O. Reg. 550/24: ON-SITE AND EXCESS SOIL MANAGEMENT, Filed December 17, 2024 under Environmental Protection Act, R.S.O. 1990, c. E.19
ontario regulation 550/24
made under the
Environmental Protection Act
Made: December 12, 2024
Filed: December 17, 2024
Published on e-Laws: December 17, 2024
Published in The Ontario Gazette: January 4, 2025
Amending O. Reg. 406/19
(ON-SITE AND EXCESS SOIL MANAGEMENT)
1. (1) Section 22 of the Ontario Regulation 406/19 is revoked.
(2) The Regulation is amended by adding the following section:
Landfilling site or dump
22. (1) Subject to subsection (2), no person shall deposit, or cause, permit or arrange for the deposit of excess soil at a landfilling site or dump if the excess soil meets the soil quality standards set out in the Excess Soil Standards for the purposes of this subsection.
(2) Subsection (1) does not apply if the excess soil will be used for daily cover, final cover, the construction of roads or berms or to support any other type of ancillary use that supports the operation of the landfilling site or dump.
(3) Despite subsection (1), the deposit of excess soil described in that subsection is permitted at a landfilling site or dump if a qualified person has,
(a) determined that, because one of the criteria set out in subsection (4) applies, it would be inappropriate to deposit the excess soil for final placement at a reuse site;
(b) completed a declaration in accordance with subsection (5), stating the determination; and
(c) given the declaration to the owner or operator of the landfilling site or dump at which the excess soil is deposited.
(4) For the purpose of clause (3) (a), the determination of the qualified person must be based on a finding that one of the following criteria applies:
1. The excess soil contains a parameter for which there is no applicable excess soil quality standard and there are reasonable grounds to believe the final placement of the excess soil at a reuse site may cause an adverse effect.
2. The excess soil contains invasive species that should not be relocated to a location other than a landfilling site or dump.
3. Both of the following criteria apply:
i. Due to the geotechnical instability of the excess soil, its reuse at a reuse site for structural or other purposes is not reasonably possible.
ii. Despite reasonable efforts having been made by the owner or operator of the site at which the excess soil was loaded for transport to identify a reuse site at which the excess soil could be used for other beneficial purposes, no such reuse site has been identified.
(5) For the purpose of clause (3) (b), the declaration must include the following information:
1. The amount of excess soil to be deposited at the landfilling site or dump.
2. The location of the site at which the excess soil was loaded for transportation to the landfilling site or dump.
3. Which of the criteria set out in subsection (4) applies and an explanation of how it applies.
4. The name and contact information of the qualified person who is providing the declaration.
Ontario Regulation 174/24
2. Section 13 of Ontario Regulation 174/24 is revoked.
Commencement
3. (1) Except as otherwise provided in this section, this Regulation comes into force on the day it is filed.
(2) Subsection 1 (2) comes into force on January 1, 2027.