001-45_EJQR10_FALL26_PT - Flipbook - Page 28
example prohibit the deposit of liquid soil; see for example Town
of Whitchurch-Stou昀昀ville By-law). This step may limit the
number of eligible receiving sites.
A person may “process” or manage liquid soil at the “project
area”, through passive dewatering or mixing the soil with
additives to dewater or solidify the soil.
Re-use the liquid soil at any of the following locations and
comply with the criteria in the Excess Soil Regulation and the
Excess Soil Rules:
the project area;
a related project area forming part of a single larger
initiative; or
if the soil was from an infrastructure project, a related
infrastructure project; or
Transport the soil to an approved site for treatment or disposal.
The MECP maintains an internal list of sites authorized to receive
and process liquid soils that is available on demand.
These additional steps can add additional material costs and
complexity to projects—creating further regulatory hurdles to the
construction of much-needed infrastructure and housing. In light of
the signi昀椀cant bene昀椀ts associated with activities that often leant to the
creation of liquid soils and the low risks associated with these soils, the
authors respectfully suggest that future amendments to the Excess Soil
Regulation should promote the greater re-use of liquid soil in a manner
that remains consistent with the EPA’s environmental protection
objectives.
Matthew Bernier is an Associate in the Municipal,
Planning & Environmental Group at Cassels.
Raivo Uukkivi is Co-Chair of the Municipal, Planning
& Environment Group at Cassels.
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