Tatham’s Hydrogeology Group Leader Alicia Kimberley, M.Sc., P.Geo. will be speaking at the upcoming Ontario Sand, Stone and Gravel Association (OSSGA) Annual General Meeting about the importance of collaboration between consultants and aggregate leaders in the handling of excess soils.

As the construction industry sequenced into the new era of Excess Soil Management, contradictions between the new O.Reg.406/19 under the Environmental Protection Act (EPA) and O.Reg.244/97 under the Aggregate Resources Act (ARA) were highlighted. The 2022 pause in the implementation of O.Reg.406/19 has allowed the Ministry of Natural Resources and Forestry time to make changes and better align the two regulations.

Most projects abiding by O.Reg.406/19 in the construction industry are relatively short-term which does not allow for efficiencies or processes to develop on a specific project site. However, the long-term nature of rehabilitation projects in the aggregate industry allows for a unique Site-specific approach to O.Reg.406/19 resulting in cost saving efficiencies and processes.

An empowering partnership between Qualified Person (QP) and Aggregate Leaders can lead to the development of inhouse policies and procedures where QPs work with Aggregate Leaders in an advisory role rather than a do-er role.

“The past three years have been eventful with the iterative implementation of O.Reg.406/19, but through this process, there has been valuable lessons learned,” said Alicia.

“The importance of planning with respect to timing and budget has been highlighted and I am optimistic that as we move into this phase of implementation, new collaborative approaches will evolve that not only reduce delays and cost but also ultimately prioritize the importance of protecting the environment and the public.”

The road to compliance with the new excess soil rules may be rocky and we may still see further changes. However, with focus on partnerships between QPs and Aggregate Leaders, a mutual understanding of the importance of the rules and cost implications will be fostered such that processes to better ensure compliance at a lower cost can be developed.

Alicia Kimberley will present on this topic at the OSSGA Annual Conference on February 23, 2023 at 11:45AM, alongside co-author Fernando Contento, M.Env.Sc., P.Geo.