EJQ2 - Fall 2024 - Journal - Page 23
Illegal dump site
A rural property owner was interested in leveling out a portion of his property and was accepting loads of soil from development sites, infrastructure
projects as well loads of hydro-vac slurry. These activities were completed
over a 12-year period and pre-dated the Excess Soil Regulation. The reuse
site was operated without the knowledge or approval of the local Township
under a site alteration plan. The local Ministry of the Environment, Conservation and Parks (MECP) O昀케cer responded to complaints and in 2021 issued
an order to assess and mitigate the illegal dump site. Through legal counsel,
a QP was engaged to assist in complying with the order.
To further complicate the 昀椀ll placement issue, a signi昀椀cant portion of the
昀椀ll was placed within a 30-metre bu昀昀er zone of the adjacent natural watercourse and wetland that transects the owner’s property. Not only does
placement of 昀椀ll change natural surface water patterns and potentially creates 昀氀ood issues, but any 昀椀ll placed in these areas must meet Table 1 ESQS
to remain; however, it was agreed that the 昀椀ll would be removed from the
30-metre bu昀昀er zone.
The 昀椀rst step was to develop a workplan outlining the phased approach to address characterizing the soil materials, remove any debris and construction/
demolition materials, and excavate and relocate soil with chemical quality that
did not meet the agricultural property standards applicable to that property.
A large test-pitting program was employed to visually observe the materials and collect representative samples to characterize the soil. Samples
were submitted for analyses of metals and inorganics, typical hydrocarbon parameters (including benzene, toluene, ethylbenzene and xylenes,
and petroleum hydrocarbon) as well as polycyclic aromatic hydrocarbons
(PAHs). Soil was screened for visual and olfactory evidence of possible contaminants, as well as screening for vapours.
In this case, the detailed workplan provided the MECP with the assurance
that the illegal dump would be su昀케ciently characterized and mitigated.
With this in mind, the MECP agreed to permit any soils that meet the applicable excess soil quality standards (ESQS) for the property to remain on the
property, provided all non-soil debris and construction wastes that could be
recovered be sent for appropriate disposal or recycling.
From the analytical results, four distinct areas of 昀椀ll were identi昀椀ed that
did not meet the applicable standards and required further investigation
and excavation. Contaminants identi昀椀ed included metals, PHCs and PAHs
and salt-related compounds. Further, pockets of construction debris comprised of concrete, asphalt, wood, and plastic, styrofoam and metal were
also identi昀椀ed and segregated for appropriate recycling or disposal.
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 2 3
