Excavated soil processed at project area
 6. (1) Subject to subsection (3), excavated soil or excavated crushed rock that is processed at the project area at which the soil was excavated is designated as waste. O. Reg. 406/19, s. 6 (1); O. Reg. 775/20, s. 5 (1). (2) Excavated soil or excavated crushed rock designated as waste under subsection (1) is no longer designated as waste once processing is completed, if the soil remains at the project area. O. Reg. 406/19, s. 6 (2); O. Reg. 775/20, s. 5 (2). (3) If excavated soil or excavated crushed rock is processed by one of the following methods at the project area at which it was excavated, it is not designated as waste: 1.  Passive aeration. 2.  Passive dewatering. 3.  Mechanical dewatering. 4.  Mixing, 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. 5.  Soil turning. 6.  Size-based sorting. 7.  Sorting it for the purpose of removing debris. 8.  Subject to subsection (4), mixing it with a substance or other material that is intended to dewater or solidify it. O. Reg. 406/19, s. 6 (3); O. Reg. 775/20, s. 5 (3). (4) If the substance or other material mentioned in paragraph 8 of subsection (3) contains a natural or synthetic polymer, the excavated soil or excavated crushed rock is designated as waste unless the project leader for the project or the operator of the project area retains a qualified person to do the following or to supervise a supervisee to do the following and the qualified person or supervisee does the following: 1.  Develop written procedures to ensure the appropriate and safe use of the substance or other material within the project area during the dewatering or solidification process, having regard to, i.  any information supplied by the producer of the substance or other material, and ii.  any other information that, in the opinion of the qualified person, is relevant to the use of the substance or other material. 2.  Give a copy of the written procedures to the project leader or to a person designated by the project leader. 3.  If, after the excess soil is dewatered or solidified, it will be finally placed at a reuse site, prepare a document that sets out the following: i.  Identification of the substance or other material, the mixing rates used to dewater or solidify the soil and the amount of liquid soil that was dewatered or solidified. ii.  Having regard to the information mentioned in subparagraphs 1 i and ii, instructions regarding storage and final placement at the reuse site of the dewatered or solidified excess soil to ensure that the storage and final placement do not cause an adverse effect at the reuse site. iii.  Confirmation that if the instructions referred to in subparagraph ii are followed, the storage and final placement of the excess soil will not cause an adverse effect. O. Reg. 406/19, s. 6 (4); O. Reg. 775/20, s. 5 (4). (5) If the excavated soil or excavated crushed rock is processed at the project area by a method set out in paragraph 8 of subsection (3) and will be finally placed at a reuse site after it is dewatered or solidified, (a)  the project leader or operator of the project area shall ensure that a copy of the document mentioned in paragraph 3 of subsection (4) is given to the owner or operator of the reuse site; and (b)  the owner or operator of the reuse site shall ensure that the instructions set out in the document are followed. O. Reg. 406/19, s. 6 (5); O. Reg. 775/20, s. 5 (5). (6) If the excavated soil or excavated crushed rock is processed at the project area by a method set out in subsection (3), the project leader shall ensure that it is processed in accordance with any requirements governing the processing that are set out in the Soil Rules. O. Reg. 406/19, s. 6 (6); O. Reg. 775/20, s. 5 (6). (7) 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 subsection (3). O. Reg. 406/19, s. 6 (7). Management Exemption