001-45_EJQR10_FALL26_PT - Flipbook - Page 19
WHEN MANAGING EXCESS SOIL under Ontario’s O. Reg. 406/19,
Environmentally Sensitive Areas (ESAs) set the highest bar. Because
placing soil in these protected zones triggers the province’s absolute
strictest quality standards, Quali昀椀ed Persons (QPs) have to spot
them accurately from day one—or risk major project delays and
blown reuse plans. They are a key component of Excess Soil Quality
Standards (ESQS) and a signi昀椀cant factor in reuse planning.
Under O. Reg. 406/19, excess soil is designated as a waste unless
managed in accordance with the regulation and associated Soil Rules.
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“Excess soil shall only be 昀椀nally placed within an environmentally
sensitive area if the excess soil meets Table 1 of the excess soil quality
standards,” states Ontario’s Rules for Soil Management and Excess
Soil Quality Standards.
Placing soils that do not meet the Table 1 standards within an ESA
may be considered a waste-disposal activity under the Environmental
Protection Act. This could expose both the soil generator and receiving
site to regulatory liability if the receiving site is not authorized to
receive waste. QPs involved in the assessment may also face civil
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