Prohibition on Landfilling Most Excess Soils in Ontario Set to Take Effect

Posted by on Sep 17, 2024 in Blog | 0 comments

The implementation of the excess soil regulations will reach the final phase of the multi-year rollout on January 1, 2025.  This may be the most challenging phase of the provincial regulation of excess soils.

Ontario’s Excess Soil Restrictions for Landfills

According to the Ministry of Environmental Conservation and Parks (MECP), excess soil that is suitable for reuse should be viewed as a resource and not disposed as a waste.  The excess soil regulation restricts “cleaner quality excess soil from filling up valuable landfill space, as of January 1, 2025.”  More specifically the MECP states, “Excess soil that could be reused at a more sensitive site, like a residential undertaking, will be restricted from being sent to landfill for disposal, as of January 1, 2025.”

Bulldozer

The implementation of the excess soil regulations will reach the final phase of the multi-year rollout on January 1, 2025.
(Image by Paul Brennan from Pixabay).

In summary, on January 1, 2025, landfilling of excess soils will be prohibited unless:

  • The excess soil supports the operation of the landfill (daily or final cover, berms, and other operational needs at the landfill)
  • A Qualified Person (QP) declares that it would be unsafe to place the excess soil at a reuse site
  • The excess soil exceeds Table 2.1 of the excess soil quality standards

The final phase will put increased pressure on landfill operators – they will not likely put their licence at risk by accepting excess soils that are not allowed by regulation.

As we pointed out in our June 28, 2024, blog, there have been questions about overall compliance with the excess soil regulation including questions on whether municipalities are in compliance with the regulations.  Will MECP focus on soils going to landfills in 2025 as a point of compliance/enforcement?

This final phase of the excess soil regulations will have an impact on construction activity.

With the new restrictions next year, planning and coordinating the movement and ultimate placement of excess soil may be more burdensome than in previous years.

If you have questions about excess soil – 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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