO'S SUPERMARKET LTD. 5111 NEW ST., APPLEBY MALL BURLINGTON CITY L7L 1V2 8-3121-97- 97 4/4/1997 Industrial air CA-2 CA-3 n/a FORTINO'S SUPERMARKET LTD. R.M. OF HALTON LABOK HOLDINGS 5111 NEW ST., APPLEBY MALL BURLINGTON CITY L7L 1V2 Client Name: Client Address: Client City: Client Postal Code: Project Description: Contaminants: Emission Control: 8-3121-97- 97 Client Name: Client Address: Client City: Client Postal Code: Project Description: Contaminants: Emission Control: BRYANT CRES/FERN DR/CENABER CT BURLINGTON CITY 3-1641-95006 NEW ST. BURLINGTON CITY 3-1339-88- 95 Status Application Type s Approved s s s Approved s s EXHAUST FOR CHICKEN FRYER IN DELI AREA Nitrogen Oxides, Odour/Fumes Panel Filter 4/8/1997 Industrial air EXHAUST FOR CHICKEN FRYER IN DELI AREA Nitrogen Oxides, Odour/Fumes Panel Filter 12/11/95 Municipal sewage s Approved s s 2/26/1990 Municipal sewage s Cancelled s s Client Name: Client Address: Client City: Client Postal Code: Project Description: Contaminants: Emission Control: 88 Client Name: Client Address: Client City: Client Postal Code: Project Description: Contaminants: Emission Control: Page 1 of Certificates of Approval Environmental Risk Information Services Ltd. Page 1 of Detail Report Provincial Source Database Certificates of Approval Map Key Company Address Certificate # Application Year Issue Date Approval Type Status Application Type n/a 632656 ONTARIO LTD. ROSELAND FOREST T/H LOT 14 OFF NEW STREET BURLINGTON CITY 7-0069-86- 86 2/14/1986 Municipal water s Approved s s 6/28/1988 Municipal water s Revised s s 2/26/1990 Municipal water s Cancelled s s 1/27/1989 Municipal water s Approved in 1989 s s Client Name: Client Address: Client City: Client Postal Code: Project Description: Contaminants: Emission Control: n/a QUINN HOMES PINELAND PRESBYTERIAN CHURCH NEW STREET STREET A BURLINGTON CITY 7-0478-88- 88 Client Name: Client Address: Client City: Client Postal Code: Project Description: Contaminants: Emission Control: n/a LABOK HOLDINGS NEW STREET BURLINGTON CITY 7-1155-88- 88 Client Name: Client Address: Client City: Client Postal Code: Project Description: Contaminants: Emission Control: n/a LABOK DEVELOPMENT CORPORATION SOUTH SIDE OF NEW ST. BURLINGTON CITY 7-0088-89- 89 Client Name: Client Address: Client City: Client Postal Code: Project Description: Contaminants: Emission Control: Page 2 of Certificates of Approval Environmental Risk Information Services Ltd. Page 2 of Detail Report Private Source Database ERIS Historical Searches Map Key Company EHS-1 EHS-2 Page 1 of ERIS Historical Searches Environmental Risk Information Services Ltd. Address Order No. 500 Appleby Line Burlington L7L 5Z6 20030501008 414 Appleby Line Burlington L7L 2X8 20030611005 Report Date Report Type Search Radius (km) s 5/6/03 s Complete Report s 0.30 s s 6/19/03 s Complete Report s 0.25 s Addit. Info Ordered: Addit. Info Ordered: Aerials Photos and/or Topographical Maps Page 3 of Detail Report Provincial Source Database Ontario Regulation 347 Waste Generators Summary Map Key Company Address SIC Code SIC Description GEN-1 SHOPPERS DRUG MART 470 APPLEBY LINE BURLINGTON L7L 2Y2 6031 PHARMACIES 5111 NEW STREET BURLINGTON L7L 1V2 6031 GEN-2 GEN-3 GEN-4 GEN-5 PHARMA PLUS DRUGS LTD PHARMA PLUS DRUGS LTD. 31-682 FORTINO'S SUPERMARKET LTD. APPLEBY HOME HARDWARE Generator #: Approval Yrs: Generator #: Approval Yrs: Waste Code Waste Description s ON1501584 97,98,99,00,01 PHARMACIES s ON1553329 92,93,97 261 PHARMACEUTICALS 312 PATHOLOGICAL WASTES 261 PHARMACEUTICALS 312 PATHOLOGICAL WASTES 261 PHARMACEUTICALS 312 PATHOLOGICAL WASTES 5111 NEW STREET, BURLINGTON 6031 PHARMACIES C/O 5935 AIRPORT ROAD STE. 500 MISSISSAUGA ON1553329 Generator #: L7L 1V2 Approval Yrs: 94,95,96 s 5111 NEW STREET BURLINGTON L7L 1V2 6571 s 264 PHOTOPROCESSING WASTES 5111 NEW STREET APPLEBY MALL BURLINGTON L7L 1V2 6531 s 112 ACID WASTE - HEAVY METALS ALKALINE WASTES - HEAVY METALS OTHER SPECIFIED INORGANICS Generator #: Approval Yrs: Generator #: Approval Yrs: CAMERA/PHOTO. SUPPLY ON1826012 97,98,99,00,01 HARDWARE STORES 121 ON2569300 00,01,02,03,04 146 GEN-6 GEN-7 GEN-8 PHARMA PLUS DRUGS LTD. AMBER 1 HOUR PHOTO BURLINGTON HYDRO-ELEC. COMMISSION 5111 NEW STREET BURLINGTON L7L 1V2 6031 5111 NEW STREET BURLINGTON L7L 1V2 6571 4511 NEW ST. C/O 1340 BRANT ST. BURLINGTON L7R 3Z7 4911 Page 1 of Ontario Regulation 347 Waste Generators Summary Environmental Risk Information Services Ltd. Generator #: Approval Yrs: Generator #: Approval Yrs: Generator #: Approval Yrs: PHARMACIES 261 PHARMACEUTICALS 312 PATHOLOGICAL WASTES s 264 PHOTOPROCESSING WASTES s 122 ALKALINE WASTES - OTHER METALS OIL SKIMMINGS & SLUDGES s ON1553329 98,99,00,01 CAMERA/PHOTO. SUPPLY ON1864201 94,95,96,97,98 ELECT. POWER SYS. ON0676606 89,90 251 Page 4 of Detail Report Provincial Source Database Ontario Regulation 347 Waste Generators Summary Map Key Company Address SIC Code SIC Description GEN-9 BURLINGTON HYDRO-ELEC. COMMISSION 05-330 4511 NEW ST. C/O 1340 BRANT ST. BURLINGTON L7R 3Z7 4911 ELECT. POWER SYS. Page 2 of Ontario Regulation 347 Waste Generators Summary Environmental Risk Information Services Ltd. Generator #: Approval Yrs: ON0676606 92,93,94,95,96,97,98 Waste Code Waste Description s 122 251 ALKALINE WASTES - OTHER METALS OIL SKIMMINGS & SLUDGES Page 5 of Detail Report Provincial Source Database Occurrence Reporting Information System Map Key Company Address Spill ID Medium Environmental Impact ORIS-1 PRIVATE OWNER ESSO STATION APPLEBY LINE & NEW STREET MOTOR VEHICLE (OPERATING FLUID) BURLINGTON CITY 95787 LAND / WATER POSSIBLE APPLEBY LINE AT NEW STREET SERVICE STATION BURLINGTON CITY 16572 505 APPLEBY LINE TRANSPORT TRUCK (CARGO) BURLINGTON CITY L7L 2Y1 29786 5100 NEW ST BURLINGTON CITY L7L 1V1 87297 APPLEBY CREEK NEAR NEW ST. WATERWORKS BURLINGTON CITY 60388 ORIS-2 ORIS-3 ORIS-4 ORIS-5 ESSO PETROLEUM TRANSPORT TRUCK CHURCH PUC Page 1 of Occurrence Reporting Information System Environmental Risk Information Services Ltd. Nature of Impact s 1/28/1994 s Water course or lake s PRIVATE MOTOR VEHICLE - 14L GASOLINE TO LAND & STORM: BROKEN GAS LINE PIPE/HOSE LEAK UNKNOWN Synopsis: Cause: LAND NOT ANTICIPATED ESSO-0.5 L GASOLINE PROCESS UPSET ERROR Synopsis: Cause: LAND / WATER NOT ANTICIPATED s 3/31/1989 LAND POSSIBLE s s s s TO GROUND s 1/12/1990 TRANSPORT TRUCK -20 L. DIESEL FUEL TO CATCH OTHER CONTAINER LEAK UNKNOWN Synopsis: Cause: BASIN. FROM SADDLE TANK. s 6/20/1993 s Soil contamination s PINELAND BAPTIST CHURCH - GREEN LIQUID SEEPING OUT OF GROUND OTHER CAUSE (N.O.S.) SUBSIDENCE Synopsis: Cause: Synopsis: Cause: Date of Occurrence WATER NOT ANTICIPATED s 12/1/1991 HALTON PUC: BROKEN WATER-MAIN, CLAY WASHED TO PIPE/HOSE LEAK CORROSION s s APPLEBY CREEK Page 6 of Detail Report Provincial Source Database Pesticide Register Map Key Company Address PES-1 ZELLERS COUNTY FAIR 128 5111 NEW ST APPLEBY MALL BURLINGTON L7L 1V2 PES-2 FORTINO'S (APPLEBY) LTD. 5111 NEW STREET BURLINGTON L7L 1V2 PES-3 HOME HARDWARE STORES LIMITED APPLEBY MALL, 5111 NEW ST BURLINGTON L7L 1V2 PES-4 FORTINO'S (NEW ST) LTD. PES-5 Licence No. Licence Type s Vendor s 23-01-10623-0 s Limited Vendor s 23-01-11282-0 s Limited Vendor s 5111 NEW ST BURLINGTON L7L 1V2 s Limited Vendor s 1602291 ONTARIO LTD 5111 NEW ST BURLINGTON L7L 1V2 s Limited Vendor s PES-6 C & C LAWN MAINTENANCE 5014 NEW ST UNIT 2 SUITE 208 BURLINGTON L7L 6E8 s Operator s PES-7 C & C LAWN & LANDSCAPE 5014 NEW ST UNIT 2 SUITE 208 s Operator s s Operator s 02-01-05006-0 BURLINGTON L7L 6E8 PES-8 INTEX Page 1 of Pesticide Register Environmental Risk Information Services Ltd. 564 SHERATON ROAD, UNIT 12 BURLINGTON L7L 4B2 Page 7 of Detail Report Provincial Source Database Private and Retail Fuel Storage Tanks Map Key Company Address Location ID Type Expiry Date Capacity (L) Licence # PRT-1 BOBS ESSO SELF SERVE 4524 NEW ST BURLINGTON L7L 7K8 24199 retail 1995-05-31 20963 0051695001 4524 NEW ST. BURLINGTON L7L 7K8 2460 retail 505 APPLEBY LINE BURLINGTON L7L2Y1 2387 retail PRT-2 PRT-3 BRYBERN SHELL B E DEORE Page 1 of Private and Retail Fuel Storage Tanks Environmental Risk Information Services Ltd. Facility Description s GASOLINE STATION - SS s GASOLINE STATION - SELF SER 1995-10-31 25200 0076425214 s GASOLINE STATION - FS Page 8 of Detail Report Private Source Database Scott's Manufacturing Directory Map Key Company Address Established Plant Size (ft²) Employment SIC/NAICS Code Description SCT-1 PICK & PRINT 5111 NEW ST BURLINGTON L7L 1V2 1987 0 1 2396 AUTOMOTIVE TRIMMINGS, APPAREL FINDINGS, AND RELATED PRODUCTS COMMERCIAL PRINTING, NOT ELSEWHERE CLASSIFIED 2759 SCT-2 Rival Material Handling Systems Inc. 5014 New St Suite 2-3 Burlington L7L 6E8 1994 4 333920 416210 416390 417230 SCT-3 Rival Material Handling System 5014 New St Suite 213 Burlington L7L 6E8 1994 10 332329 333920 337215 417230 Page 1 of Scott's Manufacturing Directory Environmental Risk Information Services Ltd. Material Handling Equipment Manufacturing Metal Service Centres Other Specialty-Line Building Supplies WholesalerDistributors Industrial Machinery, Equipment and Supplies Wholesaler-Distributors Other Ornamental and Architectural Metal Products Manufacturing Material Handling Equipment Manufacturing Showcase, Partition, Shelving and Locker Manufacturing Industrial Machinery, Equipment and Supplies Wholesaler-Distributors Page 9 of Detail Report Provincial Source Database Water Well Information System Map Key Company WWIS-1 Address Well Id Lot Concession Concession Name BURLINGTON CITY 2800257 005 03 DS S Easting Nad83: Northing Nad83: Zone: Utm Reliability: Construction Date: Primary Water Use: Secondary Water Use: Well Depth (ft): Pump Rate (gpm): Static Water Level (ft): Flow Rate (gpm): Clear/Cloudy: Specific Capacity: Final Well Status: Construction Method: Flowing (y/n): Elevation (ft): Elevation Reliability: Depth to Bedrock (ft): Overburden/Bedrock: Water Type: Casing Material: Page 1 of Water Well Information System Environmental Risk Information Services Ltd. County s HALTON Municipality s BURLINGTON CITY s 600977.6 4802421 17 unknown utm 7/20/1950 DOMESTIC 59 35 9 CLEAR 2.5 WATER SUPPLY CABLE TOOL 0 305 Unknown elevation 10 Bedrock FRESH STEEL Page 10 of Detail Report Appendix: Ontario Database Descriptions EcoLog Environmental Risk Information Services Ltd can search the following databases. The extent of historical information varies with each database and current information is determined by what is publicly available to EcoLog ERIS at the time of update. Note: Databases denoted with “*” indicates that the database will no longer be updated. See the individual database descriptions for more information. Federal Government Source Databases: Environmental Effects Monitoring 1992-2004 Diagram Identifier: EEM The Environmental Effects Monitoring program assesses the effects of effluent from industrial or other sources on fish, fish habitat and human usage of fisheries resources. Since 1992, pulp and paper mills have been required to conduct EEM studies under the Pulp and Paper Effluent Regulations. This database provides information on the mill name, geographical location and sub-lethal toxicity data. Environmental Issues Inventory System 1992-2001* EIIS The Environmental Issues Inventory System was developed through the implementation of the Environmental Issues and Remediation Plan. This plan was established to determine the location and severity of contaminated sites on inhabited First Nation reserves, and where necessary, to remediate those that posed a risk to health and safety; and to prevent future environmental problems. The EIIS provides information on the reserve under investigation, inventory number, name of site, environmental issue, site action (Remediation, Site Assessment), and date investigation completed. Federal Convictions 1988-Jan 2002 FCON Environment Canada maintains a database referred to as the “Environmental Registry” that details prosecutions under the Canadian Environmental Protection Act (CEPA) and the Fisheries Act (FA). Information is provided on the company name, location, charge date, offence and penalty. Contaminated Sites on Federal Land June 2000-2005 FCS The Treasury Board of Canada Secretariat maintains an inventory of all known contaminated sites held by various Federal departments and agencies. This inventory does not include properties owned by Crown corporations, but does contain nonfederal sites for which the Government of Canada has accepted some or all financial responsibility. All sites have been classified through a system developed by the Canadian Council of Ministers of the Environment. The database provides information on company name, location, site ID #, property use, classification, current status, contaminant type and plan of action for site remediation. Fisheries & Oceans Fuel Tanks 1964-Sept 2003 FOFT Fisheries & Oceans Canada maintains an inventory of all aboveground & underground fuel storage tanks located on Fisheries & Oceans property or controlled by DFO. Our inventory provides information on the site name, location, tank owner, tank operator, facility type, storage tank location, tank contents & capacity, and date of tank installation. Indian & Northern Affairs Fuel Tanks 1950-Aug 2003 IAFT The Department of Indian & Northern Affairs Canada (INAC) maintains an inventory of all aboveground & underground fuel storage tanks located on both federal and crown land. Our inventory provides information on the reserve name, location, facility type, site/facility name, tank type, material & ID number, tank contents & capacity, and date of tank installation. National Analysis of Trends in Emergencies System (NATES) 1974-1994* NATE In 1974 Environment Canada established the National Analysis of Trends in Emergencies System (NATES) database, for the voluntary reporting of significant spill incidents. The data was to be used to assist in directing the work of the emergencies program. NATES ran from 1974 to 1994. Extensive information is available within this database including company names, place where the spill occurred, date of spill, cause, reason and source of spill, damage incurred, and amount, concentration, and volume of materials released. National Defence & Canadian Forces Fuel Tanks Up to May 2001 NDFT The Department of National Defence and the Canadian Forces maintains an inventory of all aboveground & underground fuel storage tanks located on DND lands. Our inventory provides information on the base name, location, tank type & capacity, tank contents, tank class, date of tank installation, date tank last used, and status of tank as of May 2001. This database will no longer be updated due to the new National Security protocols which have prohibited any release of this database. National Defence & Canadian Forces Spills March 1999-Feb 2005 NDSP The Department of National Defence and the Canadian Forces maintains an inventory of spills to land and water. All spill sites have been classified under the “Transportation of Dangerous Goods Act - 1992”. Our inventory provides information on the facility name, location, spill ID #, spill date, type of spill, as well as the quantity of substance spilled & recovered. National Defence & Canadian Forces Waste Disposal Sites 2001, 2003 NDWD The Department of National Defence and the Canadian Forces maintains an inventory of waste disposal sites located on DND lands. Where available, our inventory provides information on the base name, location, type of waste received, area of site, depth of site, year site opened/closed and status. National Environmental Emergencies System (NEES) 1974-2003 NEES In 2000, the Emergencies program implemented NEES, a reporting system for spills of hazardous substances. For the most part, this system only captured data from the Atlantic Provinces, some from Quebec and Ontario and a portion from British Columbia. Data for Alberta, Saskatchewan, Manitoba and the Territories was not captured. However, NEES is also a repository for all previous Environment Canada spill datasets. NEES is composed of the historic datasets – or Trends – which dates from approximately 1974 to present. NEES Trends is a compilation of historic databases, which were merged and includes data from NATES (National Analysis of Trends in Emergencies System), ARTS (Atlantic Regional Trends System), and NEES. In 2001, the Emergencies Program determined that variations in reporting regimes and requirements between federal and provincial agencies made national spill reporting and trend analysis difficult to achieve. As a consequence, the department has focused efforts on capturing data on spills of substances which fall under its legislative authority only (CEPA and FA). As such, the NEES database will be decommissioned in December 2004. National PCB Inventory 1988-June 2004 NPCB Environment Canada’s National PCB inventory includes information on in-use PCB containing equipment in Canada including federal, provincial and private facilities. All federal out-of-service PCB containing equipment and all PCB waste owned by the federal government or by federally regulated industries such as airlines, railway companies, broadcasting companies, telephone and telecommunications companies, pipeline companies, etc. are also listed. Although it is not Environment Canada’s mandate to collect data on non-federal PCB waste, the National PCB inventory includes some information on provincial and private PCB waste and storage sites. National Pollutant Release Inventory 1993-2005 NPRI Environment Canada has defined the National Pollutant Release Inventory (“NPRI”) as a federal government initiative designed to collect comprehensive national data regarding releases to air, water, or land, and waste transfers of 178 specified substances. -2- Parks Canada Fuel Storage Tanks 1920-Jan 2005 PCFT Canadian Heritage maintains an inventory of all known fuel storage tanks operated by Parks Canada, in both National Parks and at National Historic Sites. The database details information on site name, location, tank install/removal date, capacity, fuel type, facility type, tank design and owner/operator. Transport Canada Fuel Storage Tanks 1970- March 2007 TCFT Within the provinces of BC, MB, NB, NF, ON, PE, and QC; Transport Canada currently owns and operates 90 fuel storage tanks. Our inventory provides information on the site name, location, tank age, capacity and fuel type. Provincial Government Source Databases: Abandoned Aggregate Inventory Up to Sept 2002 AAGR The MAAP Program maintains a database of all abandoned pits and quarries. Please note that the database is only referenced by lot and concession and city/town location. The database provides information regarding the location, type, size, land use, status and general comments. Aggregate Inventory Up to Oct 2007 AGR The Ontario Ministry of Natural Resources maintains a database of all active pits and quarries. Please note that the database is only referenced by lot\concession and city/town location. The databases provides information regarding the registered owner/operator, location, status, licence type, and maximum tonnage. Abandoned Mines Information System 1800- 2005 AMIS The Abandoned Mines Information System contains data on known abandoned and inactive mines located on both Crown and privately held lands. The information was provided by the Ministry of Northern Development and Mines (MNDM), with the following disclaimer: “the database provided has been compiled from various sources, and the Ministry of Northern Development and Mines makes no representation and takes no responsibility that such information is accurate, current or complete”. Reported information includes official mine name, status, background information, mine start/end date, primary commodity, mine features, hazards and remediation. Certificates of Approval 1985-Sept 2002 CA This database contains the following types of approvals: Certificates of Approval (Air) issued under Section 9 of the Ontario EPA; Certificates of Approval (Industrial Wastewater) issued under Section 53 of the Ontario Water Resources Act (“OWRA”); and Certificates of Approval (Municipal/Provincial Sewage and Waterworks) issued under Sections 52 and 53 of the OWRA. Coal Gasification Plants 1987, 1988* COAL This inventory of all known and historical coal gasification plants was collected by the Ministry of Environment. It identifies industrial sites that produced and continue to produce or use coal tar and other related tars. Detailed information is available and includes: facility type, size, landuse, soil condition, site operators/occupants, site description, and potential environmental impacts. This information is effective to 1988, but the program has since been discontinued. Compliance and Convictions 1989- Sept 2007 CONV This database summarizes the fines and convictions handed down by the Ontario courts beginning in 1989. Companies and individuals named here have been found guilty of environmental offenses in Ontario courts of law. -3- Drill Holes 1886-2005 DRL The Ontario Drill Hole Database contains information on more than 113,000 percussion, overburden, sonic and diamond drill holes from assessment files on record with the department of Mines and Minerals. Please note that limited data is available for southern Ontario, as it was the last area to be completed. The database was created when surveys submitted to the Ministry were converted in the Assessment File Research Image Database (AFRI) project. However, the degree of accuracy (coordinates) as to the exact location of drill holes is dependent upon the source document submitted to the MNDM. Levels of accuracy used to locate holes are: centering on the mining claim; a sketch of the mining claim; a 1:50,000 map; a detailed company map; or from submitted a “Report of Work”. Environmental Registry 1994-July 2003* EBR The Environmental Registry lists proposals, decisions and exceptions regarding policies, Acts, instruments, or regulations that could significantly affect the environment. Through the Registry, provincial ministries notify the public of upcoming proposals and invite their comments. For example, if a local business is requesting a permit, licence, or certificate of approval to release substances into the air or water; these are notified on the registry. Ontario Regulation 347 Waste Generators Summary 1986-2005 GEN Regulation 347 of the Ontario EPA defines a waste generation site as any site, equipment and/or operation involved in the production, collection, handling and/or storage of regulated wastes. A generator of regulated waste is required to register the waste generation site and each waste produced, collected, handled, or stored at the site. This database contains the registration number, company name and address of registered generators including the types of hazardous wastes generated. This information is a summary of all years from 1986 including the most currently available data. Some records may contain, within the company name, the phrase “See & Use…” followed by a series of letters and numbers. This occurs when one company is amalgamated with or taken over by another registered company. The number listed as “See & Use”, refers to the new ownership and the other identification number refers to the original ownership. This phrase serves as a link between the 2 companies until operations have been fully transferred. Mineral Occurrences 1846-Oct 2007 MNR In the early 70’s, the Ministry of Northern Development and Mines created an inventory of approximately 19,000 mineral occurrences in Ontario, in regard to metallic and industrial minerals, as well as some information on building stones and aggregate deposits. Please note that the “Horizontal Positional Accuracy” is approximately +/- 200 m. Many reference elements for each record were derived from field sketches using pace or chain/tape measurements against claim posts or topographic features in the area. The primary limiting factor for the level of positional accuracy is the scale of the source material. The testing of horizontal accuracy of the source materials was accomplished by comparing the planimetric (X and Y) coordinates of that point with the coordinates of the same point as defined from a source of higher accuracy. Non-Compliance Reports 1992(water only), 1994-2005 NCPL The Ministry of the Environment provides information about non-compliant discharges of contaminants to air and water that exceed legal allowable limits, from regulated industrial and municipal facilities. A reported non-compliance failure may be in regard to a Control Order, Certificate of Approval, Sectoral Regulation or specific regulation/act. Ontario Oil and Gas Wells 1800-Oct 2006 OOGW In 1998, the MNR handed over to the Ontario Oil, Gas and Salt Resources Corporation, the responsibility of maintaining a database of oil and gas wells drilled in Ontario. Information available for all wells in the ERIS database include well owner/operator, location, permit start date, well cap date, licence number, status, depth and the primary target (rock unit) of the well being drilled. Ontario Inventory of PCB Storage Sites 1987-Oct 2004 OPCB The Ontario Ministry of Environment, Waste Management Branch, maintains an inventory of PCB storage sites within the province. Ontario Regulation 11/82 (Waste Management - PCB) and Regulation 347 (Generator Waste Management) under the Ontario EPA requires the registration of inactive PCB storage equipment and/or disposal sites of PCB waste with the Ontario Ministry of Environment. This database contains information on: 1) waste quantities; 2) major and minor sites storing liquid or solid waste; and 3) a waste storage inventory. -4- Ministry Orders 1995-1996 ORD Control Orders/Documents are enforcement actions issued by the Ministry of the Environment to deal with environmental violations. They clarify and allocate individual/joint liability when issuing clean-up orders for contaminated sites. Occurrence Reporting Information System 1988-2002 ORIS This database identifies sources, effects/actions and approximate locations of spills and occurrences within Ontario. The locations identified on the locator diagram refer to the facility responsible for the spill. The actual location of the spill can be derived from the descriptions provided in the detailed report. Pesticide Register 1988-Sept 2007 PES The Ontario Ministry of Environment maintains a database of all manufacturers and vendors of registered pesticides. Private and Retail Fuel Storage Tanks 1989-1996* PRT The Fuels Safety Branch of the Ontario Ministry of Consumer and Commercial Relations maintained a database of all registered private fuel storage tanks and licensed retail fuel outlets. This database includes an inventory of locations that have gasoline, oil, waste oil, natural gas and/or propane storage tanks on their property. The MCCR no longer collects this information. This information is now collected by the Technical Standards and Safety Authority. Ontario Regulation 347 Waste Receivers Summary 1986-2005 REC Part V of the Ontario Environmental Protection Act (“EPA”) regulates the disposal of regulated waste through an operating waste management system or a waste disposal site operated or used pursuant to the terms and conditions of a Certificate of Approval or a Provisional Certificate of Approval. Regulation 347 of the Ontario EPA defines a waste receiving site as any site or facility to which waste is transferred by a waste carrier. A receiver of regulated waste is required to register the waste receiving facility. This database represents registered receivers of regulated wastes, identified by registration number, company name and address. This information is a summary of all years from 1986 including the most currently available data. Record of Site Condition 1997-Sept 2001, Oct 2004-Sept 2007 RSC The Record of Site Condition (RSC) is part of the Ministry of the Environment’s Brownfields Environmental Site Registry. Protection from environmental cleanup orders for property owners is contingent upon documentation known as a record of site condition (RSC) being filed in the Environmental Site Registry. In order to file an RSC, the property must have been properly assessed and shown to meet the soil, sediment and groundwater standards appropriate for the use, such as residential, proposed to take place on the property. The Record of Site Condition Regulation (O. Reg. 153/04) details requirements related to site assessment and clean up. Information available includes Registration Number, Filing Owner, Property Address, Filing Date and Municipality. Wastewater Discharger Registration Database 1990-1998 SRDS Information under this heading is combination of the following 2 programs. The Municipal/Industrial Strategy for Abatement (MISA) division of the Ontario Ministry of Environment maintained a database of all direct dischargers of toxic pollutants within nine sectors including: Electric Power Generation; Mining; Petroleum Refining; Organic Chemicals; Inorganic Chemicals; Pulp & Paper; Metal Casting; Iron & Steel; and Quarries. All sampling information is now collected and stored within the Sample Result Data Store (SRDS). Waste Disposal Sites - MOE CA Inventory 1970-Sept 2002 WDS The Ontario Ministry of Environment, Waste Management Branch, maintains an inventory of known open (active or inactive) and closed disposal sites in the Province of Ontario. Active sites maintain a Certificate of Approval, are approved to receive and are receiving waste. Inactive sites maintain Certificate(s) of Approval but are not receiving waste. Closed sites are not receiving waste. The data contained within this database was compiled from the MOE's Certificate of Approval database. Locations of these sites may be cross-referenced to the Anderson database described under ERIS’s Private Source Database section, by the CA number. -5- Waste Disposal Sites - MOE 1991 Historical Approval Inventory Up to Oct 1990* WDSH In June 1991, the Ontario Ministry of Environment, Waste Management Branch, published the "June 1991 Waste Disposal Site Inventory", of all known active and closed waste disposal sites as of October 30st, 1990. For each "active" site as of October 31st 1990, information is provided on site location, site/CA number, waste type, site status and site classification. For each "closed" site as of October 31st 1990, information is provided on site location, site/CA number, closure date and site classification. Locations of these sites may be cross-referenced to the Anderson database described under ERIS’s Private Source Database section, by the CA number. Water Well Information System 1955-2006 WWIS This database describes locations and characteristics of water wells found within Ontario in accordance with Regulation 903. Geographic coordinates are reliable according to the given percentage. Wells that are identified with lot and concession only are available upon request and would be provided as a separate report. Private Source Databases: Anderson’s Waste Disposal Sites 1930-March 2007 ANDR The information provided in this database was collected by examining various historical documents which aimed to characterize the likely position of former waste disposal sites from 1860 to present. The research initiative behind the creation of this database was to identify those sites that are missing from the Ontario MOE Waste Disposal Site Inventory, as well as to provide revisions and corrections to the positions and descriptions of sites currently listed in the MOE inventory. In addition to historic waste disposal facilities, the database also identifies certain auto wreckers and scrap yards that have been extrapolated from documentary sources. Please note that the data is not warranted to be complete, exhaustive or authoritive. The information was collected for research purposes only. Automobile Wrecking & Supplies 2001-Feb 2007 AUWR This database provides an inventory of all known locations that are involved in the scrap metal, automobile wrecking/recycling, and automobile parts & supplies industry. Information is provided on the company name, location and business type. Commercial Fuel Oil Tanks 1948-Sept 2006 CFOT Since May 2002, Ontario developed a new act where it became mandatory for fuel oil tanks to be registered with TSSA. This data would include all commercial underground fuel oil tanks in Ontario with fields such as location, registration number, tank material, age of tank and tank size. Chemical Register 1992, 1999-Feb 2007 CHEM This database includes information from both a one time study conducted in 1992 and private source and is a listing of facilities that manufacture or distribute chemicals. The production of these chemical substances may involve one or more chemical reactions and/or chemical separation processes (i.e. fractionation, solvent extraction, crystallization, etc.). ERIS Historical Searches 1999-2006 EHS EcoLog ERIS has compiled a database of all environmental risk reports completed since March 1999. Available fields for this database include: site location, date of report, type of report, and search radius. As per all other databases, the ERIS database can be referenced on both the map and “Statistical Profile” page. Fuel Storage Tanks Current to August 2007 FST The TSSA, under the Technical Standards & Safety Act of 2000 maintains a database of registered private and retail fuel storage tanks in Ontario with fields such as location, tank status, license date, tank type, tank capacity, fuel type, installation year and facility type. -6- Canadian Mine Locations 1998-2006 MINE This information is collected from the Canadian & American Mines Handbook. The Mines database is a national database that provides over 290 listings on mines (listed as public companies) dealing primarily with precious metals and hard rocks. Listed are mines that are currently in operation, closed, suspended, or are still being developed (advanced projects). Their locations are provided as geographic coordinates (x, y and/or longitude, latitude). As of 2002, data pertaining to Canadian smelters and refineries has been appended to this database. Oil and Gas Wells Oct 2001-May 2007 OGW The Nickle’s Energy Group (publisher of the Daily Oil Bulletin) collects information on drilling activity including operator and well statistics. The well information database includes name, location, class, status and depth. The main Nickles’ database is updated on a daily basis, however, this database is updated on a monthly basis. More information is available at www.nickles.com. Canadian Pulp and Paper 1999, 2002, 2004, 2005 PAP This information is part of the Pulp and Paper Canada Directory. The Directory provides a comprehensive listing of the locations of pulp and paper mills and the products that they produce. Retail Fuel Storage Tanks 2000-Feb 2007 RST This database includes an inventory of retail fuel outlet locations (including marinas) that have on their property gasoline, oil, waste oil, natural gas and / or propane storage tanks. Information is provided on company name, location and type of business. Scott’s Manufacturing Directory 1992-Jan 2007 SCT Scott’s Directories is a data bank containing information on over 70,000 manufacturers in Ontario. Even though Scott’s listings are voluntary, it is the most comprehensive database of Ontario manufacturers available. Information concerning a company’s address, plant size, and main products are included in this database. This database begins with 1992 information and is updated annually. Anderson’s Storage Tanks 1915-1953* TANK The information provided in this database was collected by examining various historical documents, which identified the location of former storage tanks, containing substances such as fuel, water, gas, oil, and other various types of miscellaneous products. Information is available in regard to business operating at tank site, tank location, permit year, permit & installation type, no. of tanks installed & configuration and tank capacity. Data contained within this database pertains only to the city of Toronto and is not warranted to be complete, exhaustive or authoritative. The information was collected for research purposes only. -7- APPENDIX C Environmental Regulatory Overview Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario Page C1 ENVIRONMENTAL REGULATORY OVERVIEW C-1 ABOVEGROUND AND UNDERGROUND STORAGE TANKS As of June 27, 2001, fuel storage in Ontario is regulated by the Technical Standards and Safety Act, Ontario Regulation (O.Reg.) 213/01 for Fuel Oil (Fuel Oil Regulation) and O.Reg. 217/01 for Liquid Fuels (Liquid Fuels Regulation) and, where the Technical Standards and Safety Act and its regulations are not applicable, the Ontario Fire Code. In general, the Liquid Fuels Regulation (which replaces the former Gasoline Handling Regulation, O.Reg. 521/93) in conjunction with the Liquid Fuels Handling Code, as adopted by the Technical Standards and Safety Authority – Fuel Safety Branch (TSSA) (which replaces the former Gasoline Handling Code), applies to facilities where gasoline or an associated product is handled, loaded or dispensed to be used as a fuel in motor vehicles or as a fuel oil (i.e., O.Reg. 217/01, s. 2 (1)). In addition, the Fuel Oil Regulation (which replaces the former Fuel Oil Code, O.Reg. 329/90), in conjunction with the current Canadian Standards Association (CSA) code (CSA-B139-00) Installation Code for Oil-Burning Equipment (which replaces the former CSA B139-M89), applies to the installation, testing maintenance, repair, removal, replacement, inspection and use of appliances, equipment, components and accessories where fuel oil is to be used as a fuel (i.e., O.Reg. 213/01, s. 2 (1)). The Fuel Oil Regulation also applies to the maintenance, modification and specified upgrading of existing equipment and to all new equipment (i.e., O.Reg. 213/01, s. 2 (2)). Numerous specific regulations and codes exist for the installation and construction of storage tanks, monitoring equipment and associated connections. Generally speaking, the Technical Standards and Safety Act sets out the requirements, duties and powers of the TSSA, while each of the specific fuels applications have their own regulations under the Act. These regulations set out the specific fuel applications and adopt the appropriate technical code for each fuel application. However, when necessary, exceptions to the National Codes (e.g., Ontario Fire Code) are set out in the Liquid Fuels Handling Code Adoption Document (CAD), which has been adopted into the Liquid Fuels Handling Regulation. Unless otherwise specified in the CAD, the new codes are effective October 1, 2001. According to discussions with the TSSA, in Ontario, aboveground storage tanks (ASTs) for retail purposes only and all underground storage tanks (USTs) installed under the Liquid Fuels Regulation require registration with the TSSA. Watters Environmental Group Inc. Reference No. 07-0072 CONFIDENTIAL March 31, 2008 Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario Page C2 The Liquid Fuels Handling Code has the following key requirements for ASTs: Secondary containment is required for ASTs of a capacity of 5,000 litres or greater (Section 3.3.1.1.3); The containment dike for an AST shall have a capacity to contain at least 110% of the capacity of the tank, or where the dike contains more than one tank, it shall contain the capacity of the largest tank plus 10% of the aggregate capacity of all other tanks, or 100% of the largest tank, whichever is greater (Section 3.3.1.2.1); and ASTs installed without dikes shall be equipped with an overfill protection device and shall have a spill containment device (Section 3.3.2.2). The Liquid Fuels Handling Code has the following key requirements for USTs: Where an UST is not used up to 180 days, the owner or operator shall ensure that (i) monthly inspections are conducted (Section 2.4.1.1), (ii) all product is removed from the tank (Section 2.4.1.3), all dispensing or transfer equipment to the tank and fill and gauge pipe covers are locked (Section 2.4.1.3), (iii) any corrosion protection system(s) are maintained in operation (Section 2.4.1.3), and (iv) water infiltration is monitored monthly (Section 2.4.1.3); Where an UST is out of service for 2 years, the owner of the tank and equipment and/or the owner of the property on which the tank is located shall remove the tank and all connected piping and associated equipment for that tank from the ground (Section 2.4.1.6); and As of October 1, 2001 all newly installed USTs and ancillary piping must be double walled with interstitial space monitoring. C-2 WASTE GENERATION, STORAGE AND DISPOSAL Regulatory control of subject and hazardous wastes (both liquid and solid) in Ontario is the responsibility of the Ministry of the Environment (MOE). Watters Environmental Group Inc. Reference No. 07-0072 CONFIDENTIAL March 31, 2008 Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario Page C3 O.Reg. 347 made under the Ontario Environmental Protection Act (EPA) outlines the specific regulatory requirements of waste generation, handling and disposal in Ontario. Section 18 of O.Reg. 347 made under the EPA requires that a Subject Waste Generator Registration Number be obtained from the MOE if the facility generates “Subject Waste” (i.e., hazardous, liquid industrial or registerable solid waste as defined by O.Reg. 347) beyond the small quantities exemption listed in Section 18(15) of O.Reg. 347. An application must also be made to the MOE if any changes to the process alter the nature, type or volume of waste generated at a property. A waste generator is required to report to the MOE any registered waste that has been stored on a property longer than three months (Section 18(10) of O.Reg. 347 made under the EPA). O.Reg. 102 Part II requires that a retail establishment, occupying a floor area of at least 10,000 square metres, conducts a waste audit, prepares and implements a waste reduction work plan, and updates the waste audit and work plan on annual basis. O.Reg. 103 Section 6 requires that a retail shopping complex, occupying a total floor area of at least 10,000 square metres, implements a source separation recycling program. The recycling program would include the recycling of six designated recyclable materials as specified in Schedule of the Regulation (i.e., aluminum food or beverage cans, cardboard, fine paper, glass bottle and jars for food and beverages, newsprint and steel food or beverage cans). C-3 WASTEWATER DISCHARGE Regulatory control of water taking and discharging from natural systems in Ontario is the responsibility of the MOE. According to the Ontario Water Resources Act (OWRA), a Permit To Take Water is required if greater than 50,000 litres per day of water is taken from a natural system (such as a lake, river or groundwater), and a Certificate-of-Approval (C-of-A) (Industrial Sewage) is required for the discharge of a contaminant into a natural watercourse. Regulatory control of wastewater discharges to the municipal sewer system is the responsibility of the City of Burlington, and the effluent quality must meet the City of Burlington’s By-Law 86-2002 requirements. C-4 AIR EMISSIONS In Ontario, regulatory control of air emissions to the natural environment is the responsibility of the MOE. Watters Environmental Group Inc. Reference No. 07-0072 CONFIDENTIAL March 31, 2008 Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario Page C4 Section 9 of the EPA requires that a C-of-A (Air & Noise) be obtained for the construction or modification of any equipment that may result in the discharge of a contaminant into the natural environment (other than water). Air quality and atmospheric emissions are addressed specifically by O.Reg. 419 made under the EPA, which came into effect on November 30, 2005. The Regulation consists of Part I to Part III, and Schedule 1 to 7 as follows: Part I: Interpretation and Application Part II: Contaminant Concentrations and Dispersion Modelling Part III: Miscellaneous Schedule 1 Standards with Half Hour Averaging Times Schedule 2 Updated Standards with Half Hour Averaging Times Schedule 3 Standards with Variable Averaging Times Schedule 4 Target Sectors for 2010 Schedule 5 Target Sectors for 2013 Schedule 6 Upper Risk Thresholds Schedule 7 Contaminants with Updated Standards Presently, a micro-computer Air Dispersion Model, developed by the MOE, or any other air dispersion model acceptable to the MOE, may be used to predict contaminant concentrations. However, O.Reg. 419 requires that new dispersion models (AERMOD, ISCPRIME, SCREEN3 or ISCST3) be used, which will be implemented in phases over a period of 15 years. “Target sectors” (based on NAICS codes) are identified for implementation in 2010 (Schedule 4) and 2013 (Schedule 5). All other facilities must use the new models by 2020. Watters Environmental Group Inc. Reference No. 07-0072 CONFIDENTIAL March 31, 2008 Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario Page C5 O.Reg. 524/98 (amended by Regulation 110/07) provides a list of specific equipment and conditions that are exempt from the requirement of a C-of-A (Air & Noise). Some of these situations may be applicable to the Site include the following: Fuel burning equipment used for comfort heating in a building using natural gas, propane or Number 2 oil (with a sulphur content of 0.5 percent or less) at a rate of less than 1.58 million kilojoules per hour (kJ/h) (1.5 million British Thermal units per hour); Fuel burning equipment used solely for the purpose of comfort heating in a dwelling used for the housing of not more than three families; Equipment for the preparation of food or beverages in a domestic residence, restaurant, snack bar, cafeteria, banquet hall or similar facility; or Any equipment, apparatus, mechanism or thing that is used for cleaning operations, if only aqueous detergent is used (i.e., laundry dryers and irons are exempt). C-5 SPILLS, RELEASES AND EMERGENCY RESPONSE Spills from industrial facilities in Ontario fall under the requirements of the EPA, the OWRA and the Gasoline Handling Act. In general, the legislation requires that measures be taken to prevent spills and if a spill occurs that measure be taken to prevent or minimize any adverse effect that might result. Notification of the appropriate authorities is also required. In particular, Section 92 of the EPA requires that that MOE and the local municipality be notified of a spill that “causes or is likely to cause an adverse effect.” Section 30(1) of the OWRA also requires the notification of MOE in the event of a discharge to waters that “may impair the quality of the water.” Spills from ASTs and USTs regulated by the Liquid Fuels Regulation are required to be reported to the TSSA. Watters Environmental Group Inc. Reference No. 07-0072 CONFIDENTIAL March 31, 2008 Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario Page C6 In the event of a spill, it is the responsibility of the person and/or company responsible for the spill to demonstrate that all practicable measures were taken to prevent a spill from occurring in the first place. It is therefore important that a facility have a Spill Prevention, Control and Countermeasures (SPCC) plan in order to reduce the likelihood of spills, ensure proper notification, containment and remediation measures. SPCC plans will vary significantly based on the nature of the site and operation, but certain basic elements remain the same. The MOE has a guidance document, entitled “Planning for Spill Contingencies”, which, according to the MOE Spills Action Centre, was updated in February 2000. C-6 ASBESTOS CONTAINING MATERIALS Asbestos-containing materials (ACMs) are fibrous hydrated silicates, and can be found in building materials as either “friable” or “non-friable” asbestos products. Friable asbestos refers to materials that can be readily crumbled, pulverized or powdered using hand pressure when dry (or that is crumbled, pulverized or powdered), separating asbestos fibres from the binding materials with which they are associated. Non-friable material refers to asbestos that is associated with a binding agent (such as tar or cement), preventing ready release of airborne fibres. Friable asbestos is commonly found in boilers, sprayed-on fireproofing and pipe insulation. Non-friable asbestos is typically found in roofing tars, floor and ceiling tiles, and precast asbestos cement products commonly referred to as “Transite”. Asbestos in the workplace is defined as a Designated Substance under the Ontario Occupational Health and Safety Act (OHSA). Under the OHSA, O.Reg. 838/90 (Regulation Respecting Asbestos on Construction Projects and in Buildings and Repair Operations) governs the safe handling of ACMs in the workplace. This regulation requires owners to notify work persons of the presence of friable ACMs once their presence has been confirmed. O.Reg. 838/90 also requires the implementation of an asbestos management plan until all ACMs have been removed from the buildings. ACMs were discontinued from use in Canada in the late 1970s/early 1980s, although non-friable asbestos is still found in many more recent buildings. Section 3 of O.Reg. 838/90 prohibited the installation of new asbestos-containing thermal insulation and fireproofing in 1985. The main method of confirming whether materials are asbestos-containing is to sample and analyze the suspect material. Alternatively, the asbestos content of a product can be determined by reviewing its Material Safety Data Sheet, or requesting a manufacturer to provide a written statement that its product does not contain asbestos (i.e., less than 0.5% in Ontario). Watters Environmental Group Inc. Reference No. 07-0072 CONFIDENTIAL March 31, 2008 Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario Page C7 Asbestos may become an issue during renovation, alteration, maintenance or demolition activities, or when ACMs are taken out-of-service. Materials identified as containing asbestos that are in poor condition should immediately be managed either by proper encapsulation or removal. The on-Site management and removal of ACMs is governed by the OHSA, and the removal and disposal of ACMs are governed by the specific regulations in the provincial EPA. Neither the OHSA nor EPA requires licensing, approval or registration of a property in which ACMs are identified. C-7 OZONE-DEPLETING SUBSTANCES Federal regulations introduced in 1995 required the elimination of production and import of CFCs by January 1, 1996 (subject to certain essential uses) and a freeze on the production and import of HCFC-22 by January 1, 1996. These regulations require the complete elimination of HCFC-22 by the year 2020. Since the regulations govern only the production and import of certain ozone-depleting substances (ODSs), they are allowed to be used in Canada as long as there is a supply in place. Eventually the supply will run out, and the present equipment will either need to be refitted or replaced. Watters Environmental understands, from several air conditioning companies, that there is a sufficient supply of CFCs and HCFC-22 in Canada for at least the next 10 years. The federal Hazardous Products Act (HPA) does not require the licensing, approval or registration of a property in which ODSs have been identified. In Ontario, regulatory control of refrigerants is the responsibility of the MOE. Section 6 (1) of the Refrigerants Regulation (O.Reg. 189/94) indicates no person shall service or test refrigeration equipment in any manner that has the potential for causing the discharge of a refrigerant into the natural environment unless, (a) the person is certified under section 21; and (b) the person has access to equipment that is capable of collecting and capturing the refrigerant. O.Reg. 189/94, s. 6 (1). Watters Environmental Group Inc. Reference No. 07-0072 CONFIDENTIAL March 31, 2008 Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario C-8 Page C8 LEAD IN PAINT Lead is a heavy metal and is typically found in three forms which are: metallic lead used to make pipes, electrical batteries, lead solder, and electric cable sheaths; inorganic compounds often occurring as components of products such as insecticides, pigments, paints, and glass; and organic lead compounds, the most commonly known of which are tetramethyl lead and tetraethyl lead, are used as antiknock additives to gasoline. The above products may produce lead contamination in air, dust, and soil, which can result in exposures through ingestion and/or inhalation. Lead exposure can result in damage to the kidneys, nervous system, and reproductive system. Lead exposure is a particular concern from lead paint dust during renovation, demolition, or construction activities, or from deterioration of wall coverings. Under the authority of the Federal Hazardous Products Act, the Hazardous Products (Liquid Coating Materials) Regulations were introduced in 1976 to protect the public from the toxic effects of lead by restricting the quantity of lead in paints to 0.5% (5,000 ppm). Thus, paints having a lead content greater than 0.5 % were historically considered to be lead-based. However, on April 19, 2005, the Surface Coating Materials Regulation, under the Hazardous Products Act, was enacted and the Hazardous Products (Liquid Coating Materials) Regulations were repealed. This new regulation now considers paint with a lead content greater than 0.06% (600 ppm) to be lead-based. Under the Occupational Health and Safety Act (OHSA) Regulation 843 (amended to O.Reg. 109/04) respecting lead, workers shall be protected from exposure to airborne lead. Workers are not at risk of being exposed to lead unless they are undertaking an activity that disturbs surfaces covered with lead-based paint. Special precautions are required during demolition activities to ensure that worker exposure to lead does not exceed the limits specified in the OHSA, and its associated regulations. Watters Environmental Group Inc. Reference No. 07-0072 CONFIDENTIAL March 31, 2008 Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario Page C9 All lead-based paint should be managed in accordance with Regulation 843 (amended to O.Reg. 109/04). The work should follow the requirements in the Ministry of Labour (MOL) document entitled “Guideline, Lead on Construction Projects,” dated September 2004. All demolition work should be conducted in a manner that will minimize disturbance of the materials that are coated with lead-based paint. Any work that will disturb these materials should be conducted by personnel wearing appropriate personal protective equipment, such as respiratory protection, gloves, and coveralls. Air quality monitoring should be conducted during handling of these materials to ensure that the lead concentrations in the air are within the acceptable limit prescribed by the OHSA. The materials should be disposed of in accordance with Regulation 347 (amended to O.Reg. 395/07). C-9 Polychlorinated Biphenyls According to PCB Regulation P.C. 2008-1659 enacted on September 5, 2008 under the Canadian Environmental Protection Act, 1999 Section 16 (1) states that end-of-use date regarding equipment containing PCB at concentration of 500 milligrams per kilogram [or 500 parts per million (ppm)] or more must be removed prior to December 31, 2009. In addition, Section 16 (2) states that end-of-use date regarding equipment containing PCB at concentration of 50 ppm or more, including light ballasts, must be removed prior to December 31, 2025. Watters Environmental Group Inc. Reference No. 07-0072 CONFIDENTIAL March 31, 2008 APPENDIX D Qualifications of Watters Environmental and Key Personnel Involved with this Phase I ESA Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario Page D1 QUALIFICATIONS OF WATTERS ENVIRONMENTAL AND KEY PERSONNEL INVOLVED WITH THIS PHASE I ESA D-1 WATTERS ENVIRONMENTAL GROUP INC. Watters Environmental Group Inc. (Watters Environmental) offers a strategic business-focused approach in assisting our clients to proactively manage environmental issues, and to find practical solutions when environmental issues arise. We are an employee-owned environmental consulting company that prides itself on uncompromising dedication to service quality and client satisfaction. We understand our client’s needs for timeliness of response, and innovative, technically-sound solutions to their problems. Watters Environmental brings together a team of experts in the related technical disciplines of environmental due diligence, environmental site assessment, environmental management systems, and environmental permitting. In addition, the team offers specialty-consulting services including technical peer review, litigation support, environmental risk assessment, and forensic environmental investigations. Our team consists of recognized leaders in their disciplines, with real-world industry experience that allows Watters Environmental to provide cost-effective solutions to our clients. Our executive team has worked together for more than 10 years, and has built lasting relationships with loyal, repeat clients who have come to rely upon us for our spirit of working closely with them to resolve their issues as if they were our own. Senior staff members are some of the most experience individuals in the industry, most with 15 to 20 years of environmental consulting experience. Our employees are highly motivated and pride themselves in being innovative and client focused. Major corporations, law firms, lending institutions, investors and municipalities routinely call upon us to assist them with complex real estate transactions, or to help manage complicated environmental issues. Watters Environmental Group Inc. Reference No. 07-0072 CONFIDENTIAL March 31, 2008 Phase I Environmental Site Assessment Appleby Mall 5111 New Street and 499 & 505 Appleby Line, Burlington, Ontario D-2 Page D2 KEVIN FRENCH, P.ENG., QPESA – VICE PRESIDENT Kevin is a Qualified Person and Vice President with Watters Environmental, primarily providing senior client/project management and technical support on environmental due diligence and environmental site assessment projects for corporate clients, and to the legal and financial sectors. Kevin is also responsible for internal quality assurance/quality control on ESA projects within the company. Kevin is a licensed professional engineer, with over 19 years experience specializing in peer review, environmental due diligence, environmental site assessment, and decommissioning/ remediation activities. He also has specific expertise in the investigation and assessment of soil, bedrock and groundwater impacted by such environmental contaminants as petroleum hydrocarbons, chlorinated solvents, polychlorinated biphenyls, coal tar and heavy metals at sites across Canada. Kevin has extensive experience in developing and implementing cost effective environmental site remediation programs, including the use of Site-Specific Risk Assessments and interactive waste minimization techniques. D-3 HALI ZIGOMANIS – SITE ASSESSMENT SPECIALIST Hali is a Site Assessment Specialist with Watters Environmental, with over ten years experience in providing technical support on environmental site assessments for a variety of clients, including property management groups, utilities, law firms, conservation authorities and investment banks. Her project experience includes several due diligence reviews for a number of real estate portfolios. Watters Environmental Group Inc. Reference No. 07-0072 CONFIDENTIAL March 31, 2008