Proposed Regulatory…

Proposed Regulatory Amendment 6:

It is my understanding that the Ministry of the Environment, Conservation, and Parks (MECP) intended to clarify that in-situ sampling is deemed suitable and accurate for characterizing sediment in stormwater management ponds (SWMPs). If this interpretation is correct, the additional requirement for post-dredging confirmatory sampling appears redundant and is likely to present practical challenges.

Due to SWMP project-specific constraints—such as spatial limitations and scheduling restrictions—confirmatory ex-situ sampling is often not feasible. Any requirement for post-dredging sampling could introduce substantial risks for tendering/project costs and overall project execution.

Alternatively, a Qualified Person (QP) could include a statement within the Soil Characterization Report affirming that the in-situ sampling results provide a representative and sufficient characterization of sediment conditions. This statement would negate the requirement for additional ex-situ confirmatory sampling unless specific project conditions or identified risks justify further testing. In other words, post-dredging sampling should be based on the QP's professional judgement, only if deemed necessary.