May 13, 2020 O. Re g . 406/ 19, On-Site a nd E xc e ss So il Ma na g e me nt Re g ula tio n Wha t Do e s it Me a n? Presented by: Krista Barfoot, Ph.D., C.Chem., QPRA Dylan Hemmings, M.Sc.
Ag e nda 1. Introduction 2. Regulation Basics 3. Timing 4. Implications 5. Challenges 6. Case Studies & Digital Tools 7. Q&A
I ntro duc tio n Section 1
E xpe rie nc e yo u c a n c o unt o n Se nior R e sour c e s Krista Barfoot Ph.D., C.Chem., QP RA T ia na Ro b inso n Ja so n Hudso n Principal, Environmental Services Gra c e F e rg uso n Ste ve De sro c he r Jill Pe te rs-De c hma n Jo e l Va n Po pta Pa ula Sda o Dylan Hemmings M.Sc. F ra nc ine K e lly-Ho o pe r E rika Ryte r Vice President, Environmental Services Chris Cushing Stantec has 300 environmental staff across Ontario to help support your needs – from strategic planning and sampling, to construction oversight. 6
Re g ula tio n Ba sic s - Section 2 I nte nt
Why do we have a ne w r e gulation? nte nt Wha t Do e s I t Do ? Se c tion 2 Re g ulatio n Basic s - I Owners have always been responsible for managing their excess soil in an environmentally responsible manner; however, vagueness in Regulation 347 regarding soil made enforcement a challenge. O. Reg. 406/19 provides clear, enforceable rules regarding soil reuse. Cannot “contract out” of liability
Goals nte nt I nte nde d Be ne fits Se c tion 2 Re g ulatio n Basic s - I Reduce amount of Prevent improper excess soil disposed placement/reuse of of in landfills soil Soil is a valuable resource Inhibit contamination of clean sites SECONDARY: Encourage and facilitate local reuse, thus decreasing greenhouse gas emissions
Re g ula tio n Ba sic s – Section 2 Re q uire me nts
What is e xc e ss soil? Se c tion 2 Re g ulatio n Basic s – Re quire me nts “Soil, or soil mixed with rock, that has been excavated as part of a project and removed from the project area for the project” Project Area - a single property or adjoining properties on which the project is carried out Project Leader - the person or persons who are ultimately responsible for making decisions relating to the planning and implementation of the project
Se c tion 2 Re g ulatio n Basic s – Re quire me nts Ne w Standar ds De te rmine d b y Pro po se d Re use Site Soil quality Potable vs Non- Regulation (chemistry) focused Shallow or Stratified Potable, and establishes and Volume Based Soil Sites Proximity to Surface (Bulk, Leach) Water sampling and documentation requirements to confirm Option to Use Special Condition Option to Develop standards are Rules (salt-impacted, Beneficial Reuse Site-specific Risk- met Assessment Tool blended, pH, Based Standards sensitive sites, etc.) (BRAT)
Planning Requirements Excess Soil Registration and Assessment of Soil Characterization Destination Tracking Past Uses Assessment Report Some relief from sampling Registration on Public Similar to Phase One ESA Automatically triggered for requirements if > Table 3 Identify volumes and quality of Register under O. Reg. 153 higher risk sites Excess Soil Quality excess soil to be removed Standards SWM ponds, agricultural Tracking system for each Soil Characterization Sampling and Analysis soil movements, and RPI load – from excavation to Report tied to Schedule E Identify destination information Plan soils to non-agricultural final destination of O. Reg. 153 sites exempt Not required if soil is Describe any processing Mandatory sampling transported directly to completed parameters Class 1 Soil Management facility Dates of movement and Minimum sample numbers contingency measures based on volumes
In-situ vs e x-situ sampling (non-SWM pond) Se c tion 2 Re g ulatio n Basic s – Re quire me nts Volume (m 3 ) Volume (m 3 ) In-Situ Ex-Situ In-Situ Ex-Situ Samples Samples Samples Samples <130 3 3 >1700 to 1850 10 16 >130 to 220 3 4 >1850 to 2050 11 17 >220 to 320 3 5 >2050 to 2200 11 18 >320 to 430 3 6 >2200 to 2350 12 19 >430 to 550 3 7 >2350 to 2500 13 20 >550 to 670 4 8 >2500 to 2700 14 21 >670 to 800 4 9 >2700 to 2900 15 22 >800 to 950 5 10 >2900 to 3100 16 23 >950 to 1100 6 11 >3100 to 3300 17 24 >1100 to 1250 7 12 >3300 to 3500 18 25 >1250 to 1400 7 13 >3500 to 3700 19 26 SWM – >1400 to 1550 8 14 >3700 to 3900 20 27 Stormwater >1550 to 1700 9 15 >3900 to 4100 21 28 Management
Se c tion 2 Re g ulatio n Basic s – Re quire me nts Qualifie d Pe r son (QP) • Certain documents are required to be prepared by a QP • Defined in Ontario Regulation 153/04: P.Eng., P.Geo. • QP cannot have direct or indirect interest in the project • Potential for contractors to hire QP
E xe mptions fr om Planning R e quir e me nts Se c tion 2 Re g ulatio n Basic s – Re quire me nts Re g ula tio n still a pplic a b le Volume- Select Infrastructure Special conditions based Projects* <2,000 m 3 in Emergency Soil excavated to Excludes SWM Ponds settlement work (e.g., maintain infrastructure area and spill) in a fit state of repair *includes public highways, impacts not transit lines and railways, gas expected and oil pipelines, sewage Topsoil (as Soil from an collection systems and water defined, with infrastructure project <100m 3 distribution systems, stormwater specific reuse reused at another management systems, electricity transported requirements) infrastructure project management systems, directly to telecommunications lines and of the same owner waste facilities, and associated right of or a public body disposal site ways
E xe mptions fr om Planning R e quir e me nts Se c tion 2 Re g ulatio n Basic s – Re quire me nts I nfra struc ture Both of the following circumstances apply: 1. The excess soil is excavated as part of an infrastructure project. 2. The project leader for the infrastructure project intends, after removing the excess soil from the project area, to finally place it at a reuse site that is owned by the project leader or a public body and that is part of an undertaking related to another infrastructure project. Reuse site(s) would have to be identified and specified when contracting the work
E xe mptions fr om Planning R e quir e me nts Se c tion 2 Re g ulatio n Basic s – Re quire me nts Gra ndfa the ring Exemption to the Planning Requirements if the Project Leader has entered into a contract with another person with respect to the management of excess soil from the project before January 1, 2021. Exemption removed January 1, 2026
Soil Stor age Se c tion 2 Re g ulatio n Basic s – Re quire me nts Pro je c t Are a (o n-site ) Cla ss 2 Site , Wa ste T ra nsfe r Site , Re use Site (o ff-site ) • Prevent adverse effects (e.g., noise, dust, mud tracking, run-off/erosion, outdoor air impacts [odour], leaching) • Stockpiles ≤ 2,500 m 3 • Segregated by quality or Project Area (off- site) • Setback ≥ 30 m from waterbodies • Setback ≥ 10 m from property lines What about linear infrastructure projects?
T r anspor tation Se c tion 2 Re g ulatio n Basic s – Re quire me nts Ha ule rs o f E xc e ss So il • Transport in vehicle that provides safe transfer without nuisance (i.e., no abrasion, corrosion; leakproof and covered, when needed) • Provide Provincial Officers information regarding the excess soil load: ‒ Location, date, time loaded ‒ Quantity and deposit location ‒ Contact name for further info (e.g., quality) ‒ Organization transporting the soil ‒ Vehicle driver, plate numbers • More formal record required after January 1, 2022 What does this mean for contract specifications?
Se c tion 2 Re g ulatio n Basic s – Re quire me nts Spe c ial r e quir e me nts for liquid soil • Storage and hauling requirements • Select dewatering/processing allowed in the Project Area or local waste transfer facility • Quality requirements apply; testing is generally specific to dry soil with consideration of additives • Deposit at a reuse site as dry soil, or as liquid soil but with an appropriate instrument • Landfill or further treatment
What about tunne ling spoils? Se c tion 2 Re g ulatio n Basic s – Re quire me nts I s the re g ula tio n re le va nt? • Is it rock or rock mixed with soil? ‒ 100% rock not considered “excess soil” ‒ Rock and soil particles smaller than 2 mm in size considered “excess soil” • What drilling mud was used? ‒ Water-based or oil-based ‒ Impacts to quality mean treatment as waste • What amendments or drying agents were added? ‒ Natural non-polymer, natural polymer, or synthetic polymer additive ‒ Impacts to quality mean treatment as waste
What about tunne ling spoils? Se c tion 2 Re g ulatio n Basic s – Re quire me nts I s the re g ula tio n re le va nt? • Is it rock or rock mixed with soil? ‒ 100% rock not considered “excess soil” ‒ Rock and soil particles smaller than 2 mm in size considered “excess soil” • What drilling mud was used? ‒ Water-based or oil-based ‒ Impacts to quality mean treatment as waste • What amendments or drying agents were added? ‒ Natural non-polymer, natural polymer, or synthetic polymer additive ‒ Impacts to quality mean treatment as waste
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