b'LEGISLATIONLicence to By Ashlee Zelek fill?What to watch for as Ontarios new excess soil regulation comes into effectF ive years after the Ontario Ministry of the Environment,information repository for the movement of excess soil. Once the ConservationandParks(MECP)releasedtheirExcessrequirement to register is triggered, then planning documentation Soil Management Policy Framework, and after severalmust be prepared prior to the removal of soil from the source iterations of the proposed regulations, some sections ofsite. The planning documentation includes an Assessment of Past the new excess soil regulation (introduced in DecemberUses, Sampling and Analysis Plan, Soil Characterization Report 2019) came into effect on January 1, 2021. What does this meanand Excess Soil Destination Report. A tracking system must be for pits and quarries which are governed by a site licence issued byin place prior to soil movement to document the movement of MNRF under the Aggregate Resources Act (ARA)? each load from the source site to the reuse site. It may be paper or electronic but must include specific information. Finally, there is a TheregulationtitledOn-SiteandExcessSoilManagementrequirement for both the source site and the reuse site to retain alldoes not apply to aggregate product leaving a site (includingrecords for at least seven years. recycled aggregate) or topsoil leaving a pit or quarry (removal of topsoil must be permitted by the site plan). It does, however, applyGENERIC STANDARDSto excess soil imported for rehabilitation or other beneficial reuseTheMinistrydevelopedgenericexcesssoilreusestandardsbut purposes and excess soil that may be generated during constructionhas not yet provided guidance on acceptable excess soil standards orremedialactivitiesthatleavethesite.Undertheregulation,for placement of soil below the natural water table. The generic allexcesssoilisconsideredwasteunlesscertainconditionsareexcess soil reuse standards were developed using the same model satisfied. Also new are restrictions on the quality of material thatthat was used to develop the standards presented in Soil, Ground can be placed at landfills to limit the amount of clean excess soilWater and Sediment Standards made under Part XV.1 of the EPA and are placed at landfills that can be reused for a beneficial purpose.based on the same land uses, groundwater uses, distance to water-body, depth to bedrock and soil texture. It is important to note that The regulation has four main requirements: Registry, Planningthe quality and quantity requirements referenced in the site plan Documentation for the Source Site, Tracking and Record Keeping.prevail over the excess soil regulations, but the requirements in the Theregistry(stillindevelopmentbyMECP)willserveasanregulations and rules would still apply.14 AVENUESWINTER 2021'