Bringing excess soil to a reuse site

Introduction

Importing excess soil (also known as fill) to a reuse site is essential for the completion of many undertakings, including for use as backfill, raising the grade of land for a planned development or an infrastructure project, or rehabilitation of an aggregate extraction site.

On this page, you will learn how Ontario Regulation 406/19: On-site and Excess Soil Management (the regulation) relates to sites beneficially reusing excess soil in an undertaking, and understand:

• the rules for the appropriate reuse of excess soil, including appropriate soil quality, and ensuring excess soil deposited and reused at a site is not designated waste
• the responsibilities of a reuse site owner or operator and the responsibilities of the parties relocating excess soil to a reuse site, such as the project leader of a project area (source site) and a hauler of excess soil

This information will be of interest to:

• an owner or operator of a reuse site (a site with an undertaking that requires excess soil)
• a qualified person (QP) representing the owner or operator of a reuse site
• owners or operators of project areas (sites where excess soil is generated, often referred to as source sites), soil processing sites, soil banks or any other site where excess soil is stored before it is sent to a reuse site for final placement

Overview of regulatory requirements

Key requirements related to reuse sites:

• criteria for the reuse of excess soil must be followed to ensure it is not designated waste, including the requirement that excess soil will be reused for a beneficial purpose in an undertaking and that the quality and quantity of the excess soil are appropriate for that purpose
• some larger reuse sites, being those that are receiving 10,000 m³ or more of excess soil for an undertaking are required to  file a notice on the Excess Soil Registry and implement procedures for excess soil received; this does not apply to a reuse site that is part of an infrastructure undertaking

Please refer to the Handling excess soil page or the Excess soil resources page for additional information on regulatory requirements under the regulation.

Reusing excess soil at a reuse site

Criteria for excess soil reuse

The rules for the reuse of excess soil are found in sections 3.1 to 5.7 of the regulation, which also refer to other key sections of the regulation and both parts of the Rules for soil management and excess soil quality standards.

The regulation clarifies when excess soil is and is not designated as waste. Excess soil being reused at a reuse site is not designated as waste if all the following conditions are met:

1. The excess soil is directly transported to a reuse site from a project area, a Class 1 soil management site (including a residential development soil depot or a retail landscaping soil depot), a Class 2 soil management site,  a local waste transfer facility, or another reuse site.
2. The owner or operator of the reuse site has consented in writing to the deposit of excess soil at the reuse site, and, if the excess soil includes salt-impacted excess soil or asphalt-impacted excess soil, the consent expressly acknowledges acceptance of it. This agreement is with the project leader of a specific project area, or with the owner or operator of any other site (for example, a Class 1 soil management site) that is sending soil to the reuse site for reuse. Note: this written consent is not required if the owner or operator of the reuse site is the same as the project leader for the project area, or owner or operator of the Class 2 soil management site or local waste transfer facility, from which the excess soil is transported.
3. There is a beneficial use for that excess soil and the quality and quantity of excess soil being taken to that site are consistent with the beneficial use; if the excess soil will not be used for an identified beneficial purpose in connection with a specific undertaking, the deposit of the excess soil at the reuse site must be governed by a site-specific instrument.
4. The excess soil is dry soil and remains dry soil until it is finally placed at the reuse site, or, if it is liquid soil, a site-specific instrument authorizes the excess soil to be deposited at the reuse site.
5. Additional conditions relating to the period of time the excess soil is stored for before being finally placed and how the excess soil is finally placed.

Excess soil can also lose the waste designation, if it meets certain criteria outlined in sections 5.1 to 5.7 of the regulation, in the following general circumstances:

• where it is sold as a packaged or bulk landscaping or gardening product from a landscaping soil depot, and directly reused or provided to another person (for example, a retail operation) who sells it as a product without further processing
• when it is deposited at a landfill or dump for ancillary uses in accordance with the landfill’s approval
• when it is brought back to the project area where it was excavated from for on-site reuse
• where it is reused between related project areas that are part of the same single larger planned initiative with the same project leader, and that will be adjoining upon the completion of the initiative
• when it is being reused between similar types of infrastructure projects and undertakings by the same project leader or where the reuse site is owned or operated by a public body
• when excess soil that is part of recycled engineered aggregate is being reused for a beneficial purpose for which it was engineered

Appropriate excess soil quality and quantity

The reuse site owner or operator confirms the quality and quantity of excess soil necessary for the intended beneficial use as part of an undertaking at the reuse site. The applicable excess soil quality for a reuse site may be a generic excess soil quality standard, site-specific standard, or instrument-specified standard. A reuse site owner or operator also has the discretion to set more stringent standards than the regulation requires. As part of consenting to receive excess soil from a project area, the reuse site owner or operator should confirm the quality and any other relevant soil characteristics (such as geotechnical) of the soil they are agreeing to receive.

Under the regulation, the quality and quantity of excess soil that may be received and finally placed at the reuse site for a specific beneficial purpose is determined by a site-specific instrument containing rules related to soil management, or by the rules in the regulation.

1. Reuse sites governed by a site-specific instrument – the quality and/or quantity of excess soil appropriate for the beneficial purpose in an undertaking at that reuse site, and other performance and operational requirements, may be set by a site-specific instrument (such as a permit) and, if so, the rules specified by the site-specific instrument apply. Typically, for excess soil (or fill) quality, this would be a specific table of standards referenced in the instrument. If the instrument is not specific, such as generically referring to ministry requirements or “inert fill”, then going forward these relate to the applicable generic tables for the reuse site under the regulation. In relation to excess soil quantity, the site-specific instrument may include a volume of excess soil that may be deposited for a particular undertaking, or it may include other information that informs the applicable quantity, such as the area for placement of fill and the fill elevation to be achieved. If the site-specific instrument is silent on excess soil quality, soil quantity, maximum time after which the excess soil must be finally placed,  or any requirements for final placement,  then the rules in the regulation apply, including the applicable standards and rules in the Rules for Soil Management and Excess Soil Quality Standards.
2. Reuse sites not governed by a site-specific instrument – if an applicable instrument does not exist or address excess soil quality or quantity, then the rules set out in section 5 of the regulation must be met. This includes ensuring the excess soil meets the applicable excess soil quality standards for that reuse site as set out in Part II the Excess Soil Quality Standards. These standards, in part, depend on the type of property use at the reuse site (such as agricultural, residential, etc.). Section 5 of the regulation also requires ensuring that no more excess soil is brought to the reuse site than is necessary for the beneficial purpose. Depending on site characteristics, there may also be specific rules that apply to the final placement of the excess soil at that reuse site, as set out in Section D of Part I: Rules for Soil Management. Leachate analysis may also be a required part of meeting the excess soil quality standards, for certain parameters. More information on leachate analysis is provided under the “Additional information” section below.

Part II: Excess Soil Quality Standards sets out the excess soil quality standards tables. There are 17 different tables that may be applicable based on the characteristics of the reuse site and how the excess soil is being used. Some of these tables must be used in certain circumstances (such as for environmentally sensitive sites), and some, although not required to be used, may be more appropriate for the reuse site in certain circumstances.

The characteristics that determine which tables are applicable to a reuse site are:

• the volume of excess soil needed for a beneficial use in an undertaking
• whether the groundwater in the area is used for potable purposes
• whether the reuse site has shallow soils
• whether the soil will be finally placed near a waterbody
• the depth at which the soil will be placed below the surface of the ground
• whether there are conditions at the sites that are not consistent with assumptions used to derive excess soil quality standards

The excess soil quality standards tables provided are the following:

The regulation also permits the development of site-specific standards through the use of the ministry’s Beneficial Reuse Assessment Tool (BRAT) or through the preparation of a risk assessment (RA). These are an alternative to relying on the generic Excess Soil Quality Standards and must be developed by a qualified person (QP).

When developing a site-specific standard using an RA it is required that that site-specific standards and any associated risk management measures or site use characteristics be specified in an applicable site-specific instrument. When developing a site-specific standard using the BRAT, the requirement for a site-specific instrument only applies if site use characteristics are being used (and this does not apply to an infrastructure project using the BRAT). When using the BRAT, the QP must provide the following to the ministry’s local district office:

• a declaration attesting to the accuracy of the information and assumptions provided to use the BRAT
• the output worksheet generated when using the BRAT

It is also important to remember that if excess soil is to be placed close to certain features on the reuse site, such as a drinking water well or a surface water body, or if the excess soil will be used for growing crops, the application of more conservative soil quality standards may apply at the reuse site, as set out in the Rules for Soil Management and Excess Soil Quality Standards. Specific sites may also have other considerations, such as drinking water source protection, that may affect standards or other aspects of soil management set out in a site-specific instrument.

It is also important to remember that if excess soil is to be placed close to certain features on the reuse site, such as a drinking water well or a surface water body, or if the excess soil will be used for growing crops, the application of more conservative soil quality standards may apply at the reuse site.

If excess soil of inappropriate quality or quantity is deposited for final placement at a reuse site, this means that the soil is waste and will be governed under Part V of the Environmental Protection Act. This provides the ministry with the authority to require any person who has caused, permitted or arranged for the unlawful deposit of the waste to remove it and properly dispose of it.

Storing excess soil on the reuse site

Excess soil can be stored or stockpiled at a reuse site for up to two years after it is received for final placement at the reuse site. This period can be extended for an additional five years with written permission from a Director of the ministry. This restriction helps ensure reuse sites can store excess soil in anticipation of it being needed in an undertaking, but not indefinitely. To contact a Director with regard to extensions, contact the ministry’s district office closest to the reuse site.

Where the excess soil is to be used at a reuse site for an infrastructure undertaking , the time limit for storing excess soil at the site is not limited to two years, but is the time required to complete the undertaking. The two-year restriction also does not apply to undertakings at sites governed by a site-specific instrument if the instrument sets out a period of time within which the excess soil must be placed.

Excess soil at reuse sites must be stored in accordance with the storage rules provided in Section C of Part I: Rules for Soil Management and Excess Soil Quality Standards (for example, soil must not be stored within 30 metres of waterbody). A site-specific instrument regulating the management of excess soil at a site may set alternate soil storage rules.

Requirements for larger reuse sites

Section 19 of the regulation requires that, if a reuse site will be receiving more than 10,000m³ of excess soil for final placement in an undertaking, before any excess soil is received at a reuse site, the owner or operator of the reuse site will be required to undertake the following steps:

1. File a notice in the Registry.
2. Establish procedures to account for every load of excess soil being deposited at the reuse site.

These requirements do not apply to reuse sites that are part of an infrastructure undertaking.

Filing a notice

For undertakings that receive more than 10,000m³ of excess soil, the owner or operator of the reuse site must file a notice in the online, public registry developed and implemented by the Resource Productivity and Recovery Authority (RPRA). RPRAs website will contains information on how to file a notice in the Registry.

This notice provides public transparency and assists with the ministry’s compliance activities. It also enables others such as project leaders that generate excess soil, to be aware of larger, longer-term reuse sites to enable matching and reuse of excess soil from project areas. The notice must include prescribed information such as:

• a description of the reuse site
• the undertaking at that site
• the amount and quality of excess soil needed
• other key information on the site’s operation

Within 30 days of the final load of excess soil being received, the notice on the Registry must be updated with information such as the total amount of excess soil received and the date the final load was received.

Procedures for depositing excess soil

Larger reuse sites must put in place procedures to account for every load of excess soil being deposited at the reuse site for final placement and to ensure that the storage of excess soil does not cause any adverse effects.

The procedures are intended to help ensure that excess soil received is appropriate for the beneficial use and will not become waste. The procedures should include:

• identification of the site where the excess soil is coming from
• collection of relevant reports related to the excess soil (for example soil characterization reports, hauling records)
• inspection procedures to assess the excess soil as it is received (such as, visual signs of contamination, litter, etc.)

Hauling Records

Before any soil is transported from a site where the excess soil was loaded for transportation, the owner or operator of the site must:

• ensure that a hauling record has been created and it is in the possession of the hauler
• confirm that the information set out in the record is accurate
• ensure that the site to which the excess soil is moving is appropriate

Information such as the location of the site at which the excess soil was loaded for transportation, the quantity of excess soil in the load and the location of the site at which the excess soil is to be deposited must be included in the hauling record.

Information must be added after the excess soil arrives at the reuse site with input from the reuse site, including:

• the date and time the load of excess soil was deposited
• the contact information (name, phone number) for the individual at the reuse site who acknowledges that the excess soil has been deposited on the specified date and time
• a declaration by the individual at the reuse site, stating that they acknowledge the deposit of the excess soil 

Read about excess soil transportation to learn more about hauling records.

Record keeping at reuse sites

Reuse site owners and operators are required to keep copies of most documents created or acquired under this regulation for seven years after the date that the document or record was created or acquired. This would include:

• the written consent provided to receive excess soil from project areas
• any contracts related to the management and transportation of excess soil
• copies of site-specific instruments (if used) applicable to excess soil management or reuse at the reuse site

An exception is the record retention requirements for hauling records, which are to be kept for two years.

Best management practices

Involvement of qualified persons at reuse sites

The owner/operator of a reuse site should consider retaining the services of a QP or another fill management expert to help ensure fill management planning meets requirements and best practices. The experts can assess the current site conditions of the soil and ground water at the reuse site and also confirm the appropriate quality of excess soil to be received, giving thought to the reuse site conditions and future use of the property. They can also develop required procedures for receiving excess soil at a reuse site and can develop complete fill management plans. This is particularly advisable for reuse sites receiving larger amounts of excess soil or sites receiving excess soil from many different project areas (source sites).

Reuse sites are only required to hire a QP under certain circumstances. If the Beneficial Reuse Assessment Tool or a risk assessment is to be used to create site-specific standards for the reuse site, a QP is required that has expertise in risk assessment. If a record of site condition (RSC) may be filed for the reuse site, a qualified person must be a professional geoscientist or professional engineer with appropriate knowledge and experience.

Site specific instruments (permits or approvals)

Reuse site owners and operators should proactively undertake the due diligence necessary to determine what site-specific instruments, such as a municipal fill permit, may be required for an undertaking and before excess soil may be placed on their lands. These instruments may include requirements related to the location, depth, quality and/or quantity of excess soil appropriate for the proposed beneficial purpose and undertaking on the reuse site.

Fill management plans

The owner or operator of a large reuse site should consider preparing a fill management plan. This recommendation is consistent with guidance in the 2014 document Management of Excess Soil - A Guide for Best Management Practices. A fill management plan assesses site conditions, determines appropriate fill quality for the site, and details fill management procedures for the planned undertaking. A QP or another similar expert could be hired to complete and implement such a plan. Such plans may be required through municipal by-laws.

The fill management plan may be a useful tool to integrate all regulatory requirements, including those from the regulation. It may also include:

• copies of any documentation regarding municipal or conservation authority licenses/permits, or any other site-specific instruments that may be relevant
• identification of appropriate quality and types of excess soil to be received at the reuse site (be specific so there is no ambiguity, and consider local factors such as drinking water source protection plans)
• site plans and grading plans showing site information, including:
  • existing and proposed grades
  • portions of the site containing natural heritage, natural hazard and landform conservation areas, and vegetation protection zones to be left undisturbed
  • approved placement locations
  • depths and cross-sectional information for the excess soil to be received at the reuse site
• dust, odour, noise and invasive species (plant and animal) control measures
• site security measures, such as clear signage at the site
• specification of routes that the municipality indicates should be used for hauling
• protocol for incoming excess soil specifying:
  • that incoming loads of excess soil have documentation that includes appropriate and representative soil assessments and analysis confirming the soil quality is acceptable for the reuse site
  • that visual and olfactory inspections will be conducted on all incoming loads to screen for odour, visible staining or debris
  • contingency measures for load rejections
  • a record keeping system to create and store written documentation to track each incoming load of excess soil
• stormwater management plans
• ground water monitoring plans
• erosion and run-off controls
• audit sampling protocols (designed by a QP) sufficient to produce results that would be representative of the volume of excess soil that is being received
• soil placement/segregation protocol sufficient to identify where excess soil from each project area has been placed at the reuse site, such that it can be assessed if required

Requesting sampling analysis and confirmatory sampling of soil received

The regulation requires certain larger and riskier project areas generating excess soil to retain a QP to assess the excess soil and in some cases to prepare a sampling and analysis plan and soil characterization report. Although this requirement will not apply to all project areas, sampling may also have been completed for due diligence purposes. To ensure excess soil is of appropriate quality for the reuse site, reuse site operators may want to request assessments of past uses or sampling results from a project area before receiving soil or before giving written consent to receive excess soil. In the case of sampling not being mandated by the regulation, sampling to the extent of the regulation may not be necessary and a QPs professional opinion should guide appropriate sampling at a project area.

Reuse sites, especially larger reuse sites, should also consider undertaking auditing/confirmatory sampling of excess soil being received. Auditing may be reduced if excess soil is confirmed to have been received from locations with little or no likelihood of contamination.

Interacting with project area owners, their QPs and soil haulers

For the regulation to be efficiently implemented such that various parties can meet requirements and realize benefits, information exchange between some parties is necessary. This applies to reuse site owners and operators in several ways.

• project leaders from project areas need written confirmation from reuse sites confirming that they agree to take excess soil from that project area. This helps to ensure that a reuse site operator only receives the amount and type of excess soil they intended to receive. This is also a clear way for a reuse site operator to communicate or confirm the quality of excess soil that is applicable to the reuse site
• reuse sites may want to receive excess soil assessment information from the project leader for the project area to help confirm the soil quality they may receive and that they are willing to accept excess soil from a particular project area
• unless an exemption under the regulation applies (for example, less than 5 m³ of excess soil is required for an undertaking at a reuse site), all haulers of excess soil will be required to carry an excess soil hauling record for all movements of excess soil, including liquid soil, and a copy must be given to the owner or operator of the reuse site.

Engaging communities

Local landowners, community groups, Indigenous communities and others may have concerns regarding excess soil management. It is recommended that the owners/operators of reuse sites for larger sites, sites handling riskier excess soil and sites where the activities will be occurring over a longer period of time, assess early in the planning process potential anticipated concerns by affected parties and to determine what engagement might be helpful. Where applicable, this could be done in conjunction with communication activities required for a site-specific instrument or other approvals that the reuse sites may need, such as those required for the purpose of zoning or permitting under municipal by-laws.

Additional information

Determining beneficial reuse of excess soil

Generally, a beneficial reuse of excess soil is the use of excess soil in an undertaking that requires additional soil in order to complete that undertaking. Disposal or stockpiling of excess soil is not a beneficial reuse. The regulation gives a list of beneficial purposes, but it is not exhaustive and other beneficial reuses can be identified either through a site-specific instrument or by a reuse site owner. Examples include:

• backfilling an excavation or to assist in the rehabilitation of the reuse site
• achieving a certain grade at the reuse site necessary for planned development, a planned infrastructure project, or landscaping
• creating berms on roadways, stormwater management ponds, and for other purposes such as visual screening or providing a sound barrier

Note that certain activities may require other approvals or permits in order to be carried out, such as permissions under the Planning Act or a municipal site alteration permit. Nothing in the regulation replaces the need for other approvals that may be required for an intended undertaking. In the absence of necessary approvals, the use of excess soil at the site may not be considered to be for a beneficial purpose and may be designated waste.

Difference between reuse sites and landfills or Class 1 soil management sites

Landfill sites and Class 1 soil management sites are waste disposal sites. These sites generally require waste-related Environmental Compliance Approvals (ECAs), the conditions of which must allow for deposit or other use, if any, of excess soil in order for the excess soil to be deposited and managed at the sites.

Disposal of excess soil at a landfill is not considered beneficial reuse under this regulation, and excess soil deposited at a Class 1 soil management site is not intended to stay there permanently. Excess soil that is deposited at a landfill or dump for other uses that support the operation of the site (such as construction of roads or berms) in accordance with the site’s ECA would not be designated as waste.

Reuse sites are not a waste disposal site, have a beneficial reuse for excess soil as part of an undertaking, and generally do not require waste ECAs. Landfills, dumps, and Class 1 soil management sites are not reuse sites.

Another key consideration is that as of January 1, 2027, based on a restriction in section 22 of the regulation, excess soil shall not be deposited at a landfill site or dump if that excess soil meets Table 2.1 (full depth potable) of the generic excess soil quality standards for residential, parkland or institutional uses.

This restriction does not apply if the excess soil will be used for daily cover, final cover, the construction of roads or berms or to support any other type of ancillary use that supports the operation of the landfilling site or dump. Other exemptions may apply based on a declaration by a qualified person. This restriction will not apply to Class 1 soil management sites.   

Regulatory requirements for owners and operators of small reuse sites

Small reuse sites are generally those receiving less than 10,000 m³ of excess soil. The regulation has certain requirements that apply to larger reuse sites accepting 10,000 m³ of excess soil or greater, such as registering the reuse site and implementing procedures accounting for loads of excess soil received.

General soil reuse rules including criteria to determine whether soil is designated a waste, however, apply to all reuse sites, including smaller reuse sites.  Small reuse sites need to, when receiving excess soil for reuse:

• only receive excess soil for a beneficial purpose
• consent in writing to receive excess soil from a project area
• be satisfied that the excess soil received is of appropriate quality for the beneficial purpose and that the amount of excess soil received aligns with the beneficial purpose
• only receive dry soil unless a site-specific instrument authorizes receipt of liquid soil
• follow soil storage rules before excess soil is finally placed
• follow any relevant final placement rules for the soil, depending on the type of site or soil
• retain copies of all records generated in the excess soil movement and management activities undertaken for a period of seven years, with the exception of the hauling records which should be retained for two years

The regulation does not affect the need for other approvals or permits that may be required by a municipality, conservation authority or other public body.

Knowing what standards apply to a site

A variety of standards tables and rules may apply to a reuse site. It is recommended that larger or more complicated reuse site operators retain the services of a QP to confirm the excess soil reuse standards that apply. A simplified approach may be to use the more conservative standards tables in the Part II: Excess Soil Quality Standards document. Table 2.1 is the default generic risk-based standards table for an infinite volume of excess soil which can be used for most sites by using the tables that relate to the appropriate land use.

Some types of sites have special rules and may require use of Table 1 standards from Part II: Excess Soil Quality Standards. Table 1 is the most stringent table of standards representing typical background levels and applies to environmentally sensitive sites, such as:

• in or near wetlands and significant woodlands
• areas with significant habitat of a threatened or endangered species
• locations where the soil will be used for growing crops or pasture

Consultation with local municipalities and the applicable conservation authority, if any, will also support a determination of what local requirements may apply to a reuse site including matters such as natural heritage protection, natural hazards, landform conservation, stormwater management, sediment and erosion control and other operational requirements that may be set out in municipal by-laws, site-specific instruments, or policies.

Excess soil designated as waste at a reuse site

Excess soil sent to a reuse site that does not meet the regulatory criteria would be designated as waste until such time as the criteria are met. If the regulation is not followed, excess soil will be designated as a waste and appropriate actions can be taken, such as the ministry issuing an order to require removal of waste soil from a reuse site.

Reusing salt-impacted excess soil

The regulation includes excess soil quality standards for salt-related parameters (for example, standards for electrical conductivity or sodium adsorption ratio). Salt-impacted excess soil is excess soil that exceeds the excess soil quality standards for these parameters solely due to the application of a substance for the safety of vehicular or pedestrian traffic under conditions of snow or ice or both, to the surface of all or part of a project area from which the excess soil was excavated (for example, road salt).

Salt-impacted excess soil may still be finally placed at a reuse site and is deemed to meet the quality standards for the specific parameters, as long as it is:

• being reused at a location where salt is expected to be applied in the future, such as roadways and sidewalks
• being reused at an industrial or commercial property
• being reused at residential, parkland, institutional or community use properties if:
  • buried at least 1.5 m below the surface
  • placed in accordance with a landscape plan prepared by specified experts for the reuse site that identifies areas without vegetation or vegetation that may be able to grow in salt-impacted excess soil
  • in accordance with a policy prepared by a public body governing the placement of salt-impacted excess soil in vegetated areas at their properties
• restricted to being placed at least 1.5 m below the surface at agricultural or other use properties, unless being reused in unvegetated areas to achieve the grade for a specified built use (for example, fill for a barn, building or road)

Certain restrictions for final placement also apply, such as ensuring required setbacks from water bodies and wells, and not placing it in areas at would be used for growing crops or pasturing unless it is 1.5 m below the surface.

These placement rules also apply for the purposes of sections 5.5 and 5.7 with respect to the criteria around the final placement of excess soil.

When accepting salt-impacted soil, for the purposes of section 3.1 and removing the waste designation, reuse site owners or operators must acknowledge they are accepting this type of soil when providing written consent to the site they are receiving excess soil from. The hauling record that is provided to the reuse site owner or operator is also required to indicate whether the load includes salt-impacted excess soil.

It is also necessary for reuse sites to judge whether the reuse of salt-impacted excess soil is appropriate at their sites as not all considerations may be factored into the above rules. For example, drinking water source protection plans may identify water-quality issues where a contaminant is present at a level of concern or showing an upward trend. An Issue Contributing Area (ICA) is an area of land or water where activities could contribute to those water-quality issues. For example, sodium from road salt may be identified as a drinking water threat within these ICAs. It may be a best practice to consider whether salt-impacted excess soil is appropriate to place within these locations or not. To find where these ICAs may exist, please refer to the Source Protection Information Atlas .

Reusing asphalt-impacted soil

Asphalt-impacted excess soil is excess soil that exceeds the excess soil quality standards for petroleum hydrocarbons (PHC) F3 and F4 and any polycyclic aromatic hydrocarbons (PAHs), solely because of the discharge of a contaminant from asphalt. This could include excess soil that is part of recycled engineered aggregate and sediment from stormwater management ponds, as this material often contains elevated levels of PHCs and PAHs due to presence of asphalt particles or proximity to asphalt roads.

Asphalt-impacted excess soil may still be reused at a reuse site and is deemed to meet the quality standards for PHC F3, F4, and PAHs subject to certain criteria and placement rules. It must first be confirmed that the exceedances are solely due to the presence of asphalt, by determining that no other potentially contaminating activities have impacted the project area where the excess soil was excavated from that could contribute to the concentrations of these parameters, and having a written document that sets out this determination, rationale, and consideration of any available information. The excess soil must also have no other visual or olfactory signs of contamination that is not related to asphalt, salt, or naturally occurring elevations as determined per the Soil Rules document.

Placement rules must also be followed, where the asphalt-impacted excess soil:

• may be reused beneficially in any area at a reuse site that will be covered by asphalt pavement, such as a road or parking area, and any associated road shoulder that is not covered by asphalt pavement
• if it is sediment from a stormwater management pond, may also be placed anywhere in a road right of way adjacent to an asphalt road, including in landscaping and medians within or beside a road
• must not be placed in:
  • an area associated with an asphalt path that is part of a site used for parkland or agricultural or other use
  • an area within a ditch, municipal drain or other area designed to convey water unless it is conveyed to a municipal sanitary sewer.

These placement rules also apply for the purposes of sections 5.5 and 5.7 with respect to the criteria around the final placement of excess soil.

Reusing soil with naturally occurring elevations

Excess soil may have elevated concentrations of certain parameters that are naturally occurring in some areas of the province (for example, higher deposits of certain metals such as zinc or vanadium due to the geology of the region and not due to any anthropogenic activities). While Table 1 of the regulation provides generic background values for the whole province, these may not fully account for natural variability found within different parts of the province. The regulation provides some flexibility in reusing soil with naturally occurring elevations of parameters in the following ways:

Use of local background concentration assessed at a reuse site

If the natural local background concentration of a parameter at a specific reuse site is determined in accordance with the following, excess soil with concentrations of that parameter that do not exceed that local background concentration determined for the reuse site is deemed to meet the excess soil quality standards for that parameter:

• A QP has demonstrated that the excess soil contains a parameter that is naturally occurring at the reuse site at a concentration in exceedance of the applicable excess soil quality standards, and does not exceed the naturally occurring range of concentrations typically found in soil within the area of the reuse site based on multiple lines of evidence.
• If the reuse site is impacted by contamination, a nearby reference site that represents the natural conditions of the reuse site must be used to demonstrate that the parameter naturally exceeds standards for a specific parameter. 
• Documented evidence of the naturally occurring parameter concentration at the reuse site or reference site, and natural concentration range of the parameter in the area, is provided to the reuse site and retained by the QP and project leader.

Naturally occurring elevations in recycled engineered aggregate and excess soil (does not require assessment at a reuse site)

In some situations, excess soil or excavated engineered aggregate may be excavated from areas known to have naturally occurring elevations of certain parameters. In this case, the excess soil or excavated engineered aggregate is deemed to meet the excess soil quality standards for that parameter if the following conditions are met:

• A written record has been prepared by a QP that: determines, based on multiple lines of publicly available evidence, that the project area where the excess soil was excavated is within an area known to have naturally elevated concentrations for specified parameter(s); specifies the range of naturally occurring concentrations of the specified parameter(s); includes a list of the publicly available evidence the QP relied upon for this opinion.
• One of the following is satisfied:
  • Past reports and information about the project area have been reviewed to determine the project area has not been impacted by a potentially contaminating activity that may have contributed to the concentration of the specified parameter(s), with a written document setting out this determination, rationale and consideration of available information.
  • If excess soil was sampled, the concentration of the specified parameter(s) are within the range of naturally occurring concentrations in the area as documented by the QP above.
• There are no other visual or olfactory signs of contamination that is not related to asphalt, salt, or naturally occurring elevations as determined per the Soil Rules document.
• The excess soil or recycled engineered aggregate is finally placed at a reuse site for an infrastructure undertaking.

Note that in contrast to the rules above around local background concentrations at reuse sites, these rules do not involve assessing the naturally occurring concentrations of parameters at the reuse site. Instead, these rules focus on the project area from which the excess soil or excavated engineered aggregate was excavated and require assessing whether the elevated concentrations of parameters in the excess soil or aggregate can be attributed to naturally occurring conditions at the excavation project area.

These rules also apply for the purposes of sections 5.5 and 5.7 with respect to the criteria around the final placement of excess soil.

Leachate Analysis

In some situations and for specific parameters, leachate analysis is required to determine if the excess soil quality standards have been met. It helps to assess whether excess soil placed at a reuse site could result in unacceptable impacts to groundwater, which may then migrate to drinking water wells, under buildings or to surface water bodies.

In general, leachate analysis is required if all the following three conditions are met:

• a chemical in the excess soil is identified as a contaminant of potential concern (COPC)
• the chemical has a superscript “a” following the excess soil quality standard in the applicable soil quality standards table, and
• the analysis of the chemical is not being conducted simply because it is required as part of the mandatory list of parameters for petroleum hydrocarbons and metals or hydride-forming metals, when a sampling and analysis plan is required under section 12 of the regulation.  
  • Note that the only exception is for samples from stormwater management ponds, for which leachate analysis is required for any metal or hydride-forming metal that has a superscript “a”.

Despite the above, leachate analysis may not be required in the following instances:

• If Table 1 or one of the small volume excess soil quality tables (Tables 2-9) are being applied to a volume of soil that is equal to 350 m³ or less.
• If the above three conditions are met, but the bulk soil analysis result is less than the Table 1 standard, and the standard is based on background and not analytical reporting (denoted by the superscript “RL” next to the standard).

For greater certainty, if any one of the three conditions listed above does not apply, or if one of the exemptions applies, then leachate analysis is not required as part of meeting the excess soil quality standards. If leachate analysis is conducted but is not a required part of meeting the excess soil quality standards, the analysis results would not be required to be considered when assessing compliance with the excess soil quality standards.

There are additional considerations for conducting leachate analysis, including how it must be conducted when a mandatory sampling and analysis plan is required, which can be found under Part I and Part II of the Rules for Soil Management and Excess Soil Quality Standards.