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

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.

Various types as described in Regulation 347.

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” 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).

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.

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

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).

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.

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.

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

Soil that is not Liquid Soil.

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.

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.

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.

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

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

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

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.

Includes a trailer or other equipment attached to the Vehicle.

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.

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

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

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, “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).

“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” 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.

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.

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).

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).

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.

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.

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.

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.

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.

An individual who is supervised by a Qualified Person.

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.

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.

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.

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.

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 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.