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Bruce Power Comments to MOECC on EBR 13-2774

1. Definition of Waste

1. Comment:
Consider modifying the waste designation to be based on soil being non-contaminated vs. contaminated in accordance with O. Reg 153 and O. Reg 347 rather than the designation of a waste soil being dependent on the physical state of liquid (waste) vs dry (not waste).

1. Questions/clarification:
What is the rationale for designating liquid soil as waste? Why is liquid soil excluded from a TSSS, reuse site or soil bank? Why does passive drainage/dewatering of liquid soil cause it to be designated as waste?
What is the definition of “passive aeration”?
What is the difference between passive aeration and passive drainage/dewatering?
How does one aerate the soil without passive drainage?
Does the definition of “excess soil” exclude “liquid soil”?
Where does one take their liquid soil to dry prior to transfer to a TSSS or a reuse site? The regulation and rules restrict management of liquid soil and all reuse and TSSS areas are only meant for dry soil, where and how is liquid soil meant to be managed in the interim prior to it becoming dry? Does a soil bank storage site include liquid soil?

1. Rationale:
Consider the implications of the proposed regulation on the management of hydro-excavated material which has been shown to be clean and tested in accordance with O. Reg 347 and O. Reg 153.
Defining all liquid soil as waste will:
• Increase waste volume generated
• Increase cost of disposal of soils
• Increase the carbon footprint due to transportation to waste disposal facilities

1. Recommendation:
Consider the first step in soil management requirements to be that the generator tests soil in accordance with O. Reg 153 and O. Reg 347 as required, whether or not it is liquid or dry. If it is contaminated, define the soil as waste. If it is clean, it is not waste.
If the clean soil is dry – manage it as per the proposed regulation.
If the clean soil is liquid (as per the slump test requirements of O. Reg 347) manage it the same as the dry soil and add additional requirements to manage runoff, processing and storage requirements in keeping with best management practices.
Consider revising the proposed regulation to include clean hydro-excavated material in the definition of excess soil rather than defining it as waste.
Describe specifically what the options are for managing liquid soil material in the context of the proposed regulation from the time it is excavated to the point of storage, reuse or disposal.

2. ECA Requirements:

2. Comment:
Include specific direction/instruction as to which hydro-excavation activities and management of soil activities require an ECA.

2. Rationale:
A site requiring an ECA for dewatering clean liquid soils is restrictive - particularly on sites with buried infrastructure/services where hydro-excavation is the only option for maintenance and/or new projects.
Contractors/vendors performing hydro-excavation activities and management of the hydro-excavated materials do not always operate under an ECA.
Consider that managing clean liquid soil as a waste requires the use of ECA approved waste management systems and would require significant transportation to ECA approved facilities that would handle the material as liquid industrial waste. Consider that there may not be facilities that can accept it within a reasonable distance to all project areas.

2. Recommendation:
An ECA should not be required for hydro-excavation activities including hydro-excavation and material unloading unless the material is designated as waste.

3. Naturally Occurring Radioactive Materials:

How are Naturally Occurring Radioactive Materials considered in this proposal as per the Health Canada Guideline “Canadian Guidelines for the Management of Naturally Occurring Radioactive Materials”?

In accordance with the Health Canada Guideline “Canadian Guidelines for the Management of Naturally Occurring Radioactive Materials”, there are limits and restrictions that need to be taken into account for the transportation activities and the receiving facilities accepting material that contains NORMs.

The identification and management of the NORM characteristic of excess soil should be addressed in the proposed regulation through monitoring at the source site and/or receiving facility and/ or through analytical requirements.