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GOT DIRT?

Understanding terminology in Ontario's excess soil regulations

 

Definitions

Interim/Temporary Site

Definitions

Class 1 Soil Management Site: Temporary off-site soil bank/soil processing area

A temporary Waste Disposal Site such as a Soil Bank Storage Site or a Soil Processing Site.

Soil Bank Storage Site: Temporary off-site soil storage area (with ECA)

A Class 1 Soil Management Site at which Excess Soil is managed on a temporary basis and is operated by a person (not the Project Leader) for the primary purpose of storing Excess Soil from one or more Projects until the Soil can be transported to a site for final placement or disposal (requires an ECA).

Soil Processing Site: Temporary off-site soil processing area (with ECA)

A Class 1 Soil Management Site at which Excess Soil is managed on a temporary basis, that is operated for the primary purpose of processing Excess Soil in order to reduce contaminants (requires an ECA).

Local Waste Transfer Facility: Regulated under O.Reg. 347

As defined under Regulation 347, if the Local Waste Transfer Facility is operated by a Public Body or by a Project Leader in respect of an Infrastructure Project, any excavated Soil stored at the Local Waste Transfer Facility may be processed at the facility by a methods specified in Section 6 of the Regulation.

Class 2 Soil Management Site: Temporary off-site location up to 10,000m3 (no ECA)

A temporary Waste Disposal Site, other than a Class 1 soil management site, at which Excess Soil is managed on a temporary basis and that is located on a property owned by a Public Body or by the Project Leader, or operated by the Project Leader for the Project from which the Excess Soil was excavated.

Tracking System: Developed/applied to track loads of Excess Soil in transit

If Registry filing is required, the Project Leader is required to file a notice under Section 8 of the Regulation before removing Project Area Soil that will become Excess Soil once removed, and develop and apply a Tracking System, in accordance with the Soil Rules, to track each load of Excess Soil during its transportation and deposit at a Reuse Site, Class 1 Soil Management Site, Local Waste Transfer Facility, Landfilling Site or Dump, and any transportation to and from a Class 2 Soil Management Site.

Disposal Site

Definitions

Dump: Final waste destination

Same meaning as in Regulation 347: means a waste disposal site where waste is deposited without cover material being applied at regular intervals.

 

Landfilling (Site): Final waste destination

Same meaning as in Regulation 347: means the disposal of waste by deposit, under controlled conditions, on land or on land covered by water, and includes compaction of the waste into a cell and covering the waste with cover materials at regular intervals.

 

Waste Disposal Site: Final waste destination

Various types as described in Regulation 347.

 

Tracking System: Developed/applied to track loads of Excess Soil in transit

If Registry filing is required, the Project Leader is required to file a notice under Section 8 of the Regulation before removing Project Area Soil that will become Excess Soil once removed, and develop and apply a Tracking System, in accordance with the Soil Rules, to track each load of Excess Soil during its transportation and deposit at a Reuse Site, Class 1 Soil Management Site, Local Waste Transfer Facility, Landfilling Site or Dump, and any transportation to and from a Class 2 Soil Management Site.

 

Infrastructure Projects

Definitions

Infrastructure: For Municipal/Provincial/Federal facilities or systems located in Ontario

“Infrastructure” means all physical structures, facilities and corridors relating to,

  1. public highways,
  2. transit lines and railways,
  3. gas and oil pipelines,
  4. sewage collection systems and water distribution systems,
  5. stormwater management systems,
  6. electricity transmission and distribution systems,
  7. telecommunications lines and facilities, including broadcasting towers,
  8. bridges, interchanges, stations and other structures, above and below ground, that are required for the construction, operation or use of the items listed in clauses (a) to (g), or
  9. rights of way required in respect of existing or proposed infrastructure listed in clauses (a) to (h).

 

Excess Soil Project

Definitions

Project: Source Site

Involves the excavation of Soil and includes any form of development or site alteration; the construction, reconstruction, erecting or placing of a building or structure of any kind; the establishment, replacement, alteration or extension of Infrastructure; or any removal of Liquid Soil or sediment from a surface water body.

Project Area: Source Area

In respect of a Project, a single property or adjoining properties on which the Project is carried out.

Soil Processing Site: Temporary off-site soil processing area (with ECA)

A Class 1 Soil Management Site at which Excess Soil is managed on a temporary basis, that is operated for the primary purpose of processing Excess Soil in order to reduce contaminants (requires an ECA).

Adjoining Properties: Adjoining Source Sites

For the purposes of this Regulation, two properties are adjoining if the boundary of one property touches or, were it not for an intervening highway, road allowance, railway line, railway allowance or utility corridor, would touch the boundary of the other property.

Soil: Natural occurring material

Unconsolidated naturally occurring mineral particles and other naturally occurring materials resulting from the natural breakdown of rock or organic matter by physical, chemical or biological processes that are smaller than 2 millimetres in size or that pass the US #10 sieve.

Excess Soil: Excavated soil removed from Source Area

Soil, or soil mixed with Rock, that has been excavated as part of a Project and removed from the Project Area.

Dry Soil: Meets O.Reg. 347 slump requirements

Soil that is not Liquid Soil.

Liquid Soil: Does not meet O.Reg. 347 slump requirements

Soil that has a slump of more than 150 millimetres using the Test Method for the Determination of “Liquid Waste” (slump test) set out in Schedule 9 to Regulation 347.

Rock: Naturally occurring aggregates

Naturally occurring aggregation of one or more naturally occurring minerals that is 2 millimetres or larger in size or that does not pass the US #10 sieve.

Enhanced Investigation Project Area: Current/former gas station, bulk liquid storage site, dry cleaner site

A Project Area used for an industrial use; as a garage; as a bulk liquid dispensing facility, including a gasoline outlet, or for the operation of dry cleaning equipment.

Reuse Site

Definitions

Reuse Site: Receiving Site

A site at which Excess Soil is used for a Beneficial Purpose and does not include a Waste Disposal Site.

Beneficial Purpose: Reuse Site application of Excess Soils

A Beneficial Purpose must be identified in connection with the undertaking for which the Excess Soil is to be used at the Reuse Site, such as,

  1. i. backfill for an excavation carried out for the purposes of any form of development,
  2. ii. final grading carried out for the purposes of any form of development,
  3. iii. achieving the grade necessary for, a) any development, b) an Infrastructure project, c) landscaping, OR d) another project governed by an Instrument issued by a Public Body, OR
  4. iv. the placement of fill to assist in the rehabilitation of the Reuse Site.

Quantity Planned: To be deposited at Reuse Site

Quantity of Excess Soil deposited or to be deposited at the Reuse Site must not exceed the quantity necessary for the Beneficial Purpose identified.

Timeline: For final deposition at Reuse Site

The Excess Soil must be finally placed no later than two years after it is deposited at the Reuse Site.

Tracking System: Developed/applied to track loads of Excess Soil in transit

If Registry filing is required, the Project Leader is required to file a notice under Section 8 of the Regulation before removing Project Area Soil that will become Excess Soil once removed, and develop and apply a Tracking System, in accordance with the Soil Rules, to track each load of Excess Soil during its transportation and deposit at a Reuse Site, Class 1 Soil Management Site, Local Waste Transfer Facility, Landfilling Site or Dump, and any transportation to and from a Class 2 Soil Management Site.

Excess Soil Transport

Definitions

Vehicle: For Excess Soil Transport

Includes a trailer or other equipment attached to the Vehicle.

 

Direct Transport: Of Excess Soil

Excess soil is not designated as waste if the Excess Soil is Directly Transported to a Reuse Site from a Project Area, a Class 1 Soil Management Site, a Class 2 Soil Management Site or a Local Waste Transfer Facility.

 

Additional Definitions

Regulation

Definitions

MECP: Ontario Ministry of Environment, Conservation and Parks

https://www.ontario.ca/page/ministry-environment-conservation-parks

MECP Environmental Registry (Online): To consult and take part in provincial government decision-making that might affect the environment

https://ero.ontario.ca/page/whats-registry

Excess Soil Registry: ERO:013-5000

MECP, “Excess soil regulatory proposal and amendments to Record of Site Condition (Brownfields) Regulation”, posted on the Environmental Registry for Ontario, in May 2019, updated December 4, 2019 (ERO: 013-5000).

O.Reg. 406/19: Excess Soil Regulation

O.Reg. 406/19, “On-Site and Excess Soil Management”, new regulation filed December 4, 2019 made under the Environmental Protection Act, R.S.O. 990, c. E. 19 (EPA).

Soil Rules: Excess Soil Regulation Supporting Document

“Part I: Rules for Soil Management”, published by the Ministry and as amended from time to time, available on a website of the Government of Ontario as Part I of the document entitled “Rules for Soil Management and Excess Soil Quality Standards”.

Beneficial Reuse Assessment Tool (BRAT): Excess Soil Regulation Supporting Data File

“Beneficial Reuse Assessment Tool” and dated November 19, 2019, as amended from time to time, that is maintained by the Ministry and is available on a website of the Government of Ontario.

Timeline

1-Jan-21: Excess Soil Regulation Enforcement Date

Effective January 1, 2021, the new Excess Soil Regulation will come into force and clarify the new regulation requirements for the Reuse of Soil and management of excess soil, including standards for safe reuse, movement and disposal.

 

1-Jan-21: Previous Project Contract Deadline

Filing of Registry does not apply if the Project Leader entered into a contract with another person with respect to the management of Excess Soil from the Project before January 1, 2021 (revoked as of January 1, 2026).

 

1-Jan-22: Excess Soil Registry and Planning Documents Enforcement Date

Starting January 1, 2022, Excess Soil Planning actions will be required. Leaders of some Projects generating or receiving Excess Soil will be required to characterize the Soil and determine concentrations of contaminants and identify appropriate Reuse Sites. Sections 8-10 Registry, Section 11 Assessment of Past Uses, Section 12 Sampling and Analysis Plan/Soil Characterization Report, Section 13 Excess Soil Destination Assessment Report, Section 16 Tracking System, Section 19 Operation of Reuse Site, Section 29 Amendments (2) and (3).

 

1-Jan-25: Landfilling (Site) Exemption Date

As of January 1, 2025, Landfilling of Excess Soil - deposit of clean soil at landfill sites will be restricted, unless the soil is needed for solid waste cover or other uses beneficial to the landfill.

 

Responsible Parties

Definitions

Owner/Operator

Related to the Owner/Operator of the Project/Project Area, Reuse Site, Vehicle transporting the Excess Soil, Landfilling Site or Dump, Class 1 Soil Management Site, and Local Waste Transfer Facility.

 

Public Body

A municipality, local board or conservation authority; a ministry, board, commission, agency or official of the Government of Ontario or the Government of Canada; a port authority under the Canada Marine Act, or the Toronto Waterfront Revitalization Corporation under the Toronto Waterfront Revitalization Corporation Act, 2002.

 

Project Leader

In respect of a Project, this is the person or persons who are ultimately responsible for making decisions relating to the planning and implementation of the Project.

 

Qualified Person

A Qualified Person (QP) within the meaning of section 5 of Ontario Regulation 153/04, and for the purposes of subsections 5 (2) to (5), 6 (4), paragraph 7 of subsection 19 (4), section 20 and section 13 of Schedule 1, a Qualified Person within the meaning of section 5 or 6 of Ontario Regulation 153/04.

 

Supervisee

An individual who is supervised by a Qualified Person.

 

Planning and Documentation

Definitions

Assessment of Past Uses: For the Project Area

Includes: the Project Area; any other property that is located, wholly or partly, within 250 metres from the nearest point on a boundary of the Project Area; and any property that the Qualified Person determines should be included as a part of the Assessment of Past Uses Study Area that is not located, wholly or partly, within 250 metres from the nearest point on a boundary of the Project Area.

 

Sampling and Analysis Plan: For the Project Area

Objectives are to identify each location where soil is to be excavated as defined by the area of potential environmental concern (APEC) that will be subject to sampling and analysis, based on the Assessment of Past Uses; also to ensure that an appropriate level of sampling and analysis is carried out to determine the concentration of contaminants in the excavated Soil to identify which Soil may be reused within the Project Area, with or without processing at the Project Area, and which Soil may be deposited at a Class 1 Soil Management Site or at a Landfill or Dump; and the potential Reuse Sites at which Excess Soil from the Project Area may be deposited for final placement.

 

Soil Characterization Report: For the Project Area

Includes: 1) The results of Sampling and Analysis Plan and an assessment of those results, including a description of the parts of the Project Area that were sampled and analysed; 2) A description of which Soil may be reused within the Project Area, with or without processing at the Project Area, and which Soil may be deposited at a Class 1 Soil Management Site, Landfilling Site or Dump; 3) With regard to the Excess Soil Quality Standards, identification of the type of potential Reuse Sites to which Excess Soil from the Project Area may be transported for final placement.

 

Excess Soil Destination Assessment Report: For the Reuse Site

The Project Leader shall ensure that, before filing the notice, a Qualified Person prepares or supervises the preparation of an Excess Soil Destination Assessment Report in accordance with the Soil Rules. The report shall be based on the results of any required assessment of past uses of the Project Area, any required Soil Characterization Report and any information gathered in respect of the potential sites at which the Excess Soil may be deposited, and shall include the following:

  1. Identification of each Class 1 Soil Management Site, Reuse Site, Local Waste Transfer Facility, Landfilling Site or Dump at which the Excess Soil will be deposited, including the location of each site;
  2. Identification of contingency measures to be implemented in the event that the Excess Soil cannot be deposited at a site identified under paragraph 1, including the location of an alternate site;
  3. An estimate of the quality and quantity of Excess Soil that will be deposited at each location.

 

Tracking System: Developed/applied to track loads of Excess Soil in transit

If Registry filing is required, the Project Leader is required to file a notice under Section 8 of the Regulation before removing Project Area Soil that will become Excess Soil once removed, and develop and apply a Tracking System, in accordance with the Soil Rules, to track each load of Excess Soil during its transportation and deposit at a Reuse Site, Class 1 Soil Management Site, Local Waste Transfer Facility, Landfilling Site or Dump, and any transportation to and from a Class 2 Soil Management Site.

 

Registry: Will be available on MECP Environmental Registry in 2022

Registry has the purposes of: a) allowing the filing of notices and other documents under the Regulation; and b) facilitating public access to information mentioned in clause (a) for the purpose of encouraging the Beneficial Reuse of Excess Soil.

 

Excess Soil Management

Whether your goal is to reduce the amount of excess soil generated or to achieve compliance with regulations (e.g., Ontario Regulation 406/19), our environmental experts can support you to develop strategic plans and realize beneficial outcomes. Discover our Excess Soil Management services or contact an expert.

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