EJQ7 - Winter 2026 - Journal - Page 29
The key changes include the following:
1. Exemption for aggregate reuse depots
Aggregate reuse depots are now exempt from the requirement to obtain
a waste Environmental Compliance Approval (ECA), provided they meet
prescribed conditions. The regulation speci昀椀es which depots qualify for
the exemption based on material type and volume, and outlines mandatory noti昀椀cation requirements to the MECP and relevant municipalities
prior to operation. Where depots operate within pits or quarries licensed
under the Aggregate Resources Act, oversight defers to the Aggregate Resources Act or instruments under it to avoid regulatory duplication.
Additional conditions now require that a quali昀椀ed person oversee matters
related to soil quality and develop procedures. Storage durations have
been aligned with other depot categories (two years), and engineered
aggregate from qualifying depots can be reused as recycled engineered
aggregate if it meets speci昀椀ed criteria.
2. Expanded reuse of recycled aggregate and stormwater pond sediment
To promote reuse and reduce disposal, the regulation now allows
asphalt-impacted excess soil and sediment from stormwater
management ponds to be reused more broadly. Asphalt-impacted excess
soil meeting certain conditions is deemed to comply with soil quality
standards if it is 昀椀nally placed in asphalt-pavement covered areas such as
roads or parking lots. Stormwater pond sediment may be reused within
a road right-of-way adjacent to asphalt roads, including medians and
landscaped areas.
For excess soil or recycled engineered aggregate originating from an
infrastructure project, natural excess of soil standards is permissible if
concentrations fall within the local natural range and speci昀椀ed criteria
are met. The Soil Rules also now set out procedures for determining
whether elevated concentrations are due to naturally occurring
conditions or asphalt contamination.
3. Reuse between infrastructure projects
Excess soil transferred between project areas and reuse sites that are
both infrastructure undertakings of the same type (e.g., road-to-road)
will not be designated as waste, provided certain conditions are satis昀椀ed.
For example, the project leader and reuse site operator must be the same
entity or must both be public bodies. As well, the soil must be found not
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