Table 1, 2.1, 3.1, 4.1, 5.1,…

Table 1, 2.1, 3.1, 4.1, 5.1, 6.1, 7.1, 8.1, 9.1, Appendix 2 - Rules for Soil Management and Excess Soil Quality Standards
Quality of material removed, may be better then the quality of the reuse material proposed by the Contractor QP, but it still meets the Excess Soil Regulation and Rules for Soil Management and Excess Soil Quality Standards – Table 3.1. MECP language related to contaminated or parameters above the allowable/ detectable limit should be reviewed. There should be regulatory language added that soil stays if the import material is lower quality then what is to be removed.

Removal assessment / approval low risk sites. Based on a recent example, this places complete risk on the owner and minimizes contractor responsibility to provide proper soil to site.

Section 8 – Registry – O.Reg 406/19
Owner may not be able to easily locate or check that Destination Sites proposed by contractor are suitable or acceptable to owner. Current registry does not allow easy searching for Reuse sites by proximity – only by keyword or listed by “Community”. Only large (>10,000m3) reuse Sites need to register. A listing of registered Reuse Sites accompanied by a map would assist with matching Sites. Also, listings of Class 1 Site and type of Site/ECA (Soil Bank or Soil Processing) to assist with Site matching on RPRA would aid the process of the selection of Destination Sites.

Section 20 – Beneficial Reuse Assessment Tool – O.Reg 406/19
Regarding the requirement for Destination Sites to agree in writing to take the soil: “Agree in writing” is not clearly defined. It would be helpful if this was further clarified or a standard template developed for use by Owner/Destination Sites to have for their records.

Regarding remediated soil requiring disposal or treatment to be removed from the Site: the regulation does not provide clarity on the handling of impacted soils from remediation. Communication with the MECP has indicated that a Remediation Project that will be removing soil from the Site (and would therefore very unlikely to be exempt unless <100m3) must register a project area notice even if all soil is going to landfill or Class 1 Site. Additional clarification is required for this as the only reference in the Reg and Soil Rules is to heavily impacted soils and further reference to remediation sites should be considered.

Section 6 – Excavated Soil Processed at Project Area, Section 17 – Transportation of Soil Excess Soil – O.Reg 406/19
Liquid Soil - Previously liquid soil was often treated by owners as liquid waste (vac trucks) but it is now considered Excess Soil under the Reg (unless otherwise classified as waste). Although some clarification has been provided, additional clarity on handling hydrovac material and how this should be characterized, if required, would be beneficial.

In general, we think testing, confirmation of soil quality and tracking should be done, regardless of volume.