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Is the New Excess Soil Regulation Delayed?

Is the New Excess Soil Regulation Delayed?

(~2 min read)

In short, the answer is no.

Over the past few weeks, we have been hearing from both contractors and project owners that they believed regulations were delayed until 2022.

The confusion stems from O. Reg 406/19 going into effect January 2021 but the newly mandated tracking and testing beginning in 2022 (as per the original plan).

For clarity, O. Reg 406/19 follows a 3 phase rollout:

  • Phase 1 – January 2021 (Reuse rules and liability assignments)
  • Phase 2 – January 2022 (Tracking and testing requirements)
  • Phase 3 – January 2025 (Restrictions on landfilling soils)

What has then changed with Phase 1?

While it may not feel like it, there has been changes to liability assignments and soil characterizations.

The goal of soil characterizations is to allow more opportunities for soil reuse and less directed towards landfill.

In regards to liability assignment Рproject owners (municipalities and developers) are now on the hook. (I expanded on this in my previous article).

But I’m seeing tracking requirements in tenders today?

Even though tracking is not mandated by the MECP till 2022, we will likely see a quasi-approach in 2021 from municipalities and private developers.

From their point of view, it makes sense. If they are now on the hook for any improperly disposed soil – they might as well mandate tracking today to reduce their risk.

Today we have already seen Region of Waterloo, Peel and Peterborough write digital tracking system requirements into tenders.

Prepping for 2022

Project owners, contractors and qualified professionals have 10 months to evaluate different tracking solutions for earth moving sites. When evaluating, take precaution into who has access to your data, how this data is collected, and if it is being stored per the new regulation.

We highly recommend teams educate themselves on O. Reg 406/19 and trial a software that functions coherently with their operations. If integrated properly, teams should be able to eliminate the amount of paper work and manual processes currently happening on site.

In my next article we’ll tackle the the specific tracking information to be collected as per the regulation and how you will be required to report it

Till then,

Colton Vandenberk

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