Post on 04-Nov-2021
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
6
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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Basic
s -In
tent
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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Basic
s -In
tent
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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Basic
s –Re
quire
men
ts
“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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Basic
s –Re
quire
men
ts
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
ctio
n 2
Regu
latio
n Ba
sics –
Requ
irem
ents
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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Basic
s –Re
quire
men
ts
• 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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ion
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gula
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Basic
s –Re
quire
men
ts
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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Basic
s –Re
quire
men
ts
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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Basic
s –Re
quire
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ts
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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Basic
s –Re
quire
men
ts
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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Basic
s –Re
quire
men
ts
• 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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Basic
s –Re
quire
men
ts
• 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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ion
2 Re
gula
tion
Basic
s –Re
quire
men
ts
• 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
Sect
ion
2 Re
gula
tion
Basic
s –Re
quire
men
ts
• 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
Sect
ion
2 Re
gula
tion
Basic
s –Re
quire
men
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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ion
3 Tim
ing
• 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
ctio
n 4
Impl
icat
ions
• 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
ctio
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Impl
icat
ions
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.
Contract Language/SpecificationsSe
ctio
n 4
Impl
icat
ions
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.
Documentation, transportation, tracking requirements, including characterization
Record-keeping per Regulation; uploads to registry
Seek reuse options and get agreements in place
Contract Language/SpecificationsSe
ctio
n 4
Impl
icat
ions
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.
Documentation, transportation, tracking requirements, including characterization
Record-keeping per Regulation; uploads to registry
Seek reuse options and get agreements in place
ChallengesSection 5
Challenges
Sect
ion
5 C
halle
nges
• 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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6 C
ase
Stud
ies &
Dig
ital T
ools
• 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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6 C
ase
Stud
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& D
igita
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ls
• 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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ase
Stud
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& D
igita
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Solution
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Stud
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& D
igita
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Case Study: Port Credit Redevelopment Project: Soil <1 mbg
Sect
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6 C
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Stud
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& D
igita
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Case Study: Port Credit Redevelopment Project: Soil 1-2 mbg
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Stud
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& D
igita
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Case Study: Port Credit Redevelopment Project: Soil 2-3 mbg
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ase
Stud
ies
& D
igita
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Case Study: Port Credit Redevelopment Project: Soil >3 mbg
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6 C
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Stud
ies
& D
igita
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Case Study: Toronto Port Lands
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6 C
ase
Stud
ies
& D
igita
l Too
ls
• 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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6 C
ase
Stud
ies
& D
igita
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Case Study: Toronto Port Lands Soil Categorization
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6 C
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Stud
ies
& D
igita
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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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6 C
ase
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& D
igita
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Case Study: Toronto Port Lands Unmanned Aerial Vehicles
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6 C
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Stud
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& D
igita
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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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6 C
ase
Stud
ies
& D
igita
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Case Study: Toronto Port Lands Photogrammetry
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6 C
ase
Stud
ies
& D
igita
l Too
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Case Study: Combined Sewage Storage Tunnel
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ion
6 C
ase
Stud
ies
& D
igita
l Too
ls
• 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
Sect
ion
6 C
ase
Stud
ies
& D
igita
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ls
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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ase
Stud
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& D
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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
ctio
n 6
Cas
e St
udie
s &
Dig
ital T
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.
Krista.Barfoot@stantec.comDylan.Hemmings@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