PROPOSED

EXCESS SOIL MANAGEMENT

POLICY FRAMEWORK
TABLE OF CONTENTS

1.0 INTRODUCTION ......................................................................................................................... 3

1.1 CONTEXT .............................................................................................................................. 3
1.2 ENVIRONMENTAL BILL OF RIGHTS REVIEW ........................................................................ 4

2.0 NEED FOR A REVISED POLICY FRAMEWORK ............................................................................. 6

2.1 SUMMARY OF FINDINGS FROM ENGAGEMENT.................................................................. 6
2.2 SUMMARY OF FINDINGS FROM RESEARCH ........................................................................ 7

3.0 POLICY FRAMEWORK APPROACH ............................................................................................. 9

4.0 GOALS AND PRINCIPLES .......................................................................................................... 14

5.0 POLICY NEEDS AND ACTIONS .................................................................................................. 15

1. SOURCE SITES ..................................................................................................................... 16
2. INTERIM SITES .................................................................................................................... 18
3. RECEIVING SITES ................................................................................................................ 20
4. TECHNICAL STANDARDS .................................................................................................... 23
5. PLANNING FOR RE-USE OPPORTUNITIES ........................................................................... 25
6. INTEGRATION AND IMPLEMENTATION ............................................................................. 26

6.0 PRIORITIES AND TIMELINE ...................................................................................................... 29

7.0 QUESTIONS FOR CONSIDERATION .......................................................................................... 31

8.0 APPENDICES ............................................................................................................................ 32

8.1 EXISTING POLICY.................................................................................................................. 32
8.2 SUMMARY OF SELECT OTHER JURISDICTIONS .................................................................... 34
8.3 SUMMARY OF KEY ISSUES HEARD ....................................................................................... 36
8.4 GLOSSARY OF FREQUENTLY USED TERMS .......................................................................... 39

2
1.0 INTRODUCTION

1.1 CONTEXT

Excess soil is a result of intensive land development across the province. While cities
continue to grow, proper excess soil management is necessary to protect human health
and the environment.

Managing excess soil in a responsible way is integral to building sustainable

communities. Improper management can result in
impacts to ground or surface water quality and/or
quantity, natural areas and agricultural lands, and
cause a number of local issues including concerns What is excess soil?
regarding noise, dust, truck traffic, road damage,
erosion, drainage and other social, health and Excess soil is soil that is excess to
environmental concerns. requirements at a construction or
development site or project
The Growth Plan for the Greater Golden (“source site”); it is not needed on
Horseshoe, under the Places to Grow Act, 2005, the source site after it is
and the Provincial Policy Statement, 2014 under excavated and must be moved to
the Planning Act encourages the redevelopment a new, off-site, location. Soil
of brownfield sites and intensification of urban remaining within a project site is
areas. Redevelopment of brownfield sites (those not considered excess soil (see
with former industrial or commercial activities) can glossary – Section 8.4 - for more
also generate excess soil, with potentially elevated detailed definitions of italicized
levels of contaminants. As urban areas intensify, terms).
opportunities to re-use soil on-site become limited
which results in excess soils needing to be
transported from the redeveloped sites.
Development of infrastructure, such as transit systems, may also generate excess soil.

Management of excess soil is a growing concern in the Great Toronto Area (GTA) and
rural municipalities surrounding the GTA. The issue has received media attention with a
focus on illegal dumping of soil, site alteration by-laws, commercial fill operations,
tracking excess soil, concern over the quality of excess soil, and protection of the
environment, water, and agriculture.

The way excess soil is managed and disposed of also impacts greenhouse gas
emissions. Annually, thousands of trucks move excess soil around the province emitting

3
greenhouse gases. Local re-use of excess soil can reduce these greenhouse gas
emissions.

While existing legislation, regulation, by-laws and policies address different aspects of
excess soil management such as waste approvals for soil processing sites, records of
site condition for brownfields redevelopment sites, and municipal permits under site
alteration by-laws – see Appendix 8.1 for more information), there is no overall policy
framework for the management of excess soil.

In January 2014, the Ministry of the Environment and Climate Change (MOECC)
released a guide titled the “Management of Excess soil – A Guide for Best Management
Practices” (BMP). This BMP sets out the province’s expectations for all those managing
soil and encourages the beneficial reuse of excess soil in a manner that promotes
sustainability and the protection of the environment. It assists those managing excess
soil, particularly when the excess soil may be affected by contamination, and in
preventing and mitigating the potential for adverse effects. The BMP encourages re-use
of soil and provides guidance on managing excess soil at the site where it is excavated,
during its transportation and where it is received.

Many organizations in Ontario are working to improve the management of excess soil
through their own activities (including industry best management practices, conservation
authority guidelines, municipal pilot projects, qualified person guidance and soil
matching programs). The province developed the proposed Excess Soil Policy
Framework to protect human health and the environment from inappropriate relocation
of excess soil and enhance opportunities for the beneficial reuse of excess soil.

1.2 ENVIRONMENTAL BILL OF RIGHTS REVIEW

In January 2014, the Ministry of the Environment and Climate Change accepted to
undertake a review of excess soil management in response to an Environmental Bill of
Rights (EBR) application of November 2013.

The application for review requested “a review of the need to establish a new
comprehensive, province-wide policy to address the problem of compromised soil”. The
applicants stated that they were concerned about the impacts of what they termed
“compromised soil” from urban development to health and safety and the environment.
They also stated that current rules related to excess soil were a “patchwork” with a lack
of oversight and called for leadership to ensure “compromised soil is disposed of
properly.” They also asked for a multi-ministry approach, including involvement from
the Ministry of Municipal Affairs and Housing.

The EBR review supports a provincial commitment made in Ontario’s Great Lakes
Strategy to “develop a policy framework for soil management, including encouragement
of best management practices to support the re-use of excess soil for beneficial uses,
as long as it can be done in a way that protects human health and the environment.”

4
Further, this issue was recognized in the
Ontario legislature. In December, 2014, a
motion received all party support for the
government to “…consider the development
of a strategy for disposing of [excess soil] in a
sustainable and environmentally conscious
fashion”.

The EBR review also assessed whether

certain aspects of MOECC’s BMP required
additional policy to support its implementation
and address any policy gaps.

As part of undertaking the review, the

MOECC convened a multi-ministry working
group, consisting of Ministries of Municipal
Affairs and Housing; Natural Resources and Forestry; Agriculture, Food and Rural
Affairs; and the Ministry of Transportation, Economic Development, Employment and
Infrastructure and Tourism, Culture and Sport. This group helped inform the findings of
the review and will continue to work together to develop the solutions needed to
implement the recommendations of the review.

Listening sessions on the application for review were held in the fall 2014, including:
• Two sessions with a wide range of municipalities
• Agricultural and rural community sectors
• Select Conservation Authorities and Conservation Ontario
• Ontario Environment Industry Association
• Residential and Civil Construction Alliance of Ontario
• Ontario Sand, Stone and Gravel Association
• Municipal Engineers Association
• Association of Professional Geoscientists / Professional Engineers Ontario
• Ontario Waste Management Association
• Brownfield stakeholders, the development sector, and government agencies
including Infrastructure Ontario and Metrolinx
• Local community and environmental groups

First Nations were informed about the review and a meeting was held with those that
expressed interest.

The MOECC and other ministries re-engaged select representatives in Fall 2015 to
validate and discuss preliminary findings and outline the general elements of the
proposed framework (see Appendix 8.3 for a list of what was heard in these sessions).
The conclusion from these sessions is that there is wide support for the proposed
approach.

5
2.0 NEED FOR A REVISED POLICY FRAMEWORK

The province consistently heard that the current system for oversight and management
of excess soil requires stronger direction and clear and enforceable rules which clearly
identify the roles and responsibilities as excess soil is generated and then moved from a
source site to a final receiving site.

2.1 SUMMARY OF FINDINGS FROM ENGAGEMENT

Through stakeholder engagement, it was assessed that excess soil management policy
could be clarified and improved, and that some new policies may be warranted,
including a need for:

• greater responsibility by owners of source sites that generate excess soil to

ensure that their excess soil reaches appropriate receiving sites
• clearer roles and responsibilities amongst all who manage or provide an
oversight role in the management of excess soil
• filling specific gaps in receiving site oversight and new guidance to
promote better oversight at receiving sites, including to inform municipal by-
laws,
• greater clarity of existing regulations such as brownfields-related
requirements and inert fill provisions clarifying when excess soil must be
managed as a “waste”
• enhanced enforcement mechanisms and tools to address illegal activities
• clearer technical guidance and direction with respect to excess soil re-use
standards and testing procedures, to assist technical professionals, to integrate
into oversight policies, and to help ensure excess soil management is protective
of human health and the environment
• better tracking and record keeping of excess soil movements to confirm that
excess soil reaches intended receiving sites and to facilitate oversight
• protection of sensitive areas of provincial and local interest, including
natural heritage and hydrologic features and functions, farmland, and significant
cultural heritage landscapes and archaeological resources
• greater consideration of excess soil management when planning for
development and infrastructure projects, to better plan for appropriate excess soil
re-use and to identify and promote local re-use opportunities for excess soil

6
 By improving these areas, the province could further strengthen environmental
protection and provide greater confidence in the proper management of excess
soil.

2.2 SUMMARY OF FINDINGS FROM RESEARCH

Further reviews and assessments have informed the need for policy. Key research
findings indicate:

• Ontario could learn from approaches in other leading jurisdictions: Other

jurisdictions including the United Kingdom (CL:AIRE), Quebec, the Netherlands
and some US states, such as Massachusetts, employ a range of approaches and
a variety of tools to provide oversight to the management of excess soil. These
approaches range from extensive government oversight through regulation,
tracking, and planning for re-use to more flexible and voluntary approaches
allowing industry to self-regulate and agreed upon codes of practice (see
Appendix 8.2 for more information).

Key lessons learned from these jurisdictions include the need for:
o Clearly articulated goals and principles to guide governments, local
authorities and industry
o Rules around tracking of excess soil to improve compliance, garner public
confidence and allow for transparency
o Clear roles and responsibilities for those who manage excess soil,
whether it be industry, government or qualified persons
o Standards to allow for the beneficial reuse of excess soil as a resource,
while protecting sensitive areas and clearly articulating when excess soil is
a waste
o Greater source site responsibility, including better planning early on in the
development planning process to encourage excess soil re-use and
minimize the need to move excess soil.

• Existing policy tools do not provide adequate oversight over the life cycle
of excess soil: The current oversight for managing excess soil focuses on
receiving sites. Municipalities and conservation authorities are the main
permitting bodies for these receiving sites through site alteration by-laws under
section 142 of the Municipal Act and regulations made under section 28 of the
Conservation Authorities Act. Excess soil may also be received at sites overseen
by other legislation such as the Aggregates Resources Act or landfills under the
Environmental Protection Act. Generally, the MOECC may respond to incidents
of mismanagement of excess soil if there are complaints of illegal dumping of
waste or of potential adverse effects under the Environmental Protection Act.
Existing policy tools are not clear regarding source site responsibility, and the

7
 policy tools providing authority for oversight of receiving sites leave some gaps in
authority.

• Excess soil from “brownfield” sites could be better tracked: The MOECC
reviewed Records of Site Condition (under O. Reg. 153/04 of the Environmental
Protection Act). Records of Site Condition are required to be filed when a
property use changes from a lesser to more sensitive use (e.g. industrial use to
residential). In its analysis the MOECC found that many of these properties are a
source of excess soil. While the regulation requires information on soil moving on
to these properties, there are no requirements or records of where excess soil
may be going once it leaves these properties. Since this excess soil may be
leaving properties which once had industrial or commercial uses, it is important
for it to be managed properly and tracked.

• Municipal site alteration by-laws could benefit from additional guidance to

promote better oversight: Many municipalities have recently updated their by-
laws to assist in the management of excess soil. These by-laws often vary in
scope based on local challenges, with some adopting strong municipal control
and restrictions and others allowing for fill placement under differing degrees of
oversight. Some of these by-laws incorporate MOECC soil quality standards for
Records of Site Condition and others do not. Similarly, some allow for recovery of
costs of oversight through revenue and others do not. They also incorporate a
variety of rules to provide oversight to other matters associated with the
management of excess soil, including noise, truck traffic and dust. The varying
approaches has resulted in the movement of excess soil to those jurisdictions
with limited capacity to deal with the issue and/or less stringent requirements.

• There is confusion about what standards should apply to the movement of

excess soil and when excess soil is “inert fill”: In the absence of provincial
direction on standards for excess soil movement, brownfields standards are
being applied. However, these standards were not developed to be used in
relation to excess soil movement. The models used to develop these standards

8
 are based on potential spill scenarios that may have occurred at a property
where a Record of Site Condition is to be filed and were not designed to deal
with large amounts of fill from many locations being deposited at a particular
property.

Regulation 347 under the EPA (Waste Management – General) designates “inert
fill” as a waste and then goes on to exempt “inert fill” from the waste
management requirements under Part V of the EPA. “Inert fill” is defined as
“earth or rock fill or waste of a similar nature that contains no putrescible
materials or soluble or decomposable chemical substances”. Currently
generators of excess soil must decide whether their excess soil meets the
definition of inert fill but there are no clear means to make this determination.

• Approvals for processing sites could be clarified: The MOECC reviewed

Environmental Compliance Approvals for soil processors and mobile soil
processors and found that since1993 approximately six applications have been
approved, with two pending approvals for 2015. The MOECC found that older
approvals had differing approaches related to the management of excess soil,
with newer ones being more consistent and taking into account the MOECC’s
January 2014 BMP.

• There is a general lack of information about the amount and quality of

excess soil being managed in Ontario: The Residential and Civil Construction
Alliance of Ontario (RCCAO) estimates that approximately 20 million cubic
metres of excess soil is excavated annually from construction sites from 2008 to
2010. However these figures are based on broad assumptions and the actual
movement of excess soil is largely unknown. Similarly the quality of the excess
soil moving in Ontario is largely unknown.

3.0 POLICY FRAMEWORK APPROACH

This document outlines a proposed policy framework and proposed actions

under that framework.

The proposed policy framework embraces an approach that puts materials, like excess
soil, back into the system so that they can be reused, when safe to do so. To achieve
this, it is necessary to move toward a system that better provides for life-cycle
management, with greater responsibility placed on the source sites of excess soil. This
approach recognizes that the generators of excess soil are in the best position to
support its reuse.

9
The current oversight for managing excess soil focuses on receiving sites. The
province heard about the need for generators of excess soil to be more responsible for
proper management, including ensuring that soil reaches an appropriate receiving site.
Greater source site responsibility also enables proper planning for re-use of excess soil;
better tracking of excess soil movements; and matching of excess soil with appropriate
receiving sites.

Under the new proposed framework source sites would be responsible for
characterizing their excess soil, tracking it, and verifying that their excess soil reaches
an appropriate destination. They would also be encouraged to re-use excess soil
wherever appropriate, minimizing the need to move excess soil in the first place.
Together, these requirements would help enhance due-diligence at both source sites
and receiving sites.

Building on and Enhancing Existing Tools

Under the proposed framework, excess soil management and oversight would continue
to be provided at receiving sites through existing permitting authorities, including
municipalities and conservation authorities. This approach recognizes the local
knowledge of public bodies, the value of these tools and bodies to address local
concerns and the efforts they have put in to date to deal with the issue. Under this
framework, the province would provide technical guidance to help municipalities and
others impose appropriate conditions on sites that receive excess soil.

10
The approach will include a combination of a few critical new policy tools; consider
potential amendments to enhance and clarify existing policy tools; and provide guidance
to clarify application of existing tools under the framework.

Enforceable policy tools that are part of the proposed framework are noted in the
table below:

SOURCE SITES INTERIM SITES RECEIVING SITES

• NEW regulation on excess • Municipal Act (bylaws) • Municipal Act (bylaws)
soil management • Environmental • Conservation Authority Act
• Regulation 347, if Compliance Approvals for • Ontario Regulation 153/04
considered waste soil processing sites – records of site condition
• Aggregate Resources Act
• Environmental
Compliance Approvals for
land fill sites
• Environmental Protection
Act – no adverse effect
provisions

Other requirements would be set out in other regulatory tools, such as the Building
Code (applicable law) and Planning Act approvals where relevant.

Many guidance documents also exist that could be updated to help inform use of these
regulatory tools such as:
• MOECC’s BMP
• Ontario provincial standards (OPSS180 / 1010)
• RCCAO (Industry) BMP

Clarifying Roles and Responsibilities

Under the proposed framework, roles and responsibilities would be clarified. The
provincial role will be established through a multi-ministry approach. Ministries will
enable and facilitate, and in some cases provide oversight and implement, sustainable
excess soil management. All ministries will facilitate engagement with interested parties
in relation to their mandate.

The province recognizes that municipalities, conservation authorities and other public
bodies have multiple responsibilities with roles in oversight, planning for re-use and
implementation.

Industry and non-governmental organizations will help in the development of programs

to facilitate innovative approaches to soil re-use, use of best practices, compliance and
raising awareness, as illustrated in the diagram below:

Key roles are described below:

11
Ministry of the Environment and Climate Change
• minimum regulatory requirements for generators of excess soil
• technical guidance to facilitate consistency in oversight, management and re-use,
and general excess soil best practices
• clarification and enforcement of Environmental Protection Act and associated
regulations, e.g. no adverse effect, waste provisions, brownfields regulations
• integration of excess soil management requirements into relevant approvals, as
appropriate, e.g. processing sites

Ministry of Municipal Affairs and Housing

• guidance and educational materials to support municipalities, e.g. use of municipal
by-laws, land use planning and development approvals
• authority for municipal by-laws; provide for integration with other planning and
development regulatory tools, as appropriate

Ministry of Natural Resources and Forestry

• legislative authority for conservation authorities and associated regulations
• integration of excess soil management requirements into relevant approvals, as
appropriate, e.g. aggregate resource licenses and permits

Ministry of Transportation
• implement best practices for highway construction

Ministry of Agriculture, Food and Rural Affairs

• promotion of best practices for farmers

Municipalities and Conservation Authorities

• oversight of receiving sites, and integrating provincial guidance into municipal by-
laws and conservation authority permissions, as appropriate

12
• integrate sustainable excess soil management as appropriate into planning and
development decisions and infrastructure decisions and contracts

Qualified Persons
• provide accountability and credible advice consistent with provincial direction and
professional practice on technical matters
• provide quality assurance and consistency in advice

Industry, Property Owners and Non-Governmental Organizations

• owners of source sites are responsible for the management of excess soil from their
properties, including development of excess soil management plans, identification of
appropriate receiving sites, and appropriate contractual arrangements
• owners of receiving sites are responsible for the management of excess soil at their
properties, including development of fill management plans
• support implementation through development of programs to facilitate due diligence
(e.g. best practices, matching and tracking programs which could include a registry,
professional standards, education) potentially through non-governmental
organizations
• education of the industry community

The figure below provides an illustration of roles and responsibilities:

13
4.0 GOALS AND PRINCIPLES

The following goals would guide the implementation of a provincial framework:

1. Protect human health and the environment from inappropriate

relocation of excess soil
GOALS
2. Enhance opportunities for the beneficial reuse of excess soil

The following principles would further guide decision making with respect to the
provincial excess soil framework:

1. The public should have confidence in the management of excess soil.

2. Generators of excess soil should be responsible for appropriate management of
excess soil
3. Excess soil management should ensure that farmland, environmentally sensitive
areas and ecological functions are protected, and that the future uses of land are
considered.
4. Excess soil should be treated as a resource and not a waste, where it can safely be
reused
5. Generation of excess soil should be minimized, excess soil should be re-used
locally if possible, and planning for re-use should be undertaken early to maximize
opportunities for re-use
6. Movement of excess soil should be traceable to provide for transparency and
compliance
7. Approaches should be consistent, flexible, fair and enforceable, using modern
regulatory and compliance approaches.
8. Approaches should consider and integrate with existing business practices of the
public and private sectors, and should support development of industry-led
programs for sustainable re-use of excess soil.
9. Approaches should be science and evidence-based.

The principles of the Ministry of the Environment and Climate Change Statement of
Environmental Values would also be considered (e.g. precautionary principle, polluter
pays, etc.).

14
5.0 POLICY NEEDS AND ACTIONS
The figure below is an illustration of the proposed provincial framework – including its
overarching goals and actions to strengthen oversight of excess soil management.
Actions are described in greater detail in the next sections of the document.

15
 1. SOURCE SITES

1.1 Policy Needs

• Clear responsibility on the owner of the source site to provide better planning,
tracking, and management from “source to re-use” and increase due diligence.
• Ensure early characterization of excess soil and planning for beneficial reuse,
where feasible.
• Verify that excess soil is received at an appropriate location for reuse.
• Ensure relevant information is recorded on excess soil movement (e.g. quality,
quantity, source site, hauler, interim site, receiving site).

1.2 Actions to be Taken

The province proposes the following policy actions related to source sites:

1. MOECC to work with partner ministries to develop a new regulation under

the Environmental Protection Act requiring larger and/or riskier source
sites to develop and implement excess soil management plans certified by
a Qualified Person and made available to MOECC and local authorities.

The proposed regulation could apply to the following:

• Larger sites, defined by

a volume threshold to
capture larger
infrastructure projects and
larger developments (e.g.
buildings with
underground parking,
larger sub-divisions).
They would not include
smaller projects and
excess soil from
development of small
residential properties.

16
 • Risk-based sites, including industrial or commercial properties, or other
properties that have had a potentially contaminating activity or sites with
greater chance of having impacted excess soil.

The proposed regulation would require the owner of the source site to hire a
qualified person and ensure that an excess soil management Plan is prepared and
certified. The regulation and requirement for a Plan would not apply to soil remaining
at a site. The Plan would be required, at a minimum, to include the following:
• characterization of excess soil in-situ (including quality, type and volume)
• requirements for testing excess soil which could be based on past land use
and potential contamination
• identify and ensure receiving sites are authorized to accept excess soil (e.g.
site is regulated by municipal permit and authorized to accept specific quality
of excess soil)
• confirmation that the quality of excess soil is appropriate for the receiving site
and that testing results are made available to prospective receiving sites.
• tracking plan to ensure and verify the excess soil arrives at the receiving site
• standard record keeping requirements.

The new regulation would require the owner of the source site and any person
the owner contracts to manage excess soil from that property to implement the
excess soil management plan. The owner would also be required to retain a copy
of the excess soil management plan at the property for inspection on request of
the MOECC. If there is a failure to develop an excess soil management plan or a
failure to comply with a provision of the plan by any person, and excess soil from
a source site is deposited at another property unlawfully, in addition to any
enforcement action under the EPA that can be taken to deal with such non-
compliance such as prosecutions, the owner of the source site may be required
to remove the excess soil material from the site where it has been deposited and
transport it to an appropriate receiving site.

The new regulation would define what a Qualified Person is and may draw on the
definition of Qualified Person in O. Reg. 153/04.

Some ministries, such as the Ministry of Transportation (MTO) have developed

best practices for the management of excess soil and related materials that are
generated from infrastructure projects such as highways. The ministry will seek
to ensure that the requirements developed for soil management plans take into
account these best management practices and may consider methods to
recognize equivalencies of practices. To achieve this, it may be appropriate in
certain instances for the regulation to adopt by reference a government

17
 document such as a best management practice guideline, thus ensuring the
enforceability of that guideline.

2. MMAH and MOECC could require proof of an Excess Soil Management Plan
for issuance of certain building permits.

Requirement to have prepared an Excess Soil Management Plan could be made

applicable law for certain building permits. The requirement would be met by
showing the building official a letter issued from a Qualified Person certifying an
excess soil management plan has been developed. This would ensure that those
who manage excess soil consider implications early in a project, including the
need to minimize excess soil and maximize excess soil re-use, where
appropriate. It would also ensure that excess soil is characterized and
appropriate receiving sites are located before excavation of the soil.

3. MMAH and MOECC to promote linking requirements for excess soil

management to applicable Planning Act approvals through guidance

As a best practice, the province would promote linking planning for excess soil
management under any new regulatory requirements, such as the new
regulatory requirements outlined above, to applicable Planning Act approvals and
develop appropriate guidance to support implementation.

4. MOECC to work with Qualified Persons on excess soil management

guidance.

Guidance will be developed in partnership with professional bodies to help

achieve consistency and enhance public confidence in Qualified Person's work
and opinions. The guidance will assist in bringing together to help inform the
opinions of Qualified Person’s on such matters as implementation of regulatory
requirements; approaches to and direction on the use of standards; testing and
sampling frequency; direction on storage, remediation and other receiving sites;
best practices for record keeping; and other related matters. It could also serve
as a repository linking information from other sources of guidance.

2. INTERIM SITES

2.1 Policy Needs

• Encourage and allow for temporary excess soil storage where it supports
beneficial reuse at an appropriate location.

18
 • Authorize generators of excess soil to temporarily store the excess soil at
another location where they comply with a set of minimal requirements without
approval.
• Define appropriate temporary storage sites for excess soil and encourage
storage close to source/receiving site to reduce transportation and environmental
impacts.
• Clarify requirements for excess soil storage and soil processing sites.
• Distinguish between interim storage and processing sites governed by waste
approvals.
• Promote widespread remediation of contaminated soils to enable re-use and help
minimize the quantity sent to landfills for disposal, unless appropriate.

2.2 Actions to be Taken

The province proposes the following policy actions related to interim sites:

5. MOECC to clarify when waste approvals apply to excess soil processing

sites and prescribe requirements for temporary storage sites.

MOECC will continue to issue Environmental Compliance Approval (ECA) waste

approvals for excess soil processing sites (i.e. remediation) to promote
remediation while ensuring the environment and human health are protected.

The new EPA regulation would clarify when ECAs are required to permit the
temporary storage of excess soil. The regulation would establish the permissible
duration for temporary storage and specify minimum controls to ensure the
temporary storage does not become permanent and does not result in
unacceptable impacts.

6. MMAH with MOECC to consider approaches that would encourage

municipalities to identify appropriate areas (e.g. industrial) for excess soil
storage and processing to encourage local re-use, to be achieved through
ongoing updates to the provincial land use planning framework, including
the coordinated review of provincial plans.

MMAH working with MOECC to encourage municipalities to allow for off-site

excess soil storage and soil processing sites where appropriate.

19
 3. RECEIVING SITES

3.1 Policy Needs

• Improve rules for receiving sites, including improved oversight with specified
minimum environmental and technical requirements.
• Provide guidance to support local (e.g. municipal or conservation authority)
oversight for receiving site management
• Help address “nuisance effects” related to excess soil movement and placement
on the receiving site, such as noise, dust, odour, and truck traffic as well as wear
and tear of roads.
• Help address impacts related to climate change, including greenhouse gas
emissions from transporting excess soils over long distances.

3.2 Actions to be Taken

The province proposes the following policy actions related to receiving sites:

7. MMAH and MNRF to consider amendments to legislation to remove

restrictions on site alteration by-laws in conservation authority regulated
areas.

Changes would consider whether municipalities and conservation authorities

have the appropriate tools to address issues related to the management of
excess soil within their authority and that those tools work together effectively.

Municipalities currently have little control over the establishment and operations
of a commercial fill operation within the municipal boundaries if it is located in an
area regulated by the conservation authority. Conservation authorities are
limited under the Conservation Authorities Act to consideration of specific matters
which do not include many matters that could be considered under a municipal
by-law.

Section 142 of the Municipal Act, 2001, provides municipalities with specific
powers to prohibit or regulate the placing or dumping of fill, removal of topsoil,
and the alteration of the grade of the land, subject to certain limits, such as
subsection 142(8).

Subsection 142(8) provides that municipal site alteration by-laws have no effect
in areas that are regulated by the conservation authority under the Conservation
Authorities Act (the Development and Alterations regulations).

20
 Changes that would allow municipalities to regulate site alteration and placement
of fill within their municipality, while allowing conservation authorities to fulfill their
mandate, have been proposed. This would allow both conservation authorities
and municipalities to continue to work collaboratively to regulate the placement of
fill.

8. MMAH and MOECC to develop educational materials respecting receiving

sites, including larger (commercial) sites, to inform municipalities in the
development or updating of by-laws.

These educational materials would be used by municipalities to update and/or

create by-laws and inform the development of fill management plans (used at
receiving sites to manage excess soil being brought on to the site). The
educational materials could include information about:

• Guidance on fill quality standards;

• Use of Qualified Persons;
• Testing requirements (audit sampling, frequency);
• Record keeping and documentation (e.g. source sites, volumes and quality);
• Verification of source site;
• Contents of Fill Management Plans;
• Considerations for:
o filling in relation to natural features and maintenance of ecological
processes (e.g. infiltration);
o consultation, notification;
o traffic, transportation (trucking and haul routes);
o invasive species;
o odour, noise and dust; (during transport and during fill placement at the
receiving site)
o site security and signage;
o stormwater considerations and erosion controls;
o complaint receipt and handling;

21
 o groundwater protection considerations; and
o protecting significant cultural heritage landscapes and archaeological
resources.

9. MMAH and MNRF to explore, with partners, legislative and non-legislative

ways to improve compliance and enforcement with Municipal Act and
Conservation Authorities Act requirements.

Consider whether there is a need for changes to legislation, procedures or

consequences to provide better management and oversight of excess soil
matters.

10. MNRF to consider requiring record keeping for fill being brought to
licensed and permitted aggregate sites, through the current review of the
Aggregate Resources Act.

The importation of fill

for the rehabilitation
of aggregate sites
has been a growing
concern over the
past few years. To
ensure that all sites
that are authorized to
import fill for
rehabilitation are
maintaining minimum
records, changes are
being considered to
the Aggregate
Resources Act that
would require
existing sites to keep
records of fill (e.g.,
source, shipper,
deposit location) where it is brought onto a site for rehabilitation purposes. These
changes would address requirements related to fill now and will provide power to
improve record keeping and reporting on activities that could impact the
environment in the future.

11. OMAFRA and MOECC to develop best-practice guidance for farmers to

limit impacts of the importation of soil onto farmland.

Guidance would help clarify the issues that farmers should consider when
making decisions on importing excess soil onto their properties for use in their

22
 agricultural operations. The intent would be to limit negative impacts on
farmland.

This guidance could include information on:

• beneficial uses of imported excess soil;
• potential issues associated with bringing excess soil onto an agricultural
property (environmental impacts, drainage alteration, stockpile runoff/dust,
impacts on neighbouring properties, municipal considerations, insurance
coverage, legal considerations);
• the regulatory provisions, requirements and approvals that may apply
(provincial legislation, municipal legislation and bylaws, Farming and Food
Production Protection Act, Conservation Authorities Act); and

The intended outcome would be for farmers to be better informed of the benefits
and risks of accepting excess soil. Farmers would become more aware of
regulatory requirements and approvals for importing excess soil onto their
agricultural operations and will become familiar with best management practices
for handling and using excess soil in their agricultural operations.

4. TECHNICAL STANDARDS

4.1 Policy Needs

• Provide direction on technical matters such as standards for re-use and testing
requirements that:
o Ensure the protection of human and ecological health
o Reflect quality of excess soil appropriate for beneficial reuse at a variety of
receiving sites
o Enable characterization, and support tracking, matching, re-use, including
remediation
o Can be used to support a variety of policy tools (e.g. provincial
regulations, municipal by-laws)
o Are science and evidence based
o Are flexible and practical, but also provide for consistency in application
o Help define when excess soil is a “waste”, including following treatment at
a processing site

• Promote transparency of standards in order to gain public confidence

4.2 Actions to be Taken

The province proposes the following policy actions related to technical matters:

23
12. MOECC to develop approaches and standards for re-use of excess soil that
provide for environmental protection and sustainable re-use of excess soil

MOECC would work with stakeholders to develop approaches which could

consider the following:

• Protection of Sensitive Sites – There could be recognition that certain types

of areas have particular features, resources or sensitivities and should not be
areas where excess soil is deposited (e.g. natural areas such as wetlands)
unless for a specific beneficial reuse (e.g. restoration). Excess soil brought to
such sites could be required to meet certain stringent standards.

• Use of local background conditions – For some sites, the use of excess
soil that meets background levels may be preferred. We have also heard the
need to better enable use of local background conditions rather than current
provincial background levels (i.e. Table 1 in O. Reg. 153/04). Feasible
approaches to enable this could be considered.

• Use of generic risk based approaches – It is proposed that generic risk

based standards based on land use could be used for the deposit of excess
soil in some circumstances. This could allow for the reuse of marginally
impacted soils in specific circumstances, particularly in areas already
impacted and areas where future uses will be less sensitive.

• Specific risk based approaches – Risk-based standards could also be

developed in relation to specific uses or circumstances. It may also be
possible to incorporate predictable risk management measures into these
standards. Examples of these specific uses may include infrastructure
projects, sound and sight berms, flood control structures, certain former
aggregate sites undergoing rehabilitation, certain brownfields sites, or mines.
Specific circumstances with specific rules could also be considered, for
example specific rules associated with salt-impacted excess soil. Site specific
risk assessments and risk management approaches requiring technical
review and ongoing requirements or restrictions would generally be limited to
circumstances involving an appropriate site specific legal instrument, e.g.
where a record of site condition is required by regulations.

13. MOECC to develop clear guidance to inform requirements for testing of

excess soil.

MOECC would work with industry, consultants and experts to develop clear rules
and guidance for testing and sampling excess soils in a variety of circumstances
to inform regulatory requirements and guidance for by-laws and other policy.

24
 These requirements would be pragmatic and will consider the costs of testing
and risks to human and ecological health. They would be developed in close
collaboration with experts including the Qualified Persons who would be
expected to use them.

14. MOECC to develop guidance for

smaller, lower risk source or receiving
projects or sites

The province would work with industry to

develop protocols to support management of
materials from smaller projects which do not fall
within the categories of “riskier sites” or within
volume thresholds for larger sites (as described
in Action 1). This could include testing
protocols at source and/or receiving sites and
the development of an inspection protocol for
these sites.

5. PLANNING FOR RE-USE OPPORTUNITIES

5.1 Policy Needs

• Encourage municipalities to plan excess soil re-use opportunities when planning

for growth and intensification.
• Integrate identification of re-use opportunities into design and management of
large projects
• Facilitate identification of viable re-uses and management protocols.

5.2 Actions to be Taken

The province proposes the following policy actions related to planning for re-use:

15. MMAH with MOECC to identify opportunities to encourage municipalities to

develop soil re-use strategies as part of planning for growth and
development (e.g. official plans, master planning) through ongoing updates
to the provincial land use planning framework, including the coordinated
review of provincial plans.

Encourage municipalities to help ensure that future growth and planning includes
an assessment of excess soil that may be generated and considers opportunities
for re-use. This proposed direction could help inform future updates to official

25
 plans and ensure consideration is given to large scale developments which
require the management of excess soil, and also the location of future receiving
sites and temporary sites for excess soil.

16. MOECC to develop guidance for the consideration of excess soil in the
environmental assessment processes that govern large scale
infrastructure and other development projects.

MOECC would develop guidance to help ensure that proponents consider

excess soil management. This approach could help integrate excess soil
management planning into Environmental Assessments for large projects,
including consideration of opportunities for re-use within the project, re-use
locally, and for use of other local excess soils within a project.

Guidance would also be developed to help ensure proponents consider

integrating excess soil management as part of the overall project planning
process, as applicable.

17. Province to support pilot projects identifying opportunities and procedures

for excess soil re-use.

The province will continue to support pilot projects with partners to help promote
opportunities for excess soil re-use. These types of projects will also help to
identify areas for improvements in the proposed framework and inform proposed
future policy, guidance and regulatory development.

6. INTEGRATION AND IMPLEMENTATION

6.1 Policy Needs

• Integrate and align provincial legislation, regulations, guidelines, processes and

other policy related to excess soil to ensure consistency and alignment with new
framework. Including alignment related to:
o Environmental Protection Act
 Inert fill definition in Regulation 347 (General – Waste
Management)
 Ontario Regulation 153/04 (Records of Site Condition)
o Aggregate Resources Act
o Provincial plans
o Municipal tools (by-laws, policies)
o Environmental Assessment Act
• Draw upon the expertise outside of the Ministry to ensure effective and practical
policies

26
 • Education to facilitate alignment of policies and implementation

6.2 Actions to be Taken

The province proposes the following policy actions related to integration and
implementation:

18. MOECC to integrate and align various aspects of provincial policy.

The province will ensure that current legislation, regulations and policy are
aligned with new framework. This would include:

a. Amend the definition of inert fill in Regulation 347 (Waste) under the
Environmental Protection Act to clarify when excess soil is a waste; a new
approach could link to standards for re-use of excess soil.

b. Amend Ontario Regulation 153/04 (Records of Site Condition) under

Environmental Protection Act to clarify requirements and ensure alignment
both as a source site and receiving site (e.g. requirements for excess soil
brought to a site, record keeping of receiving sites used, roles of qualified
persons).

19. Province, including MOECC, MTO and MEDEI, to review and update
existing guidance for provincial projects (e.g. transportation and
infrastructure) to ensure alignment.

The province, including MOECC, MTO and MEDEI, would review existing
guidance, practices and rules for provincial infrastructure projects and
expenditures to align with new requirements and incorporate best practices for
the management of excess soil. Guidance would provide for greater consistency
in the management of excess soil with consideration for the goals and principles
laid out within this framework. This approach would respond to stakeholders who
have indicated that there are gaps in current tendering processes. This approach
could further be promoted to municipalities, in particular those who may have
large source sites for projects producing excess soil.

Procurement practices could be formalized through education and outreach

efforts with agencies responsible for large scale projects, but also by working to
ensure that standardized tendering requirements incorporate considerations for
sustainable management of excess soil.

20. MOECC to develop a stakeholder group (and potential sub-working groups)

to provide input on proposed policies, technical matters, guidance and
implementation, including coordination with external programs.

27
 MOECC would establish an Excess Soil Stakeholder and Engagement Group
to help validate approaches. This working group could consist of provincial
ministries, the development and construction industry, qualified persons,
municipal representatives, conservation authority representatives (both urban
and rural), community and environmental representatives, the aggregate
industry, the agricultural and rural community sectors, infrastructure, transit and
the waste sector, and others as appropriate. First Nation and Metis
representatives would also be included or otherwise engaged in policy
development.

This group would also support implementation, through relevant associations, to

help ensure education and outreach is undertaken.

This group could also provide a critical role in informing the development of
industry-led innovations including support for excess soil matching programs that
facilitate and encourage matching and better tracking of excess soil between
source sites and appropriate receiving sites.

The stakeholder group could further be supported by sub-working groups which

would focus more closely on specific policy products. These could include:

1. Technical sub-working group to provide input on technical matters,

including standards, sampling, tracking and record keeping. This group
could consist of experts in partner ministries, industry, qualified persons,
and scientists.

2. Municipal and Conservation Authority sub-working group to provide

input on receiving site guidance and other implementation matters.

These groups would include membership from other ministries, including the
Ministry of Municipal Affairs and Housing, Ministry of Transportation, Ministry of
Natural Resources and Forestry, and the Ministry of Agriculture, Food and Rural
Affairs, wherever appropriate.

21. Industry and MOECC will jointly investigate approaches to program

delivery, e.g. like the UK CL:AIRE model, that promote market-based
mechanisms to encourage the reuse of excess soil.

Industry and MOECC would work jointly, through the working group, to consider
program delivery approaches led by industry or through a non-government
organization or enterprise. This type of enterprise could raise awareness,
encourage reuse, and facilitate better matching and tracking (e.g. through a
registration system) of excess soil between source sites and
appropriate receiving sites. This approach could help identify innovative and
practical solutions for planning, management and re-use of excess soil.

28
 6.0 PRIORITIES AND TIMELINE

The actions outlined in the proposed framework will be prioritized based on feedback
heard through consultation. The Ministry would work with its partner ministries, industry
and qualified persons to follow through on a number of actions over the next year and
into the future, including the following potential actions which are either already
underway or would be initiated in the near future:

Currently Short-term Longer-

PROPOSED ACTION
Underway (2016) term
1. MOECC to work with partner ministries to develop a new regulation
under the EPA requiring larger and/or riskier source sites to develop X
and implement excess soil management plans certified by a Qualified
Person and made available to MOECC and local authorities.
2. MMAH and MOECC, could require proof of an Excess Soil Management X
Plan for issuance of certain building permits.
3. MMAH and MOECC, to promote linking requirements for excess soil X
management to applicable Planning Act approvals through guidance
4. MOECC to work with Qualified Persons on excess soil management X
guidance.
5. MOECC to clarify when waste approvals apply to excess soil processing X
sites and prescribe requirements for temporary storage sites.
6. MMAH with MOECC to consider approaches that would encourage
municipalities to identify appropriate areas (e.g. industrial) for excess
X
soil storage and processing to encourage local re-use, to be achieved
through ongoing updates to the provincial land use planning framework,
including the coordinated review of provincial plans.
7. MMAH and MNRF to consider amendments to legislation to remove
X
restrictions on site alteration by-laws in conservation authority regulated
areas.
8. MMAH and MOECC to develop educational materials respecting
X
receiving sites, including larger (commercial) sites, to inform
municipalities in the development or updating of by-laws.
9. MMAH and MNRF to explore, with partners, legislative and non-
X
legislative ways to improve compliance and enforcement with Municipal
Act and Conservation Authorities Act requirements.
10. MNRF to consider requiring record keeping for fill being brought to
X
licensed and permitted aggregate sites, through the current review of
the Aggregate Resources Act
11. OMAFRA and MOECC, to develop best-practice guidance for farmers to X
limit impacts of the importation of soil onto farmland.
12. MOECC to develop approaches and standards for re-use of excess soil
X X
that provide for environmental protection and sustainable re-use of
excess soil.
13. MOECC to develop clear guidance to inform requirements on testing of X
excess soil.
14. MOECC to develop guidance for smaller, lower risk source or receiving X
projects or sites.

29
 Currently Short-term Longer-
PROPOSED ACTION
Underway (2016) term
15. MMAH with MOECC to identify opportunities to encourage
municipalities to develop soil re-use strategies as part of planning for
X
growth and development (e.g. official plans, master planning) through
ongoing updates to the provincial land use planning framework,
including the coordinated review of provincial plans.
16. MOECC to develop guidance for the consideration of excess soil in the
X
environmental assessment processes that govern large infrastructure
and other development projects.
17. Province to support pilot projects identifying opportunities and X
procedures for excess soil re-use
18. MOECC to integrate and align various aspects of provincial policy X
including Regulation 347 (Waste) and O. Reg. 153/04.
19. Province, including MOECC, MTO and MEDEI, to review and update
X
existing guidance for provincial projects (e.g. transportation and
infrastructure) to ensure alignment.
20. MOECC to develop a stakeholder group (and potential sub-working
groups) to provide input on proposed policies, technical matters, X
guidance and implementation, including coordination with external
programs.
21. Industry and MOECC will jointly investigate approaches to program
X
delivery, e.g. like the UK CL:AIRE model, that promote market-based
mechanisms to encourage the reuse of excess soil.

30
7.0 QUESTIONS FOR CONSIDERATION

The Ministry would like your opinion and comments on this framework, including the
following key questions:

1. Does the proposed policy framework include adequate policy tools and actions to
improve the management of excess soil in Ontario? If not, what additional tools
or actions would you suggest?

2. Are you aware of examples of existing best practices from other jurisdictions that
may be helpful to Ontario that you would like to share?

3. Which proposed actions do you see as a priority?

4. What role do you see for you or your organization in implementing the proposed
framework?

5. What role do you see for industry or non-governmental organizations in

supporting delivery of excess soil programs for soil matching, tracking, and
promoting innovation, etc.?

6. How can the province best continue to engage you or your organization and the
public as it moves forward?

7. Do you have any other comments or feedback?

31
8.0 APPENDICES

8.1 EXISTING POLICY

While several pieces of legislation and regulations apply to specific aspects of excess
soil management, the majority of excess soil moved in Ontario is, for the most part, not
directly regulated by MOECC. Ontario’s January 2014 Best Management Practices for
excess soil though provides guidance on excess soil management, including at the site
where it is excavated, during its transportation and at the receiving site.

Different levels of government and various agencies regulate certain aspects of excess
soil movement, particularly the province, municipalities and conservation authorities.
The table below outlines specific legislation, regulation, policy and other instruments
and their roles in the management of excess soil.

Environmental Protection Act (EPA) “Adverse Effect” and Ontario Water Resources Act

Broad provisions prohibiting discharges that cause or may cause adverse effect, and providing authority for the
Ministry to issue orders requiring measures to prevent, stop or remediate adverse effects

Provides authority to address impairment of waters, and measures to prevent impairment of waters.

Weblinks for more information:

• http://www.ontario.ca/laws/statute/90e19
• http://www.ontario.ca/laws/statute/90o40

Records of Site Condition (RSC) – EPA and O. Reg. 153/04

A Record of Site Condition (RSC) is required before certain changes in property use take place, where the property
use goes from a less sensitive to more sensitive use (e.g. from industrial to residential).

The regulation ensures the quality of soil brought to an RSC property meets certain standards, depending on a
number of factors including historical uses, as well as environmental site assessment requirements.

Weblink for more information:

• http://www.ontario.ca/laws/regulation/040153

Management of Excess soil – A Guide for Best Management Practices

• A best practices document that provides guidance on how to handle excess soil generated from large-
scale projects. It provides guidance for: soil source sites; soil receiving sites; temporary soil storage sites;
traffic and transportation management; and procurement practices for projects that include soil
management. It also provides guidance that could be used to inform municipal by-laws.

32
Weblink for more information:
• http://www.ontario.ca/document/management-excess-soil-guide-best-management-practices

Reg. 347 General-Waste Management under the EPA

Transportation, storage, deposit and disposal of soil that is waste must be authorized by an Environmental
Compliance Approval (ECA), except where the waste soil is “inert fill” as defined in Reg. 347.

Inert fill is designated as waste, but exempted from the need for an ECA. Inert fill may or may not be soil.

Weblink for more information:

• http://www.ontario.ca/laws/regulation/900347

Municipal Act, 2001 - By-laws

S. 142 provides authority for municipalities to establish by-laws to prohibit or regulate the placing or dumping of
fill, removal of topsoil, or alteration of the grade of land, and establish a requirement for permits for these
activities. Municipalities may also enact bylaws to manage other aspects of site alteration and filling (e.g. noise
and dust control). Municipal site alteration bylaws are of no effect in certain Conservation Authority regulated
areas.

Weblink for more information:

• http://www.ontario.ca/laws/statute/01m25

Conservation Authorities Act - Regulations

Enables municipalities to establish conservation authorities and defines regulation-making authority for purposes
of public safety and natural hazard management. The placement of any material in areas affected by the
regulations made under the Conservation Authorities Act requires a conservation authority permit. All
conservation authorities have programs in flood and erosion control within their jurisdictions.

Weblink for more information:

• http://www.ontario.ca/laws/statute/90c27

Provincial Policy Statement and Provincial Plans

Include a range of policies affecting development and site alteration. Policies do not generally apply to excess soil,
as commercial filling is not considered a land use.

Weblinks for more information:

• http://www.mah.gov.on.ca/Page215.aspx
• http://www.mah.gov.on.ca/Page186.aspx

Aggregate Resources Act

Supplementary guidance to the legislation provides conditions for placing of fill on aggregate sites (e.g. for
rehabilitation purposes).

Weblink for more information:

• http://www.ontario.ca/laws/statute/90a08

33
Farming and Food Production Protection Act

The Act continues the Normal Farm Practices Protection Board and provides a procedure to apply to the Board to
determine what constitutes a “normal farm practice” in a particular case. The Act protects farmers from liability in
nuisance resulting from a normal farm practice. It further provides that certain municipal by-laws may not restrict
a normal farm practice that is carried on as part of an agricultural operation. The Act provides the Minister with
authority to issue directives, guidelines or policy statements and Board decisions are required to be consistent
with those documents.

Weblink for more information:

• http://www.ontario.ca/laws/statute/98f01

Environmental Assessment Act

Sets framework for individual environmental assessments (EAs), Class EAs, and streamlined EAs under regulation.

Weblink for more information:

• http://www.ontario.ca/laws/statute/90e18

OPSS (180 and 1010)

Provides guidance for management of excess earth, aggregate, rock, and various other materials for consideration
in provincial transportation and infrastructure contracts.

Weblinks for more information:

• OPSS180
• OPSS1010

8.2 SUMMARY OF SELECT OTHER JURISDICTIONS

Below is a summary of findings from key jurisdictions.

UNITED KINGDOM

Implementation Approach:
• Voluntary best practices approach, when following code of practice provides exemption from
government approvals
• Contaminated Land: Applications in Real Environments (CL:AIRE) is an independent not-for-profit
organization in the UK which encourages the regeneration of contaminated land
• Primarily industry-led

Key Elements:
• CL:AIRE developed a Code of Practice (COP) which allows users to determine if excavated
materials are a waste or not.
• If deemed not to be a waste the material can be used without an Environmental Permit or Waste
Exemption from the UK Department of the Environment, and requires some self-regulation.
• The COP is applicable to those who commission earthworks and a range of other parties. It is
also of interest to land owners and developers.
• The three basic steps of the process are
1. Ensuring that a Materials Management Plan (MMP) is in place for the use of materials on a
specific site.

34
 2. Ensuring that the MMP is based on risk assessment, that underpins the Remediation
Strategy (for contaminated sites) or Design Statement (for uncontaminated sites);
3. Auditing the process in a Verification Plan.
• Standards and exceedances for re-use based on direction for UK Environment Agency; CoP has
additional technical direction, e.g. testing strategies.
• A Qualified Person must review evidence related to a proposed used of materials and if it is
acceptable sign a Declaration. This is submitted to the UK Environment Agency.
• CL:AIRE has also developed a Register of Materials website, that helps link source sites (donor
sites) with receiver sites.

QUEBEC

Implementation Approach:
• Over-arching soil management policy supported by regulations and incentives
• Primarily led by province
• Also has guidance for sampling

Key Elements:
• Approach strongly based on reuse; Quebec has a variety of regulations affecting the landfilling of
soil
• Quebec has developed a Soil Management Grid, which provides management options for
excavated soils depending on their level of contamination
• Province provides grants to foster contaminated sites clean up and revitalisation.
• Regulation Respecting Contaminated Soil Storage and Contaminated Soil Transfer Stations
determines the conditions for the operation of transfer stations and temporary storage sites for
contaminated soils

BRITISH COLUMBIA

Implementation Approach:
• Primarily led by ministry and industry
• Uses Environmental Protection Act, Contaminated Sites regulation, and a range of guidance

Key Elements:
• Uses Contaminated Soil Relocation Agreements (CSRAs) for applicable soil movements
based on size and quality standards; the focus is on contaminated soil and the size threshold is
small (5 cubic metres)
• A CSRA is an agreement between the owner of a source site, the receiving site, and the Director
of Waste Management, authorizing the relocation of soils from a contaminated site to a suitable
deposit site.
• Soils to be relocated need to be adequately characterized to determine re-use options and if the
soils will meet the numerical or risk-based environmental quality standards for the receiving site

NETHERLANDS

Implementation Approach:
• Strong government oversight, with high level of government investment.
• Implemented through federal government, as well as municipal partners

Key Elements:
• Has a detailed range of Acts, regulations and protocols to address soil
• Various protocols outline sampling requirements and strategies.
• Soil is an especially valuable resource; legislation and policies are tied to ensuring the
sustainable use of soils at all levels of government.

35
 • Has national and private registries for soil matching with substantial government investment in a
soil banking system
• To enable reuse, adopts principles such as the “standstill principle”, which requires that the
excess soil to be placed at then receiving site should be of equal or better quality than the soil
that is present at the receiving site, and soil quality maps of zones with varying sampling and
reuse requirements

MASSACHUSETTS

Implementation Approach:
• Requirements largely self-regulated by Licensed Site Professionals (LSPs).

Key Elements:
• Regulatory approach for sites falling under the Massachusetts Oil and Hazardous Material
Release Prevention Act (Chapter 21E sites)
• Has a Similar Soils Provision outlined in a guidance document which intended to prevent the
degradation of sites by ensuring that the relocated soil does not increase the risk at the receiving
site, since it will be similar to what is already there.
• In May 2015, The Massachusetts Department of Environmental Protection (DEP) released a new
Draft Interim Policy on the Re-Use of Soil for Large Reclamation Projects, describing an
approach for obtaining site-specific approval from the DEP for the reclamation of quarries, sand
pits and gravel pits using more than a threshold amount. The policy states the type of information
to be submitted to support the issuance of an approval for such projects (e.g. soil management
plan.

8.3 SUMMARY OF KEY ISSUES HEARD

Below is a list of some of the broader key issues heard through engagement on the
EBR review related to excess soil management policy. This list is not a reflection of
provincial opinion, but rather a listing of some of the broader themes heard through
engagement sessions with various stakeholders.

1. Improved oversight – issues raised related to general perception that current

system is fragmented and requires stronger provincial direction

2. Standards and direction – issues raised related to need for clear standards to
provide direction on where excess soil can be re-used and where it may be a
“waste”

3. Testing - issues raised related to scope of testing needed, costs and timing

4. Source site responsibility – issues raised related to need for generator of

excess soil (source sites) to be more responsible for its end use

5. By-laws – issues raised related to difference in approaches being taken in by-

laws and need for guidance

36
6. Education and outreach - issues raised related to need for additional technical
guidance and education for others (e.g. farmers, public)

7. Traceability and tracking – issues raised related to need for mechanisms to

ensure excess soil is better tracked

8. Municipal by-laws in conservation authority regulated areas – issues raised

related to the need to remove restriction on by-laws in conservation authority
regulated areas

9. Protecting agriculture – issues raised related to need to protect agricultural

land from potential contamination so as to limit potential impacts on crops and/or
livestock

10. Need to protect sensitive areas and limit environmental impacts – issues
raised related to the need to protect sensitive areas (e.g. Greenbelt, Oak Ridges
Moraine, groundwater, source protection, soil erosion and climate change)

11. Temporary storage – issues raised related to need for clearer direction on
temporary storage of excess soil

12. Planning process – issues raised related to perception that excess soil should
be managed early on in the development and planning process

13. Identification of appropriate receiving sites – issues raised related to need to

identify appropriate sites which could be appropriate for excess soil re-use

14. Enforcement – issues related to the perception that there is a lack of ability to
enforce current requirements due to limited capacity and scope of powers

15. Pilots – support for pilot projects to incent change and garner buy-in

16. Information gaps – issues raised related to the lack of information with respect
to the movement of excess soil (e.g. quantity, quality, impacts)

17. Traffic, air, dust, noise, and other social impacts – issues raised related to
the need to minimize impacts like traffic, noise, air, dust, etc.

18. Liability – issues raised related to the need to consider financial insurance,
security, and monetary penalties

19. Restrictions on aggregate licenses – issues raised related to perception that

requirement for rehabilitation of aggregate sites are too restrictive

37
20. Aerodromes - issues raised related to whether excess soil is being
inappropriately brought on to properties who are operating as an aerodrome
under federal jurisdiction and as a result are avoiding municipal permits

21. Normal farm practices - issues raised about whether some farmers may not be
following certain municipal by-laws because they are under the misconception
that the by-law does not apply to them

22. Soil remediation – support for the need to promote remediation

23. Flexibility and costs – support for the need for flexibility in approaches and
need to consider costs of excess soil management in any future approaches

24. Smaller projects - need to recognize that smaller sites have a cumulative
impact, but need to be handled differently from larger sites

25. Municipal capacity – issues raised related to lack of capacity amongst some
municipalities to deal with issues, both technically and financially

26. Cultural heritage resources – issues raised related to need to assess impacts
to and protect sites of cultural heritage value or interest (e.g. significant built
heritage resources, cultural heritage landscapes, or archaeological resources)

27. Need to better consider excess soil management in government projects –

issues related to the need to better consider excess soil management in
government-funded projects

28. Need to align provincial policy – issue related to the need to better align on
excess soil related management across ministries

29. Protection of rural areas and rural lens – issues raised related to the
perception that there are policies allowing for the contamination of rural areas at
the expense of development and intensification in urban centres.

30. Qualified persons - issues raised related to skills, credibility, consistency in

opinion, conflict of interest and public confidence.

38
 8.4 GLOSSARY OF FREQUENTLY USED TERMS

Below are general definitions for terms used more frequently throughout this document.
For the purposes of any future policy or regulation, the province would develop and
consult on appropriate definitions for these terms.

Beneficial re-use: The placement of excess soil at a site that is not a waste disposal
site, in a manner that complies with applicable legislation and is environmentally
responsible.

Excess soil: Soil that has been excavated, typically as a result of construction activities
that cannot or will not be reused at the site where the soil was excavated and must be
moved off site. In some cases, excess soil may be temporarily stored at another
location before the excess soil is brought back to be used for a beneficial reuse at the
site where the soil was originally excavated. Excess soil does not refer to such
materials as compost, engineered fill products, asphalt, concrete, re-used or recycled
aggregate product and/or mine tailings, other products, including soil mixed with debris
such as garbage, shingles, painted wood, ashes, or other refuse. It could include
naturally occurring materials commonly known as earth, topsoil, loam, subsoil, clay,
sand or gravel, or any combination thereof.

Excess soil management: The management of excess soil, including its excavation,
placement, hauling, tracking, characterization, and disposal.

Fill: Any type of material deposited or placed on land

Interim site: Sites owned or controlled by the owner/operator of a Source site or

Receiving site, at which excess soil is temporarily stored. The term can also refer to
sites that treat, remediate and transfer excess soil to other sites for final placement or
disposal (defined below as “soil processing sites”).

Receiving site: Sites that accept and receive excess soil and constitute the excess
soil’s final resting place. The term also includes larger commercial fill operations as well
as other sites like agricultural operations or aggregate operations.

Soil processing site: Are subsets of interim sites, such as a waste disposal site that
processes poorer-quality soil to remove or reduce the concentrations of contaminants,
such that the soil can be re-used. These sites are subject to approval requirements
under Part V of the Environmental Protection Act and are subject to inspections by the
Ministry of the Environment and Climate Change.

Source site: Sites that generate excess soil. They are often construction or
development sites or projects where excess soil is excavated and must be managed.

39