21.
 21. (1) The management of excess soil that is dry soil at a Class 2 soil management site is exempt from sections 27, 40 and 41 of the Act if the following conditions are met: 1.  In the case of a Class 2 soil management site that is owned or leased by a public body, if the public body is not the project leader for the project from which the excess soil was transported, the public body or a person authorized by the public body must have consented in writing to storage of the excess soil at the site. 2.  The excess soil stored at the Class 2 soil management site at any one time must only be excess soil in respect of projects of the project leader. 3.  The amount of excess soil stored at the Class 2 soil management site at any one time must not exceed 10,000 m3. 4.  Subject to subsection (2), before storing the excess soil at the Class 2 soil management site, the project leader for the project from which the excess soil was transported must, i.  obtain written consent from the operator of the reuse site at which the excess soil will be deposited, and ii.  prepare a written record identifying the intended reuse site at which the excess soil to be stored at the Class 2 soil management site will be finally placed and confirming that the consent mentioned in subparagraph i has been obtained. 5.  The project leader mentioned in paragraph 4 must update the record if there is any change in the intended reuse site. 6.  The record mentioned in paragraph 4 must be made available by the project leader or the operator of the Class 2 soil management site while the excess soil is stored. 7.  Subject to subsection (3), the excess soil must be finally placed at a reuse site no later than two years after the excess soil is first deposited at the Class 2 soil management site. 8.  If excess soil is processed while being stored at the Class 2 soil management site, it must be processed in accordance with any requirements governing the processing that are set out in the Soil Rules and by one of the following methods: i.  Passive aeration. ii.  Mixing of soil from projects that have the same project leader, if the soil being mixed with it is of similar quality to it and the mixing is not carried out for the purpose of diluting the concentration of contaminants in the soil. iii.  Soil turning. iv.  Size-based sorting. v.  Sorting it for the purpose of removing debris. 9.  The project leader or the operator of the Class 2 soil management site must provide written notice to the Director in accordance with subsection (4) before the excess soil begins to be deposited at the Class 2 soil management site. 9.1  The project leader or the operator of the Class 2 soil management site must provide written notice of the closure of the site to the Director in accordance with subsection (4.1) within 90 days after the closure. 10.  Any other conditions set out in the Soil Rules with respect to the deposit and storage of excess soil at a Class 2 soil management site must be met. O. Reg. 406/19, s. 21 (1); O. Reg. 775/20, s. 14 (1, 2). (2) Paragraph 4 of subsection (1) does not apply if a project leader or an operator of a project area has transported excess soil to a Class 2 soil management site and the conditions set out in subsection 8 (3) are satisfied, in which case the project leader must instead take the steps required under subparagraphs 4 i and ii of subsection (1) as soon as possible after complying with section 12 in respect of the project area. O. Reg. 406/19, s. 21 (2). (3) The Director to whom written notice is provided under paragraph 9 of subsection (1) may authorize in writing an extension, not exceeding five years, of the two-year period mentioned in paragraph 7 of subsection (1), if the Director is satisfied that, (a)  the extension is necessary in order for the excess soil to be used at a reuse site; and (b)  the extension will not result in an adverse effect. O. Reg. 406/19, s. 21 (3). (4) For the purposes of paragraph 9 of subsection (1), the written notice must include the following: 1.  The location of the Class 2 soil management site. 2.  A description of the quality and quantity of excess soil to be deposited at the site. 3.  The name of the project leader for the project from which the excess soil is to be transported. 4.  The name and phone number of the individual who, on behalf of the project leader, is responsible for supervising the Class 2 soil management site. 5.  If the Class 2 soil management site is operated by a public body, the name of the public body. 6.  The date on which the storage of the excess soil at the Class 2 soil management site is expected to begin and the date on which it is expected to end. O. Reg. 406/19, s. 21 (4). (4.1) For the purposes of paragraph 9.1 of subsection (1), the written notice must include the following: 1.  The location of the Class 2 soil management site. 2.  The date when the site ceased operations. 3.  Confirmation that all excess soil has been removed from the site. O. Reg. 775/20, s. 14 (3). (5) If the project leader becomes aware that any information in the written notice mentioned in paragraph 9 of subsection (1) is no longer complete or accurate, the project leader must ensure that the Director is notified and provided with the completed or corrected information within 30 days after the day the project leader becomes aware that the information is no longer complete or accurate. O. Reg. 406/19, s. 21 (5). (6) For greater certainty, nothing in this section relieves a person from complying with subsection 9 (1) of the Act or subsection 53 (1) of the Ontario Water Resources Act when carrying out processing by a method set out in paragraph 8 of subsection (1). O. Reg. 406/19, s. 21 (6). Note: Section 22 comes into force on January 1, 2025. Landfilling site or dump 22. (1) Subject to subsection (2), no person shall deposit, or cause, permit or arrange for the deposit of excess soil at a landfilling site or dump if the excess soil meets the soil quality standards set out in the Excess Soil Standards for the purposes of this subsection. (2) Subsection (1) does not apply if the excess soil will be used for daily cover, final cover, the construction of roads or berms or to support any other type of ancillary use that supports the operation of the landfilling site or dump. (3) Despite subsection (1), the deposit of excess soil described in that subsection is permitted at a landfilling site or dump if a qualified person is of the opinion that it would be unsafe to finally place the excess soil at a reuse site, has completed a declaration stating the opinion and has given the declaration to the owner or operator of the landfilling site or dump at which the excess soil is deposited. Excavation — General