AEL environment knows soil. With over 25 years of experience in soil testing, site assessments and remediation and related service, we offer a number of services related to Excess Soil Characterization and Management.

O.Reg. 406/19 Overview

In Ontario Regulation (O. Reg.) 406/19, (the regulation) impacts most development projects in Ontario, particularly construction sites, road and highway projects, landscaping and earthworks, pipelines and utility installations and brownfield site remediations. The regulation was created to support improved management of excess construction soil and reduce soil management costs, while protecting human health and the environment.

This regulation is a key step to support proper management of excess soils, ensuring valuable resources don’t go to waste and to provide clear rules on managing and reusing excess soil. New risk-based standards referenced by this regulation help to facilitate local beneficial reuse which in turn will reduce greenhouse gas emissions from soil transportation, while ensuring strong protection of human health and the environment. 

Key elements of Ontario Regulation 406/19 include: 

1. Clear excess soil reuse rules and clarity around when excess soil is not classified as waste. 

2. Clarifies when excess soil can be reused and replaces or simplifies waste-related approvals with regulatory rules for low-risk soil management activities. 

3. Enhances reuse through improved source site reuse planning for larger (greater than 2,000 cubic metres) and riskier sites (e.g. gas stations, dry cleaners or industrial sites), including tracking, registration, assessment of past uses and, if necessary, soil sampling and characterization. 

4. Greater assurance that reuse sites are not receiving waste soil, and requiring larger reuse sites (10,000 cubic metres or greater) to register and develop procedures to inspect and track soil received. 

5. Restrictions on landfilling clean soil that is suitable for reuse at a sensitive site (e.g. school, residential or agricultural site). 

Ontario’s Excess Soil Registry

To record excess soil generation and movement, the Excess Soil Registry (the Registry) was developed. The Registry enables: 

1. Regulated persons to comply with registration and notice filing requirements outlined in the regulation. 

2. The Ministry of the Environment, Conservation and Parks (MECP) to access notice filings and associated data 

3. The public to access the information contained in notice filings. 

4. Source Sites are required to register when the volume of excess soil to be generated is greater than 2,000 m3. 

5. Reuse Sites are required to register when the volume of excess soil to be deposited is greater than 10,000 m3. 

Documentation of soil movement in the Source Site Registry can be completed by AEL for clients requiring such services. As part of our review process for potential soil to be exported or imported to a site, AEL will base the number of excess soil samples and the contaminates of concern considered on the O. Reg. 406/19 requirements. 

Soil Management Services

AEL is ready to assist you with all aspects of soil management, from documentation and regulatory compliance to on-site screening, Soil Characterization Reports (SCRs), Excess Soil Destination Assessment Reports (ESDARs), Assessment of Past Use (APU) reports, Environmental Site Assessments, Soil Remediation and more. Whether you are dealing with small or large volumes of soil, we have the expertise to support the seamless management of soil movement, documentation, and reuse planning.

Speak with our experts to learn how AEL can support your project’s soil management needs and find efficiencies to save you time and money while adhering to O. Reg. 406/19 standards.