Enabling greater beneficial reuse of excess soil

Introduction

Ontario is committed to reducing red tape and regulatory burdens on businesses to support the development of housing, highways and other critical infrastructure. Our commitment extends to supporting the circular economy by ensuring excess soils are effectively reused.

To advance this goal, the Ministry of the Environment, Conservation and Parks is proposing amendments to Ontario Regulation 406/19: On-Site and Excess Soil Management (the Excess Soil Regulation) under the Environmental Protection Act, and the Rules for Soil Management as well as Excess Soil Quality Standards (the soil rules), which are incorporated by reference in Ontario Regulation 406/19.

In 2019, we made the Excess Soil Regulation, supported by the Soil Rules document and risk-based soil reuse standards, to provide clear rules supporting the reuse of excess soil and to help stop illegal dumping of excess soil. The Excess Soil Regulation is now largely in effect. A final provision for restricting landfilling of cleaner soil is going to take effect on January 1, 2025.

Since 2019, we have heard and responded to stakeholder concerns and suggestions. We continue to collaborate with stakeholders and Indigenous communities to ensure effective implementation of this regulation. This proposal reflects ongoing stakeholder input and includes the following amendments:

1. Change the in-effect date of the restriction on landfilling certain types of excess soil by moving it out by two years, from January 1, 2025, to January 1, 2027, to allow more time to understand and apply the restriction with minimal confusion and disruption. Clarification of an exception to this restriction is also proposed.
2. Remove requirements for waste Environmental Compliance Approvals (ECAs) for third-party storage and processing of excess soil at aggregate reuse as well as small liquid soil processing sites, with regulatory rules to be followed instead (note: this is a revised proposal from what was previously proposed in October 2023; see ERO 019-7636).
3. Enable greater reuse of aggregate and stormwater management pond (SWMP) sediment by providing some flexibility related to meeting applicable excess soil quality standards in respect of asphalt-related contaminants and naturally occurring exceedances.
4. Allow greater flexibility for the reuse of soil, that is not known or likely to be contaminated, between project areas and reuse sites of infrastructure projects of the same type and by the same project leader, being undertaken concurrently, including not subjecting the soil to the waste designation and reuse criteria.
5. Adding exemptions for project areas for infrastructure from most of the reuse planning requirements if the soil is being moved to an infrastructure reuse site, when the project areas and reuse sites are owned by different project leaders and reuse site operators. Filing a notice in the Excess Soil Registry for these project areas would still be required.
6. Where sampling and analysis is required, allow in-situ sampling of storm water management pond (SWMP) sediment to reduce time and cost associated with its characterization.
7. Consider the use of regional mapping of areas that naturally exceed the excess soil standards for certain parameters as a basis for enabling greater reuse of excess soil with such exceedances.
8. Other clarifications and corrections, including for delineating project areas and temporary off-site storage of soil before being returned to the project area, temporary use of excess soil to facilitate an undertaking, and sampling clarifications to account for substances added to soil to facilitate excavation.

Please refer to the attached document under “Supporting Materials” for additional detail related to the proposed amendments.

If approved, after consideration of feedback, the proposed amendments could be finalized, and some amendments may come into effect on, January 1, 2025. The need for transition provisions and related amendments to Regulation 347 and Ontario Regulation 153/04 may also be considered. Additionally, the proposal regarding the recognition of mapping for areas with naturally-occurring exceedances may be finalized at a later date, following further consideration of initial feedback.

We may also consider other administrative / consequential amendments or non-substantial clarifications (e.g., grammatical corrections).

Regulatory impact statement

The proposed amendments aim to offer cost and time savings for municipalities, developers, and soil management businesses, by reducing burden and providing greater flexibility under the Excess Soil Regulation.

Moving the in-effect date of the landfilling restriction by two years and clarifying the exceptions from the restriction would alleviate stakeholders’ immediate concerns, prevent unintended cost or time from delayed projects due to misunderstanding the restriction, and allow the ministry more time for education and outreach efforts.

Proposed amendments for exemptions from a waste ECA would save cost and time for lower-risk operations, while ensuring operations remain practical for excess soil management.

Proposed flexibility for reuse of aggregate and stormwater management pond sediment would reduce costs of hauling and landfilling in relation to material that can be reused, particularly in other infrastructure projects.

Proposed amendments to allow in-situ sampling for stormwater management ponds would reduce the cost of sampling, as well as provide greater efficiency for sediment management.

This proposal would not have a significant environmental impact as important rules regarding the management of excess soil remain in place or are clarified. For example, exemptions from waste ECAs are accompanied by regulatory rules to ensure there is no adverse effect to human health or the environment. Options for greater reuse of aggregate material with exceedances include criteria that must be followed to prevent adverse impacts, such as only allowing reuse in specific types of projects.