EJQ2 - Fall 2024 - Journal - Page 14
昀椀nal placement of the excess soil at the reuse site (for salt-impacted
soils, the written consent must expressly acknowledge the acceptance of
salt-impacted soil);
the excess soil must be dry soil or processed dry soil before being placed
at the reuse site, unless the reuse site has a site-speci昀椀c instrument permitting it to accept liquid soil; and,
the excess soil can only be deposited and used at the reuse site for a
bene昀椀cial reuse purpose, such as grading, back昀椀lling, or site rehabilitation
(or as permitted by a site-speci昀椀c instrument).
Since January 1, 2023, the Excess Soil Regulation has required a “project
leader” to ensure that a notice is 昀椀led on the Excess Soil Registry before
removing excess soil from a project area. There are some exceptions,
including:
low-risk projects involving smaller volumes of soil from low-risk project
areas as set out in Schedule 2 of O. Reg. 406/19; and,
if the project does not fall under section 8(1.1) of O. Reg. 406/19, including, for example, because the project area is used for a residential, institutional, parkland or agricultural use, or is located in a rural area.
Ontario’s Resource Productivity and Recovery Authority regulates fees
related to the use of the Excess Soil Registry. Fees apply to proponents of
projects that generate excess soil that needs to be moved o昀昀-site, owners
of excess soil reuse sites, and owners of residential development soil
depots. Fees are calculated according to the volume of excess soil moved
or received.
Excess soil can be deposited at interim sites, reuse sites, or land昀椀lls. However, as of January 1, 2025, land昀椀lling excess soil will be prohibited unless
the following prescribed circumstances apply:
the excess soil will be used for a bene昀椀cial purpose at a land昀椀ll;
a quali昀椀ed person completes a declaration that it would be “unsafe” to
昀椀nally place the excess soil at a reuse site; or,
the excess soil does not meet Table 2.1 of the
generic Excess Soil Quality Standards for residential, parkland or institutional uses.
Word to the wise on
doing your due diligence
British Columbia, Quebec, and Ontario are
strengthening their respective laws to improve
sustainable practices for excess soil and promote
LEARN MORE ABOUT THE
WATERFRONT REMEDIATION AND
REDEVELOPMENT PROJECT
E N V I RON M E N T J OURN A L QUA RT E RLY RE PORT • FA L L 2 02 4 • P AGE 1 4
