Presentation to Association Municipalities of Ontario Implementation of Management of Excess Soil - A Guide for Best Management Practices Ministry of the Environment and Climate Change Dolly Goyette, Director Central Region August 17, 2015

2 Outline Purpose: Provide an overview on the implementation of Management of Excess Soil - A Guide for Best Management Practices Presentation Overview: Background Overview of Current Application and Implementation Environmental Bill of Rights Review Next Steps

Background Management of Excess Soil: A Guide for Best Management Practices (BMP) was released January The guide sets out the ministry’s expectations for all those managing soil. It is intended to assist those managing excess soil, particularly when the soil may be affected by contamination, in order to prevent and mitigate the potential for adverse effects. It is the responsibility of all parties who excavate, transport, receive or store excess soil to ensure that it’s managed in an environmentally sound manner and that considerations are given to reduce greenhouse gas emissions. Where environmental concerns are identified at a site, the ministry may assess all activities related to excess soil management and may take appropriate actions within the ministry’s legislative mandate. 3

Overview: Best Management Practices The BMP provides best practices on how to handle excess soil beginning at the place where the soil is excavated (a “Source Site”), during the transportation of the excess soil, and through to a site where the excess soil can be reused for a beneficial purpose (a “Receiving Site”). On Site Options direct reuse of the excavated soil at the excavation site; and/or treating or processing excavated soil and reusing the soil at the excavation site, in accordance with the terms and conditions of an Environmental Compliance Approval (ECA) where required. Off Site Options reusing excess soil at a different construction or development site where imported soil is required for purposes such as site alteration, filling in depressions/excavations, or re-grading; managing excess soil at an approved soil recycling, processing or treatment facility, in accordance with the terms and conditions of the ECA; reusing excess soil at a commercial site where soil will be reused for a beneficial purpose; transporting excess soil to an approved waste disposal site for use as daily cover (as appropriate) or for final disposal in accordance with the terms and conditions of the ECA. 4

5 Application of the Best Management Practices Provides an approach that enables the continued approval and permitting by municipalities and conservation authorities, and the flexibility for local decision making and site-specific considerations (by-laws and permits). Encourages municipalities, government ministries and agencies incorporate soil management practices into the tendering process for construction projects, and for overall management of excess soils. Recommends that all activities at sources sites, receiving sites and soil banks are overseen by a Qualified Person (QP – as defined under O.Reg 153/04), including the appropriate soil characterization and quality parameters. References complementary industry codes of practice to empower stakeholders to take a leadership role for sustainable soil management by incorporation of these practices.

MOECC Implementation Focus on outreach and raising awareness at municipal conferences, meetings and events. Specific training and outreach can be made available upon request. Continually looking for opportunities to partner with municipalities and stakeholders to showcase sustainable excess soil management projects and programs in the province. (Toronto, Stouffville) Supporting and facilitating the creation of additional guidance materials and complementary initiatives to assist implementation (ie. QP guidance APGO, RCCAO excess soil matching website). Monitoring usage and uptake of the BMP through site audits. 6

In January 2014, MOECC accepted a request through the Environmental Bill of Rights to undertake a review of the need for a comprehensive soil policy. MOECC convened a multi-ministry working group (consisting of the Ministries of Municipal Affairs and Housing; Transportation; Natural Resources and Forestry; Agriculture, Food and Rural Affairs), completed listening sessions in the Fall and heard a number of broad issues which relate to multiple ministries, municipalities, industry and others. MOECC has now completed the review and has concluded that Ontario could benefit from further policy within a clarified excess soil policy framework. The goals of the framework would include protection of human health and the environment, while enhancing beneficial re-use of excess soil. Results of the review suggest the need for development of policy in areas such as: enhanced source site responsibility for excess soil, development of guidance for municipalities that covers a range of soil management matters, further policy direction related to soil quality, and application of consistent policy through existing regulatory regimes. EBR Excess Soil Review - Update 7

Moving Forward MOECC will continue to support and implement the BMP, through outreach and education. MOECC intends to consult on a proposed soil policy framework, including policy priorities, through an Environmental Registry posting anticipated for Fall Initial engagement, to occur in August and September, would be with select representatives of those interests who participated in earlier listening sessions. The EBR posting in the Fall will provide an opportunity for broader engagement with all interests, First Nations and Métis, and the public. 8

Contacts Excess Soil BMP: Jonathan Fernandes, Central Region, Operations Divisions Soil EBR Review: Chris Lompart, Land and Water Policy Branch