EJQ6 - Fall 2025 - Journal - Page 41
Fortunately, some municipalities are pushing back. The City of
Guelph, for example, recently requisitioned a zinc background study
to support more appropriate reuse decisions. Other regions are exploring regional datasets and excess soil bylaws tailored to naturally
occurring conditions.
This regulatory in昀氀exibility is not just frustrating—it’s counterproductive. It
undermines con昀椀dence in the system, slows redevelopment, and needlessly
sends reusable soil to land昀椀ll.
Still, questions remain: Who will fund these background studies—
the federal government, municipalities, or industry coalitions? And
is there a collaborative way to leverage our existing analytical data,
possibly across consulting 昀椀rms, to build shared background databases more e昀케ciently?
O. Reg. 406/19 brought much-needed structure to Ontario’s excess soil management. But its rigidity is now stalling the very projects it was designed to support. The solution is not to dismantle the regulation—but to modernize its implementation.
Risk Tools: Available but underutilized
Ontario’s risk assessment framework, long accepted under O. Reg.
153/04, remains a scienti昀椀cally sound option. In theory, a Tier 3 Risk
Assessment can proactively model large volumes of imported soil
with concentrations aligned to Property Speci昀椀c Standards (PSS). But
in practice, even these e昀昀orts are often met with resistance. Some
MECP District Engineers remain hesitant to support soil importation
when parameters marginally exceed generic excess soil standards,
despite robust modeling and mitigation plans.
The path forward
Ontario must embrace risk-based 昀氀exibility, align District Engineers regarding
soil importation, support regional standards through research and bylaws, and
enable data-sharing across the industry.
With the right tools and a more practical approach, we can keep clean soil out of
land昀椀lls—and put it to work building a more sustainable Ontario.
Freesia Waxman, M.A.Sc., P.Eng., QPESA
is a Senior Environmental Engineer at
Grounded Engineering.
E N V I RON M E N T J OURN A L QUA RT E RLY RE PORT • FA L L 2 02 5 • P AGE 4 1
