January 2020
New Regulations on Excess Soils Finalized

2020-01-14 9:52:46 AM

The Ontario government has finalized new regulations on excess soils under the Environmental Protection Act. The government says these changes, which will be phased in, will reduce soil management costs and promote brownfields redevelopment while also protecting “human health and the environment”.

The changes are as follows:

  • Reuse of soil: The new On-Site and Excess Soil Management Regulation will clarify requirements for the reuse and management of excess soil, including risk-based standards for safe reuse. The regulation also clarifies when the waste designation applies to the movement and disposal of excess soil and replaces or simplifies waste-related approvals with regulatory rule for low soil management activities. This will come into effect on July 1, 2020.

  • Excess Soil Planning Actions: Project leaders of some projects generating or receiving excess soil will be required to conduct excess soil management actions before any excess soil leaves the project area, including in cases characterizing the soil to determine soil contaminants. It would also include identifying appropriate reuse sites and tracking excess soil movements. Key information will be required to be registered on a public registry. This will come into effect on January 1, 2022 and is subject to exceptions.

  • Landfilling of excess soil: The On-site and Excess Soil Management Regulation will restrict the deposit of clean soil at landfill sites, unless the soil is needed for cover or functions that benefit the functioning of the landfill. This will come into effect on January 1, 2025.

  • Brownfields redevelopment: There are reduced requirements to file a Record of Site Condition under Regulation 153/04: Records of Site Condition. This includes a reduced need to fully delineate contaminants for properties going through the Risk Assessment process, flexibility on meeting standards in specific circumstances, and removing the requirements for a Record of Site Condition for specific low risk development situations. This change comes into effect immediately.

For more information, please see below:

Environmental Registry of Ontario: Excess Soil Regulatory Proposal and Amendments to Record of Site Condition (Brownfields) Regulation

Regulation 406/19: On-site and Excess Soil Mangement 

Ontario Newsroom: Ontario Making it Easier and Safer to Reuse Local Excess Soil

AMCTO: Ontario Proposing Changes on Excess Soil


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