The next phase of Ontario’s excess soils regulations is set to take effect on January 1, 2025, (limiting soils that may be landfilled). Ahead of this deadline, there are (additional) proposed amendments to Ontario Regulation 406/19.
You may recall that in January 2022, contractors were scrambling to comply with the more stringent soil management requirements. By April 21, 2022, these new requirements were officially paused by the Ministry of Environment, Conservation and Parks (MECP). This temporary pause was followed by a November 4, 2022, announcement by the MECP that they were proposing to amend the regulations (See our December 22, 2022, blog).
At least with the currently proposed amendments, they are being proposed ahead of implementation.
On October 18, 2024, proposed changes to Ontario’s Excess Soil Regulations were announced (Image by Paul Brennan from Pixabay).
Proposed Changes to the Ontario Excess Soil Regulations
On October 18, 2024, the following announced changes were posted to the Environmental Registry of Ontario:
- Change the in-effect date of the restriction on landfilling certain types of excess soil by moving it out by two years, from January 1, 2025, to January 1, 2027, to allow more time to understand and apply the restriction with minimal confusion and disruption. Clarification of an exception to this restriction is also proposed.
- Remove requirements for waste Environmental Compliance Approvals (ECAs) for third-party storage and processing of excess soil at aggregate reuse as well as small liquid soil processing sites, with regulatory rules to be followed instead (note: this is a revised proposal from what was previously proposed in October 2023; see ERO 019-7636).
- Enable greater reuse of aggregate and stormwater management pond (SWMP) sediment by providing some flexibility related to meeting applicable excess soil quality standards in respect of asphalt-related contaminants and naturally occurring exceedances.
- Allow greater flexibility for the reuse of soil that is not known or likely to be contaminated, between project areas and reuse sites of infrastructure projects of the same type and by the same project leader, being undertaken concurrently, including not subjecting the soil to the waste designation and reuse criteria.
- Adding exemptions for project areas for infrastructure from most of the reuse planning requirements if the soil is being moved to an infrastructure reuse site, when the project areas and reuse sites are owned by different project leaders and reuse site operators. Filing a notice in the Excess Soil Registry for these project areas would still be required.
- Where sampling and analysis is required, allow in-situ sampling of storm water management pond (SWMP) sediment to reduce time and cost associated with its characterization.
- Consider the use of regional mapping of areas that naturally exceed the excess soil standards for certain parameters as a basis for enabling greater reuse of excess soil with such exceedances.
- Other clarifications and corrections, including for delineating project areas and temporary off-site storage of soil before being returned to the project area, temporary use of excess soil to facilitate an undertaking, and sampling clarifications to account for substances added to soil to facilitate excavation.
These amendments appear to be favourable, allowing more time before the ban on landfilling takes effect and allowing for greater flexibility.
Regarding #7 on the list of amendments, this is something we have been vocal about (see our February 2024 article, “Naturally-elevated metals concentrations are resulting in more landfilling and less beneficial reuse of soils”).
You can comment on the proposed changes until November 21, 2024.
Do you have questions or need assistance with excess soil? Contact Christopher Paré, P.Geo. Q.P. at 519-948-7300, Ext. 114.
Dragun Corporation does not use artificial intelligence in drafting our blogs or any other material.
Alan Hahn drafted this blog. Alan has an undergraduate degree in Environmental Studies and completed a graduate program in Environmental Management. He has worked in environmental management for more than 45 years. He has written hundreds of blogs and articles. His published work includes HazMat Magazine, BizX Magazine, Michigan Lawyers Weekly, GreenStone Partners, Manure Manager Magazine, and Progressive Dairy.
Christopher Paré, P.Geo, reviewed this blog. Chris is a senior geoscientist and manager of Dragun’s Windsor, Ontario, office. Chris has more than 30 years of experience on projects ranging from environmental site assessments (Phase One/Two ESA), excess soils, remedial investigations, soil and groundwater remediation, Permits to Take Water, Records of Site Conditions, vapour intrusion, and site decommissioning. Chris is a frequent speaker, author, and expert witness. See Chris’ bio.
Follow Dragun Corporation on LinkedIn, X, or Facebook.
Sign up for our monthly environmental newsletters.
Principled Foundation | Thoughtful Advice | Smart Solutions
Established in 1988