Summary of Issue

Things to Consider

Soil characterization through soil sampling is done initially to evaluate conditions of both the excess soil from the source site and the soil at the reuse site, and is further conducted during fill operations to monitor soil quality throughout the project and ensure standards are being maintained.  

Soil characterization should consider:

• Site-specific conditions (including site history);

• Intended and/or anticipated future land use (of receiving site); and

• Physical characteristic of excess soil (including soil type and geotechnical suitability). [1]

Mandatory sampling provisions for certain larger and potentially riskier source sites/project areas is outlined in the Excess Soil Regulation and Rules document. These requirements, including the sampling frequency set out in the Rules document, can be considered outside of the specific circumstances in which it is required to be followed.

Tje Excess Soil BMP provides other sampling guidance. A specific soil sampling schedule or procedure is not outlined in the MECP BMP. The MECP BMP recommends this be determined by an expert on a site by site basis: “Professional expertise and judgment will be necessary to inform the assessment and the extent of testing to be undertaken including a reasonable identification of potential contaminants based on reviewing the history and conditions of the sites.” [2]

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

• MECP BMP -which is Ministry of Environment, Conservation and Parks document of Excess Soil – A Guide for Best Management Practices.

• Brownfields regulation refers to Ontario Regulation 153/04

Key Takeaway

The Excess Soil Regulation requires certain larger and riskier sites generating excess soil (i.e. project areas/source sites) that are required to register per section 8 to retain a QP to prepare or supervise an assessment of past uses and in some cases to prepare or supervise a sampling and analysis plan and soil characterization report (see sections 11 and 12). A QP would also be required to prepare or supervise completion of an excess soil destination assessment report, but that is not the focus of this tab. When meeting these requirements, it is also important to also meet the applicable set out in the Soil Rules document including Part I, Section B. Nonetheless, municipalities can build on the minimum sampling requirements laid out in the Excess Soil Regulation and Rules document. 

Key Takeaway

Requesting Sampling Analysis and Confirmatory Sampling of Soil Received

Although the requirements described above will not apply to all project areas, sampling may be or may have been completed for due diligence purposes, and municipalities may also require reuse sites to provide sampling results before receiving soil or before giving written consent to receive excess soil.  Municipalities may choose to also consider requesting reuse sites, especially larger reuse sites, to undertake auditing/confirmatory sampling of soil being received. If sampling results are received from a project area generating excess soil, this reduces the amount of confirmatory sampling that may be necessary at the reuse site. Sampling results may not be needed, and auditing may be reduced, if excess soil is confirmed to have been received from locations with little or no likelihood of contamination. An assessment of past uses or phase one environmental site assessment from the project area can help to confirm a low risk of contamination (note that the Excess Soil Regulation contains some provisions whereby a phase one environmental site assessment may be used instead of an assessment of past uses). Source site/project area sampling (in situations where the Excess Soil Regulation does not require it) and sampling at the reuse site is a best practice.

Resource

For further information, see MECP’s Factsheets (https://www.ontario.ca/page/handling-excess-soil) with an overview of relevant regulatory requirements, best management practices, FAQs and key definitions related to:

• Source sites

• Reuse sites

• Soil Quality & Beneficial Reuse

• Offsite Soil Management – Temporary Soil Storage and Processing

• Stormwater Pond Sediment Management

• Qualified Persons and Sampling

• Infrastructure Projects

By-law Sections

Permit Issuance

Things to Consider

Most by-laws do not include specific soil sampling or testing protocols but often include instructions for these to be determined by the approved qualified person. Some by-laws, like the example below, directly reference the MECP BMP for the guidance it has on sampling.  This approach can promote consistency between municipalities and does not require the municipality to develop its own procedures. In future, municipalities can consider referencing the regulation and Rules document instead of the BMP.

Permit Agreement

Things to Consider

Municipalities may have large scale operations follow specific soil quality requirements under a permit agreement.  [See Large Scale Site Alteration Agreements Issue page for more information]. The example language below contains such requirements. For soil quality, testing and reporting, this specifies:

Things to Consider

Large Scale Operations

Because large scale excess soil operations often present higher risks of degradation to the reuse site, some by-laws outline soil management requirements specific to these situations that are more detailed and rigorous than requirements for small or medium sized operations. They often include instruction for soil testing and having a qualified person to conduct the site assessment. The example below sets out the following requirements for operations where the volume of soil is greater than 5000 m3 or where the proposed elevation is greater than 0.5 m above or below the existing grade:

Inspection, Administration and Enforcement

Things to Consider

This section is an opportunity to include clauses that enable the municipality to monitor, regulate and enforce their soil quality and testing standards.  It is beneficial for municipalities to retain independent inspectors and/or qualified persons to verify reports submitted by the owner. Implementing a clause similar to that below, allows municipal officials to enter and test a site at their discretion. 

Fees

Things to Consider

Municipalities can require fees to recover costs of hiring their own qualified persons and peer reviewing soil characterizations provided by the site owner/operator.

[See Fees, Cost Recovery and Financial Assurance Issue page for more information].

References

[1] Ministry of the Environment Conservation and Parks.  Management of Excess Soil – A Guide for Best Management Practices (https://www.ontario.ca/page/management-excess-soil-guide-best-management-practices)

[2] Ministry of the Environment Conservation and Parks.  Management of Excess Soil – A Guide for Best Management Practices (https://www.ontario.ca/page/management-excess-soil-guide-best-management-practices)

[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] Township of Scugog Site Alteration By-law 62-15 (http://www.scugog.ca/en/township-office/resources/Documents/62-15-Site-Alteration.pdf)

[5] Township of Oro-Medonte Site Alteration By-law 2016-056 (http://docs.oro-medonte.ca/docs/0/doc/43978/Page1.aspx)

[6] Town of Bradford West Gwillimbury By-law 2011-108 (https://bradfordwestgwillimbury.civicweb.net/filepro/documents/562?preview=31941)