On April 24, 2017, the Ministry of the Environment and Climate Change (MOECC) released, “Excess Soil Management Regulatory Proposal” – a regulation proposal notice for a new regulation and key complementary regulatory amendments related to the management of excess soil.
According to the MOECC, the proposed Excess Soil Reuse Regulation would define “excess soil” as excavated soil that leaves a project area (a construction or development site). Excess soil would be designated as waste from the time it leaves a project area, and would remain a waste until:
It is deposited at a final receiving site that is not a waste disposal site and that is governed by a site specific instrument or by-law;
It is deposited at an infrastructure project, if it originates from an infrastructure project belonging to the same proponent; or
It is deposited at a receiving site that is not a waste disposal site and that is not governed by a site specific instrument or by-law, so long as:
The excess soil is appropriate based on MOECC’s excess soil reuse standards;
The excess soil has been used for one of the specified uses, subject to certain restrictions; and
The receiving site is not being used primarily for the purpose of depositing excess soil.
It is proposed that the proponent of a project ensure that an excess soil management plan (ESMP) is prepared in two general circumstances:
- Ff more than 1000m3 (about 100 truckloads) of excess soil is being removed from a project area, or
- If any part of the project area has or had a potentially contaminated activity that may have affected a planned area of excavation.
The proposal notice also includes a summary of proposals associated with excess soils including:
- Reuse of excess soil at receiving sites;
- Sampling direction;
- Record of site condition regulation amendments;
- Construction restriction and building code applicable law.
The proposal notice will be posted for a 60 day public review and comment period, beginning on April 24, 2017. The MOECC said it anticipates that this regulatory proposal will be finalized before the end of 2017.
Click here to view the proposal notice.
Related: Exclusive CANECT Brownfields Workshop
Hear about this issue firsthand from senior managers at the MOECC by attending the Brownfields: Practical guidelines for remediation and compliance course on May 1, 2017, at the Canadian Environmental Conference & Tradeshow. Learn how these important new developments will impact QEPs, engineers, consultants, owners, developers and environmental lawyers. Visit www.canect.net for more information.