jswizzle3737/ontario_laws_and_regs huggingface dataset:
Non-application of Regulation
 2. (1) This Regulation does not apply in respect of the following: 1.  The excavation of soil that is hazardous waste or asbestos waste, both within the meaning of Regulation 347. 2.  The operation of a pit or quarry from which consolidated or unconsolidated aggregate within the meaning of the Aggregate Resources Act is excavated, including the use and production of recycled aggregate in the pit or quarry. 3.  The excavation of topsoil in accordance with a permit issued under the Aggregate Resources Act. 4.  The production of peat from a peat extraction operation. 5.  The final placement of excess soil on the bed of a surface water body. O. Reg. 406/19, s. 2. (2) Despite paragraph 2 of subsection (1), this Regulation applies to the deposit and final placement of excess soil at a pit or quarry for reuse at the pit or quarry, including for the purpose of rehabilitating the pit or quarry. O. Reg. 775/20, s. 2. Designation as Waste
Designation as Waste
nan
Excess soil, reuse site governed by instrument
 4. (1) The conditions set out in this section apply for the purposes of paragraph 4 of subsection 3 (2). (2) If the reuse site is governed by an instrument in which the quality of excess soil deposited at the reuse site is addressed in the manner described in Column 1 of the following Table, the conditions set out opposite in Column 2 of the Table must be satisfied: TABLE Item   Column 1   Manner in which instrument addresses excess soil quality   Column 2   Conditions respecting excess soil quality 

  1.   Instrument deals with excess soil quality and imposes a requirement that is equivalent to or more stringent than the applicable excess soil quality standard as determined in accordance with the Excess Soil Standards.   The condition set out in paragraph 1 of subsection 5 (1) must be satisfied. 

  2.   Instrument deals with excess soil quality and imposes a less stringent requirement than the applicable excess soil quality standard as determined in accordance with the Excess Soil Standards.   The requirement set out in the instrument respecting excess soil quality must be satisfied. (3) If the reuse site is governed by an instrument in which the quality of excess soil deposited at the reuse site is not addressed, the condition set out in paragraph 1 of subsection 5 (1) must be satisfied. (4) If the reuse site is governed by an instrument in which the quantity of excess soil deposited at the reuse site is addressed in the manner described in Column 1 of the following Table, the conditions set out opposite in Column 2 of the Table must be satisfied: TABLE Item   Column 1   Manner in which instrument addresses excess soil quantity   Column 2   Conditions respecting excess soil quantity 

  1.   Instrument does not specify the maximum amount of excess soil that may be deposited but does identify the beneficial purpose for which the excess soil is to be used.   The quantity of excess soil to be deposited at the reuse site must not exceed the quantity necessary for the beneficial purpose identified. 

  2.   Instrument specifies the maximum amount of excess soil that may be deposited.   The maximum amount of excess soil specified in the instrument must not be exceeded. (5) If the reuse site is governed by an instrument that does not specify a maximum amount of excess soil that may be deposited at the reuse site and does not identify the beneficial purpose for which the excess soil is to be used, the quantity of excess soil to be deposited at the reuse site must not exceed the quantity necessary for the purposes of the apparent beneficial purpose for which the excess soil is to be used, as determined by examining the circumstances in which the instrument was obtained, the type of undertaking for which the excess soil is to be used and any other relevant circumstances.
Management Exemption
nan
Registry
nan
9.
 9. (1) A project leader for a project who is required to file a notice under section 8 in respect of the project shall ensure that, before depositing excess soil at a Class 1 soil management site, Class 2 soil management site, reuse site, local waste transfer facility, landfilling site or dump, the information required to be included in the notice filed in the Registry under sections 10, 12 and 14 of Schedule 1 is information in respect of the applicable location. O. Reg. 406/19, s. 9 (1). (2) A project leader mentioned in subsection (1) shall ensure that within 30 days after all soil that will become excess soil once removed has been removed from a project area, local waste transfer facility or Class 2 soil management site, the notice filed in the registry in respect of the project is updated with the following information: 1.  The amount of excess soil removed from the project area as part of the project that was deposited at each of the following: i.  A Class 1 soil management site. ii.  A Class 2 soil management site. iii.  A reuse site. iv.  A local waste transfer facility. v.  A landfilling site or dump. 2.  The date on which the last load of excess soil was removed from the project area, local waste transfer facility or Class 2 soil management site, as the case may be. O. Reg. 406/19, s. 9 (2); O. Reg. 775/20, s. 8. (3) If a project leader or a person authorized to file a notice in the Registry on behalf of a project leader becomes aware that the notice filed in the Registry in respect of the project is no longer complete or accurate, the project leader or authorized person shall ensure that the notice is updated within 30 days after the day the person becomes aware that the information is no longer complete or accurate. O. Reg. 406/19, s. 9 (3). 10. Revoked: O. Reg. 775/20, s. 9. Documentation and Tracking
Documentation and Tracking
nan
11.
 11. (1) Subject to subsection (2), if the project leader for a project is required to file a notice under section 8 in respect of the project, the project leader shall ensure that, before filing the notice, a qualified person prepares or supervises the preparation of an assessment of past uses of the project area in accordance with the Soil Rules. O. Reg. 406/19, s. 11 (1); O. Reg. 555/22, s. 3. (2) An assessment of past uses of the project area is not required if either of the following circumstances applies: 1.  The project relates to the excavation of soil at a stormwater management pond. 2.  A phase one environmental site assessment within the meaning of Ontario Regulation 153/04 has been prepared in respect of the project. O. Reg. 406/19, s. 11 (2). (3) If, before January 1, 2023, a project leader undertakes an assessment of the project area to determine the likelihood that one or more contaminants have affected any soil that may become excess soil in respect of a project, that assessment shall be deemed to satisfy the requirements for an assessment of past uses required by this section for that project. O. Reg. 775/20, s. 10; O. Reg. 388/22, s. 2.
12.
 12. (1) Subject to subsection (3), if the project leader for a project is required to file a notice under section 8 in respect of the project and any of the circumstances set out in subsection (2) apply, the project leader shall ensure that, before filing the notice, a qualified person prepares or supervises the preparation of a sampling and analysis plan in accordance with the Soil Rules. O. Reg. 406/19, s. 12 (1); O. Reg. 555/22, s. 4. (2) For the purposes of subsection (1), a sampling and analysis plan is required if any of the following circumstances apply: 1.  The assessment of past uses prepared in accordance with section 11 or phase one environmental site assessment mentioned in paragraph 2 of subsection 11 (2) identifies a potentially contaminating activity within the meaning of Ontario Regulation 153/04. 2.  Any part of the project area is or has ever been an enhanced investigation project area. 3.  The project involves the excavation and removal of excess soil from a stormwater management pond. O. Reg. 406/19, s. 12 (2). (3) A sampling and analysis plan is not required if the soil to be excavated is to be deposited at a Class 1 soil management site. O. Reg. 406/19, s. 12 (3). (4) If a sampling and analysis plan is required to be prepared in respect of a project, the project leader shall, (a)  ensure that a qualified person implements or supervises the implementation of the plan; (b)  develop and apply procedures to ensure that, as soil is excavated and stored in stockpiles, the soil is segregated and stockpiled in accordance with the Soil Rules and that any soil that is sampled and analysed is kept segregated from other soil; and (c)  before filing the notice on the Registry under section 8, ensure that a qualified person prepares or supervises the preparation of a soil characterization report in accordance with the Soil Rules. O. Reg. 406/19, s. 12 (4). (5) A soil characterization report mentioned in clause (4) (c) shall include the following information: 1.  The results of sampling and analysis and an assessment of those results, including a description of the parts of the project area that were sampled and analysed. 2.  A description of which soil may be reused within the project area, with or without processing at the project area, and which soil may be deposited at a Class 1 soil management site, landfilling site or dump. 3.  Having regard to the Excess Soil Standards, identification of the type of potential reuse sites to which excess soil from the project area may be transported for final placement. O. Reg. 406/19, s. 12 (5). (6) If, before January 1, 2023, a project leader undertakes a sampling and analysis plan to analyze the concentration of contaminants of any soil in the project area that may become excess soil in respect of a project, the plan shall be deemed to satisfy the requirement for a sampling and analysis plan required by this section and a report that is prepared describing the results of implementing the sampling and analysis plan shall be deemed to satisfy the requirements of a soil characterization report set out in subsection (5) for that project. O. Reg. 775/20, s. 11; O. Reg. 388/22, s. 3.
13.
 13. (1) If the project leader for a project is required to file a notice under section 8 in respect of the project, the project leader shall ensure that, before filing the notice, a qualified person prepares or supervises the preparation of an excess soil destination assessment report in accordance with the Soil Rules. O. Reg. 406/19, s. 13 (1); O. Reg. 555/22, s. 5. (2) The report shall be based on the results of any required assessment of past uses of the project area, any required soil characterization report and any information gathered in respect of the potential sites at which the excess soil may be deposited, and shall include the following: 1.  Identification of each Class 1 soil management site, reuse site, local waste transfer facility, landfilling site or dump at which the excess soil will be deposited, including the location of each site. 2.  Identification of contingency measures to be implemented in the event that the excess soil cannot be deposited at a site identified under paragraph 1, including the location of an alternate site. 3.  An estimate of the quality and quantity of excess soil that will be deposited at each location identified under paragraph 1. O. Reg. 406/19, s. 13 (2). 14. Revoked : O. Reg. 555/22, s. 6.
15.
 15. (1) This section applies to a project leader who is required to ensure that a qualified person prepares or supervises the preparation of a document under section 11, 12 or 13. O. Reg. 406/19, s. 15 (1). (2) If the project leader or the operator of the project area or any other person working in the project area becomes aware of any of the following circumstances, the project leader or the operator of the project area shall ensure that a written record of the circumstance is immediately created, including the date on which the circumstance became known to the project leader, operator of the project area or other person: 1.  Additional testing of excess soil reveals that the soil characterization report does not accurately reflect the quality of excess soil that is to be transported to a reuse site for final placement. 2.  An area of potential environmental concern, within the meaning of Ontario Regulation 153/04, that is not identified in the assessment of past uses is identified within the project area. 3.  Excess soil is intended to be transported to a reuse site for final placement and the reuse site is not identified in the excess soil destination assessment report. O. Reg. 406/19, s. 15 (2). (3) The project leader or the operator of the project area shall ensure that within 30 days after the day the project leader or the operator of the project area becomes aware of the circumstance under subsection (2), a qualified person or a supervisee reviews all documents required to be prepared by or under the supervision of a qualified person under sections 11, 12 and 13 and makes any necessary amendments to those documents to reflect the circumstance. O. Reg. 406/19, s. 15 (3). (4) In addition to complying with subsection (3), the project leader or the operator of the project area shall ensure that the qualified person provides to the project leader or operator of the project area any further recommendations in writing to ensure that excess soil is disposed of in accordance with the requirements of this Regulation. O. Reg. 406/19, s. 15 (4); O. Reg. 775/20, s. 12.
16.
 16. The project leader for a project shall, if the project leader is required to file a notice under section 8 in respect of the project, before removing from the project area soil that will become excess soil once removed, develop and apply a tracking system, in accordance with the Soil Rules, to track each load of excess soil during its transportation and deposit at a reuse site, Class 1 soil management site, local waste transfer facility, landfilling site or dump, and any transportation to and from a Class 2 soil management site. Transportation of Soil
Transportation of Soil
nan
17.
 17. (1) The transportation of excess soil in a vehicle is exempt from sections 27, 40 and 41 of the Act. (2) For greater certainty, section 16 of Regulation 347 applies in respect of a vehicle transporting excess soil that is designated as waste. (3) The owner and operator of a vehicle transporting excess soil that is not designated as waste shall ensure that the excess soil is collected and transported in accordance with the following rules: 1.  The excess soil shall only be collected and transported in a vehicle that has been constructed to enable the excess soil to be transferred safely and without nuisance. 2.  Bodies of vehicles shall be constructed to withstand abrasion and corrosion from the excess soil. 3.  Bodies of vehicles shall be leakproof and covered where necessary to prevent the emission of offensive odours, the falling or blowing of material from the vehicle or the release of dust or other airborne materials that may cause air pollution. 4.  If the excess soil is liquid soil, i.  valves that are part of the vehicle shall have a locking system and shall be locked when the vehicle contains the liquid soil and the owner or operator of the vehicle is not in attendance, and ii.  whenever liquid soil is being transferred to or from the vehicle, the owner or operator of the vehicle must be present.
18.
 18. (1) A person who is operating a vehicle for the purpose of transporting excess soil shall ensure that a record including the following information is available at all times during the transportation: 1.  The location at which the excess soil was loaded for transportation. 2.  The date and time the excess soil was loaded for transportation. 3.  The quantity of excess soil in the load. 4.  The name of an individual who may be contacted to respond to inquiries regarding the load, including inquiries regarding the soil quality. 5.  The name of the corporation, partnership or firm transporting the excess soil, the name of the driver of the vehicle and the number plates issued for the vehicle under the Highway Traffic Act. 6.  The location at which the excess soil is to be deposited. O. Reg. 406/19, s. 29 (2). (2) Upon arriving at a Class 1 soil management site, Class 2 soil management site, reuse site, local waste transfer facility, landfilling site or dump, the person who is transporting the excess soil shall ensure that the record mentioned in subsection (1) includes the following information: 1.  The date and time the load of excess soil is deposited. 2.  The name and phone number of the individual at the Class 1 soil management site, Class 2 soil management site, local waste transfer facility, reuse site, landfilling site or dump who acknowledges that the excess soil has been deposited on the date and at the time specified under paragraph 1. 3.  A declaration by the individual mentioned in paragraph 2, stating that the individual acknowledges the deposit of the excess soil. O. Reg. 406/19, s. 29 (2). (3) The person who is transporting the excess soil shall ensure that the individual mentioned in paragraph 2 of subsection (2) is given a copy of the record containing the information mentioned in that subsection. O. Reg. 406/19, s. 29 (2). Deposit of Excess Soil
Deposit of Excess Soil
nan
20.
 20. If an owner or operator of a reuse site retains a qualified person to develop or to supervise the development of site-specific excess soil quality standards using the Beneficial Reuse Assessment Tool, whether or not the site is governed by an instrument mentioned in paragraph 4 of subsection 3 (2), the qualified person shall ensure that a copy of each of the following is given to the Ministry in accordance with the Soil Rules: 1.  A declaration attesting to the accuracy of the information and the assumptions provided as inputs for the Beneficial Reuse Assessment Tool. 2.  The output worksheet generated when using the Beneficial Reuse Assessment Tool.
22.
nan
Excavation — General
nan
23.
 23. (1) The project leader or the operator of a project area shall ensure that a procedure is developed and applied with respect to what must occur if any person working in the project area makes an observation during soil excavation within the project area, including any visual or olfactory observation, that suggests that the soil being excavated may be affected by the discharge of a contaminant. O. Reg. 406/19, s. 23 (1). (2) At a minimum, the project leader or the operator of the project area shall ensure that the procedure mentioned in subsection (1) sets out the following: 1.  All soil excavations in the project area must immediately cease upon the observation being made, until such time as the project leader directs that soil excavations may be resumed. 2.  The project leader or the operator of the project area must immediately be notified of the observation. 3.  The project leader or the operator of the project area, upon being notified of the observation, must, before directing that soil excavations may be resumed, ensure that all necessary steps are taken to ensure that, i.  all excavated soil or excavated crushed rock that is affected by the discharge of a contaminant is identified and is segregated from other excavated soil or excavated crushed rock in the project area, ii.  the portion of the project area that is affected by the discharge of a contaminant is determined, and iii.  any excess soil from that portion of the project area is disposed of in accordance with this Regulation. 4.  If a project leader was required to ensure that a qualified person prepared or oversaw the preparation of documents under this Regulation, the project leader shall, before authorizing any soil to be removed from the project area where the observation was made, i.  obtain the advice of a qualified person regarding what steps are necessary in order to ensure the outcomes mentioned in subparagraphs 3 i, ii and iii, and ii.  request that the qualified person advise on whether any of the documents required under this Regulation require revision as a result of the observation. O. Reg. 406/19, s. 23 (2); O. Reg. 775/20, s. 15.
24.
 24. Except where an instrument regulates the management of soil at a site, including an instrument mentioned in paragraph 4 of subsection 3 (2), the operator of a project area, local waste transfer facility, Class 2 soil management site, retail landscaping soil depot, residential development soil depot or reuse site shall ensure that any soil, excess soil or crushed rock at the site is stored in accordance with the Soil Rules. O. Reg. 775/20, s. 16.
25.
 25. Despite there being no authority under Regulation 347 for waste to be processed at a local waste transfer facility within the meaning of that Regulation, if the local waste transfer facility is operated by a public body or by a project leader in respect of an undertaking related to infrastructure, any excess soil stored at the local waste transfer facility may be processed at the facility by a method specified in subsection 6 (3) and subsections 6 (4), (5) and (6) apply, with necessary modifications, to the processing of the excess soil. O. Reg. 775/20, s. 16. Miscellaneous
26.
 26. (1) No qualified person shall prepare or supervise the preparation of documents under this Regulation in respect of a project in which the qualified person holds a direct or indirect interest. (2) No qualified person shall develop and apply site-specific excess soil quality standards under this Regulation in respect of a reuse site in which the qualified person holds a direct or indirect interest. (3) Despite subsections (1) and (2), a qualified person may act in respect of a project or reuse site in which his or her employer holds a direct or indirect interest. (4) Nothing in this section shall be construed so as to derogate from any obligations imposed on the qualified person under the Professional Engineers Act
or the Professional Geoscientists Act, 2000.
27.
 27. (1) A notice required to be filed in the Registry shall be prepared in accordance with the Soil Rules and in the form, if any, approved by the Director and available on a website of the Government of Ontario. (2) A declaration required under this Regulation or the Soil Rules or any other document or record required to be prepared under this Regulation or the Soil Rules shall be prepared in the form, if any, approved by the Director and available on a website of the Government of Ontario.
Schedule 1
nan
Schedule 2
nan