In October 2024, the Ontario Ministry of Environment, Conservation and Parks (MECP) announced they were delaying the final phase of the Excess Soil Regulation, the prohibition on landfilling certain soils, until January 1, 2027. That deadline is now just months away.
The final phase of the Excess Soil Regulations, O. Reg. 406/19, will restrict most “clean” soils from being disposed of in landfills. For some companies, this may mean some additional planning will be necessary in anticipation of this deadline. Below is a summary of the landfill restrictions.
Overview of Ontario’s Landfill Restrictions
Beginning January 1, 2027, excess soil in Ontario “shall not be deposited in a landfill or dump” if that excess soil meets Table 2.1 (full depth potable) of the generic excess soil quality standards for residential, parkland, or institutional uses (or if the soil is cleaner). In other words, “clean soil” cannot be landfilled, with some exceptions.
The final phase of the Excess Soil Regulations, O. Reg. 406/19, will restrict most “clean” soils from being disposed of in landfills (image purchased from Shutterstock).
Exemption: Ancillary Uses
The restriction does not apply if the (“clean”) excess soil is being used at the landfill for
- Daily cover
- Final cover
- Construction of roads or berms, or to support any other type of ancillary use that supports the operation of the landfill or dump
Exemption: Based on Declaration
The Qualified Person (QP) determines that the excess soil is inappropriate for reuse because of one of the following reasons
- The excess soil contains a parameter for which there is no applicable excess soil standard, and there are reasonable grounds to believe that the final placement of the excess soil at a reuse site may result in an adverse effect.
- The excess soil contains an invasive species that should not be relocated.
- The excess soil is not suitable for reuse as a structural fill due to its physicochemical characteristics, and after reasonable efforts were made, another reuse site where the excess soil could be used for another beneficial purpose was not identified.
Important notes for the exemption by declaration:
- The QP must prepare a written declaration to attest to the above and provide this declaration to the owner/operator of the landfill or dump.
- The QP must retain the declaration for at least seven years after the date the declaration is prepared.
- The declaration must also be retained by the owner/operator of the landfill or dump and any other person who acquires the QP declaration, including the owner/operator of the site where the excess soil is loaded for transportation, for a minimum of two years from the date the excess soil is deposited at the landfill or dump.
What about Soil Management Sites?
This restriction does not apply to the deposit of excess soil at Class 1 soil management sites, most of which also hold an Environmental Compliance Approval (ECA) for waste and are used to temporarily store and process excess soil to help facilitate beneficial reuse. It also does not apply to Class 2 soil management sites, which are meant for temporary storage of dry soil and do not require an ECA for waste if key conditions are met. These types of sites are not for long-term disposal.
What about Contaminated Soils?
This landfill restriction does not affect the deposit or use of excess soil at a landfill or dump where concentrations of contaminants in that excess soil exceed Table 2.1 RPI of the generic excess soil quality standards.
Definition of Excess Soil
The definition of excess soil according to the MECP is “soil, crushed rock, or soil mixed with rock or crushed rock, that is excavated at a project area and cannot be reused on-site; it could be from various construction or excavation activities (e.g., buildings, infrastructure, stormwater sediment, landscaping, etc.).”
Additional Definitions
Dump and Landfill
A dump in Ontario is “a waste disposal site where waste is deposited without cover material being applied at regular intervals.”
Landfilling 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.”
Source: R.O. 1990, Reg. 347: GENERAL – WASTE MANAGEMENT of the Environmental Protection Act, R.S.O. 1990, c. E.19.
Qualified Person in Ontario
A qualified person, or QP, under MECP regulations is an individual who falls into one of two categories:
- Professional Engineer (P.Eng.)
- Must hold a licence, limited licence, or temporary licence under the Professional Engineers Act.
- Must be in good standing with Professional Engineers Ontario (PEO).
- Professional Geoscientist (P.Geo.)
- Must hold a certificate of registration under the Professional Geoscientists Act, 2000.
- Must be a practicing, temporary, or limited member in good standing with the Association of Professional Geoscientists of Ontario (APGO).
This is a brief overview of the landfill restrictions that will be in effect on January 1, 2027. Make sure you consult the regulations for a complete understanding of the restrictions.
Technical Assistance with Excess Soil Projects
If you have specific questions about these restrictions or other questions related to excess soils, contact Christopher Paré, P.Geo., or Ehsan Momeni, P.Eng., at 519-948-7300, Ext. 114 and Ext. 123, respectively.
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.
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