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Changes to the Legal Agreement

The Port Hope Area Initiative (PHAI) Legal Agreement sets the framework for how historic low-level radioactive waste (LLRW) in the community is managed safely and responsibly. Originally developed in 2001 through a partnership between the Government of Canada and local municipalities, the agreement guides remediation, restoration, and long-term waste management in Port Hope.

Click here for more information about the legal agreement.

Click on image at right for recent updates.

 

Frequently Asked Questions

 

What is “eligible waste”?

Historic low-level radioactive waste is defined by a list of 21 Contaminants of Potential Concern. In years 21-100 after the PHAI ends, eligible waste is defined as radiological material only – Radium, Uranium and Thorium.

How will a property owner know if they have “eligible” waste?

If they have participated in the PHAI there will be a record of waste on their property.  If they have not participated, there will be a trigger for the Construction Monitoring Program to scan soils for the presence of waste.

When is the facility (Port Hope Long-Term Waste Management Facility – LTWMF) closing?

The PHAI is expected to be completed in 2031/2032 with the mound capped and closed then.

Can I wait until just before it closes to make the decision to participate?

To meet the timelines for the PHAI, there will be an end date to participate in PHAI activities.

From year 21-100, do owners have to use an approved contractor?  How are those contractors identified? Will they require specialized equipment and training?

There is no need for specialized contractors or trucking after the PHAI ends.

Where is the facility that homeowners will need to transfer their eligible waste to, from year 21-100? Do we have an idea how much that might cost?

The Port Hope Long-Term Waste Management Facility is the only place that will accept radiological material.  Cost to be determined.

Are properties still going to be eligible for PVP, up to the 100-year mark?

No, properties that have a special circumstances application are not eligible for PVP.  The programme itself concludes two years after the PHAI ends.

Will properties still receive a compliance letter or should/can they still request a Radiological Status Letter (RSL)?

Properties may request an RSL after the PHAI ends.  Compliance letters will be issued to properties that participated in the PHAI.

Are we doing this because we ran out of money?

Money is not the only concern used in making the decision, but budget and schedule are considerations.

Does a Special Circumstance agreement run with the land and bind future owners?

A Special Circumstance applies to the property for the duration of the liability period (i.e. 100 years) unless the material is removed from the property in the future, at which point the Special Circumstance is removed from the property. Nothing is put on title to the property; a Special Circumstance is tracked by CNL and the property owner.

Can a future owner require/request full remediation and have it covered by PHAI or only remove soil at their own expense?

After the PHAI is complete, a future property owner, if they want any remaining LLRW removed from their property, is responsible for the costs of excavation and restoration. For the first 20 years after the PHAI ends, the cost of transportation and the disposal of LLRW is paid by the Government of Canada. From years 21-100 after the PHAI ends, the property owner is responsible for the transportation of radiological material to the LTWMF. Soil containing metals only must be managed provincially.

Is there any compensation if a Special Circumstance property sells for less than a fully remediated property? And how does that work?

No, there will be no compensation offered. However, the records do not show loss of value in home sales overall.

Is there any compensation if a homeowner refuses remediation and later suffers a loss in value?

No, there will be no compensation offered.

Is there any compensation for neighbouring properties affected by nearby Special Circumstances or refused remediations?

No, there will be no compensation offered.

Who should residents contact with questions?

Residents can connect with a Communications Officer at the CNL Public Information Office at 25 Henderson Street in Port Hope. Communication Officers are available Monday to Friday from 8:30am to 4:00pm. Residents can also call 905-885-0291 or visit phai.ca