ONEIA Excess Soil Session, September 9, 2014 - Presentation by MOECC

Presentation to ONEIA:

Management of Excess Soil -A Guide for Best Management Practices

Ministry of the Environment and Climate ChangeCentral Region

Operations Division

September 9, 2014

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Outline Purpose:

Provide an overview of Management of Excess Soil -A Guide for Best Management Practices and current implementation

Presentation Overview• Background• Overview of the Best Management Practices• Enforcement• Implementation • Next Steps

Background

• Soil is an important resource and every day in Ontario, large amounts of soil are being moved to support development activities.

• The protection and conservation of soil in Ontario is a valuable component of maintaining the environment for present and future generations.

• Excess soil is mainly generated by excavation during construction activities. In most cases this soil is in “excess” to what is needed on the site. This excess soil needs to be managed in a safe and efficient manner off-site.

• The ministry encourages the reuse of excess soil, where appropriate, provided that the use does not have a potential to cause an adverse effect to human health and the environment, or impairment of water quality, as described under the ministry’s acts and regulations.

• While municipalities and conservation authorities are the main permitting agencies for soil receiving sites, to help facilitate the beneficial reuse of excess soil, the ministry developed Management of Excess Soil - A Guide for Best Management Practices.

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Background

• The guide is intended to assist those managing excess soil, particularly when the soil may be affected by contamination, in preventing and mitigating the potential for adverse effects.

• It is the responsibility of all parties who excavate, transport, receive or store excess soil to ensure that the excess soil being managed in an environmentally sound manner in accordance with all regulatory requirements.

• The guide sets out the ministry’s expectations for all those managing soil to support safe and sustainable soil management and reuse while promoting consistency across the province.

• Where environmental concerns are identified at a site, the ministry may assess all activities related to excess soil management and may take appropriate actions within the ministry’s legislative mandate.

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Overview: Best Management Practices

• The guide provides best practices on how to handle excess soil beginning at the place where the soil is excavated (a “Source Site”), during the transportation of the excess soil, and through to a site where the excess soil can be reused for a beneficial purpose (a “Receiving Site”).

• The guide also includes operational best practices for temporary storage of excess soil at an intermediate site, between the Source Site and Receiving Site, referred to as a Temporary Storage Soil Site.

• The best practices is an operational guidance document intended to address day to day questions/concerns being raised across the province to provide a clear and consistent approach.

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Overview: Best Management Practices

The Best Management Practices Guide: • Provides an approach that enables the continued approval and permitting

by municipalities and conservation authorities, and the flexibility for local decision making and site-specific considerations.

• Can assist municipalities and conservation authorities when issuing permits or approvals, or when establishing new or amended by-laws for managing excess soil.

• Recommends that all activities at sources sites, receiving sites and soil banks are overseen by a Qualified Person (QP – as defined under O.Reg 153/04), including the appropriate soil characterization and quality parameters.

• Recommends municipalities, government ministries and agencies incorporate best soil management practices into the tendering process for construction projects, including determining appropriate receiving sites.

• References complementary industry codes of practice to empower stakeholders to take a leadership role for sustainable soil management.

Overview: Best Management Practices• Excess soil management options should be evaluated on a site by site basis

and may include: On site• direct reuse of the excavated soil at the excavation site; and • treating or processing excavated soil and reusing the soil at the excavation site, in

accordance with the terms and conditions of an Environmental Compliance Approval (ECA) where required.

Off Site• reusing excess soil at a construction or development site where imported soil is required

for purposes such as site alteration, filling in depressions/excavations, or re-grading; • managing excess soil at an approved soil recycling, processing or treatment facility, in

accordance with the terms and conditions of the ECA; • reusing excess soil at a commercial site where soil will be reused for a beneficial purpose; • transporting excess soil to an approved waste disposal site for use as daily cover (as

appropriate) or for final disposal in accordance with the terms and conditions of the ECA.

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For Source Sites• All activities are overseen by a Qualified Person (QP). • Development of a Soil Management Plan that includes:

• detailed sampling and analysis plan for all excavated soil; • estimated volume of excess soil to be managed off-site; • a site plan that identifies all the areas to be excavated, with the estimated

volume and soil type and quality of each area; • detailed instructions to on-site contractors identifying the area and depth of soil

to be excavated for off-site management; and • a list of potential Receiving Sites linked to excavated areas of the site plan.

• Documentation signed by a QP with appropriate and representative soil analysis, confirming the soil quality is acceptable for the intended receiving site – consistent with a fill management plan at the receiving site.

• Detailed record keeping requirements, including documentation that confirms receipt at the intended receiving site.

• Ensuring that documentation regarding past site assessments are available to the QP at the receiving site.

Overview: Best Management Practices

Overview: Best Management Practices

For Receiving Sites• All activities are overseen by a Qualified Person (QP). • The owner and QP should undertake an assessment to establish the

current site condition of the soil and ground water to ensure the site is appropriate to be used as a Receiving Site.

• Public consultation prior to operations with local municipalities, applicable Conservation Authorities and the local community, including any First Nations and Métis communities.

• Owners/operators of a Receiving Site may need to provide Financial Assurance to the ministry or other appropriate authority before the site begins operating or during operations, to ensure any issues that may arise with material brought to the Receiving Site can be addressed in a timely and effective manner.

• Owners/operators of Receiving Sites should also consider pre-approval of Source Sites based on a protocol determined by the Source Site and Receiving Site QPs.

Overview: Best Management Practices

For Receiving Sites• Development of a Fill Management Plan:

• procedures to prevent the introduction of invasive plant or animal species; • copies of any documentation regarding municipal or Conservation Authority

licences/permits and provisions of provincial plans which apply to the site. • identification of appropriate soil quality and soil types for excess soil to be

received at the site as determined by the QP based on: – site location/sensitivity, – anticipated land use, – ground water use/sensitivity, – pre-existing site conditions or other factors as to ensure that there is no

likelihood of adverse effect; • sampling protocols (designed by a QP) sufficient to produce results that

would be representative of the volume of excess soil that is being received from each Source Site;

• dust and noise control measures; • site security measures;

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Overview: Best Management Practices

For Receiving Sites – Fill Management Plan (cont’d) • on-site protocols for incoming excess soil; • a record keeping system to track each incoming load of excess soil;• site signage, which identifies a contact name, hours of operation (with

reference to local by-laws where appropriate), and daily and after-hours contact telephone numbers;

• stormwater management plan; • erosion control and run-off controls; • load rejection and audit sampling protocols; • contingency plan to identify actions that are to be taken in the event that audit

sampling or other information identifies concerns with soil quality from a Source Site; and

• soil placement/segregation protocol to identify where excess soil from each Source Site has been placed, such that it can be assessed if required.

Overview: Best Management PracticesSummary of Best Management Practices for Temporary Excess Soil Storage Sites

• paved or otherwise impermeable surface; • covering soil storage piles while not in use; • limiting stockpile heights based on site location and site specific information,

including adherence to local by-laws where applicable;• regular site inspections; • notification to surrounding land owners; • dust and noise control measures; • site security measures;• protocols for incoming excess soil management;

Overview: Best Management Practices

Summary of Best Management Practices for Temporary Excess Soil Storage Sites (cont’d)

• record keeping system that tracks each incoming load of excess rejections of any loads of soil due to visual inspection or review of analytical results;

• soil placement/segregation protocol • sampling protocols (designed by a QP) sufficient to produce results that

would be representative of the volume of excess soil that is being received from each Source Site; and

• contingency plan to identify actions that are to be taken in the event that audit sampling or other information identifies concerns with soil quality from a Source Site.

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Overview: Best Management Practices

Transportation • It is recommended that owners and operators engaged in excess soil

management activities have a Traffic and Transportation Management Plan.• Traffic and Transportation Management Plans should be prepared for all

Source Sites, Receiving Sites and Temporary Soil Storage Sites. • This plan should address the following considerations where applicable:

• location and configuration of site entrances; • truck queuing and parking; • dust control and mud-tracking prevention/truck cleaning; and• haul routes between Source Sites, Receiving Sites and Temporary Soil

Storage Sites.• When preparing a Traffic and Transportation Management Plan those

managing excess soil should consult with local upper-tier and lower-tier municipalities regarding appropriate transportation routes.

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Overview: Out of Scope

• The Soil Best Management Practices document is not intended to:• Address the continued use of the Brownfields standards(O. Reg.

153/04) outside of their intended scope and applicability;• Apply to small, low-risk construction or maintenance activities that

are limited to single-dwelling residential properties, or activities associated with minor municipal road work or sewer/water main construction or repair.

• Govern material excavated from aggregate pits and quarries or other material that does not meet the definition of soil found in O. Reg 153/04 such as compost, engineered fill products, asphalt, concrete, re-used or recycled aggregate product and/or mine tailings;

• Set criteria or fill quality standards which would apply at the receiving sites.

Enforcement

• All soil management activities brought to the ministry will be assessed on site specific information (i.e., case-by-case basis).

• Where potential environmental concerns arise, the ministry will assess the information available to examine how the best practices were applied or how they can be applied to the specific site.

• If the assessment reveals compliances issues with the excess soil management activities, the ministry will initiate abatement measures to address these situations.

• The appropriate authority will be contacted for sites which are out of the ministry’s jurisdiction or mandate.

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Implementation

• Focus on outreach and raising awareness of the best management practices.

• Continued municipal engagement to encourage and support municipal pilot activities.

• Look for opportunities to showcase sustainable excess soil management projects in the province.

• Facilitate creating additional guidance materials required to support implementation.

• Provide outreach and education to organizations and sectors upon request.

• Monitoring usage and uptake of the best practices through inspection activities.

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Next Steps

• The ministry recognizes the complex challenges that soil movement in the province pose to municipalities, industry, the public and the environment.

• The Best Management Practices are intended to provide essential guidance on many aspects of soil management.

• The ministry will continue to monitor use of the Best Management Practices in the stakeholder community, and encourages municipalities to continue to consider local solutions to address excess soil management issues.

• The ministry is also undertaking a review of the need for additional soil management policy that will build on the best management practices, what the ministry has heard to date, and ongoing engagement with the public, stakeholders and other ministries.

• The ministry will continue to work with associate ministries to explore additional opportunities for guidance to support implementation.

Thank You

Questions

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