Delivering Ontario’s Excess Soil Management Policy Framework
Proposed Regulatory Package Overview
Ministry of the Environment and Climate Change
Industry Information Session
City of Ottawa
June 19, 2017
Why Are We Proposing This Regulatory Package?
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Recent industry studies have estimated that:
– Approx. 26 million cubic metres of excess soil is generated in Ontario annually (RCCAO, 2017).
– 75% of projects surveyed reported transporting excess soil an average of almost 65 kilometres,
generating a significant amount of greenhouse gas (OSPE, RCCAO, GTSWCA, 2016).
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The management of excess soil is a significant concern in urban centres and surrounding
communities.
MOECC committed to develop a policy framework in Ontario’s Great Lakes Strategy
In January 2014, MOECC released a Best Management Practices Guide
In January 2016, based on a request that was made, MOECC, with the support of other
ministries, completed a review under the Environmental Bill of Rights of the need for
excess soil-related policy.
Key concerns and policy needs raised related to excess soil management:
– illegal dumping of soil and poor quality soil being inappropriately relocated;
– greater source site responsibility to ensure excess soil is characterized and relocated
appropriately;
– more clearly defined provincial, municipal and conservation authority roles;
– better tracking of excess soil to the sites where it is reused;
– improved standards for reuse of excess soil and direction on soil sampling; and
– greater integrated planning to encourage reuse.
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Why Are We Proposing This Regulatory Package?
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In December 2016, following outreach, MOECC released an Excess Soil Management
Policy Framework to guide policy development, with two key goals:
– Protect human health and the environment from inappropriate relocation of
excess soil
– Enhance opportunities for the beneficial reuse of this soil and to reduce
greenhouse gas emissions associated with its transportation
Includes 21 actions, divided into key areas (source sites, receiving sites, reuse, etc.)
Regulatory Proposal
• Ontario is seeking public input on an Excess Soil Regulatory Proposal that includes a
new regulation and complementary regulatory amendments related to the
management of excess soil.
• The regulation would help to ensure excess soil is properly assessed for potential
contaminants and is relocated to appropriate receiving sites.
• This regulatory package recognizes excess soil as a resource and promotes a system
which strives for environmental protection, local beneficial reuse, consistency, fairness,
greater enforceability and flexibility.
• The ministry is seeking feedback on this proposal; it is posted to the Environmental
Registry for comment from April 24, 2017 to June 23, 2017.
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Overview
Excess soil means soil and sediment, which is to be removed from a property
or project area as part of a development project. This proposed regulation
would help ensure it is relocated appropriately.
Presentation Overview
• Documents posted on EBR for consultation
• When is excess soil waste; when is it not waste?
• Requirement for an Excess Soil Management Plan
• Tracking and record keeping
• Registration
• Excess soil characterization
• Excess soil reuse standards
S. Coelho, Dec. 2016, Yonge and College
MOECC, Nov. 2015
Note: Deck paraphrases the proposal documents posted on the environmental registry. Please also refer to
those documents.
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Proposed Regulatory Package on EBR for Consultation
1. Proposed Excess Soil Regulatory Package. The contents include:
1. A NEW proposed Excess Soil Reuse Regulation , including provisions requiring an excess soil
management plan, requiring tracking and registration of excess soils, and specifying when
excess soil is waste
2. Schedule A, providing the contents of an excess soil management plan
3. Schedule B, providing requirements related to excess soil characterization, which are
intended to be placed in a separate document referenced by the regulation
4. Schedule C, providing excess soil reuse standards and approaches, which are intended to
be placed in a separate document referenced by the regulation
5. Proposed consequential amendments to Regulation 347 (General Waste Management)
6. Proposed consequential and minor amendments to Ontario Regulation 153/04 (Records of
Site Condition)
7. Proposed new excess soil-related purpose for the Environmental Site Registry and
proposing a Minister’s regulation related to operation of the excess soil component of the
registry
8. Proposed amendment to the Building Code pertaining to applicable law
2. Rationale for Reuse of Excess Soil At Receiving Sites: Provides rationale for the proposed standards
in Schedule C of the regulatory package
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Proposed Designation of Excess Soil as a Waste
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The proposed regulation would designate excess soil as a waste when it leaves a project area
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Excess soil would cease being a waste once it is relocated to an appropriate receiving site that is
not a waste disposal site.
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The designation of excess soil as a waste ceases at the moment at which at which one of the
following occurs:
1.
the excess soil is deposited at a receiving site that is governed by a site specific
instrument or by-law,
2.
the excess soil is deposited at a receiving site that is not governed by a site specific
instrument or by-law, and all of the following criteria are met:
• the excess soil is deposited at the receiving site is in accordance with the Ministry’s
proposed Reuse of Excess Soil At Receiving Sites, and
• the excess soil has been used at the receiving site as backfill for an excavation, for final
grading, to fill a depression to the grade surrounding the depression, or to achieve a
grade necessary for planned development or landscaping, and
• The receiving site is not being used solely or primarily for the purpose of depositing
excess soil.
3. if the excess soil originates from an infrastructure project, the excess soil is deposited at
a project area of an infrastructure project that belongs to the same proponent.
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Site specific instrument or by-law includes a site alteration permit under the Municipal Act and a
license under the Aggregate Resources Act
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In 2., above, excess soil may be stored at the receiving site for 90 days before use, unless use is at
an infrastructure project (no time limit)
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Excess Soil and the Waste Designation
Excess Soil is
NOT Designated
Waste
Project Area
(Source Site)
Excess Soil is Designated Waste
Temp. Storage Site
Excess Soil is
NOT Designated
Waste
Receiving
Site
Processing Sites/Soil Banks
• Not waste if reused onsite
• Becomes waste when
moved off-site
• Waste if undergoing
on-site processing
• Haz Waste is waste
from time of
excavation
Landfill
• Not waste if at site
with site specific
instrument
• Not waste if reused
on appropriate site
within 90 days
• Not waste if at
infrastructure project
of same proponent
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Waste-Related Approvals and Requirements
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The proposed regulation would clarify when approvals are needed such that excess soil that is in a
condition for reuse and is going to a receiving site for reuse, would not require approvals
Excess soil at a processing site continues to be designated as a waste and waste-related ECAs would
continue to be required for processing sites, including soil banks
Temporary excess soil storage sites (no processing,) would not require approvals but some conditions
apply, including maximum 2 years storage, known receiving sites, controlled by same proponent or a
public body.
Transport of excess soil to a processing site or land fill would be required to use an approved waste
hauler (see bolded lines); but transport to a final receiving site for reuse would not
Hazardous waste and liquid waste must be managed as waste with appropriate approvals
Vacuum truck soils would be waste and waste system approvals would be required
Sediment, including from a storm water pond may be dewatered on-site and managed as excess soil
Project Area
(Source Site)
Temp. Storage Site
(no ECA)
Processing Sites/Soil Banks
(ECA)
Landfill
(ECA)
Receiving
Site
(No ECA)
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Proposed Requirement for an Excess Soil Management Plan
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This proposed regulation is intended to shift more of the responsibility of excess soil management
to the source site owner to help ensure excess soil is properly relocated. This is achieved through
requirements to prepare and follow an excess soil management plan for specified projects.
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An excess soil management plan would be required to be prepared and key information registered
in accordance with the regulation prior to any excess soil leaving the project area
There would be 2 key triggers for a source site owner to be required to prepare a Plan for a project:
1) Quantitative Trigger - if 1000m³ or greater of excess soil is to be moved off site
2) Qualitative Trigger - if excess soil is coming from an area with a current or known past
potentially contaminating activity (i.e. an activity that may have caused contamination,
such as fuel storage or industrial processing)
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Some exemptions are proposed from the need for a Plan:
– Emergencies (e.g. spills and emergency infrastructure failure)
– Regular maintenance of infrastructure
– If the volume of excess soil does not exceed 100 cubic metres and the excess soil is taken
directly to a waste disposal site
– Excess soil transfers between infrastructure projects where the proponent is the same
– If the project area is on Crown land
– If the project area is outside of a settlement area and does not include an area of potential
environmental concern or properties that have been used for industrial or certain commercial
uses (e.g. gas station)
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Proposed Requirement for an Excess Soil Management Plan
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The proposed required contents of a Plan are specified in Schedule A; mandatory components of
a Plan would include:
1. project area description and ownership
2. project description and soil management requirements
3. involved QP(s) and contractors
4. excess soil sampling plan and excess soil characterization
5. excess soil receiving site locations, ownership and property information
6. tracking system and description of records being kept
7. statements certified by the QP and proponent relating to the veracity of information
provided, the work under taken to support the plan, and the completeness of the plan
8. a cumulative record of excess soil moved (receiving sites, volume, quality)
9. a record of plan modifications
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Excess soil management plans would be prepared and certified by a qualified person
– Professional Engineers and Professional Geoscientists, as defined in s. 5 of O. Reg. 153/04
– A QP shall not act as the QP responsible for completing an ESMP for a project if the QP has a
direct or indirect interest in the project.
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No person would be able to construct a building, if the building includes shoring, unless an ESMP
has been prepared and registered in the Registry. This is proposed to be applicable law under the
Building Code.
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Excess Soil Registration and Registry
Required Registration
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The new Excess Soil Reuse Regulation would require, in an
online registry, registration of a notice that an Excess Soil
Management Plan (ESMP) has been completed prior to
any excess soil leaving a project area that required a Plan.
Key information from a Plan would be registered, not the
full plan.
Registration would occur prior to excess soil being moved,
and periodic updates would be required describing
movements of excess soil.
Excess soil quality registered would be by category (e.g.
applicable generic standard, site specific standard,…).
Registry requirements proposed for some excess soil
movements not subject to ESMP (e.g., infrastructure
projects, stormwater pond maintenance 1000m³ or
greater).
Registry
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MOECC is assessing third party administration of this
online registry together with other programs supporting
excess soil reuse.
The online registry would be a component of the
environmental site registry under Part XV. 1 of the EPA.
Notice of Excess Soil Management
Plan Preparation (conceptual)
Registration #:
Pre-Movement
 Project area location
 Project description – general
 Proponents/contact info
 QP/contact info
 Excess soil quality category, and
volume
 Intended receiving sites
(including land fill, banks…)
 Certifications, e.g. plan is
complete, info is true
During/After Movement
 Receiving site(s) location/contact
info/ soil use
 Quality taken by category, and
volume
 Start/end dates
 Hauler/contact info
 Certifications, e.g. all excess soil
has been reported, info is true
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Proposed Tracking and Record Keeping Requirements
Required Tracking System
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A key objective of the proposed regulation is to ensure that excess soil is tracked
The proponent must ensure that a soil tracking system is developed and implemented, as part of
the Plan, to enable the movement of excess soil to be tracked from the time it is excavated
within a project area to the time it reaches the final location where it is deposited.
The QP shall ensure that the tracking system includes auditing procedures to ensure the system
is being implemented and is able to produce necessary records.
Required Records
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To help ensure traceability of soil movements, certain records would be maintained.
Excess soil hauling record
– ALL soil movements, and required to be available with the truck (could be electronic)
– Would provide information on quality category, quantity, source site, receiving site, time and
date leaving and being deposited, and contacts for the sites
– A copy would be retained by the source site, receiving site and the hauling company
Cumulative record of excess soil movements
– Only source sites required to complete an ESMP
– Total amount of excess soil moved from a particular project area to each receiving site,
documenting the total quantity and quality category of excess soil taken.
A copy of these records would be held by each party for a minimum of 5 years.
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Proposed Sampling Requirements (Schedule B)
Excess Soil Characterization Requirements
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Excess Soil characterization requirements, including sampling requirements, would, preferably,
be in a document referenced by the regulation and supported by guidance
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Characterization requirements would be applicable to sites for which a Plan is required
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Key elements of the characterization required include a phase one environmental site
assessment, a sampling and analysis plan and an excess soil characterization report
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Sampling is mandatory in areas associated with a potentially contaminating activity or a past
land use that was industrial or specified commercial uses, such as gas stations
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Minimum sampling frequency provided for in-situ sampling and sampling in stock-piles
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Minimum parameters to be tested are provided
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Proposed Reuse of Excess Soil at Receiving Sites (Schedule C)
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An excess soil management plan would be required to identify appropriate receiving sites by
comparing the quality and quantity of the excess soil to the applicable standard for a receiving site
based on:
• MOECC excess soil reuse rules, including standards; or
• Standards in a site specific instrument or by-law.
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New proposed MOECC excess soil reuse standards are modeled from brownfields redevelopment
standards; for the final regulatory package, these standards may be in a separate document adopted
by reference in the regulation).
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Proposed excess soil reuse standards includes:
• Land use-based and potability-based standards (similar to brownfields Tables 2 and 3)
• Table 1 of the brownfields standards would required in certain circumstances
• Are proposed to have three size categories: up to 350m3 (can be justified to 1000m3) which are
the same standards as the brownfields regulation; up to 5000m3 and infinite volume.
• Rules provided for reuse in certain circumstances: environmentally-sensitive areas; salt in soil;
natural background; agricultural land; and soil originating from an APEC
• Additional standards being developed for sub-surface, where no buildings are present, under
pavement, at aggregate pits, and other scenarios
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The proposed regulation recognizes a new Site Specific Beneficial Reuse Assessment Tool (under
development) to allow alternative site specific standards to be developed by a QP
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Alternative risk assessments, such as community-based risk assessments, are also proposed to be
acceptable through more formalized procedures.
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Complementary and Minor Amendments to other Regulations
In Regulation 347 (General Waste)
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The definition of Inert fill would be amended to clarify that excess soil would no longer be a
component of “inert fill”.
In O. Reg. 153/04 (brownfields)
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To align requirements at record of site condition sites with proposed excess soil requirements, the
following amendments are proposed:
o Fill quality requirements would meet the new Excess Soil Reuse Standards for soil brought to a
Record of Site Condition property
o Sampling requirements would be made consistent for excess soil coming to a record of site
condition property, e.g., stockpile, and, where applicable sampling leaving an RSC property
Additional amendments proposed through the Modernization of Brownfields initiative (next 2 slides)
S. Coelho, Dec. 2016, Yonge and Yorkville
S. Coelho, Dec. 2016, Yonge and Alexander
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Proposed Modernization Amendments
to the Record of Site Condition Regulation
The ministry is proposing amendments to the RSC Regulation (O. Reg 153/04) to make excess soil
management on brownfields properties consistent with and complementary to proposed new
excess soil management requirements (e.g. tracking/importation of excess soil).
The ministry is using this unique opportunity to propose further regulatory amendments to the RSC
Regulation that will reduce burden and enhance clarity with the brownfields regulation, including:
 Delineation: A regulatory amendment would provide limited ministry discretion to help clients
going through the RA process to resolve site specific delineation challenges and enable the filing
of a RSC.
 Substances used for purpose of safety under conditions of snow/ice: An amendment would
expand the existing exemption to allow QPs to also consider substances used for purpose of
traffic and pedestrian safety under conditions of snow/ice.
 Converting Commercial Buildings to Mixed Use: An amendment would allow property owners
that are not redeveloping and not altering the building footprint to convert upper floors of low
rise commercial buildings to residential without requiring a RSC.
Ministry of the Environment and Climate Change
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Proposed Modernization Amendments
to the Record of Site Condition Regulation
 Temporary Roads Related to Development: An amendment would clarify that a RSC
is not required to change this type of road to residential use.
 Treated drinking water: An amendment would allow for exceedances at Record of
Site Condition properties if due to treated drinking water by-products.
 Naturally Elevated Concentrations of Substances: An amendment would clarify that
local fill deposited onto the property is deemed to not exceed applicable site
condition standards if the QP demonstrates that substances in soil does not exceed
local naturally occurring concentrations of that substance and soil was deposited prior
to Environmental Site Assessment work.
 Day care centres: An amendment would update the definition of day care centre to a
“child care centre” as defined in the Child Care and Early Years Act.
 Religious Properties –An amendment would allow for religious institutions to be
converted to residential without requiring a RSC.
Ministry of the Environment and Climate Change
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Please Provide Comments
Environmental Registry regulatory proposal posting closes June 23,
2017
Please respond through the Environmental Registry at
https://www.ebr.gov.on.ca/ERS-WEB-External/ (EBR # 013-0299)
or send comments to: [email protected]
If you have questions on this proposed package, please contact Sanjay
Coelho at [email protected] or by phone at 416-326-5107.
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Appendix: Process Flowchart
Project Planning and
Design
Excess Soil Management Excess Soil
Planning
Movement
Reuse and Process
Completion
All Excess Soil Movements
Plan project
• Minimize excess
soil
• Determine amount
of excess soil and if
any PCAs
Is an excess
soil
management
plan required?
Determine
receiving site
considering waste
designation
No
• If necessary, use waste hauler
• Ensure hauling record with truck
Retain hauling records
Yes
If Excess Soil
Management Plan is
Required (in
addition to above)
Prepare Excess Soil Management Plan
Complete soil
characterization
• Phase 1 ESA
• Sampling Plan
• Sampling and analysis
• Report
Implement Plan
Identify
intended
receiving sites
Cumulative record of soil movements
maintained
Plan tracking
system
Tracking system implemented – from excavation to reuse
• Close off Plan
• Retain copy of Plan
and records
Building
permit issued
Registration
Not all proposed registration
requirements are shown
Create and maintain source site record in registry
Create notice that plan
has been prepared
Register soil movements, regularly
Close off record
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