O. Reg. 406/19, On-Site and Excess Soil Management

Presented by:Krista Barfoot, Ph.D., C.Chem., QPRADylan Hemmings, M.Sc.

O. Reg. 406/19, On-Site and Excess Soil Management Regulation

May 13, 2020

What Does it Mean?

Agenda1. Introduction2. Regulation Basics3. Timing4. Implications5. Challenges6. Case Studies & Digital Tools7. Q&A

IntroductionSection 1

Experience you can count on

Krista Barfoot Ph.D., C.Chem., QPRA

Principal, Environmental Services

Dylan Hemmings M.Sc.Vice President, Environmental Services

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Stantec has 300 environmental staff across Ontario to help support your needs – from strategic planning and sampling, to construction oversight.

Senior ResourcesTiana RobinsonJason Hudson

Grace FergusonSteve Desrocher

Jill Peters-DechmanJoel Van Popta

Paula SdaoFrancine Kelly-Hooper

Erika RyterChris Cushing

Regulation Basics -Intent

Section 2

Why do we have a new regulation?What Does It Do?

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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

Prevent improper placement/reuse of

soil

GoalsIntended Benefits

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Soil is a valuable resource

SECONDARY: Encourage and facilitate local reuse, thus decreasing greenhouse gas emissions

Reduce amount of excess soil disposed

of in landfills

Inhibit contamination of clean sites

Regulation Basics –Requirements

Section 2

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“Soil, or soil mixed with rock, that has been excavated as part of a project and removed from the project area for the project”

What is excess soil?

Project Area - a single property or adjoiningproperties on which the project is carried out

Project Leader - the person or persons who areultimately responsible for making decisionsrelating to the planning and implementation ofthe project

New StandardsDetermined by Proposed Reuse Site

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Shallow or Stratified Soil Sites

Potable vs Non-Potable, and

Proximity to Surface Water

Option to Use Beneficial Reuse Assessment Tool

(BRAT)

Soil quality (chemistry) focused and Volume Based

(Bulk, Leach)

Option to Develop Site-specific Risk-Based Standards

Special Condition Rules (salt-impacted,

blended, pH, sensitive sites, etc.)

Regulation establishes sampling and documentation requirements to confirm standards are met

Planning Requirements

Registration on Public Register

Registration and Tracking

Assessment of Past Uses

Identify volumes and quality of excess soil to be removed

Dates of movement and contingency measures

Soil Characterization Excess Soil Destination

Assessment Report

Tracking system for each load – from excavation to

final destination

Similar to Phase One ESA under O. Reg. 153

SWM ponds, agricultural soil movements, and RPI soils to non-agricultural

sites exempt

Sampling and Analysis Plan

Automatically triggered for higher risk sites

Mandatory sampling parameters

Minimum sample numbers based on volumes

Some relief from sampling requirements if > Table 3

Excess Soil Quality Standards

Soil Characterization Report tied to Schedule E

of O. Reg. 153Identify destination information

Describe any processing completed

Not required if soil is transported directly to

Class 1 Soil Management facility

In-situ vs ex-situ sampling (non-SWM pond)Se

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Volume (m3) In-Situ Samples

Ex-Situ Samples

Volume (m3) In-Situ Samples

Ex-Situ 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>1400 to 1550 8 14 >3700 to 3900 20 27>1550 to 1700 9 15 >3900 to 4100 21 28

SWM –Stormwater Management

Qualified Person (QP)

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• 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

Exemptions from Planning RequirementsRegulation still applicable

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Topsoil (as defined, with specific reuse requirements)

Emergency work (e.g.,

spill)

Soil from an infrastructure project

reused at another infrastructure project of the same owner

or a public body

<100m3

transported directly to

waste disposal site

<2,000 m3 in settlement area and

impacts not expected

Soil excavated to maintain infrastructure in a fit state of repair *includes public highways,

transit lines and railways, gas and oil pipelines, sewage collection systems and water distribution systems, stormwater management systems, electricity management systems, telecommunications lines and facilities, and associated right of ways

Special conditions

Volume-based

Select Infrastructure Projects*

Excludes SWM Ponds

Exemptions from Planning RequirementsInfrastructure

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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 sitethat is owned by the project leader or a public body and that is part ofan undertaking related to another infrastructure project.

Reuse site(s) would have to be identified and specified when contracting the work

Exemptions from Planning RequirementsGrandfathering

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Exemption to the Planning Requirements if the ProjectLeader has entered into a contract with another personwith respect to the management of excess soil fromthe project before January 1, 2021.

Exemption removed January 1, 2026

Soil StorageProject Area (on-site)Class 2 Site, Waste Transfer Site, Reuse Site (off-site)

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What about linear infrastructure projects?

• Prevent adverse effects (e.g., noise, dust, mud tracking, run-off/erosion, outdoor air impacts [odour], leaching)

• Stockpiles ≤ 2,500 m3

• Segregated by quality or Project Area (off-site)

• Setback ≥ 30 m from waterbodies• Setback ≥ 10 m from property lines

TransportationHaulers of Excess Soil

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• 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

What does this mean for contract specifications?• More formal record required after January 1, 2022

• Transport in vehicle that provides safe transfer without nuisance (i.e., no abrasion, corrosion; leakproof and covered, when needed)

Special requirements for liquid soil

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• 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

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• 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 about tunneling spoils?Is the regulation relevant?

• 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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• 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 about tunneling spoils?Is the regulation relevant?

• 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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ts What about SWM Pond Sediment?What are the requirements?

• Excess Soil Standards apply to reuse site

Planning Requirements Apply

Exempt from Planning Requirements

• Prescriptive sampling of dried, excavated sediment (specified parameters, frequency based on whether or not segregated by zone)

• Flexibility in approach for confirming quality, including use of in-situ sampling

• Site-specific instruments (e.g., municipal permit, Environmental Compliance Approval, etc.) can be sought to allow site-specific variations in quality for reuse sites

TimingSection 3

Reuse SitesJuly 1, 2020

“Planning” Requirements

January 1, 2022

Transportation RequirementsJuly 1, 2020

Excess Soil Quality

StandardsJuly 1, 2020

Assessment

Registration

Tracking

Characterization

Vehicle type and condition standards

Hauling Records

Verbal –Until January 1, 2022

Written/electronic –Starting January 1,

2022

Exempt from certain waste management

requirements

Identified Beneficial Reuse

Soil Storage and Processing

RequirementsJuly 1, 2020

Reuse Criteria (Generic, Site Specific)

Soil must be dry soil to be reused

Class 1 = Soil Bank or Soil Storage Site

Class 2 = Temporary Management Site

Owned/Operated by Public Body or Project Leader

Additional rules for reuse sites >10,000m3

January 1, 2022

Project Area

Requirements for Liquid Soils

Timeline Grandfathering Clause expires

January 1, 2026

Landfilling restriction January 1,

2025

Generic

Site Specific

Rules for specific soil types

Basic soil generation requirements – July 1, 2020

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• Understand soil quality (due diligence testing?)• Identify where to take it • Get consent to deposit the soil at the reuse site• Transport the soil to the site appropriately• Haulers must be able to provide “verbal” haul

records• Meet storage rules while on-site

APPLICABLE TO ONGOING WORK AFTER JULY 1, 2020,NO EXEMPTIONS!

ImplicationsSection 4

Take-awaysSe

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• Advance planning can facilitate cost-savings and risk management

• Understanding volume and quality of soil to be managed important to identifying strategic options

• Consider where exemptions can be applied to produce flexibility and cost-savings

• Contract language and specifications may need updating:‒ Note requirements of new regulation‒ If using exemptions based on reuse site‒ Given liability remains with Project Leader

Contract Language/SpecificationsSe

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DISPOSAL OF MATERIAL OFF-SITEA. Material designated to be removed from the site must be promptly removed.B. Make necessary arrangements for environmentally safe transportation and ultimate disposal in compliance with all

applicable Ministry Regulations and Guidelines at no cost to the Owner, unless noted otherwise.C.Carry out additional chemical analysis of site materials suspected to be contaminated and determine applicable

Ministry Regulations and Guidelines as may be required to determine the environmental quality of materials encountered and to determine suitable means for transportation and ultimate disposal. Notify Engineer of concerns and provide copy of test results. Load excavated material identified to be contaminated into required haulage trucks and dispose off site at an approved disposal sites. Pay for haulage and disposal fees for contaminated excavated material.

D.Contractor is encouraged to recycle materials where possible, instead of disposing of materials off-site at an approved disposal sites. Advise the Engineer of the recycling centres to be used. Follow all applicable local and provincial waste reduction guidelines.

E. Remove unwanted material, as classified by the Owner or Engineer, from the site and dispose of same at acceptable sites outside of the worksite.

F. Prior to the disposal of material offsite, submit to the Engineer for record purposes, a copy of the agreement(s) with the Owner(s) outside of the worksite, with such agreements to include: a release and indemnification of the Owner; who is responsible for the levelling and drainage grading of the site; and the quantity and quality of the material that may be disposed of at the site(s).

G.Removal of unwanted material, as designated by the Owner of the Engineer, from the site and dispose of same at the site(s) outside of the worksite in accordance with the agreement(s) submitted to the Engineer.


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Documentation, transportation, tracking requirements, including characterization

Record-keeping per Regulation; uploads to registry

Seek reuse options and get agreements in place


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Documentation, transportation, tracking requirements, including characterization

Record-keeping per Regulation; uploads to registry

Seek reuse options and get agreements in place

ChallengesSection 5

Challenges

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• During the design phase, cut/fill planning is constantly changing

• During construction /soil management phase, site configuration constantly changing

• Can be difficult to pinpoint soil data locations on active site using traditional methods

• Potential for over excavation • Grade changes

Case Studies & Digital Tools

Section 6

Case Study: Port Credit Redevelopment Project

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• Former refinery site ~ 75 acres • Over 2,000 boreholes and test pit

locations• Over 3,500 historical soil results • Project wanted to manage soil in

real time including new data

Solution-Collector for ArcGIS

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• Collector is the app to record field data and incorporate analytical results

• Map based system with editable forms• Forms are customizable and include

drop-down menus• Continuously updates • Attach photos of features• Can tie into survey equipment to improve

accuracy

Solution

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Solution

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Case Study: Port Credit Redevelopment Project: Soil <1 mbg

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Case Study: Port Credit Redevelopment Project: Soil 1-2 mbg

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Case Study: Port Credit Redevelopment Project: Soil 2-3 mbg

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Case Study: Port Credit Redevelopment Project: Soil >3 mbg

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Case Study: Toronto Port Lands

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• To mitigate flood risk associated with the Don River, a new naturalized river channel is being excavated.

• 1000 m of new river channel is being constructed

• Involves the excavation and management of over 1,000,000 cubic meters of excess soil

• Soil reuse is to be maximized to the extent practical

Case Study: Toronto Port Lands

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Case Study: Toronto Port Lands Soil Categorization

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• Soils were divided into eleven categories of potential reuse or disposal based on their environmental and geotechnical characteristics.

• Soils were divided into these categories by interpolating borehole data to create a 3D model.

• The 3D model is loaded into a machine control system in each excavator, which provides 3D coordinates and the category of soil being excavated.

Case Study: Toronto Port Lands Soil Tracking

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Case Study: Toronto Port Lands Unmanned Aerial Vehicles

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• Verification of soil volumes is difficult over large scales

• A high-resolution aerial survey is conducted monthly

• Photogrammetry is used to generate a digital model of ground surface elevations

• Changes in elevation from month-to-month are used to determine volumes and are compared to ground survey and truck tickets

Case Study: Toronto Port Lands High Resolution Aerial Survey

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Case Study: Toronto Port Lands Photogrammetry

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Case Study: Combined Sewage Storage Tunnel

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• Deep tunnel storage for combined sewer flow in downtown Ottawa

• Tunnels are 4.4 km and 1.6 km long, 3 m wide in shale and limestone

• Baseline assessments at staging areas/shafts to characterize soil

• Significant volume of tunnel spoils and drilling fluids

Case Study: Combined Sewage Storage Tunnel

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Approach Used To Consider under New Excess Soils Regulation

Specifications required contractor to develop Soil Management Plan

Project leader will be responsible to prepare Excess Soil Destination Assessment Report

Tunnel spoils (crushed rock) sold to another party for re-use in aggregate products

Still permissible since rock was broken down by mechanical means

Contractor responsible to manage drilling mud/fluids

No more than 10,000 m3 of liquid soil, processed or dewatered or solidified soil on-site

Other Scenarios

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Project Scenario Recommendation

Design is complete, tender awarded, construction to start this fall. New soil regulation is not referenced.

Since contract is awarded, grandfathered from planning requirements, but not testing, transportation and soil standards.

Specifications are complete, tender is out for bid.

Contact our Senior Resources. We’ll review specification. If required, issue an amendment.

My construction project is on-going. Does the project need to follow the new regulation?

Planning requirements are grandfathered, but after July 1, due diligence testing, transportation and soil standards must be followed.

Other ScenariosSe

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ools Project Scenario Recommendation

Stormwater pond sediment requires removal/management/disposal.

Contact Stantec. Based on characterization results, Francine Kelly-Hooper has success obtaining accelerated MECP approvals.

Your project site has received fill of unknown quality.

Contact Stantec. Our Senior Resources can help identify strategy to characterize and manage in accordance with regulations.

You want to know more about managing a Class-1 (soil bank or soil processing) or Class-2 (temporary) Soil Management Site.

Contact Stantec. Our Senior Resources can review site information and your objectives to provide recommendations to help you comply with regulations.

[email protected]@Stantec.com

Questions & Answers

Senior Resources

Krista BarfootDylan HemmingsTiana RobinsonJason Hudson

Grace FergusonSteve Desrocher

Jill Peters-DechmanJoel Van Popta

Paula SdaoFrancine Kelly-Hooper

Erika RyterChris Cushing

mailto:[email protected]

Documents

O. Reg. 406/19, On-Site and Excess Soil Management