Summary of Issue

Things to Consider

This tab specifically focusses on Class 2 soil management sites as defined in the Excess Soil Regulation.

Through stakeholder consultation conducted by the Canadian Urban Institute, it was generally agreed by those involved in source site/project area operations that allowing excess soil to temporarily be stored at sites without excessive approval requirements will likely reduce the amount of potentially reusable excess soil currently going to landfills and could reduce the amount of truck traffic related to soil hauling. Due to the sometimes lengthy process of determining a permanent reuse site and/or remediation requirements, source site owners/operators could use Class 2 soil management sites for temporary storage of dry excess soil.    

However, some municipalities are concerned with the potential consequences of soil being left on a temporary soil storage site past the intended time. They also expressed the need to ensure that soil placed on temporary sites does not have an adverse effect on the environment, community or cultural heritage areas.

The majority of municipal by-laws reviewed currently do not differentiate between receiving/reuse sites and temporary soil storage sites; any site where excess soil is placed is typically treated as a receiving/reuse site and any site where soil is removed is typically treated as a source site/project area. However, there is potential for temporary sites to be used to temporarily store dry soil. The Township of King does differentiate temporary storage sites in its proposed updated Site Alteration and Fill By-law (under review as of 2021). See King Township Reference below.

The Ontario Environment Industry Association (ONEIA) has published “Best Practices for Temporary Soil Storage Sites for Consideration with O. Reg. 406/19: On-site and Excess Soil Management in Ontario” which provides guidance for siting, monitoring and regulating temporary soil storage sites.  See ONEIA’s website for more information:  Ontario Environment Industry Association - Excess Soils Best Practices (oneia.ca)

Meeting regulatory requirements and/or best management practices related to Class 2 soil management sites is typically the responsibility of a project leader (from the project site/source site that owns the Class 2 site) or a public body that owns/operates the site. This includes ensuring that the excess soil to be stored has a confirmed predetermined reuse site for after the specified storage duration.

Short Form References

This page makes reference to:

• the “Excess Soil Regulation” which is the short form for the Ontario Regulation 406/19 On-Site and Excess Soil Management made under the Environmental Protection Act.

• the “Rules document” which is the short form the reference document to the regulation entitled Rules for Soil Management and Excess Soil Quality Standards

Key Takeaways

A Class 2 soil management site is defined in the Excess Soil Regulation as a waste disposal site, other than a Class 1 soil management site, at which excess soil is managed on a temporary basis and that is:

(a) located on a property owned by a public body or by the Project Leader for the project from which the excess soil was excavated, or

(b) operated by the project leader for the project from which the excess soil was excavated.

Excess soil can be stored (stockpiled) at a Class 2 soil management site for up to two years; this period can be extended for an additional five years with written permission from a Director with the Ministry of the Environment, Conservation and Parks (MECP). This helps to ensure reuse sites can store soil in anticipation of it being needed in an undertaking, but stockpiling cannot be indefinite. Additionally, the amount of soil stored at a Class 2 soil management site at any one time must not exceed 10,000 m3.[1] To contact a Director with regard to extensions, please use this link and search for the phone number of the District Office closest to the Class 2 soil management site:  https://www.ontario.ca/environment-and-energy/ministry-environment-district-locator.

• The Excess Soil Regulation exempts Class 2 soil management sites from the requirement to obtain an Environmental Compliance Approval (ECA) (for waste) if the site complies with key rules and requirements, as described in the Excess Soil Regulation and the Rules document. Key requirements for Class 2 soil management sites can be found in Section 21 of the Excess Soil Regulation and associated sections of the Rules document. From the Excess Soil Regulation, these include:

• The Class 2 soil management site must be owned/operated by the project leader from the project area from where the excess soil was first excavated from, or it must be owned or leased by a public body, such as a municipality;

• The excess soil stored at any one time must only be the excess soil in respect of projects of the project leader.

• Limiting the maximum amount of excess soil that can be stored at any one time to 10,000 m³;

• Before storing excess soil at the Class 2 soil management site, the project leader for the project from which the excess soil was transported must obtain written consent from the operator of the reuse site for the deposit of the excess soil and prepare a written record identifying the intended reuse site; this record must be made available (if needed) by the project leader or the operator of the Class 2 soil management site while the excess soil is stored;

• Some forms of processing are allowed at the Class 2 soil management site (e.g. passive aeration), but this list of allowable forms of processing is not as extensive as it is at project areas because Class 2 soil management sites are not meant for liquid soil; and,

• The project leader or the operator of the Class 2 soil management site must provide written notice to the Director of the local Ministry office, before the excess soil begins to be deposited at the Class 2 soil management site.

• The project leader or the operator of the Class 2 soil management site must provide written notice of the closure of the site to the Director in accordance with subsection within 90 days after the closure.

Key requirements from the Rules document include:

• General storage rules are provided, including rules to:

  • Prevent adverse effects.

  • Store the soil in stockpiles, with the size of each stockpile not exceeding 2,500m3.

  • Segregate soil from project areas that required sampling (but has not been sampled) from soil from other project areas.

  • Prevent placement at soil at certain locations (e.g. within 30m of a waterbody).

  • Store soil in a manner that prevent any contaminants from leaching to groundwater

• Additional rules specifically for Class 2 soil management sites are provided, including:

  • Segregation of excess soil stockpiles from different projects/project areas unless the excess soil meets the same applicable excess soil quality standards table, and is destined for the same reuse site; 

  • Record keeping requirements with key information on the excess soil management activities taking place at the site, including the reuse site(s), Class 1 soil management site(s) and landfill(s) the excess soil is destined for;

Storage and processing of liquid soil at a Class 2 soil management site is not permitted. Class 2 soil management sites are only for the temporary storage and management of dry excess soil. Another key take away about Class 2 sites is that such sites may still require permit a from a municipality. This is at the discretion of the municipality.

It should be noted that the Excess Soil Regulation and the Rules document also provide requirements for residential development soil depots and retail landscaping soil depots to operate without an ECA for waste. Requirements specifically related to these are not found in this document, but can be reviewed in the Excess Soil Regulation (see Section 7) and Rules document.  

Finally, it should be noted that municipalities can create alternate storage rules than what is required at a Class 2 site (e.g. alternate storage time lengths) through their by-laws/permits .  

Key Resource: Ontario Environment Industry Association (ONEIA) Best Practices for Temporary Soil Storage Sites

For further information, see Ontario Environment Industry Association (ONEIA) Best Practices for Temporary Soil Storage Sites for Consideration with O. Reg. 406/19: On-site and Excess Soil Management in Ontario  Ontario Environment Industry Association - Excess Soils Best Practices (oneia.ca) an overview of relevant regulatory requirements, best management practices and key definitions related to temporary storage sites. 

Key Resource: Excerpt from King Township Rationale Document for Proposed Site Alteration and Fill By-law 

Note: not all of the temporary facilities described below may count as a Class 2 soil management site, but this excerpt is still valuable in showing municipalities contemplating temporary sites.  Some of the sites described would be more accurately characterized as a Class 1 soil management site per the Excess Soil Regulation, and require an ECA for waste. It is also particularly noteworthy that if King Township’s requirements are followed, specific temporary storage sites would not require a municipal permit. 

“The By-law recognizes the need for these types (“Temporary Fill Storage Sites”) of operations to exist and to temporarily store and move fill materials in volumes that would normally result in triggering the site alteration volume thresholds in the By-law.

The By-law provides specific conditions where these sites are exempt from needing a Permit, however all other requirements of the By-law related to environmental protection and control of impacts to neighbors still apply. The property and activities must also comply with all Township zoning and planning requirements. The site operator must be able to demonstrate with documentation satisfactory to the Township that the storage is temporary and that the material quality and storage conditions meet the requirements of the By-law as well as all other Township planning and zoning requirements. The site operator must be able to demonstrate with documentation satisfactory to the Township that the storage meets the definition of “temporary”. This could include documentation to demonstrate no significant net annual increase in total volume stored and a demonstration of a significant turnover of materials (imported and exported) in comparison to the total volume stored (such as a 50 percent annual turnover).

Commercial products stored temporarily for commercial sale at a property approved for such activity, including in bulk form, such as, manure, asphalt, concrete, rock, peat, wood chips, aggregate etc. that do not meet the definitions and quality requirements of O. Reg. 406/19 must be stored in a fashion that do not have the potential to cause an environmental impact or a nuisance impact. Excess Soil, Dry Soil and Liquid Soil (as defined by O. Reg. 406/19) that are stored temporarily must meet the definitions and quality requirements of O. Reg. 406/19 for the property on which they are stored.

The By-law has enough flexibility to Permit (or waive the requirement for a Permit) any situation of short—term or long-term activity involving site alteration and the movement of fill.

“Temporary Fill Storage Site” means any Property where Fill is stored above Existing Grade on a temporary basis as part of the activities of a licensed business.

“Temporary Storage of Fill” means the storage of Fill at a Temporary Fill Storage Site for a period of time determined by the activities of the licensed business with the expectation that the business involves the regular movement of Fill on to and off the Site in a manner that results in no year over year net increase in Fill volume above Existing Grade. “[2]

By-law Sections

General Prohibitions and Regulations

Things to Consider 

ONEIA’s Best Management Practices for Temporary Storage Sites recommends:

• Enforce community health and safety by limiting risks through policies and communication with Temporary Site operators, including:

  • ensure that surrounding roads and hauling routes are maintained and adhered to,

  • respond to complaints and concerns from the local community in communication with the site operator,

  • ensure the site adheres to the by-laws including traffic management plans or policies.

Municipalities may take the lead on site-specific instruments and work with local Conservation Authorities on enforcement. Conservation authorities can support enforcement in collaboration with the municipality by providing information around enforcement such as sharing their observation, notes or other evidence.

Municipalities may require financial assurances or securities to support enforcement and cover costs of damages that occur through the operation of the Temporary Sites.

In circumstances where Site Operators have caused damage, caused safety concerns or other complaints the onus is on the municipality to prove there was damage. Municipalities could consider the following practices:

• Requiring GPS tracking systems of haulers so they can be assured and address concerns or complaints around trucking routes and other issues; and,

• Conducting pre-construction road assessments.

The example below allows temporary storage of excess soil without a permit under a certain volume, likely determined based on risk of soil contamination.

Requirements for Issuance of a Permit

Things to Consider

ECAs for waste are required for the operation of a soil bank storage site or a soil processing site under the Excess Soil Regulation, as these types of sites are included in the Excess Soil Regulation’s definition of Class 1 soil management site. A Class 2 soil management site, in contrast, does not require an ECA for waste.

 Municipal permits may include local restrictions for storage site volumes as a permitted use, or limitations on stockpile heights below those listed in the regulation. This is appropriate per the Excess Soil Regulation, as local instruments can set alternate storage rules. These sites may fall under a municipal site alteration or fill by-law and/or municipal zoning requirements. Separate by-laws relating to nuisances such as noise and dust may reference hours of operation to mitigate objections from neighbours. 

Note: The following example of by-law language may go beyond what would be considered a Class 2 soil management site. Nonetheless, in the below example King Township would waive the need for a municipal permit.  

References

[1] Ontario Environment Industry Association (ONEIA) Best Practices for Temporary Soil Storage Sites for Consideration with O. Reg. 406/19: On-site and Excess Soil Management in Ontario  Ontario Environment Industry Association - Excess Soils Best Practices (oneia.ca)

[2] King Township – Staff report / Section 6.0 Rationale – Proposed Site Alteration and Movement of Fill By-law

[3] City of Burlington Site Alteration By-law 64-2014 (http://www.burlington.ca/en/modules/by-laws/by-law/details/3a5b5a42-0ea3-4126-b273-e850afb82198)

[4] King Township Proposed Site Alteration By-law XXXX 2021