Excess soil, reuse site not governed by instrument
 5. (1) For the purposes of paragraph 5 of subsection 3 (2), the following conditions must be satisfied: 1.  The quality of the excess soil that has been finally placed or that is intended to be finally placed at the reuse site must not exceed the following: i.  The applicable excess soil quality standards as determined in accordance with the Excess Soil Standards, unless subparagraph ii applies. ii.  Subject to subsection (4), if the excess soil does not meet an applicable excess soil quality standard mentioned in subparagraph i in respect of a parameter, the site-specific excess soil quality standards developed for the reuse site in respect of that parameter in accordance with subsections (3) and (5). 2.  The primary use of the reuse site must not be the deposit of excess soil. 3.  There must be an identified beneficial purpose in connection with the undertaking for which the excess soil is to be used at the reuse site, such as, i.  backfill for an excavation carried out for the purposes of any form of development, ii.  final grading carried out for the purposes of any form of development, iii.  achieving the grade necessary for, A.  any development, B.  an undertaking related to infrastructure, C.  landscaping, or D.  another project governed by an instrument issued by a public body, or iv.  the placement of fill to assist in the rehabilitation of the reuse site. 4.  The quantity of excess soil deposited or to be deposited at the reuse site must not exceed the quantity necessary for the beneficial purpose identified. 5.  Subject to subsections (6) and (7), the excess soil must be finally placed no later than two years after it is deposited at the reuse site. 6.  The excess soil must be finally placed in accordance with any requirements set out in the Soil Rules. O. Reg. 406/19, s. 5 (1); O. Reg. 775/20, s. 4 (1, 2). (2) For the purposes of subparagraph 1 ii of subsection (1), only a qualified person shall develop and apply site-specific excess soil quality standards for the reuse site or supervise the development and application by a supervisee. O. Reg. 775/20, s. 4 (3). (3) The qualified person described in subsection (2) or the supervisee shall use the Beneficial Reuse Assessment Tool to develop and apply site-specific excess soil quality standards in accordance with the Soil Rules. O. Reg. 775/20, s. 4 (3). (4) The qualified person or supervisee shall not use the Beneficial Reuse Assessment Tool to develop and apply a site-specific excess soil quality standard for the purposes of subparagraph 1 ii of subsection (1) in circumstances that are identified in the Soil Rules as circumstances in which the Beneficial Reuse Assessment Tool can only be used under the authority of a site specific instrument mentioned in paragraph 4 of subsection 3 (2). O. Reg. 406/19, s. 5 (4). (5) If the qualified person is retained by the operator of the reuse site, the qualified person shall, (a)  complete a declaration attesting to the accuracy of the information and the assumptions provided as inputs for the Beneficial Reuse Assessment Tool; and (b)  ensure that the operator of the reuse site is given a copy of the declaration and the output worksheet generated when using the Beneficial Reuse Assessment Tool. O. Reg. 775/20, s. 4 (4). (5.1) If the qualified person described in subsection (2) is retained by a person other than the operator of the reuse site, including by the project leader of the site from which the excess soil is excavated, then before the person responsible for the retaining permits any excess soil that is subject to a site-specific excess soil quality standard to be deposited at the reuse site, (a)  the person who retained the qualified person or the qualified person shall ensure that the operator of the reuse site receives the declaration and output worksheet mentioned in clause (5) (b) and any other reports the qualified person prepares in respect of the reuse site to support the development of the site-specific excess soil quality standard; and (b)  the qualified person shall ensure that the reuse site operator is authorized to rely on the documents mentioned in clause (a), with that reliance to be based on any assumptions, reuse site characteristics or other conditions that apply to the site-specific excess soil quality standard that the qualified person developed when using the Beneficial Reuse Assessment Tool. O. Reg. 775/20, s. 4 (4). (6) A Director may, by written notice provided to the operator of the reuse site, authorize an extension, not exceeding five years, of the two-year period mentioned in paragraph 5 of subsection (1), if the Director is satisfied that, (a)  the extension is necessary in order for the excess soil to be used for a beneficial purpose; and (b)  the extension will not result in an adverse effect. O. Reg. 406/19, s. 5 (6). (7) Paragraph 5 of subsection (1) does not apply if the excess soil is to be finally placed at a reuse site that is part of an undertaking related to infrastructure. O. Reg. 406/19, s. 5 (7).