Topic: Registry

In December 2019, the Ministry of the Environment, Conservation and Parks (the ministry) released a regulation under the Environmental Protection Act, titled “On-Site and Excess Soil Management” (the regulation) to support improved management of Excess Soil.

This regulation supports proper management of Excess Soils, ensuring valuable resources don’t go to waste and to provide clear rules on managing and reusing Excess Soil. Risk-based standards referenced by this regulation help to facilitate local beneficial reuse promote reduction of greenhouse gas emissions from soil transportation, while ensuring strong protection of human health and the environment. The risk-based standards can be found in the document adopted by reference under this regulation, Rules for Soil Management and Excess Soil Quality Standards.

Excess Soil is soil that has been dug up, typically during construction and excavation activities. It must be moved off-site because it can’t or won’t be reused at the development site.

The regulation requires notices to be filed for three types of activities:

1. Notice filings for excess soil from Project Areas that can be made by a Project Leader or Authorized Person and may require retaining a Qualified Person. These notices will be required starting January 1^st, 2022, before soil that will become excess soil is removed from the Project Area. There will be two fillings for each notice:

1. An initial filing before the soil is removed, which will require the following information to be provided:

• • a description of the project and Project Area including the location of each property within the project area
  • the contact information of the Project Leader, Operator or Authorized Person and the person responsible for transportation, and if applicable, the qualified person
  • an estimated amount of the soil that will be generated broken down by quality standard
  • a list of substances/materials that were added to the soil
  • the location of temporary or final sites that the soil will be transported to
  • details of the Reuse Site(s) where the soil will be moved to
  • information on any peer review or certification processes if applicable
  • and a declaration by the Project Leader.

Exceptions

The Project Leader, Operator or Authorized Person may file a notice after soil that will become excess soil has been removed from the project area if:

• conducting the required sampling and analysis at the project area is impractical
• the soil is removed from the project area and delivered to a temporary site to conduct the required sampling, and
• the Project Leader, Operator or Authorized Person makes sure the required sampling is conducted as soon as the soil is delivered to the temporary site

If soil is removed before a notice is filed in the Registry, the Project Leader, Operator, or Authorized Person is required to ensure that the notice is filed in the Registry before the soil that has become excess soil is transported from the temporary site to the final site.

More information about when this type of notice filing is not required can be found under Schedule 2 of the regulation.

The Project Leader or Authorized Person is required to update notice filings that are no longer complete or accurate within 30 days after the day the person becomes aware that the information is no longer complete or accurate.

2. A final notice within 30 days after excess soil has been removed from the Project Area or temporary site which will require the following information:

• the amount of excess soil removed from the Project Area that was deposited at: a class 1 soil management site, a class 2 soil management site, a reuse site, a local waste transfer facility, and a landfilling site or dump
• the date on which the last load of excess soil was removed from the project area or temporary site
• a declaration by the Project Leader

2. Notice filings for Residential Development Soil Depots can be made by an Owner, Operator, or Authorized Person. This notice will be required before excess soil is deposited on a residential development soil depot site if the depot commences operation on or after January 1, 2022, or if the depot was already in operation when the requirement to file a notice comes into effect, the notice should be filed ahead of January 1, 2022.

The Owner or Operator of the Residential Development Soil Depot must ensure that the quality of the excess soil accepted and managed at the depot meets the applicable Excess Soil Quality Standards set out in the regulation. There will be two filings for each notice:

1. An initial filing before the soil is received, which will require the following information to be provided:
   • the site location
   • the contact information of the Site Owner and Operator
   • the project commencement date
   • the estimated amount of soil (including inventory on-site)
   • the site instrument identification
   • and a declaration by the Site Owner or Operator.
2. A final filling within 90 days of the depot closing indicating the date when the depot ceased operations, and a declaration by the Site Owner or Operator.

3. Notice filings for Reuse Sites can be made by a Site Owner, Operator, or an Authorized Person. These will be required starting January 1^st, 2022, and apply to a Reuse Site that expects at least 10,000 m3 of excess soil to be deposited after January 1^st, 2022 (including Reuse Sites that were in operation before that date). There will be two filings for each notice:

1. An initial filing before the excess soil is deposited, which will require the following information to be provided:
   • the site location/property type
   • the contact information of the Site Owner and Operator
   • a description of the undertaking
   • the applicable excess soil quality standards for the site
   • the estimated amount of soil by quality standard
   • the estimated dates when the first and last soil load will be deposited
   • the site instrument identification
   • and a declaration by the Site Owner or Operator.
2. A final notice filing within 30 days after the final load of excess soil has been deposited at the Reuse Site which will require the following information:
   • confirmation that all excess soil that will be reused for a beneficial purpose has been deposited at the reuse site
   • the total amount of excess soil that was deposited
   • the date the final load of excess soil was deposited
   • and a declaration by the owner or operator.

The Site Owner or Operator is required to update notice filings that are no longer complete or accurate within 30 days after the day the person becomes aware that the information is no longer complete or accurate.

Exemptions:

Reuse Sites that are part of infrastructure projects are not required to file notices.

As required under the regulation, Project Leaders, Owners and Site Operators are required to use the Excess Soil Registry to file notices for certain Project Areas, Reuse Sites, and Residential Development Soil Depot sites where Excess Soil is generated, transported, temporarily placed, and deposited.

Project Leaders, Owners and Site Operators can also assign an Authorized Person to file a notice and pay fees in the Registry on their behalf.

Role definitions

Project Leader

In O. Reg. 406/19, the Project Leader means, 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.

The Project Leader is responsible for ensuring that a Project Area Notice is filed if required. They must always complete and sign the required declarations that are a component of the notice being filed and pay Registry fees.

Owner

A person who owns the land, with an interest upon whose credit, behalf, privity or direct benefit an improvement is made to the premises.

For a Reuse Site or a Residential Development Soil Depot, an Operator may complete all aspects of the relevant notice filing in the Registry.

Operator

A person who has the charge, management, or control of a site. An Operator may be an owner of a property, lease a property or be contracted to operate a Project Area Site, Reuse Site or Residential Development Soil Depot.

For a Reuse Site or a Residential Development Soil Depot, an Operator may complete all aspects of the relevant notice filing in the Registry.

Authorized Person

A person who is authorized by the Project Leader, Owner, or Operator of a site, to complete a notice filing and pay fees on their behalf.

The Authorized Person can initiate a notice in the Registry if permitted to by the Project Leader, Owner, or Operator of a site, and can complete all required notice information and pay applicable fees on their behalf.

Qualified person (QP)

QPs under the regulation have the same meaning as section 5 and 6 of Ontario Regulation 153/04 (O. Reg. 153/04).

Section 5 of O. Reg. 153/04 defines a Qualified Person as professional engineers and geoscientists – these are the persons who may oversee or conduct environmental site assessments or complete certifications in a Record of Site Condition. Section 6 of O. Reg. 153/04 sets out the requirements for Qualified Persons who conduct or oversee a risk assessment.

A QP may be designated as an Authorized Person by the Project Leader or by an Owner/Operator to file a notice to the Excess Soil Registry on their behalf.