7.
 7. (1) The management of excess soil that is dry soil at a retail landscaping soil depot or a residential development soil depot is exempt from sections 27, 40 and 41 of the Act if the following conditions are met: 1.  The amount of excess soil stored at the retail landscaping soil depot or residential development soil depot at any one time must not exceed the amount set out in the Soil Rules for the purposes of this section. 2.  If the retail landscaping soil depot or residential development soil depot is operated on land owned by another person, the operator must obtain the written consent of the owner of the land to operate the depot. 3.  The operator of the retail landscaping soil depot or residential development soil depot must ensure that the quality of the excess soil accepted and managed at the depot meets the excess soil quality standards set out in the Soil Rules for the purpose of this section. 4.  If excess soil is processed while being stored at the retail landscaping soil depot or residential development soil depot, 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, 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 for the purpose of removing debris. 5.  The operator of a retail landscaping soil depot must provide written notice to the Director in accordance with subsection (3), i.  before the excess soil begins to be deposited at the retail landscaping soil depot, if the depot commences operation on or after January 1, 2021, or ii.  within 90 days after January 1, 2021, if the depot was operating before that date. 6.  The operator of a residential development soil depot must ensure that a notice described in subsection (4) is filed in the Registry, i.  before the excess soil begins to be deposited at the residential development soil depot, if the depot commences operation on or after January 1, 2023, or ii.  if the depot was operating before January 1, 2023, on January 1, 2023. 7.  Excess soil from a residential development soil depot must not be deposited for final placement in respect of an undertaking at any reuse site identified in the Soil Rules for the purposes of this provision. 8.  The operator of the depot must only operate either a retail landscaping soil depot or a residential development soil depot, not both. 9.  The operator of a retail landscaping soil depot must provide written notice of the closure of the depot to the Director in accordance with subsection (5) within 90 days after the closure of the depot. 10.  Any other conditions set out in the Soil Rules with respect to the deposit and storage of excess soil at a retail landscaping soil depot or residential development soil depot must be met. O. Reg. 775/20, s. 6; O. Reg. 388/22, s. 1 (1). (2) Before excess soil is managed at the retail landscaping soil depot or residential development soil depot after December 31, 2020, the owner or operator of the depot shall ensure that the following steps are taken: 1.  Procedures are developed and applied to account for every load of excess soil to be deposited at the retail landscaping soil depot or residential development soil depot. 2.  Procedures are developed and applied to ensure that the storage of excess soil at the retail landscaping soil depot or residential development soil depot does not cause an adverse effect. O. Reg. 775/20, s. 6. (3) For the purposes of paragraph 5 of subsection (1), the written notice must include the following: 1.  The location of the retail landscaping soil depot. 2.  The name of the operator of the retail landscaping soil depot. 3.  If the operator does not own the property on which the retail landscaping soil depot is located, a letter from the owner of the property indicating that the owner has given the operator consent to operate the depot on the property. 4.  If the operator does not own the property on which the retail landscaping soil depot is located, the name, mailing address, postal code, telephone number and email address of the owner. 5.  If the retail landscaping soil depot commences operations on or after January 1, 2021, the date on which the storage and, if applicable, processing, of excess soil is expected to begin. 6.  If the retail landscaping soil depot is in operation before January 1, 2021, an estimate of the amount of excess soil stored at the site. 7.  If an instrument mentioned in paragraph 4 of subsection 3 (2) has been issued governing the retail landscaping soil depot, identification of the body that issued the instrument, the date the instrument was issued and to whom the instrument is issued, and, if there is an instrument identification number, that number. 8.  A declaration by the owner or operator of the retail landscaping soil depot stating that the steps described in paragraphs 1 and 2 of subsection (2) have been and will continue to be taken. O. Reg. 775/20, s. 6. (4) For the purposes of paragraph 6 of subsection (1), the notice filed in the Registry must include the following: 1.  The location of the residential development soil depot. 2.  The name of the operator of the residential development soil depot. 3.  If the residential development soil depot commences operations on or after January 1, 2023, the date on which the storage and, if applicable, processing, of excess soil is expected to begin. 4.  If the operator does not own the property on which the residential development soil depot is located, the name, mailing address, postal code, telephone number and email address of the owner. 5.  If the residential development soil depot is in operation before January 1, 2023, an estimate of the amount excess soil stored at the site. 6.  If an instrument mentioned in paragraph 4 of subsection 3 (2) has been issued governing the residential development soil depot, identification of the body that issued the instrument, the date the instrument was issued and to whom the instrument is issued, and if there is an instrument identification number, that number. 7.  A declaration by the owner or operator of the residential development soil depot, stating that the steps described in paragraphs 1 and 2 of subsection (2) have been and will continue to be taken. O. Reg. 775/20, s. 6; O. Reg. 388/22, s. 1 (2, 3). (5) For the purposes of paragraph 9 of subsection (1), the written notice must include the following: 1.  The location of the retail landscaping soil depot. 2.  The date when the depot ceased operations. 3.  Confirmation that all excess soil has been removed from the depot. O. Reg. 775/20, s. 6. (6) If the operator of a retail landscaping soil depot becomes aware that any information in the written notice mentioned in paragraph 5 of subsection (1) is no longer complete or accurate, the operator must ensure that the Director is notified and provided with the completed or corrected information within 30 days after the day the operator becomes aware that the information is no longer complete or accurate. O. Reg. 775/20, s. 6. (7) If the operator of the residential development soil depot becomes aware that the notice filed in the Registry in respect of the depot is no longer complete or accurate, the operator shall ensure that the notice is updated within 30 days after the day the operator becomes aware that the information is no longer complete or accurate. O. Reg. 775/20, s. 6. (8) Where a residential development soil depot closes, the operator of the depot must update the notice filed in the Registry within 30 days after closure of the depot and must indicate the date when the depot ceased operations. O. Reg. 775/20, s. 6. Registry