Excess Soil Management in Ontario MEA AGM Thunder

Excess Soil Management in Ontario MEA AGM, Thunder Bay, Ont. Nov. 22, 2018 Al Durand Project Manager, SOii. L adurand 1590@rogers. com Supporting Ontario Infrastructure Investments & Lands

About RCCAO • Our Mission – To address major challenges related to infrastructure investment and renewal in Ontario – To offer solutions to governments and others with one voice • Our Research – 47 commissioned reports since 2006 – Visit rccao. com/research for access to reports discussed today and the full archive on multiple topics

Outline • Background • Raising Awareness • A little History on Inert Fill • Municipal Challenges and Opportunities • Current Developments in Ontario • What is SOii. L? • Where We Are – New Regulations • Actions to Take • What Stakeholders are Doing

Remember “Clean Fill Wanted” Signs? • Until 1990 s, this seemed like a good solution

Background • Environmental awareness, community concerns ► Property rights and legal liability • Media coverage escalated ► Mix of clean and contaminated soil ► Midnight dumping

Background • Municipalities responded with: ► Site alteration by-law tools ► Local permitting • Provincial powers limited to Environmental Protection Act ► Federal jurisdiction legal issues

A Little History on Inert Fill • Early 1990 s: No definition of clean fill ► No standards or protocols (Dutch A, B, C Criteria) • Industry under the Ontario EPA had legal and societal obligations ► Regulatory (waste) compliance and due diligence defence • Province and industry developed contaminated site guidelines (1994) • Provincial / industry effort on new provincial brownfield regulations ► NRTEE approach: different provincial solutions ► Ontario Brownfield Act (’ 04) and O. Reg. 153/04 – Soil Tables • Excess (clean soil) referenced as “inert fill” became Table 1 by default

Current Developments in Ontario • Excess construction soil disposal primarily to landfill or “other” sites ► “Dig & Dump” not environmentally sustainable in the long term • RCCAO hosted workshops, roundtables to seek solutions • In 2014, Ministry of the Environment, in conjunction with stakeholders released “Management of Excess Soil – A Guide for Best Management Practices” • The Minister of the Environment also accepted an EBR application for review in 2014 which resulted in a more detailed policy review

https: //www. ontario. ca/page/ managementexcess-soil-guidebest-management -practices

Current Developments in Ontario • Residential and Civil Construction Alliance of Ontario (RCCAO) developed construction industry “Best Management Practices” – beneficial reuse • Adoption of BMPs faltered because no implementation plan and minimal municipal outreach by the province • RCCAO developed electronic soil-matching website called SOii. L (Supporting Ontario Infrastructure Investments and Lands) • In 2016, Ministry released excess soil management framework with 21 action items

What is SOii. L? An Online Soil Database www. soiil. com provides a forum to facilitate the matching of excess construction soil from donor sites with those sites requiring soil Benefits include: – lower transport and disposal costs – preservation of landfill capacity – less truck traffic

Where We Are – New Regulations • Province has had 2 EBR postings with significant stakeholder input • Most recently, on April 16, 2018: EBR Posting 013 -2774: ► New regulation “harmonized” with waste and brownfield regulations ► Excess soil management plans (ESMP) requirements ► Beneficial reuse assessment tool (BRAT) – Risk-based approach • Industry continues to promote the adoption of BMP approaches: ► Special studies on excess soil management (OSPE, GTSWCA) ► Promotion of pilot testing – truck tracking (e. g. , Soil. Flo)

Raising Awareness • Local outreach – soil symposiums: next one on Nov. 28 th in Ajax, Ont. • Industry outreach and awareness (videos)

Benefits of Best Practices

Municipal Challenges and Opportunities • Provincial Long-Term Infrastructure Plan ► $190 billion / 13 years (could be amended by Ford gov’t) • Municipal and infrastructure projects generate annually over 40% of the estimated 26 million m 3 of construction soils In Ontario • Beneficial reuse of excess “clean” soils a multi-ministry challenge • Complex regulatory package – proposed Jan. 1, 2020 implementation

Actions to Take • Implement soil by-laws and permitting processes to support new regulatory changes • Focus on beneficial soil reuse • Create a soil bank for temporary storage • Prepare new registry and managing systems • Adopt new tender documents which encourage upfront planning and reuse

What Stakeholders are Doing • Renew consultation meetings with province (MECP) • Emphasize sustainable, beneficial reuse of excess soils ► Learn from practices in other jurisdictions (e. g. , CL: AIRE in U. K. ) ► Qualified Person training, certification, ESMP registration • Focus on outreach and BMP training (in the interim) • Continue special studies, truck tracking pilot testing (Soil. FLO)

A Contractor’s Words of Wisdom

Thank You! Questions? Contact Al Durand: adurand 1590@rogers. com