CCME provides new guidance on the reuse of excess soils

The Canadian Council of Ministers of the Environment (CCME) has released a new document, Excess Soil Reuse Guidance, which provides a reference tool for jurisdictions implementing an excess soil reuse framework in their soil management policies. It includes principles to be considered in such a framework, circumstances under which they might be applied, and pros and cons related to the application of these principles.

The 51-page guidance document provides elements that should be included in a traceability protocol intended to track beneficially reused soil and discusses the responsibilities of both source and receiving sites in projects involving the reuse of excess soils.

Government organizations—such as ministries of transportation, ministries of environment, ministries involved in territorial development, ministries of natural resources—and municipalities may have an interest in excess soil management guidance. In the private sector, environmental consultants working in site remediation, brownfields redevelopment and general construction may also have an interest in such guidance. This guidance document may also be of use to Indigenous communities that are moving excess soil to and from their lands.

The movement of excess soil may be subject to permits or approvals from multiple orders of government and agencies. Compliance with these requirements would be in addition to the concerns about excess soil quality that this document is meant to address. Potential concerns that may require approval could include construction work within aquatic habitats, shore infilling, invasive species, geotechnical considerations, and soil fertility.

Examples of federal legislation that may apply to the movement of excess soil include:

the Impact Assessment Act (2019);
the Migratory Birds Convention Act, 1994;
the Species at Risk Act (2002);
the Fisheries Act (1985); and the
Great Lakes Water Quality Agreement (Canada and the United States 1972) legally binding treaty.

For the purpose of the document, excess soils include materials generated during site works that can be beneficially reused on the source site (SS) or at a suitable receiving site (RS). This document does not address soils that are considered waste (i.e., cannot be beneficially reused) as separate guidance and legislation exist for waste management.

The document also notes that some Canadian provinces and/or territories have existing excess soil legislation, regulations, and rules. However, this guide may be beneficial to those jurisdictions that do not have excess soil reuse frameworks.

Key takeaways

The objective of this guidance is to cover the many aspects for jurisdictions to consider in the implementation of an excess soil policy or guidance. These are the concluding takeaways:

Applying the principles of this guidance will help ensure that excess soil reuse is done in a responsible and beneficial way.
Excess soil reuse should not be a pollute-up-to permission, that it should be done without endangering human health or harming the environment and should not prevent any permitted land use on a given site.
From a sustainable development perspective, excess soil reuse can be very beneficial when soil is used as a substitute for material that would otherwise be imported to the site from a pit or quarry for such purposes as berming, infilling, or geotechnical material uses. Excess soil reuse projects should include both an SMP (soil management plan) and an FMP (fill management plan), prepared for the SS and RS, respectively.
Plans should be prepared under the supervision of a QP representing each site, which will help ensure excess soil is reused in a suitable way that benefits the RS and maintains permitted land uses.
Soil traceability and site liability are also very important aspects to consider to ensure that excess soil is sent to an appropriate site for an appropriate use, that excess soil is carefully handled, and the RS owner is fully aware of the conditions under which the soil should be reused and of their responsibilities related to excess soil reuse.

The complete publication can be found here.