1. Proposed Regulatory Package Overview
Delivering Ontario’s Excess Soil Management Policy Framework
Proposed Regulatory Package Overview
Municipal Context
City of Ottawa
June 19, 2017
Ministry of the Environment and Climate Change

2. Presentation Overview
Excess Soil Regulatory Proposal
Municipal Context
Note: Deck paraphrases the proposal documents posted on the environmental registry. Please refer to those documents for further details.
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.
MOECC, Dec. 2016
MOECC, Nov. 2015

3. Delivery of Ontario’s Excess Soil Management Policy Framework
The Excess Soil Management Policy Framework was finalized in December The framework has 2 overarching goals:
Protect human health and the environment from inappropriate relocation of excess soil
Enhance opportunities for the beneficial reuse of excess soil and reduce greenhouse gas emissions associated with the movement of excess soil
MOECC's Excess Soil Management Policy Framework includes 21 key actions, some are complete, many are underway and a few are longer term. Items covered in the new excess soil regulatory proposal include:
A new source site regulation, supported by complementary amendments to existing regulations e.g., Waste, Brownfields and Building Code and a new online soil registry to track movements (Action 1, 2, 5, 18 and 21)
New standards and sampling guidance for excess soil (Action 12 & 13)
Other actions of interest to municipalities to support framework delivery include:
Amendments to the Municipal Act (Action 7)
Development of a By-law Language Tool (Action 8)
Co-ordinated Land Use Planning and Municipal Reuse Strategies (Action 15)
Fact sheet on Importation of Soil to Agricultural Properties (Action 11)

4. Proposed Regulatory Package on EBR for Consultation
1. Proposed Excess Soil Regulatory Package. The contents include:
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 and transition provisions
Schedule A, providing the contents of an excess soil management plan
Schedule B, providing requirements related to excess soil characterization, which are intended to be placed in a separate document referenced by the regulation
Schedule C, providing excess soil reuse standards and approaches, which are intended to be placed in a separate document referenced by the regulation
Proposed consequential amendments to Regulation 347 (General Waste Management)
Proposed consequential and minor amendments to Ontario Regulation 153/04 (Records of Site Condition)
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
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
Both documents are posted for input on the Environmental Registry - April 24, 2017 to June 23, 2017

5. Proposed Designation of Excess Soil as a Waste
The proposed regulation would designate excess soil as a waste when it leaves a project area
Excess soil would cease being a waste once it is relocated to an appropriate receiving site that is not a waste disposal site.
The designation of excess soil as a waste ceases at the moment at which at which one of the following occurs:
the excess soil is deposited at a receiving site that is governed by a site specific instrument or by-law,
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.
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.
Site specific instrument or by-law includes things like a site alteration permit under the Municipal Act, a license under the Aggregate Resources Act, etc.
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)

6. Excess Soil and the Waste Designation
Excess Soil is NOT Designated Waste
Excess Soil is NOT Designated Waste
Excess Soil is Designated Waste
Temp. Storage Site
Project Area (Source Site)
Receiving
Site
Processing Sites/Soil Banks
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
Not waste if reused on-site
Becomes waste when moved off-site
Waste if undergoing on-site processing
Haz Waste is waste from time of excavation
Landfill

7. Waste-Related Approvals and Requirements
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
Temp. Storage Site
(no ECA)
Project Area (Source Site)
Receiving
Site
(No ECA)
Processing Sites/Soil Banks
(ECA)
Landfill
(ECA)

8. Proposed Requirement for an Excess Soil Management Plan
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.
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:
Quantitative Trigger - if 1000m³ or greater of excess soil is to be moved off site
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)
Some exemptions are proposed from the need for a Plan:
Emergencies (e.g. spills and emergency infrastructure failure)
Regular maintenance of infrastructure, including stormwater pond clean outs
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 source project area is on Crown land
If the source 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)

9. Proposed Requirement for an Excess Soil Management Plan
The proposed required contents of a Plan are specified in Schedule A; mandatory components of a Plan would include:
project area description and ownership
project description and soil management requirements
involved QP(s) and contractors
excess soil sampling plan and excess soil characterization
excess soil receiving site locations, ownership and property information
tracking system and description of records being kept
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
a cumulative record of excess soil moved (receiving sites, volume, quality)
a record of plan modifications
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 a Plan for a project if the QP has a direct or indirect interest in the project.
No person would be able to construct a building, if the building includes shoring, unless a Plan has been prepared and registered in the Registry. This is proposed to be applicable law under the Building Code.

10. Excess Soil Registration and Registry
Required Registration
The new Excess Soil Reuse Regulation would require, in an online registry, registration of a notice that an Excess Soil Management Plan 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 are not subject to a Plan (e.g., infrastructure projects and stormwater pond maintenance 1000m³ or greater).
Registry
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

11. Proposed Tracking and Record Keeping Requirements
Required Tracking System
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
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.

12. Proposed Sampling Requirements (Schedule B)
Excess Soil Characterization Requirements
Excess Soil characterization requirements, including sampling requirements, would, preferably, be in a document referenced by the regulation and supported by guidance
Characterization requirements would be applicable to sites for which a Plan is required
Key elements of the characterization required include a phase one environmental site assessment, a sampling and analysis plan and an excess soil characterization report
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
Minimum sampling frequency provided for in-situ sampling and sampling in stock-piles
Minimum parameters to be tested are provided

13. Proposed Reuse of Excess Soil at Receiving Sites (Schedule C)
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.
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).
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
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
Alternative risk assessments, such as community-based risk assessments, are also proposed to be acceptable through more formalized procedures.

14. Complementary and Minor Amendments to other Regulations
In Regulation 347 (General Waste)
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)
To align requirements at record of site condition sites with proposed excess soil requirements, the following amendments are proposed:
Fill quality requirements would meet the new Excess Soil Reuse Standards for soil brought to a Record of Site Condition property
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
MOECC, Dec. 2016
MOECC, Dec. 2016

15. Please Provide Comments
Environmental Registry regulatory proposal posting closes June 23, 2017
Please respond through the Environmental Registry at (EBR # )
or send comments to:
If you have questions on this proposed package, please contact Sanjay Coelho at or by phone at

16. Excess Soil and Municipal Infrastructure Projects Summary
“Infrastructure project” is defined
Would include development of highways, streets, roads, and bridges, mass transit and airports, water supply, wastewater, storm water, waste treatment, electric power generation, transmission and telecommunications.
Would not include community infrastructure – e.g. libraries, community centres
Waste Designation
Soil reused in the project area would not designated waste
Excess soil would be designated a waste as soon as it leaves the project area
It ceases being waste if:
Deposited at another infrastructure project of the same proponent (municipality)
Deposited and used at another appropriate receiving site in accordance with the proposed rules
Excess Soil Management Plan (ESMP)
If it meets the triggers, an ESMP is generally required for new and replacement of infrastructure
Infrastructure maintenance is exempt - maintenance is not defined, but we have heard it must be
Emergency work would be exempt from the need for an ESMP
Also exempt if excess soil is being transferred between infrastructure projects of the same proponent
Excess Soil Movement Registration and Record Keeping
A Cumulative Record and Registration of movement would be required if an ESMP is required.
Registration also required if 1000m3 of excess soil is generated, including information on movements between infrastructure projects.
Hauling records are required of all soil movements.
Stormwater Sediment
Stormwater sediment may be excavated, dewatered and reused on-site without being considered waste
If leaving a site, stormwater sediment may be dewatered on-site and then managed as excess soil
If leaving a site and not dewatered, the sediment would, generally, be managed as liquid waste

17. Integration with Receiving Site Instruments
Includes municipal fill by-laws, aggregate licenses, plans of subdivision (together with associated agreements), …
Help to clarify:
Use of the property and use of soil deposited at the property
Quantity needed
Appropriate quality
Can specify receiving site audit requirements – enhance certainty for all
Location of fill
May address operational issues, e.g. timing of operations, noise control, fees
May reference MOECC reuse standards, but flexibility to vary as appropriate
Relationship to Waste Designation
May relate to/clarify a “beneficial use” for the soil
May clarify appropriate standards
Provide greater certainty that excess soil is appropriate, not waste
Relationship to Excess Soil Management Plans
Instruments help to identify the quality and quantity of soil acceptable when a source is identifying appropriate receiving sites
Source sites with Plans will certainly have characterization that can be requested

18. Appendix: Process Flowchart
Project Planning and Design
Excess Soil Management Planning
Excess Soil 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? No
Determine receiving site considering waste designation
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
Identify intended receiving sites
Complete soil characterization
Phase 1 ESA
Sampling Plan
Sampling and analysis
Report
Plan tracking system
Implement Plan
Cumulative record of soil movements maintained
Close off Plan
Retain copy of Plan and records
Tracking system implemented – from excavation to reuse
Building permit issued
Registration
Not all proposed registration requirements are shown
Create notice that plan has been prepared
Close off record
Register soil movements, regularly
Create and maintain source site record in registry

19. Excess Soil Policies in the Growth Plan for the GGH
4.2.9 A Culture of Conservation
2. Municipalities should develop excess soil reuse strategies as part of planning for growth and development.
3. Municipal planning policies and relevant development proposals will incorporate best practices for the management of excess soil generated and fill received during development or site alteration, including infrastructure development, to ensure that:
any excess soil is reused on-site or locally to the maximum extent possible and, where feasible, excess soil reuse planning is undertaken concurrently with development planning and design;
appropriate sites for excess soil storage and processing are permitted close to areas where proposed development is concentrated or areas of potential soil reuse; and
fill quality received and fill placement at a site will not cause an adverse effect with regard to the current or proposed use of the property or the natural environment and is compatible with adjacent land uses.

20. Excess Soil Policies in the Greenbelt Plan
4.2 General Settlement Area Policies
For lands within the Protected Countryside, the following policies shall apply:
6. Municipalities should develop excess soil reuse strategies as part of planning for growth and development.
7. Municipal planning policies and relevant development proposals shall incorporate best practices for the management of excess soil generated and fill received during development or site alteration, including infrastructure development, to ensure that:
a) Any excess soil is reused on-site or locally to the maximum extent possible and, where feasible, excess soil reuse planning is undertaken concurrently with development planning and design;
b) Appropriate sites for excess soil storage and processing are permitted close to areas where proposed development is concentrated or areas of potential soil reuse; and
c) Fill quality received and fill placement at a site will not cause an adverse effect with regard to the current or proposed use of the property or the natural environment, and is compatible with adjacent land uses.

21. Excess Soil Policies in the Oak Ridges Moraine Conservation Plan
Excess soil and fill
36.1. Official plan policies and development proposals shall incorporate best practices for the management of excess soil generated and fill received during any development or site alteration, including infrastructure development, to ensure that,
excess soil is reused on-site or locally to the maximum extent possible;
where feasible, excess soil reuse planning is undertaken concurrently with development planning and design; and
the quality of fill received and the placement of fill at the site will not cause an adverse effect with regard to the current or proposed use of the property, the natural environment or cultural heritage resources and is compatible with adjacent land uses.