Ontario Excess Soil Regulation 2020

In this prerecorded presentation, we provide a summary of Ontario's Excess Soil Regulation (O. Reg. 406/19) and what you need to know to avoid noncompliance.
The new regulation came out in December 2019 from the Ministry of Environment Conservation and Parks. The On-Site and Excess Soil Management Regulation O.Reg. 406/19.
This webinar will cover Definition of Excess Soil, Why the Regulation was developed, Over of the regulations, When the regulation comes into effect, what you need to know for 2020, and your action items.
What is excess soil? Excess soil is generated during construction activities and will not be needed on the project site for grading, fill or any other purpose. Excess soil needs to be transported off site.

In Ontario, an estimated 25 million cubic metres of excess soil is generated each year. Excess soil that can be used on another site to serve a purpose is called beneficial reuse.
Why did MECP develop these regulations? According to the MECP they want to encourage local reuse, proper management, and to track excess soil. This regulation should reduce greenhouse gas emissions from transporting soils and to reduce illegal dumping.

The excess soil regulation should help reduce damage to roadways, reduce the amount of clean soil going to landfills and provide cost-savings with less transportation costs.

The On-Site and Excess Soil Management Regulation O.Reg. 406/19: Define excess soil beneficial reuse rules, Define when excess soil is not a waste & how to use the risk-based standards, Clarify when excess soil can be reused, and replaces or simplifies waste-related approvals with rules for low-risk soil management activities.
This regulation should also enhance reuse through improved planning as well as provided greater assurance that reuse sites are not receiving waste soil.
The excess soil regulations require larger reuse sites, those generating more than 10,000 cubic metres of soil to register and develop procedures to track and inspect soils received. There are also restrictions on landfilling clean soil that is suitable for reuse at a sensitive site (e.g., school, agricultural site, etc...)
This regulation does not apply to excavation of soil that is hazardous waste or asbestos waste (Ontario Regulation 347), pit or quarry operations under the Aggregate Resources Act or excavation of topsoil in accordance with a permit issued under the Aggregate Resources Act. Further, it does not apply to peat from peat extraction operation or excess soil on the bed of a surface water body.
MECP Phased in Approach
July 1, 2020: Reuse rules, including risk-based standards, waste designation , and apporovals
July 1, 2022: Testing, tracking , and registration
January 1, 2025: Restrictions on landfilling soils
Grandfathering provisions: applicable from January 1, 2021 to January 1, 2026
What do you need to know now about the excess soil regulations?
As of July 1, 2020, the reuse rules, the risk-based standards, and the new waste designation and approval rules will be in place an used on projects going forward.
Soil Reuse Rules:
Soil is beneficially reused - not stock piled
Soil is dry
Reuse site has consented in writing to accept the soil
Soil to be reused within 2 years of being received at the reuse site
Infrastructure sites can use as much time as needed to complete the project.
Generic Risk-Based Standards
Soil quantities 350 cubic metres or less - generic standards under O. Reg 153/04 (Table 1, 2, 3, etc)
New generic risk-based standards for excess soil quantities greater than 350 cubic metres. These new standards are designated as Table 2.1, 3.1 etc
New risk-based standards are more stringent for some compounds, particularly for organic compounds (hydrocarbons)
If soil tests results document the standards are met, you are likely on a path to finding an appropriate reuse site and not a landfill.
Generic Risk-Based Standards
It is possible to develop site-specific standards (prepared by a QP) using the Beneficial Reuse Tool or BRAT
Risk Assessments are still permitted
Key Site conditions assist with selection of the appropriate standards table
Special consideration for placement of excess soil and environmentally-sensitive areas/land used for growing crops and pastures
Criteria for reuse of impacted soil
Waste Designation Approvals
Exempt from approvals
Hauling of excess soils
Low risk on-site processing
Temporary soil storage site (identified as Class 2 Sites)
Local waste transfer facilities allowed to do low-risk dry soil processing and storage
Infrastructure projects, when the Beneficial Reuse Assessment Tools is Used (six site characteristics, hard cap barrier, building prohibition, etc.)
Your Action Items for Excess Soils
If you have projects with excess soil, begin to make plans. Contact a Qualified Person (P. Geo. or P. Eng.)
Understand the history of property use
Determine the potential for contaminated soils
For excess soil volumes 100 to 600 cubic meters,