Ontario's On-Site and Excess Soil Management Regulation - Registration, Documentation, and Tracking

The next stage of Ontario’s On-Site and Excess Soil Management Regulation has begun. Coming into effect on January 1, 2023, the latest stage is the biggest section of the Regulation and covers a lot of information. This section of the regulation has four parts the registration, documentation and tracking, hauling records, and operation of reuse site. To save you time we have broken it down into the need-to-know information.

Registration

Project leaders are required to file a notice with the Registry prior to removing soil that will become excess soil from the project area. The information required in the notice can be found under Schedule 1 in Regulation 406/19.

Registration Updates (Project leader)

Ensure that the information in the notice is filed for the applicable location before depositing at a Class 1 or Class 2 soil management site, reuse site, local waste transfer facility, landfilling site or dump.
Must update the registry within 30 days of when excess soil is removed from the project area or class 2 soil management site.
Must include how much soil was deposited at each site and the date that the last of the excess soil was removed.
Must update within 30 days if they become aware that the information that is filed with the registry is no longer accurate or complete.

Documentation & Tracking

Regulation 406/19 requires several different documents to be filed before, during, and after the movement of soil. Project leaders must ensure that all documentation and tracking is prepared in accordance with Soil Rules and prepared or supervised by a qualified person.

Documentation

Assessment of Past Uses

An assessment of past uses is always required unless either of the following circumstances applies.
- The project relates to the excavation of soil at a stormwater management pond.
- A phase one environmental site assessment within the meaning of Ontario Regulation 153/04 has been prepared in respect of the project.
Sampling and Analysis Plan is required if the following occurs.
- The assessment of past uses identifies a potential contaminating activity within the meaning of Ontario Regulation 153/04.
- Any part of the project area is or has been an enhanced investigation project area.
- The project involves excavation and removal of excess soil from a storm water management pond.
- Responsibilities of project leader
  - Develop and apply procedures that ensure soil is segregated and stockpiled. Any soil that is sampled and analyzed must be kept separate from other soil.
  - Prior to filing a notice, project leaders must ensure that a qualified person prepares or supervises the preparation of a soil characterization report.
Soil Characterization Report must include the following
- The results and assessment of sampling and analysis and a description of the project area that was sampled.
- A description of what soil can be reused with or without processing, and which can be deposited to class 1 soil management site, landfilling site or dump.
- Identification of type of reuse site that excess soil from the project area can potentially go to.
Excess Soil Destination Assessment Report

Excess Soil Destination Assessment Report is based on results of assessment of past uses, soil characterization report, and information gathered of the potential sites where the excess soil may be deposited, as well as the following.
- The identification and location of each Class 1 soil management site, reuse site, local waste transfer facility, landfilling site or dump that the excess soil will be deposited at.
- A contingency plan with an alternate location if the excess soil cannot be deposited at the designated site.
- An estimate of the quality and quantity of excess soil that will be deposited at each site.

Documentation Updates (Project leaders)

Project leaders or the operator of the project are required to have a qualified person update and review documents with a written record including date of when the circumstance became known, within 30 days if the following occurs.

Additional testing reveals that the soil characterization form is not accurate to the quality of the excess soil that is being transported to its final reuse site.
Potential environmental concern in the project area that was not previously identified in the assessment of past uses. Environmental concerns are based on Ontario Regulation 153/04.
Excess soil is going to be transported to the final reuse site and the site is not identified in the excess soil destination assessment report.

Tracking

Before removing soil that will become excess soil the project leader will develop and apply a tracking system to track each load of excess soil. It must be tracked during both transport and deposit at a reuse site, Class 1 soil management site, local waste transfer facility, landfilling site or dump, and any transportation to and from a Class 2 soil management site.

Hauling Records

Upon arriving at a Class 1 soil management site, Class 2 soil management site, reuse site, local waste transfer facility, landfilling site or dump, the person transporting excess soil must update the record with the following.

The date and time the load of excess soil is deposited.
The name and phone number of the individual at the Class 1 soil management site, Class 2 soil management site, local waste transfer facility, reuse site, landfilling site or dump who acknowledges that the excess soil has been deposited.
A declaration by the individual who received the deposit of excess soil, stating that the individual acknowledges the deposit of the excess soil.
The person transporting the excess soil must ensure that the individual who acknowledged the deposit of excess soil has a copy of the record containing the above information.

Deposit of Excess Soil – Operation of reuse site

Owner or operator of a reuse site where at least 10,000m3 of excess soil is going to be deposited for final placement. Before excess soil is deposited at a reuse site the owner or operator of the reuse site must ensure that the following steps were taken.

A notice is filed in the Registry.
Procedures are developed and applied to account for each load of excess soil deposited at the reuse site for final placement.
Procedures are developed and applied to ensure that excess soil placed at the reuse site for final placement does not cause adverse effect.

The notice to the Registry must include information on the reuse site, to learn what has to be included check out Regulation 406/19. For the purpose of paragraph 2 of subsection 3

Procedures developed and applied to account for each load of excess soil deposited (as mentioned above) must include the following.

For each load deposited, identification of each project area, Class 1 soil management site or class 2 soil management site from which excess soil was transported.
Before excess soil is deposited at the reuse site the owner or operator of the reuse site must ensure that they have obtained all the required reports and information for the excess soil.
Before excess soil is deposited at a reuse site the owner or operator or a person acting on behalf of the owner or operator has inspected the load to ensure it is appropriate and consistent with the reports/ information.

The owner or operator must ensure that within 30 days after the final load of excess soil is deposited the notice is filed with the Registry includes the following information.

Confirmation that the excess soil for final placement has been deposited at the reuse site.
The total amount of final placement excess soil that was deposited at the reuse site.
The date that the final load of final placement excess soil was deposited at the reuse site.

For the complete regulation, all amendments and exceptions see Regulation 406/19 On-site and Excess Soil Management. Stay up to date with industry updates and new product drops when you subscribe to our monthly newsletter!

Key Terms

Excess soil – Soil or soil mixed with rock, that has been excavated as part of a project and removed from the project area for the project.

Project leader – In respect of a project, the person or persons who are ultimately responsible for making decisions relating to the planning and implementation of the project.

Reuse site – A site at which excess soil is used for a beneficial purpose and does not include a waste disposal site.

Soil processing site - a waste disposal site at which excess soil is managed on a temporary basis, that is operated for the primary purpose of processing excess soil to reduce contaminants in the excess soil and at which a processing method other than a method mentioned in either subsection 6 (3) or paragraph 8 of subsection 21 (1) is used.

Class 1 soil management site - a soil bank storage site or a soil processing site.
Class 2 soil management site - a waste disposal site, other than a Class 1 soil management site, at which excess soil is managed on a temporary basis.

Project area - in respect of a project, a single property or adjoining properties on which the project is carried out.