DATE: February 06,2023

TO: Council Members

PREPARED BY: Smarth Oberoi, Senior Planner (Department of Planning)

1.0 TYPE OF REPORT CONSENT ITEM [x]

ITEM FOR CONSIDERATION [x]
Briefing note for the Municipality to address Remediation issue.

2.0 TOPIC

This briefing document aims to outline a plan for remediation and to help potential decision-
makers make an informed choice, offer them important background information, explore options,
and provide recommendation, and look for available funding sources.

3.0 BACKGROUND

The county has a brownfield site that has become contaminated, and the question of who will
bear the cost of remediation has arisen. The municipality has taken ownership of the land, but it
was transferred "as is," and there may be some legal questions as to who is responsible for the
remediation cost. The option of involving the private sector has also been discussed. In many
cases, the cost of remediation is a significant financial burden for local governments, who may
struggle to finance the necessary work without outside assistance. At the same time, private
sector involvement can help to bring new resources and expertise to the remediation process,
while also potentially reducing the financial burden on local governments.

4.0 PURPOSE

The purpose of this briefing note is to address the issue of who will incur the cost of remediation
for a brownfield site located in the county. The note will provide background information on the
issue, outline available options for resolving the issue, and make a recommendation on the best
course of action to take to ensure the efficient and effective resolution of the issue.

5.0 OPTIONS

Report Completed by Smarth Oberoi

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 Full Government Responsibility: The cost of remediation could be fully assumed by the
government, either through direct funding or by obtaining funding from other sources.
This option would ensure that the remediation work is carried out in a timely and
efficient manner but could place a significant financial burden on local governments.

 Private Sector Involvement: The private sector could be involved in the remediation
process, either through direct investment or through a public-private partnership. This
option would likely bring new resources and expertise to the process, but could also lead
to a transfer of some of the cost to the private sector.

 Responsibility on Other Parties: The cost of remediation could be placed on other parties,
such as the previous owners of the site, or the responsible parties for the contamination.
This option could be the most efficient way to address the issue but could also be difficult
to implement in practice.

6.0 RECOMMENDATIONS

Given the background information and the available options, it is recommended that the
government take a proactive approach to remediation, and that private sector involvement be
encouraged wherever possible. This could involve seeking funding from other sources or
entering public-private partnerships to support the remediation process.

7.0 ANALYSIS

 Previous Owners: The previous owners of the site could be held responsible for the
contamination and required to pay for or carry out the necessary remediation work. This
could be enforced through legal action or regulatory enforcement.

 Liable Parties: The responsible parties for the contamination, such as those who caused or
contributed to the contamination, could be held liable and required to pay for or carry out
the necessary remediation work. This could be enforced through legal action or
regulatory enforcement.

 Polluter Pays Principle: The principle of the polluter pays, which holds that those who
cause pollution should bear the cost of cleaning it up, could be applied in this situation.
This would require the responsible parties to pay for the remediation work.

 Financial Instruments: Financial instruments, such as environmental bonds or

environmental insurance, could be used to transfer the risk and cost of remediation from
the government to another party, such as the private sector.

 Contractual Obligations: The transfer of property could be subject to contractual

obligations, such as the requirement for the previous owners to carry out or pay for the
necessary remediation work.
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8.0 CONCLUSION

The issue of who should incur the cost of remediation for brownfield sites is an important one,
with implications for both local governments and the private sector. By taking a proactive
approach, and seeking to engage the private sector wherever possible, local governments can
ensure that the necessary remediation work is carried out efficiently and effectively, while also
promoting sustainable development in the community.
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Appendix A: References