In our October 25, 2023, blog, we discussed the proposed amendments to the Excess Soil Regulation (O.Reg. 406/19) – these amendments were recently finalized. The Excess Soil Regulations are the rules for the management of excess construction soil in Ontario.
Below is a general overview of the changes to managing soils in Ontario. However, if you have a specific question about managing excess soil, please contact Chris Pare, P.Geo., Q.P. Chris can provide more specifics as it relates to your project.
The Excess Soil Regulation (O.Reg. 406/19) 2023/2024 amendments are final.
According to the Ministry of Environment Conservation and Parks (MECP), the amendments will “increase soil management flexibility and support greater reuse of excess soil from housing, infrastructure, and other construction projects.” See, “Proposed regulatory amendments to encourage greater reuse of excess soil.”
2024 Amendments Management of Excess Soil
The summary of the changes as provided by the MECP includes the following:
- Enhanced usability of project leader-owned or controlled storage sites (Class 2 soil management sites and local waste transfer facilities) and soil depots to allow for larger volumes of soil being managed without requiring a waste approval, now up to 25,000 m3 with additional flexibility for public bodies, and having greater alignment of rules across sites;
- Increased opportunities for reuse of salt-impacted soil in lower-risk circumstances;
- Exempting specified small projects and undertakings (generating or reusing 5 cubic metres or less) from hauling records, and clarifying required information and responsibility for hauling records;
- Exempting landscaping projects at enhanced investigation project areas from reuse planning requirements, as long as the area of excavation is assessed as not likely to be impacted by contamination;
- Clarifying the responsibility of the qualified person when substances such as polymers are used for dewatering or solidification of liquid soil;
- Enabling temporary storage of sediment and soil near waterbodies for projects excavating in or adjacent to that waterbody;
- Clarifying sampling requirements for tunnelling projects, salt-impacted soils, stormwater management ponds, and use of past sampling reports to avoid over-sampling; and
- Providing additional clarifications to assist with better understanding and consistent implementation of requirements.
Salt-Impacted Soils and Agriculture
With respect to salt-impacted soils, in January, the Ontario Farmers Association (OFA) expressed concerns with respect to agricultural land. “OFA recommends that the province also develop setbacks from agricultural areas where salt-impacted soil is not permitted. OFA further recommends that salt-impacted soils continue to be placed on industrial or commercial sites where quality standards can be applied, and not in the agricultural landscape.”
According to a blog by McMillan, “The April 2024 Amendments also allow salt-impacted soil to be placed 1.5 metres below the soil surface at agricultural properties generally and within 1.5 metres below surface if used for a specified built use such as fill for buildings, driveways or barns. There are additional source site disclosure obligations as well as written acceptance requirements that must be obtained by the source site from the reuse site where salt-impacted soil is provided.”
Comments on the Proposed Changes
Following the announcement last fall regarding the proposed changes, the MECP received 74 comment submissions. These comments suggested support for enhanced opportunities for soil management activities exempt from waste approval and greater opportunities to reuse salt-impacted soil (Source: Environmental Journal).
If you need assistance with this or any other environmental issue, contact Christopher Pare’, 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.
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