001-45_EJQR10_FALL26_PT - Flipbook - Page 26
regulations, municipal by-laws, and conservation authority regulations,
also apply. Additionally, the Excess Soil Regulation incorporates various
guidelines by reference, including the Rules for Soil Management and
Excess Soil Quality Standards (Excess Soil Rules).
The Excess Soil Regulation de昀椀nes liquid soil as soil, crushed rock or
soil mixed with rock or crushed rock with a slump of more than 150
millimetres using the Test Method for the Determination of “Liquid
Waste” via slump test.
Slump tests are a test method to assess the likely liquid content of a
material. The material is placed in a 30 cm open inverted cone, which is
then removed. The slump refers to the immediate decrease in height of
the material when the cone is removed. Soil would be considered liquid
soil when soil placed in this cone immediately decreases in height by
more than 15 cm.
Liquid soils may arise from hydro excavations and the removal of
sediment from stormwater management ponds. These activities will not
always generate liquid soils, as it will depend on the soil pro昀椀le and the
water-soil ratio of any given excavation.
Slippery slopes and key exemptions
The Excess Soil Regulation designates excess soils as “wastes”. If
an exception does not apply, excess soil becomes subject to Part V
of the EPA, which prohibits the management, transportation, and
deposit of waste without an Environmental Compliance Approval
(ECA) or Renewable Energy Approval.
The most signi昀椀cant exception is where excess soil is 昀椀nally
deposited at a “re-use site”. For most soils, the following criteria
must be satis昀椀ed:
The excess soil is directly transported to a re-use site from a
project area, another re-use site, or enumerated soil processing
sites;
The re-use site owner/operator must consent in writing and
if the soil is salt or asphalt-impacted, the written consent must
acknowledge these impacts;
The soil must be used for a “bene昀椀cial purpose” (O. Reg 406/19
E N V I RON M E N T J OURN A L QUA RT E RLY RE PORT • FA L L 2 02 6 • P AGE 2 6
