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DRAFT – For Discussion Purposes Only

Residential and Civil Construction Alliance of Ontario

Best Management Practices for Handling Excess Construction Soils in Ontario

DRAFT 1 - June 27, 2012

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Table of Contents

Table of Contents ……………………………………………………………………..2 Appendix ……………………………………………………………………………...3 Forward by RCCAO ………………………………………………………………….4 Acknowledgements …………………………………………………………………...5

1.0 Introduction………………………………………………………..6 1.1 Purpose………………………………………………………..6 1.2 Intended Parties……………………………………………….7 1.3 Scope………………………………………………………….8 1.4 Context………………………………………………………..9 2.0 Principles for the use of Materials as Non-Waste………………...10 2.1 Factor 1 – Human Health/Environment………………………11 2.2 Factor 2 – Suitability for Use no Treatment………………….11 2.3 Factor 3 – Certainty of Use or Reuse…………………………11 2.4 Factor 4 – Quantity of Material ……………………………...12 2.5 Demonstrating the Four Factors………………………………12 3.0 Demonstrating Excess Construction Soils is not a Waste………...12 3.1 Two Routes – Site Remediation or Development…………….13 3.2 Materials Management Plan - MMP………………………….13 3.2.1 MMP Tracking System ………………………………….14 3.2.2 Verification Plan – VP …………………………………...15 3.2.3 Amendments to MMP ……………………………………15 3.3 The Role of Qualified Person ………………………………….16 3.3.1 The Qualified Person ……………………………………..16 3.3.2 The Process ……………………………………………….17 3.3.3 Submission of the Declaration ………………………….…17 3.3.4 Qualified Person Engagement …………………………….18 3.4 Verification Report – VR ………………………………………18 3.5 Role of the Regulator …………………………………………..19 3.5.1 Liaison …………………………………………………….19 3.5.2 Auditing by Local Regulatory Agency ……………….…..20 4.0 Other Regulatory Issues ……………………………………………20 4.1 Storage on Site of Origin ………………………………………20 4.2 On-site Disposal Operations ……………………………….…..20 4.3 Groundwater Protection ………………………………………..20

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Appendix 1 – Flow Chart #1- Use on Site of Origin ………………………..21 Appendix 2 – Flow Chart #2 - Use of Clean Soil Direct Transfer ……….22

Appendix 3 - Flow Chart #3 - Soil Recycling Centres ………………….24 Appendix 4 – Qualified Person Declaration ………………………………25 Appendix 5 – Materials Management Plan ………………………………28 Appendix 6 – Qualified Person Requirements ……………………………38 Appendix 7 – Emergency Projects (to be developed)……………………. Appendix 8 – Example Schematics (to be developed)…………………….

Table 1- Scenarios and Material Types …………………………………………39

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Foreword by RCCAO

The Residential and Civil Construction Alliance of Ontario (RCCAO) has identified the complex issue of dealing with excess construction soils and materials as a major challenge in dealing with new developments and infrastructure renewal projects in Ontario. Continuing uncertainties with regard to applicable regulations and practices have resulted in confusion that either inhibits construction projects proceeding in a normal manner or results in large volumes of excess construction soils unnecessarily being disposed of at landfills by default. The unnecessary disposal of “clean” excess construction soils represents not only the incurring of additional project costs at the expense of real infrastructure capital investment, it also removes limited and dwindling landfill capacity in Ontario. Beyond these financial considerations, in environmental terms, the disposal of excess construction soils is not a sustainable practice in consideration of truck related health, safety and green house gas emission concerns. This current over reliance on “dig and dump” practices also inhibits the adoption of risk-based approaches and development of new technology applications for the clean up and beneficial reuse of excess construction soil at infrastructure and brownfield properties. RCCAO continues to work with government and industry stakeholders to address, on a sustainable basis the proper handling of excess construction soils. This draft Best Management Practice (BMP) is part of that process.

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Acknowledgements The basis of this BMP document was the escalating concerns in Ontario with respect to the handling of excess “clean” construction soils in Ontario. Over the years various stakeholder groups dealing with this issue have been working with the different levels of government on appropriate and effective solutions to this concern. As government policy and regulations evolve in this area Ontario Ministry of Environment (MOE) in consultation with brownfield group stakeholders has developed an interim draft “Soil Management – A Guide for Best Management Practices (April 19, 2012). The Ontario MOE BMP is primarily focused on brownfield sites involving Records of Site (RSC) requirements. It was recognized by the Ontario MOE that there were “gaps” to be filled particularly related to “clean” excess construction soil handling from smaller, non-RSC residential, municipal and commercial construction projects. This draft Best Management Practice for Excess Construction Soils is intended to fill that gap. Additionally this BMP model approach focuses on beneficial reuse of excavated soils, as non-waste, both at the site of origin for reuse and for appropriate reuse at other locations and sites including Soil Recycling Centres (SRC) as they are brought on stream in Ontario. This BMP was developed based on stakeholder consultation * and an ongoing jurisdictional review of regulations and best practices in other provinces and countries. This BMP draws heavily from the approach and practices developed in the United Kingdom by an organization called Contaminated Land: Applications in Real Environments (CL:AIRE). This organization recently developed in 2011 the Definition of Waste: Development Industry Code of Practice. This BMP document includes the principles that through a voluntary process excavated soils and materials can be responsibly categorized at source as a non-waste and handled in a responsible manner for beneficial reuse either on site of origin or transferred and beneficially reused at other approved locations. Particular acknowledgement is made to the industry and government representatives that participated on the RCCAO Excess Construction Soils Best Management Steering Committee (listing)

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DRAFT – FOR DISCUSSION PURPOSES ONLY

Residential and Civil Construction Alliance of Ontario

Best Management Practices for Handling Excess Construction Soils

(Version 1)

1.0 Introduction

The Residential and Civil Construction Alliance of Ontario (RCCAO) supports the sustainable and beneficial reuse of excess construction soils in Ontario. Construction projects and infrastructure renewal activities represent a significant portion of employment creation as well as capital and operating expenditure dollars in Ontario’s economy. This is at a time when economic conditions dictate that this spending be conducted in such a manner that infrastructure projects be completed in a cost effective manner to maximize benefits. The optimized handling of excess soils from construction related projects represents an opportunity to direct efforts and dollars away from soil disposal and into actual project infrastructure. The excess construction soils from development and infrastructure renewal projects present the opportunity for developing a beneficial reuse alternative to simply excavating and disposing of at an offsite location. Typically off site disposal at a landfill site has been the approved option in consideration of regulatory and legal liability considerations. While being the approach of least resistance and expedient time-wise, it can be costly in terms of sustainability. Land filling excess construction soils as a waste product is patently wrong. As a valuable and limited resource material, it goes against the accepted principles of reduce, reuse and recycle of materials. Disposal of excess construction soils over the longer term in landfills is not a sustainable environmental approach. The limited and dwindling number of landfills is being filled with soil to the exclusion of real waste. 1.1 Purpose 1.1 This Best Management Practice (BMP) serves the following purposes:

• Establishes best practices for the construction industry when assessing on a project or site specific basis whether excavated excess materials at generating location are classified as a waste material or can beneficially reused onsite or offsite based on future land use.

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• Provides an effective process to beneficially reuse excess soils from construction sites and projects that are not under an Ontario Record of Site Condition (RSC) requirements.

• It describes an auditable system to demonstrate that this BMP has been adhered to 1.2 It is the responsibility of the holder of the excess construction material to determine if

material is a non-waste. This BMP allows holder to come to that view and to demonstrate same with regard to current regulations. The person commissioning the excavation work is responsible for complying with this BMP. This is based on self-regulation and professional integrity of those involved on the project team.

1.3The regulatory body involved will take into account this BMP is not dealing with waste material as excess soils are being beneficially reused as part of the receiving locations approved end use.

1.4 This BMP has three basic steps: • Ensuring that a proper Materials Management Plan (MMP) is in place covering

the use of excess materials on a specific site • Ensuring that the MMP is based on an appropriate risk assessment/evaluation

supported by a remediation strategy or an approved designd plan • Ensuring that excess materials are used as set out in MMP and subsequently

demonstrated in a Verification Report 1.5 A Qualified Person (QP) must review relevant documents and provide a declaration to any involved regulatory agency that materials will be dealt with in accordance with the MMP and confirming that material is not a waste. 1.6 In order to prove that materials have been reused or treated in an acceptable manner in accordance with the MMP and risk evaluation assessment a Verification Report (VR) must be prepared at the conclusion of the project and if requested provided the authority having jurisdiction 1.7 If excavated excess construction materials are used or relocated with out following this BMP the regulatory authority having jurisdiction may deem the excavated materials a waste subject to regulatory requirements 1.2 Intended Parties 1.8 This BMP is directly applicable to individuals who commission earthwork operations, their appointed engineers, contractors including civil and remediation contractors, those involved in haulage of excess materials, operators of receiving sites and authorities having jurisdiction in excess soil matters. All parties have a role to play if a site is being developed under this BMP. It will be of particular interest to landowners and developers.

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1.3 Scope 1.9 This BMP is a voluntary excess constructions soils managing system intended to ensure that excess construction soils are beneficially reused both on and off site based on future intended land use by demonstrating that the excess construction material involved is not a waste material 1.10 This BMP relates to the following excavated excess construction materials which include the following ;

• Soil, both top soil and sub-soil, parent material and underlying geology • Ground based infrastructure that is capable of reuse within earthwork • Projects including concrete footings, floors, road base material • Made ground • Source segregated aggregate material from demolition activities e.g.

crushed brick and concrete to be reused on generating site within earthworks projects or as sub-base or drainage material

• Stockpiled excavated materials included in above 1.11 The following materials are outside of the scope of this BMP :

• Specific Excavated infrastructure materials including pipe work and storage tanks

• General construction wastes e.g. drywall, glass , wood, metal etc • Demolition wastes not included in paragraph 1.10 above

1.12 This BMP applies to both uncontaminated and contaminated material from anthropogenic and natural sources excavated

• For use on the site from which it has been excavated, either with or without treatment or after on-sit treatment as part of redevelopment of generating or site of origin • For use directly with out treatment at another development site subject to meeting direct transfer requirements • For use in the development of land other then the generating site which material has

been excavated from, following treatment at an authorized • Soil Recycling Centre (SRC) or soil treatment centre • Combination thereof • Reference Table 1 – Material Types and BMP Approach

1.13 This BMP relates to the issue of whether or not excess construction materials should be classified as a waste. Complying with the requirements of this BMP means the material is not a waste. If the material is deemed a waste it must be handled and disposed of in compliance with approved local and provincial regulatory requirements 1.14 This BMP “land development” includes both green site development work, redevelopment, infrastructure renewal, site remediation and reuse of excavated materials from municipal right of ways and properties

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1.16 Appendix 1 BMP applied to generating or Site of Origin 1.17 Appendix 2 BMP applied to Direct Transfer and Reuse of excess construction soils and materials between one site and another 1.18 Appendix 3 BMP applied to Soil Recycling Centres (to be developed in future) 1.19 The following land development situations are not specifically addressed by this BMP:

• Any form of pre-treatment prior to land filling • Unexcavated waste materials subject to in-situ treatment • Specific testing strategies • Construction or remediation methods

1.4 Context 1.20 This BMP builds upon O.Reg 153/04 and other regulatory guidance documents. It is intended to support the cost effective, sustainable and beneficial reuse of excess construction soils and materials from construction projects in Ontario where a Record of Site Condition (RSC) does not apply. This would include smaller commercial and residential construction projects and municipal infrastructure projects. 1.21 This BMP provides the following sustainability based benefits for both the construction industry, the development industry , local municipalities and communities involved in dealing with excess construction soils Environmental Benefits:

• Minimizes waste volumes • Beneficially recovers and reuses materials previously deemed

to be waste • Preserves valuable land fill capacity for true waste disposal needs • Reduces natural resource consumption i.e. quarried materials, fuel • Reduced vehicle emissions, Green House Gases (GHG) and the carbon footprint of the development process • Environmental pollution and harm to human health is prevented

Social Benefits: • Returns brownfield lands back to beneficial use • Preserves greenfield lands • Removes blight issues due to redevelopment reuse of excess excavated

construction soils and materials

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• Improving community life on developed lands • Reduced truck vehicle movements (congestion, air quality, disturbance)

Economic Benefits: • Lower development costs • Lower excess construction soils transport costs by reuse on site or • Reuse at another closer development site or Soil Recycling Centre (RSC) • Reduced need and costs for importation of other virgin materials • Working under an industry Best Management Practice (BMP) develops

industry expertise and efficiency opportunities as part of a Continuous Improvement (CI) approach • Working under a BMP for smaller construction projects would be less expensive financially and time wise then applying a regulatory permitting process focused on waste material methodologies • BMP provides a clear, consistent, systematic and more certain approach aligned with documentation associated with the property development process and site remediation strategies • Use of a MMP quickly compiles information by a QP based on the actual

development plan • BMP is less complex then being tied to waste focused legislation • Should lower regulatory involvement and associated costs • Provides a clear due diligence defence

1.22 The application of this BMP and the sustainable principles involved will become an indicator of a company or organization’s commitment to sustainable development. This BMP will further support recognition within an organization’s Corporate Social Responsibility policies and performance reporting 2.0 Principles for the use of Materials as Non-Waste

2.1 The primary principle in the determination whether excess construction soil or material is a waste is the protection of human health and the environment

2.2 There is no single factor that can be used to determine if excess construction soil is a waste or when it ceases to be a waste. For excavated materials used on sites undergoing development, the following factors are of relevance.

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2.1 Factor 1 – Protection of human health and environment

2.3 The overriding principle in all situations is that excavated excess construction soils and materials must be assessed and found to not cause harm to human health or the environment given the final proposed future use of excavated excess soil and material.

2.2 Factor 2 – Suitability for use with out further treatment

2.4 Suitability for use means that excavated excess construction soils and material must be suitable for its future intended purpose. Both chemical and geotechnical properties have to be demonstrated to be suitable and relevant specifications for future use met. This includes consideration of the effect that excess material may have on the environment where it is to be reused. Demonstrating suitable biological considerations i.e. presence of invasive species or noxious weeds as well as effects of any radioactivity should be considered. Measures should be taken to ensure that there is no adverse effect Or risk to water, air, other soils, plants, animals or humans. 2.5 Excavated excess construction soils may be assessed as being

suitable for direct reuse i.e. engineered backfill beneath cover layers, capping layers, site regarding. berming, landscaping

2.6 Other excavated materials may not have required characteristics for reuse with out first being treated. These excess construction materials may require further biological, chemical, physical or combination of these treatments and will need to be carried out under an appropriate, regulatory approved program prior to reuse

2.7 Some excavated excess construction soils and materials not requiring treatment may be regarded or compacted and reused as part of development of site or project and the material is regarded as a non-waste

2.3 Factor 3 : Certainty of Use or Reuse

2.8 The holder of excavated excess construction soils and materials must be able to demonstrate with certainty that excavated material will be reused with a plan and pre-defined destination particularly in the matter of stock piling 2.9 During site development work surplus excess construction soils that are generated that can not be used either directly or after treatment on site i.e. excess construction soils or material may not conform to required specifications following treatment may

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have to be treated as a waste product in compliance with local regulatory requirements. 2.10 In the event of unexpected arising on a development site occur that were not identified during site investigation work or are out of specification materials and not suitable for reuse will need to be disposed of properly in accordance with local regulatory requirements

2.4 Factor 4 – Quantity of Material

2.11 Excess construction soils and materials should only be used in the quantities necessary for that use

2.5 Demonstrating the Four Factors

2.12 The production of a Materials Management Plan (MMP) will ensure that the above four factors are considered and that a correct determination of the beneficial reuse of excess construction soils and materials is made for development 2.13 If the MMP and provided supporting evidence does not

Demonstrate that all four factors have been considered and Adequately addressed then the Qualified Person should not Sign required Declaration 3.0 Demonstrating that Excess Construction Soil is not a Waste

3.1 The Materials Management Plan (MMP) sets out the objectives

related to the reuse of excess construction soils and materials. The MMP should accompany an appropriate Remediation Strategy (RS) or Remediation Plan or Project Development Design Statement (DS) that is derived from an appropriate risk evaluation or assessment. The MMP provides information to demonstrate all four factors in Section 2 have been met and includes a tracking system and contingency plans. Use of an MPP template is recommended

3.2 A Verification Plan (VP) is part of the MMP. Upon completion of these documents a Qualified Person is required to sign a Declaration. Once the development or project is completed in accordance with the MPP a Verification Report must be completed that demonstrates that the excess construction soils and materials were located in the correct place within the development or dealt with appropriately

3.3 Flow charts in Appendices 1,2 and 3 illustrate the process set out in this BMP in relation to the reuse of excess construction soils and materials at

generating Site/Site of Origin, Direct Transfer or Soil Recycling Centre.

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3.1 Two Routes – Site Remediation or Development

3.4 For potentially contaminated sites i.e. Brownfield redevelopment projects where contamination is present or suspected, this BMP is intended to be aligned with draft Ontario Ministry of Environment (MOE) Soil Management – Best Management Practices (April 19, 2012) and in compliance with Ontario Environmental Protection Act (EPA) XV1 , O.Reg. 153/04 Brownfield Regulations) and O.Reg. 347 (Waste Act) when dealing with present or suspected contamination. For impacted properties the BMP for excess construction soils is a risk based approach and based on the principle of creating no adverse impact.

3.5 Where contamination is not present or suspected, there typically is no published regulatory framework for Development of a project dealing with excess soils or materials. Accordingly this BMP can be used in conjunction with the following development related activities. Completion of a desktop study, appropriate site investigation (phase 1 or Phase 2 Environmental Site Assessment (ESA) based on Canadian Standards Association (CSA) protocols) in conformance with local regulatory requirements. A Design Statement should be used to document MMP and subsequently a Verification Report detail excess construction materials use(s).

3.2 Materials Management Plan (MMP)

3.6 A MMP must be produced that documents how excess construction Soils and materials are to be dealt with. The MPP must be followed through out the execution of the project

3.7 The MMP must be produced prior to excavation work commencing Unless an emergency situation (i.e. repairs to public infrastructure, unsafe facilities) is involved. See Appendices Emergency Projects In summary the MMP provides the following information:

• Details of parties involved with implementation of MMP • A description of the excess materials in terms of potential reuses and

relative quantities involved by categories (see Table 1)) • The specification for use of materials against which proposed materials

will be assessed based on n appropriate risk evaluation, risk assessment at the place excess materials will be used

• Details of where and if appropriate how excess materials will be stored • Details of the intended final destination and reuse of excess soils and

materials • Details of how excess construction soils and materials are to be tracked • Contingency arrangements that must be put in place • prior to movement of excess construction soils and materials

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• Verification Plan outline

3.8 All excess construction soils and materials within the ground and to be excavated should be categorized according to (Box A)

3.9 To aid in better characterization, excess construction soils and materials may be stock piled on Site of Origin and further tested prior to making a further informed decision on where excess materials should be moved. This further refinement should be part of decision process and detailed within the MMP. Prior to excavation a MPP must be in place categorizing excess construction soils and materials based on (Box A)

3.10 Quantities of excess construction soils to be used will depend on development. Projects should not use more excess construction soils and materials then is necessary. Inclusion of engineering drawings defining existing and final grade levels with cross sections within MMP should demonstrate what quantity is needed. For whole site developments, mass balance calculations referenced to the final grade levels compared with pre-existing contours at start of development should be detailed in MPP.

3.11 For large sites and developments that may take several years to develop a phased approach may be appropriate with each phase having a separate MMP. This is to recognize responsibility for materials to be reused might change over time. The four factors can be properly demonstrated at a particular time with each MMP.

3.2.1 MMP Tracking System

3.12 All excess construction soils and materials subject to excavation, Disposal, treatment and/or reuse must be tracked through out process and evidence generated to provide an auditable trail. For materials identified as “waste materials” this is accomplished through the waste management regulatory process involving waste material manifesting, use of appropriately licensed waste haulers and regulatory permitted waste receiving sites.

3.13 The tracking system that is used for tracking the movement and Beneficial reuse of excess construction soils and materials both onsite and offsite must include the following:

• Annotated plans of site(s) identifying different excavation areas referenced to any available site investigation data as appropriate, planned stockpile locations, treatment areas (if applicable) and placement locations

• Inspection procedures: - Visual and olfactory;

- Field tests (as appropriate); and - Laboratory confirmation (as appropriate)

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• The name of the non-waste hauler or registered waste carrier

Involved (may be same person) • Excess soils and materials tracking form including running tally

capability • Movement through any authorized treatment facility or soil

Recycling facility (SRC) will have to be tracked either by designated stock pile(s) or combined with other materials to Ensure accountability

• Treatment results if applicable • Truck Delivery tickets for excess constructions soils moving from one

site to another site: - Drivers name and vehicle registration - Quantity (running tally for each receiving site or sub area) - Destination (receiving site and /or sub area )

• Acceptance procedures for excess construction soils and materials include:

- Visual and olfactory - Field testing (as appropriate) - Laboratory confirmation (as appropriate) - Signed delivery tickets (including instructions where to off load as

appropriate) - Record of where excess excavated construction soils and materials

were placed 3.14 Examples of schematics for excavated materials and destinations

are shown under Appendices 7 -Example Schematics

3.2.2 Verification Plan

3.15 A Verification Plan (VP) has to be set out in the MMP. The Verification Plan must identify how the placement of excess construction soils and materials is to be recorded and the quantity of material to be used. It should contain a statement on how the reuse of excavated materials relates to the remediation plan or design objectives.

3.2.3 Amendments to MMP

3.16 It is recognized that in some cases it may not be possible to complete the works in accordance with original MMP i.e. treated material may be out of

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specification for planned reuse or different volumes of material are needed in certain parts of the Source Site. In this event:

Any deviations from the original MMP must be recorded in the document control section of the MPP as an addendum to the MMP and;

Any such changes must be subsequently detailed in the Verification Report

3.3 The Role of Qualified Person

3.17 A Qualified Person (QP) must review the evidence related to the proposed uses of excess construction soils and materials on a specific site and if satisfied, sign a Declaration (Appendix 4). A copy of the Declaration must be provided to the person commissioning the excavation work and any required regulatory bodies as identified.

3.18 The Declaration is notification to required regulatory authorities that The site is to be developed using the excavation of excess construction soils and materials BMP. A copy goes to the person commissioning the QP and serves as a reminder that the MPP must be followed and that a Verification Report must be completed. It will form part of the audit trail on the completion of the project.

3.19 The status and role of the Qualified Person under this BMP have Been developed having regard to the following criteria as set out by the RCCAO Excess Construction Soils Industry Steering Committee involved with the development of this excess construction soils BMP in consultation with industry and regulatory authorities:

The actions of the Qualified Person must provide confidence to the regulatory authorities involved that best professional practices are to be followed at development projects and sites using the BMP and that there is an effective audit trail relating to what is planned: Responsibilities and possible liability associated with the development project should be no different to prior to adoption of the BMP and; In employing a Qualified Person for the development project there should not be the need for required work to be paid for twice by the client

3.3.1 The Qualified Person

3.20 In order to act in the capacity of a Qualified Person an individual must posses certain attributes and be recognized in the Province of Ontario as a Qualified Person . Requirements for an individual to act as a QP are contained in (Appendix 6)

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3.21 It is the responsibility of the person or entity employing the Qualified Person to check and confirm that these requirements are met by the individual concerned.

3.22 The Qualified Person is review various documents but is not expected to be an expert in all of the disciplines involved and associated with a development project carried out under a BMP i.e. waste legislation, human health risk assessment, all remediation technologies, remediation design and implementation. The Qualified Person must be suitably experienced to be able to carry out the review of specified documents and be confident in signing the Declaration.

3.23 The responsibility of the Qualified Person is limited to review of the documentation detailed in the Declaration. A high standard of professionalism and integrity is fundamental to requirements of this BMP. It is the duty and responsibility of the person(s) carrying out and commissioning the excess soils excavation work to act in a responsible manner in compliance with required regulations

3.3.2 The Process

3.24 A check list of what needs to be done by the Qualified Person is To be followed (to be developed)

3.25 The Qualified Person does not need to: Re-work or audit risk assessments; Physically inspect sites or perform field checks Audit or agree to a Remediation Strategy or Design Statement Produce, review or agree to a Verification Report. Note the

client may wish to appoint the Qualified Person to carry out such work given level of project familiarity. This type of an arrangement would be beneficial and is encouraged but is outside of the remit/scope of this BMP

• Enter into dialogue with regulators or planning authorities having jurisdiction

3.26 The role of the Qualified Person is deliberately limited to that set out in the BMP. If the Qualified Person was to come across any fundamental error in any documentation then it is expected that they would raise the issue with the person(s) commissioning them as a Qualified Person and would be done outside of the requirements of acting as a Qualified Person.

3.3.3 Submission of the Declaration

3.27 A Declaration must be completed and signed by the Qualified Person in the following circumstances:

Site of Origin Scenario – Prior to use

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Direct Transfer Scenario–Prior to dispatch for each receiving site Soil Recycling Centre Scenario – Prior to dispatch

3.28 The signed Declaration must be submitted to the local authority Having jurisdiction or as required

3.3.4 Qualified Person Engagement

3.29 The Qualified Person can be engaged by any party involved with the project progressed under the BMP. This can be the land owner, developer, main contractor, consultant or individuals working on the Site of Origin, Soil Recycling Centre or Receiving Site involved in the handling of excess construction soils and materials. The Independence of the Qualified Person relates to all sites involved. Reference (Appendix 6)

3.4 Verification Report

3.30 A Verification Report (VR) must be produced. This provides the necessary audit trail to show that excess construction soils and materials have gone to the correct destination. The Verification Report shows how

the reuse of excess materials links with the objectives of previously defined Remediation Strategy or Design Statement 3.31 The Verification Report must document any changes that may have been made to the MMP as formal alterations to the project 3.32 The following identifies what should be included within the Verification Report. Note items involved in a new development Design Statement may not have all requirements applicable and are marked with an asterisk *

Appropriate site plans Experience and qualifications of person preparing VR Description of project Description of how reuse of excess materials links with The Remediation Strategy or Design Statement Reference to site assessment/investigation data* Reference to risk assessments (including qualitative) Reference to the MMP and associated tracking system Including alterations and why • Suitable for use criteria • Soil treatment records* • Laboratory analysis supporting work* • Reference to excess soil transfer documentation including any returned loads but excluding Site of Origin only movements

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• Signed delivery tickets reference or attachment • Record of any contingency arrangements that had to be made • Record of quantity of materials used • Copies of signed Declaration(s) by Qualified Person(s)

3.5 Role of the Regulator 3.33 The aim of the BMP is to provide a consistent framework and documented audit trail for determining what excavated material is a “non-waste” within Ontario waste regulations 3.34 The intention is that the Qualified Person acting in accordance with the BMP will undertake the review of documents and provide necessary oversight that the handling of excavated excess soils are handled appropriately. This allows the local regulator to focus attention on other activities posing a greater threat to the environment and public at large 3.35 The regulator involved will acknowledge receipt of all Declarations received. It is the option of the local regulator to audit projects as required . The intention is not to duplicate the role of the Qualified Person. 3.5.1 Liaison

3.36 The intention is not to add additional steps or consultation with local regulators that was not required prior to adoption of the BMP 3.37 Compliance with this BMP does not remove need to liaise with local regulators regarding compliance with any other regulatory required legislation particularly where contamination is involved. This could include municipal, regional planning regime, Conservation Authorities or other involved regulatory bodies. 3.38 The Qualified Person should ensure that where source sites, based on risk evaluations or intrusive assessment data , have contaminated excess materials involved that the local regulators involved “take no exception” to remedial actions at the source site 3.39 It is incumbent that those commissioning the Qualified Person provide sufficient evidence that there is no suspicious contamination at a site or that appropriate consultation with local regulators has taken place if contamination is known to be present 3.40 With respect to use of Soil Recycling Centres, appropriate contractual and operating arrangements must be put in place and documented

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3.5.2 Auditing by Local Regulatory Agency

3.4.1 This BMP does not change the statutory powers or duties of the regulatory agency involved at the local or provincial level 3.4.2 On an as required spot basis, sites and projects following this BMP may be inspected by the local regulatory regime if a need is triggered by complaints, incident or alleged illegal activity. Random audit of selected sites/projects involved in BMP activities may be done to assess the effectiveness of the BMP process as a whole

4.0 Other Regulatory Issues

4.1 Storage on Site Of Origin or Production 4.1 Whenever it is determined that the use of excess construction soils and materials will occur in excess of one year from date of being stock- piled the person responsible for MMP will be required to agree with local authorities having jurisdiction on an acceptable length of storage time. Decision to be supported by appropriate controls. 4.2 On-Site Disposal Operations

4.2 Contaminated materials have to be contained and managed on site

to prevent further pollution or minimize any adverse effects and are to be treated as waste material through appropriate regulatory mechanisms

4.3 Groundwater Protection

4.3 The management of all non-waste and waste excavated excess construction soils and materials must be handled in compliance with all local regulatory requirements. The contamination of groundwater must be prevented and considered when planning MMP and suitability of the reuse of excavated excess construction soils End of Body BMP

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Appendix 1 : Use on Site of Origin

A1.1 The Site of Origin for the Purpose of this BMP is a single readily identifiable site. May include:

Area covered by specified planned development Design Statement (DS) Area covered by a single detailed Remediation Strategy (RS) Area covered by a single detailed Design Statement project i.e. pipeline route,

proposed roadway

A1.2 Where a number of parcels of land in close proximity to each other are assembled together as part of a larger subdivision plan these sites will have to be identified and agreed to as “Site of Origin” for planning and regulatory compliance purposes

A1.3 Decisions defining the Site of Origin should ensure that most sustainable and beneficial

reuse of excess soils can be made in terms of excess soil and material movement and reuse.

A1.4 Developments that extend across very large areas and containing a diverse range of source

materials making transport and reuse of excess soils and of materials unduly complex may best be addressed by Direct Transfer or transfer to a Soil Recycling Centre (RSC) ,Appendices 2 and 3, rather then attempt to define a single “SITE of Origin”.

A1.5 Excavated excess construction soils nay be used within the development subject to being

suitable for reuse or following on site treatment. The on site treatment must be carried out under a local regulatory approved licence, Certificate of Approval, permit or equivalent required approval.

A1.6 Excess construction soils and materials surplus to “Site of Origin” planned requirements

must go to either an approved land fill site or Soil Recycling Centre. If clean natural soil material it may be transferred directly to another development site which requires clean material subject to restrictions for Direct Transfer in Appendices 2.

A1.7 Situations where excess construction soils and materials are to be used on both the “Site of

Origin” and a Direct Transfer scenario the Material Management Plan (MMP) must reference the “Combination” scenario.

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Appendix 2 : Use of Clean Naturally Occurring Soil and Mineral Materials on Another Development Site (Direct Transfer) A2.1 Includes the Direct Transfer of clean* naturally occurring soils and mineral** material from one site to another development site for use involving no waste

related regulatory environmental permitting or waste licensing.

A2.2 Clean, naturally occurring soil and mineral materials includes: Soil, both top soil and sub-soil Parent material*** Clay, silt, sands and gravels Underlying geology Made ground composed of above materials only i.e. an embankment or berm that is

to be removed for reuse without any processing

A2.3 The materials must be sourced from: Greenfield development sites not subject to past contaminating industrial

type use**** Brownfield sites where natural soils have bee extensively characterized

and proven to be clean and not a waste

A2.4 Such materials must be capable of direct use with out the need for treatment consistent with sustainability principles, certainty and quantity per Chapter 2

A2.5 Direct Transfer provisions do not apply to manufactured soils i.e. soils created by mixing other wastes or non-soils, mineral based constituents and any waste materials defined by regulation

A2.6 In excavating, storing and stock piling excess construction soils on site prior to Direct

Transfer good engineering practices be followed to prevent ant adverse impacts Note * Clean in this BMP is defined as soil “devoid of anthropogenic contamin- ination to degree or level that is considered harmful to living organisms.” ** Regulatory provisions may be in place for materials that arise out of mineral extraction activities – refer to appropriate waste related regula- tions or mining , aggregate regulations *** Underlying rock **** For example chemical spillage, on-farm landfills, carcass burial pit

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A2.1 Clean Soils with elevated levels of naturally occurring substances A2.7 Where soils have naturally elevated concentrations of substances such as geologically

derived metals, metalloids, etc. that are widespread and typical of local ambient/background conditions they may be reused via Direct Transfer. Providing that the representative concentrations (both total and leachable) of such naturally occurring substances at the source site are comparable or below that of the receiving development site soils. This must be demonstrated via adequate site investigation at both Site of Origin and receiving site and appropriate risk assessment for reuse at receiving development site.

A2.8 The principle involved is that the reuse of excess construction soils and natural

materials must not increase the level of risk to the natural environment that already exists at receiving site of reuse.

A2.2 Lines of Evidence A2.9 The past use of the source “Site of Origin” in consideration of it’s potential for

contamination, must be established via desk top based research in conformance with accepted regulatory practices involving Phase 1 and Phase 2 Environmental Site Assessments (ESA’s) and risk evaluations and assessments as required. If there is no suspicion of contamination, then provided visual and olfactory inspection is carried out during excavation work as described in the Material Management Plan (MMP) then the excess construction soils and material can be reused subject to the tests of suitability, quantity and certainty being met.

A2.10 If source “Site Of Origin” is a brownfield site then the quality of the excess

construction soils and materials on the site must be established and characterized by an adequate Phase 1 and Phase 2 ESA investigation in compliance with regulatory requirements and standards. Refer O.Reg 153/04 as amended. Only if contamination can be reasonably discounted for the site as a whole, or clearly defined areas of the site, can those naturally occurring materials be considered for Direct Transfer.

A2.11 The Qualified Person (QP) is required to confirm that the above lines of evidence are

in place when making a Declaration relating to the Direct Transfer of excess soils and materials.

A2.12 Table A1 summarises the requirements relating to the source “Site of Origin” and

receiving site where Direct Transfer is to take place. A2.13 On a case-by-case basis, excavated excess construction soils and materials above the

requirements and criteria set out above may be reused under regulatory approval and permitting subject to a greater degree of regulatory scrutiny. Refer Appendix 3

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Appendix 3 : Soil Recycling Centres A3.1 Soil Recycling Centres (SRC) including Soil Depots and Soil Campus locations are a

relatively new approach in Ontario. They are designed and intended to facilitate the remediation and / or development of a number of sites that are located in relative close proximity. Typically SRC’s are permitted in accordance with local and provincial regulatory requirements as required and include some form of soil remediation or treatment facility and are of a temporary nature (5 years). SRC site are established to:

Facilitate the transfer and beneficial reuse of excavated constructions soils and materials between different sites where timing requires offsite stock piling of segregated materials

Facilitate to remediation of impacted soils and materials from brownfield site affected by contamination

Facilitate the transfer of excavated excess construction soils and materials which fall outside of the Direct Transfer scenario in Appendix 2.

A3.2. The establishment and operation of SRC facilities in Ontario is currently under development in terms of approval requirements. The utilization of SRC facilities for treatment of excess construction soils will be the subject of future Versions of the Best Management Practice

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Appendix 4 : Qualified Person Declaration

Site name(s) and Address(s):

Name and Address of Developer Name and Address of Qualified Person

Qualified Person Designation Reference Involved Local Authority – Name, Address, Lead Contact Name /Contact Number Regulatory Agency – Local Office, Lead Contact Name/Contact Number

This Declaration Relates To: (Tick)

1. Site of Origin Route A: Land contaminated or suspected of contamination Route B: Land not contaminated or suspected of contamination 2. Direct Transfer Route A: Direct use of clean naturally occurring soils with elevated levels of naturally occurring substances on another development site Route B: Direct use of clean naturally occurring soils on another site 3. Soil Recycling Centre Involves use of Soil Recycling Centre for Storage or Treatment 4. Combination Combination of above – Specify Below

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To: (Name of Person commissioning the Qualified Person) Declaration (Tick) I confirm that I satisfy the Qualified Person requirements set out in Appendix

5 of this Excess Construction Soils Best Management Practice Version 1

I have reviewed the following documents in relation to the development work to be carried out at the above referenced site: The Materials Management Plan (MMP) dated (insert date) and prepared by ( insert name of company and individual ) The risk evaluation/assessment dated (insert date) and prepared by ( insert name of company and individual ) The Remediation Strategy (RS) / Design Statement (DS) covering the above Site and prepared by (inset name of company and individual ) I have requested correspondence / documentation relating to the development and how that relates to the use of excess construction soils and materials from (insert name of person commissioning the Qualified Person ) The following correspondence / documentation relating to development and how that relates to the reuse of excess construction soils and materials

(a) Local Authority (list) (b) Required Regulatory Agency (list) (c) Other relevant environmental regulatory body (list)

The planning consent including planning conditions (reference or NA) Additional correspondence regarding development (list)

I confirm that: 1. The MMP contains all information required 2. The Risk assessment assesses human health and environmental risk in relation to the

proposed uses of excess soils and materials in the MMP 3. Local Authorities and relevant environmental regulatory bodies take no exception to

proposed development/remediation on the basis that the use of any excavated excess

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construction soils and materials is likely to cause harm to human health or cause an adverse impact to the natural environment

This Declaration has been made for the purposes of this Best Management Practices for Handling Excess Construction Soils in Ontario (Version 1) and will be submitted to required local and provincial regulatory bodies as required. You are advised that if excess construction soils and materials are not used in accordance with the MMP or risk assessment evaluation and excess soils and materials were not suitable for reuse or used in excessive amounts or such a manner as to harm human health or cause an adverse effect to the environment the local regulatory bodies involved may conclude that those excess construction soils and materials are deemed a waste material. Yu are also reminded that a Verification Report must be prepared upon completion of work as set out in the Remediation Strategy / Design Statement covering the site and that this Verification Report must be provided to the regulatory agency having jurisdiction upon request. Signed : _________________________ Name : _________________________ (Printed Capitals) Organization : ___________________________ Date : ___________________________ Declaration should be sent to: Local Regulatory Authority as required (email )

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Appendix 5: Materials Management Plan (MMP) The Material Management Plan (MMP) is completed when all lines of evidence have been compiled and reviewed in relation to suitability of excavated excess construction soils and material for designated reuse based on certainty of use and quantities required. The answers to the questions posed in the MMP together with supporting information constitute the MMP document and must be provided to the Qualified Person (QP). The Qualified Person (QP) may be consulted and comment on draft versions of the MMP but will not complete the Declaration until all relevant documents demonstrating lines of evidence have been provided for each site. The current recommended Materials Management Plan (MMP) document is an electronic downloadable form available at the RCCAO website http://www.rccao.com/ Each question must be answered. If the question is not applicable state this and provide a brief explanation. 1. Specify scenario to which this MMP relates as described in Excess Soils BMP

1.0 Reuse on the Site of Origin

2.0 Direct Transfer of clean naturally occurring soil and mineral materials 3.0 Soil Recycling Centre

4.0 Combination of any of above

For combination of reuse scenarios, please describe below (i.e. (i) Reuse on Site of Origin and Direct Transfer of clean naturally occurring unpolluted soils or (ii) Reuse on the Site of Origin with Direct Transfer of clean naturally occurring soils to X number of sites etc.).

Document Control Table – Date issued, Revision Date, Summary of revision and why D

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MMP prepared by 2. Name and company preparing MMP (full address and contact details)

Site Details 3. Site/Project name(s)

Landowners 4a. Name of Landowner(s) (full address and contact details – Where excavated soils and materials are sourced from:

4b. Name of Landowner(s) (full address and contact details) – Where excess soils and materials are to be reused: Summary and Objectives 5. Provide a brief description of the planned project and how excavated soils and materials are to be reused within receiving location: General Plans and Schematics

6. Attach a location plan for the site(s) and a plan of the site(s) which identifies where different excess soils and materials are to be excavated from, stockpile locations (if

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applicable, where materials are to be treated (if applicable) and where excess soils and materials are to be reused.

Plan References:

7. Attach a schematic of proposed materials movement. Where there is only one source area and one placement area briefly describe below. For all other projects a schematic is required. Schematic Reference:

Parties Involved and Consultation – if more then one party please provide additional details for them and identify the location that they will be working i.e. where a site is zoned

8a. Main earthworks contractor(s) (full address and contact details) – Where excavated excess soils and materials are arising from:

8b. Main earthworks contractor(s) (full address and contact details) – Where materials are to be reused:

9. Soil treatment contractor(s) (full address and contact details) – For treatment on Site of Origin or at a Soil Recycling Centre:

10. Where excess construction soils and materials including waste are to be transported Provide details of the transport contractor(s)/hauler(s) (full address and named Contact details and waste carrier registration/licensing details:

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11. For each site where excess soils and materials are excavated and where they are to be reused provide local regulatory authority contact details as required (full address and named contacts):

12a.For each site where materials are to be reused and for Soil Recycling Centre locations provide local regulatory authority contact details (full address and named contacts):

12b. Attach any relevant documentation from local regulatory authority relating to the excavation and reuse of the excess soils and materials to demonstrate no objection to the proposal (see 3.37 of BMP). If local regulatory authority has not been consulted explain why (see 3.39 of BMP) Local Regulatory authority references:

Lines of Evidence

There is no single factor that can be used to decide that a substance, object or material is waste, or when it is waste at what point it ceases to be waste. As complete picture as possible has to be created. Following sections require completion to ensure correct decision is made. If a requested item is not relevant it is important for you to clearly state why this is so (i.e. no planning permission required due to permitted status of work exists).

Suitable for use criteria 13. Please describe or provide copies of the required specification(s) for the

Excess soils and materials to be reused on each site. Reference:

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Where contamination is suspected or known to be present 14a. Please provide copies of relevant extracts from the risk assessment(s) that has been used to determine the specifications for use on the site. This must relate to place where materials are to be used. This must be in terms of (1) human health risk (2) adverse effect to surface and ground water and (3) any other relevant receptors. If risk assessment is not relevant for a particular receptor given the site setting please explain why. Reference: 14b. Please attach any relevant documentation from the local authority relating to the reuse of excess materials to demonstrate no objection (see 3.37 of BMP). Local authority references: If local authority has not been consulted please explain why (see 3.39 of BMP) 14c. Please attach any relevant documentation from the local regulatory authority relating to the excavation and reuse of excess soils and materials to demonstrate no objection (see 3.37 of BMP). Local regulatory references: If local regulatory authority has not been consulted please explain why (see 3.39 of BMP) 14d. Please attach any relevant documentation from any other regulatory body if relevant relating to the excavation and reuse of excess soils and materials to demonstrate no objection (see 3.37 of BMP) Other references: Where contamination is not suspected 15a. Please attach copies or relevant extracts from the Desk Top Study that demonstrates that there is no suspicion of contamination:

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15b. Please attach copies or relevant extracts from the site investigation/testing reports that adequately characterize the clean excess materials to be reused if appropriate: 15c. Please attach copies of any other relevant information (if available) confirming that land contamination is not an issue. References: Certainty of use Various lines of evidence need to be provided to demonstrate that the excess soils and Materials are certain to be reused. This includes:

The production of this BMP An appropriate planning permission or conditions that link with the

Reuse of the said excess soils and materials An agreed Remediation Strategy(ies) (RS) An agreed Design Statement(s) (DS) Details of contractual arrangements as required

Please identify in the following sections what lines of evidence relate to the site(s) Where the excess soils and materials are to be reused. 16a. Planning Permission(s) relating to the site where materials are to be reused. Please provide a copy of the relevant planning permission. Reference: 16b. Explain how the reuse of the excavated material fits with the planning permission(S) for each site: 16c. If planning permission is not required for any one site please explain why below

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i.e. permitted development, re-contouring, clean up of a chemical spill. Where contamination is suspected or is known to be present 17. Please provide a copy of any Remediation Strategy(ies) RS and if they have been agreed with relevant regulators. Reference: Where contamination is not suspected 18. Please provide a copy of ant Design Statement(s) DS that have been agreed to with local planning authority or in the case of permitted developments the client:

Quantity of Use

19. Please provide a break down of the excavated excess soils and materials for each site and how much will be transferred and placed at each site. Where this is not specific to a single readily identifiable source refer to an annotated plan, schematic or attach a tabulated summary. References: 20a. How was consolidation/compaction being considered in the above mass balance calculations?

20b. How has loss due to treatment being considered in the above mass balance calculations* (If applicable)?

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20c. How has the addition of treatment materials being considered in the above mass balance calculations* (if applicable)? *Note: An exact figure is not required but one that is reasonable in the circumstances and can be justified if challenged. Contingency arrangements Explain what is to happen in the following situations and identify the appropriate

clauses in the contract(s) that illustrate to the Qualified Person (summarized) 21a. What is to happen to, and who is to pay for out of specification materials? Contract reference:

21b. What is to happen to, and who is to pay for any excess materials beyond estimates? Contract reference:

21c. What happens if the project program slips in relation to excavated materials or any materials under going treatment? Contract reference:

21d. Other identified risk scenarios for the project relating to excavated excess materials? Contract reference:

The tracking system 22a. For all sites please describe the tracking system to be employed to monitor excavated

excess soils and materials movements.

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Where contamination is suspected or known to be present state the procedures put in place to accomplish the following: 22b. Prevent contaminates not suitable for the treatment process being accepted:

22c. Prevent cross contamination of materials not in need of treatment, any waste materials awaiting treatment and treated excess materials:

22d. Demonstrate that materials that do not require treatment and successfully treated materials reach their specific, intended final destination:

22e. Ensure that waste for offsite disposal or treatment is properly characterized and is delivered to the correct site or facility:

23. Please attach a copy of the tracking forms and control sheets that are to be used to Monitor excess soils and materials movements. Includes transfer of loads on site Into stockpiles prior to treatment (if applicable), stockpiled after treatment (if Applicable), stockpiled awaiting reuse (as appropriate) and final site placement. Reference:

For Soil Recycling Centres and where there is treatment before resuse

24. Please attach a copy of regulatory permits and/or approvals covering treatment Process involved. Permit /licence reference:

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Records 25 Where and in what form are records to be kept? Note: records i.e. transfer notes, delivery tickets, desk top study, Site Investigation, Risk Assessment(s), Verification Report(s) must be kept a minimum of two (2) years after the completion of the works and production of the final Verification Report. Verification Plan

25. Provide or explain the Verification Plan which sets out how you will record the Placement of excess construction soils and materials and prove that excavated Materials have been reused in the correct location and the correct quantities within The development works. Reference:

Note: to ensure that the excess construction soil BMP continues to be used and improved with support of all user parties it would be appreciated if you could advise the RCCAO, on a voluntary basis, of environmental benefits accrued or suggested up- grades to this BMP.

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Appendix 6 – Qualified Person Requirements Note: In the Province of Ontario under 0.Reg 153/04 as amended, work conducted on impacted brownfield sites involving a Record of Site Condition (RSC) requires the engagement of a Qualified Professional (QP). There are regulatory stipulations that define the requirements for a Qualified Professional in Ontario driven by concerns in dealing with contaminated or impacted materials. A fundamental premise of this draft excess construction soils Best Management Practices is the categorization of excavated excess construction soils as a non-waste and not subject to current waste regulations or O.Reg 153/04 requirements if no RESC is involved. The final definition and requirements of a Qualified Person (QP) for the purposes of conducting work under this draft excess construction soils BMP will be finalized and agreed upon as part of the proposed piloting process and further engagement with appropriate regulatory agencies and professional associations in the Province of Ontario. It is recognized that in Ontario there are companies and professionals involved in excavation related infrastructure projects that conduct the excavation, movement and disposal of excess soils in compliance with current practices and regulations. These individuals would constitute an appropriate group for further consultation and development of appropriate requirements for Qualified Persons involved in executing soil movement activities aligned with this draft excess construction soils BMP. As set out in this draft BMP for an individual to act in the capacity of a Qualified Person they must possess the following general attributes and requirements that will be formalized as part of planned piloting, further consultation and development. Current requirement areas are as follows: Corporate authority – Qualified Person authorized to sign on behalf of their company in this area. Professional standing – Qualified Person must have recognition in a professional organization or body that defines activity areas and has the capacity to sanction and provide oversight on conduct. Relevant qualifications – Qualified Person to have relevant academic qualifications in relevant area. Listing to be developed. Experience – Qualified Person should have minimum five (5) years relevant experience Independence – Qualified Person can not be directly involved in the management or execution of the project prior to submission of the Declaration. Training – Qualified Person must obtain understanding and competence in executing the requirements of this BMP. Training details to be developed.

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Table 1 – Material Types* and BMP Scenarios Scenario / Soil Made Ground Stockpiled Source Material types Ground Infrastructure Excavated Segregated Materials Aggregate Site of Origin X X X X X Direct Transfer X X X Soil Recycling X X X X X Centre *Note: This is an example table to based on the scenario involved what types of excavated excess materials would be eligible for management under excess soils BMP. Further definitions will be developed as part of final review and pilot testing activities.