The document outlines the MOE's
"recommendations" and "expectations" for
managing the reuse of excess soils, a hugely important issue for
the construction industry. The general structure is similar to the
draft circulated in April:
At least for now, it will be a guideline, not a
It applies primarily to "large scale" commercial and
residential developments, although those moving soil from other
sources are asked to "consider" it. (MOE is asking for
comments on what "large-scale" means.
It applies only to soil, not to aggregates, asphalt, concrete,
Both the source and receiving sites must have written fill
management plans under the supervision of a Qualified Person (QP)
under Reg. 153/04.
Each source site's soils must be deposited in a distinct,
documented area, so that it can be found afterwards if needed.
Municipalities and conservation authorities are encouraged to
ask contractors to follow the guidelines, and to post financial
assurance to guarantee compliance and remediation if needed.
Temporary soil banks for dedicated purposes are permitted, but
require extensive precautions, such as tarping and paved
The MOE has rejected the construction industry's key
demand, for regional, multi-source, multi-receiver fill bank
If a receiving site wants an RSC, the Reg. 153/04 (usually
Table 1) standards apply. If the receiving site does not want an
RSC, the QP can decide which quality standards should apply.
Neither QPs nor property owners can be certain whether the MOE
will ultimately accept the QP's decision, since the MOE
reserves the right to "take appropriate action" if soil
movement causes adverse effects, such as introducing contaminants
or invasive plant or animal species.
Comments may be submitted until January 18, 2013.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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