Ontario Regulation 174/24 made under the Environmental Protection Act Made: April 11, 2024 Filed: April 23, 2024 Published on e-Laws: April 23, 2024 Published in The Ontario Gazette: May 11, 2024 Amending O. Reg. 406/19 (ON-SITE AND EXCESS SOIL MANAGEMENT) 1. (1) The definition of “Class 2 soil management site” in subsection 1 (1) of Ontario Regulation 406/19 is revoked and the following substituted: “Class 2 soil management site” means a waste disposal site at which excess soil is managed on a temporary basis and that is, (a)  located on a property or adjoining properties owned or controlled by a public body or by the project leader for the project or projects from which the excess soil was excavated, and (b)  operated by or on behalf of the project leader for the project from which the excess soil was excavated; (“site de gestion des sols de catégorie 2”) (2) The definition of “Excess Soil Standards” in subsection 1 (1) of the Regulation is amended by striking out “December 8, 2020” and substituting “February 19, 2024”. (3) Subsection 1 (1) of the Regulation is amended by adding the following definition: “landscaping soil depot” means a soil bank storage site that is operated for the purpose of producing landscaping or gardening products to meet a realistic market demand; (“dépôt de sols pour aménagement paysager”) (4) The definition of “retail landscaping soil depot” in subsection 1 (1) of the Regulation is revoked. (5) Subsection 1 (1) of the Regulation is amended by adding the following definition: “salt-impacted excess soil” means excess soil that exceeds one or more standards set out in the Excess Soil Standards solely because a substance was applied, for the safety of vehicular or pedestrian traffic under conditions of snow or ice or both, to the surface of all or part of a project area from which the excess soil was excavated; (“sols de déblai contaminés par des sels”) (6) The definition of “topsoil” in subsection 1 (1) of the Regulation is revoked and the following substituted: “topsoil” means, subject to subsection (2.1), those horizons in a soil profile, commonly known as the “O” and the “A” horizons, containing organic material; (“sol arable”) (7) Section 1 of the Regulation is amended by adding the following subsection: (2.1) For the purposes of the definition of “topsoil” in subsection (1), if soil has been disturbed or excavated such that the horizons in the soil profile are no longer evident, it is considered to be topsoil if it consists of, (a)  solely a mixture of soil and organic material; and (b)  at least as much organic material as would be found in the “O” and the “A” horizons in a typical soil profile of topsoil that has not been disturbed or excavated. (8) Section 1 of the Regulation is amended by adding the following subsection: (5) For the purposes of this Regulation, (a)  the use of a project area or a reuse site is its actual use and not the use for which it is zoned; and (b)  if a project area or reuse site has no actual use, its use is deemed to be its most recent actual use. 2. (1) Subsection 3 (1) of the Regulation is amended by striking out “Subject to subsection (2)” at the beginning and substituting “Subject to subsections (2), (2.1) and (2.2)”. (2) Paragraphs 1 and 2 of subsection 3 (2) of the Regulation are revoked and the following substituted: 1.  The excess soil is directly transported to a reuse site from a project area, a Class 1 soil management site, a Class 2 soil management site, a local waste transfer facility or another reuse site. 2.  Except if the owner or operator of the reuse site is the project leader for the project from which the excess soil was delivered, the owner or operator of the reuse site or a person authorized by the owner or operator has consented in writing to the deposit of excess soil at the reuse site and, if the excess soil to be deposited includes salt-impacted excess soil, the consent expressly acknowledges acceptance of salt-impacted excess soil. (3) Subsection 3 (2) of the Regulation is amended by adding the following paragraph: 3.1  If excess soil is to be deposited at a reuse site at which it will not be used for an identified beneficial purpose in connection with a specific undertaking, including one mentioned in paragraph 2 of subsection 5 (1), the deposit of the excess soil must be governed by a site-specific instrument mentioned in paragraph 4 of this subsection. (4) Section 3 of the Regulation is amended by adding the following subsections: (2.1) Excess soil that leaves a landscaping soil depot is not designated as waste if the following criteria are satisfied: 1.  The excess soil leaving the depot meets the soil quality standards set out in the Soil Rules for the purposes of this subsection. 2.  The excess soil leaving the depot is packaged as a landscaping or gardening product or is being sold in bulk and is directly transported to another person who will not process the excess soil and will sell the excess soil as a landscaping or gardening product. (2.2) Excess soil is not designated as waste if it is accepted at a landfilling site or dump and used, in accordance with the environmental compliance approval governing the landfilling site or dump, for the construction of roads or berms or to support any other type of ancillary use, other than daily cover or final cover, that supports the operation of the landfilling site or dump. (5) Subsection 3 (8) of the Regulation is revoked and the following substituted: (8) For greater certainty, excess soil that is transferred and used in the manner described in subparagraph 1 i of subsection 3 (2) of Regulation 347 is not designated as a waste for the purposes of subsection (1). 3. Section 4 of the Regulation is amended by adding the following subsections: (6) If the reuse site is governed by an instrument that does not include any provisions in relation to the period of time within which the excess soil must be finally placed after it is deposited at the reuse site, the condition set out in paragraph 5 of subsection 5 (1) must be satisfied. (7) If the reuse site is governed by an instrument that does not specify any requirements governing the final placement of the excess soil at the reuse site, the condition set out in paragraph 6 of subsection 5 (1) must be satisfied. 4. (1) Paragraphs 2 and 3 of subsection 5 (1) of the Regulation are revoked and the following substituted: 2.  Excess soil must not be deposited at the reuse site, whether to be stockpiled temporarily or for final placement, unless there is an identified beneficial purpose in connection with a specific undertaking for which the excess soil is to be used at the reuse site, including any of the following: i.  Backfilling an excavation at the reuse site to implement the undertaking. ii.  Achieving the grade necessary at the reuse site for, A.  landscaping, B.  an undertaking related to existing or planned infrastructure, or C.  an undertaking related to existing or planned development. iii.  The final placement of fill to assist in the rehabilitation of the reuse site. (2) Paragraph 6 of subsection 5 (1) of the Regulation is revoked and the following substituted: 6.  The excess soil must be finally placed in accordance with subsection (8) and any requirements set out in the Soil Rules. (3) Section 5 of the Regulation is amended by adding the following subsections: (8) Subject to subsection (9), for the purposes of paragraph 6 of subsection (1), the operator of a reuse site with one of the following uses shall ensure that a landscape plan is prepared in accordance with the Soil Rules and by a person retained as mentioned in subsection (10) before salt-impacted excess soil is finally placed in one or more parts of the reuse site at which vegetation may be grown: 1.  Community use. 2.  Residential use. 3.  Parkland use. 4.  Institutional use. (9) A landscape plan mentioned in subsection (8) is not required in either of the following circumstances: 1.  The salt-impacted soil has been finally placed at the reuse site at a depth of at least 1.5 metres below the soil surface. 2.  The reuse site is owned or controlled by a public body that has developed and implemented a policy governing the final placement of salt-impacted excess soil at a location where vegetation may be grown at reuse sites it owns or controls. (10) The operator mentioned in subsection (8) shall retain one of the following to prepare a landscape plan mentioned in that subsection: 1.  A person who is authorized to use the designation of “Landscape Architect” under the Ontario Association of Landscape Architects Act, 1984. 2.  A person who is certified as a professional agrologist under the Ontario Institute of Professional Agrologists Act, 2013. 3.  A person who meets the qualifications set out in section 6 of Ontario Regulation 153/04. 5. (1) Paragraphs 1 to 3 of subsection 6 (4) of the Regulation are revoked and the following substituted: 1.  Collect the following: i.  Any information supplied by the manufacturer of the substance or other material, including any relevant safety data sheets and technical data sheets. ii.  Any analytical results from the manufacturer that demonstrate whether the substance or other material affects the concentration of contaminants in the dewatered or solidified soil. iii.  Information about whether the substance or other material may affect the sampling and analysis of the dewatered or solidified soil. iv.  The results of any sampling and analysis undertaken by the qualified person or supervisee for the purpose of determining the effect of the substance or material on the concentration of contaminants in the dewatered or solidified soil. v.  Any other information that, in the opinion of the qualified person or supervisee, is relevant to the use of the substance or other material. 2.  Ensure that any sampling and analysis undertaken by the qualified person or the supervisee for the purpose of determining the effect of the substance or material on the concentration of contaminants in the dewatered or solidified soil is undertaken in accordance with the Soil Rules. 3.  Develop written procedures for the appropriate and safe use of the substance or other material within the project area during the dewatering or solidification process, having regard to any relevant information collected under paragraph 1. 4.  Give a copy of the written procedures to the project leader or operator of the project area. 5.  If the project leader or operator of the project area indicates that, after the excess soil is dewatered or solidified, it will be deposited for final placement at a reuse site, determine whether, having regard to the information collected under paragraph 1, there is any basis to conclude that the storage or final placement of the dewatered or solidified excess soil at a reuse site would cause an adverse effect. 6.  If the determination under paragraph 5 is that there is a basis for the conclusion mentioned in that paragraph, determine whether the qualified person or supervisee can develop instructions, including any restrictions, relating to the storage and final placement of the dewatered or solidified excess soil at the reuse site that, if followed, would prevent those adverse effects. 7.  If the determination under paragraph 5 is that there is no basis for the conclusion mentioned in that paragraph or if the determination under paragraph 6 is that the instructions mentioned in that paragraph can be developed, prepare and give to the project leader or operator of the project area 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.  A description of the way in which the substance or other material may have altered the physical characteristics of the dewatered or solidified excess soil, if any. iii.  Having regard to the information collected under paragraph 1, instructions, including any restrictions, relating to the storage and final placement at the reuse site of the dewatered or solidified excess soil, including to prevent any adverse effect mentioned in paragraph 5. iv.  A summary of the information collected under paragraph 1 and the reasoning for the determinations made under paragraphs 5 and 6. 8.  If the determination under paragraph 6 is that any adverse effect cannot be prevented by instructions mentioned in that paragraph, provide written notification to the project leader or operator of the project area that the excess soil should not be deposited for final placement at a reuse site, including a summary of the information collected under paragraph 1 and the reasoning for the determination. (2) Section 6 of the Regulation is amended by adding the following subsection: (4.1) If paragraph 8 of subsection (4) applies, the project leader or operator of the project area shall ensure that the excess soil is disposed of at a waste disposal site that is authorized under the environmental compliance approval governing the waste disposal site to accept the waste. (3) Subsection 6 (5) of the Regulation is amended by striking out “finally placed” in the portion before clause (a) and substituting “deposited for final placement”. (4) Clause 6 (5) (a) of the Regulation is amended by striking out “paragraph 3” and substituting “paragraph 7”. (5) Subsection 6 (7) of the Regulation is revoked. 6. Section 7 of the Regulation is revoked and the following substituted: Landscaping Soil Depots and Residential Development Soil Depots Exemption from ss. 27, 40 and 41 of the Act 7. (1) The management of excess soil that is dry soil at a landscaping soil depot or a residential development soil depot is exempt from sections 27, 40 and 41 of the Act if the owner or operator of the depot complies with subsections (2) to (5) of this section. (2) No owner or operator mentioned in subsection (1) shall operate both a landscaping soil depot and a residential development soil depot on a single property or adjoining properties. (3) If a depot mentioned in subsection (1) is operated on land owned by another person, the owner or operator shall obtain the written consent of the owner of the land to operate the depot. (4) The owner or operator of a depot mentioned in subsection (1) shall ensure that the amount of excess soil that is dry soil stored at the depot at any one time does not exceed 25,000 m3. (5) If excess soil is processed while being stored at a depot mentioned in subsection (1), the owner or operator shall ensure that it is processed in accordance with any requirements 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. vi.  If the depot is a landscaping soil depot, mixing of soil with other materials for the purpose of creating a landscaping or gardening product. Additional requirements 7.1 (1) This section applies to the owner or operator of a landscaping soil depot or a residential development soil depot at which the management of excess soil that is dry soil is exempt from sections 27, 40 and 41 of the Act under subsection 7 (1) of this Regulation. (2) The owner or operator shall ensure the following: 1.  That subsections 7 (2) to (5) are complied with. 2.  That no liquid soil is deposited at the depot. 3.  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 paragraph. 4.  That the quality of the excess soil that leaves the depot meets the excess soil quality standards set out in the Soil Rules for the purpose of this paragraph. 5.  In the case of a residential development soil depot, that no excess soil from the depot is transported to a type of reuse site identified in the Soil Rules for the purposes of this paragraph. 6.  In the case of a landscaping soil depot, subject to subsection (3), that the excess soil that is deposited at the depot is removed from the depot no later than two years after it is first deposited at the depot. 7.  That any other requirements set out in the Soil Rules with respect to the deposit and management of excess soil and other materials at the depot are met. (3) A Director may, by written notice provided to the owner or operator of a landscaping soil depot, authorize an extension, not exceeding one year, of the two-year period mentioned in paragraph 6 of subsection (2), if the Director is satisfied that, (a)  the extension is necessary in order for the excess soil to be prepared or packaged as a product; (b)  the extension will not result in an adverse effect; and (c)  the owner or operator has provided an estimated date for the removal of the excess soil from the depot. (4) The owner or operator of a landscaping soil depot or residential development soil depot shall ensure that the following procedures are developed and applied at the depot, in accordance with the Soil Rules: 1.  Procedures to receive and account for every load of excess soil to be deposited at the depot. 2.  Procedures to ensure that the storage and processing of excess soil at the depot does not cause an adverse effect. 3.  Procedures to ensure that all relevant reports and information in respect of the excess soil to be deposited at the depot are obtained by the owner or operator before the excess soil is deposited at the depot. 4.  Procedures to ensure that before the owner or operator of the depot permits a load of excess soil to be deposited at the depot, the load is inspected by the owner or operator of the depot or a person acting on the owner or operator’s behalf to ensure the load is appropriate for depositing at the depot and that it is consistent with any reports and information referred to in paragraph 3. 5.  Any other procedures in respect of the operation of the depot as set out in the Soil Rules. (5) The owner or operator of a landscaping soil depot or residential development soil depot shall ensure that the following requirements are met: 1.  Fire-fighting equipment, spill clean-up and containment equipment appropriate for the types of waste expected to be at the depot shall be available at or near the depot. 2.  Access to the depot shall be controlled by gates, fencing, attendants or other security measures. 3.  Regular site inspections shall be undertaken to ensure the depot is secure and operations are not causing nuisances or adverse effects. 4.  Signs shall be posted and safeguards maintained for the prevention of accidents at the depot. (6) The owner or operator of a landscaping soil depot or residential development soil depot shall ensure that records in respect of the deposit and management of excess soil at the depot and any excess soil that leaves the depot are created in accordance with the Soil Rules and are retained at the depot. Notice requirements 7.2 (1) This section applies to the owner or operator of a landscaping soil depot or a residential development soil depot at which the management of excess soil that is dry soil is exempt from sections 27, 40 and 41 of the Act under subsection 7 (1) of this Regulation. (2) In the case of a landscaping soil depot, the owner or operator shall provide, in writing, the notice described in subsection (4) to the Director before the excess soil begins to be deposited at the depot. (3) In the case of a residential development soil depot, the owner or operator shall ensure that a notice described in subsection (4) is filed in the Registry before the excess soil begins to be deposited at the depot. (4) The notice shall include the following: 1.  The location of the depot. 2.  The name, mailing address, postal code, telephone number and email address of the operator. 3.  If the operator does not own the property on which the depot is located, i.  the name, mailing address, postal code, telephone number and email address of the owner, and ii.  in the case of a landscaping soil depot, 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 depot commences operations on or after the day Ontario Regulation 174/24 made under the Act comes into force, the date on which the storage and, if applicable, processing, of excess soil is expected to begin. 5.  If the depot is in operation before the day Ontario Regulation 174/24 made under the Act comes into force, an estimate of the amount of excess soil stored at the depot. 6.  If an instrument mentioned in paragraph 4 of subsection 3 (2) has been issued governing the 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 depot stating that the procedures described in subsection 7.1 (4) have been developed and applied and will continue to be applied. (5) If the owner or operator becomes aware that any information in the notice described in subsection (4) is no longer complete or accurate, the owner or operator must ensure that, (a)  in the case of a landscaping soil depot, the Director is notified and provided with the completed or corrected information within 30 days after the day the owner or operator becomes aware that the information is no longer complete or accurate; or (b)  in the case of a residential development soil depot, the notice is updated within 30 days after the day the owner or operator becomes aware that the information is no longer complete or accurate. (6) Despite subsections (2) and (3), if the depot is in operation before the day Ontario Regulation 174/24 made under the Act comes into force and the owner or operator did not previously provide a written notice or ensure that a notice was filed in the Registry, as applicable, the owner or operator shall do so no later than 90 days after the day Ontario Regulation 174/24 made under the Act comes into force. Closure 7.3 (1) This section applies to the owner or operator of a landscaping soil depot or a residential development soil depot at which the management of excess soil that is dry soil is exempt is exempt from sections 27, 40 and 41 of the Act under subsection 7 (1) of this Regulation if the depot closes permanently. (2) The owner or operator of the depot shall ensure that all excess soil is removed from the depot before the closure of the depot. (3) In the case of a landscaping soil depot, the owner or operator of the depot shall provide written notice of the closure to the Director within 90 days after the closure of the depot, including the following information: 1.  The location of the depot. 2.  The date of the closure. 3.  Confirmation that all excess soil has been removed from the depot. (4) In the case of a residential development soil depot, the owner or operator shall update the notice filed in the Registry within 30 days after the closure to indicate the date of the closure. 7. Paragraph 2 of subsection 8 (1.1) of the Regulation is amended by striking out “unless the whole project area is currently used for, or in the case of an unused area, its most recent use was for” in the portion before subparagraph i and substituting “unless the whole project area is used for”. 8. Subparagraph 4 i of subsection 17 (3) of the Regulation is revoked and the following substituted: i.  any valves that are part of the vehicle transporting the liquid soil 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 9. (1) Paragraph 1 of subsection 18 (1) of the Regulation is revoked and the following substituted: 1.  The location of the site at which the excess soil was loaded for transportation. (2) Subsection 18 (1) of the Regulation is amended by adding the following paragraph: 3.1  An indication of whether the load includes salt-impacted excess soil. (3) Paragraph 4 of subsection 18 (1) of the Regulation is amended by striking out “The name of an individual” at the beginning and substituting “The name, telephone number and email address of an individual at the site mentioned in paragraph 1”. (4) Paragraph 6 of subsection 18 (1) of the Regulation is revoked and the following substituted: 6.  The location of the site at which the excess soil is to be deposited. 7.  The name, telephone number and email address of an individual at the site mentioned in paragraph 6 who may be contacted to respond to inquiries regarding the deposit of the excess soil. (5) Section 18 of the Regulation is amended by adding the following subsections: (1.1) Before a load of excess soil is removed by a vehicle from a site, the owner or operator of the site shall, (a)  ensure that a record including all information described in subsection (1) has been created; and (b)  confirm in the record that the information set out in the record is accurate. (1.2) If a vehicle load of excess soil is from two or more project areas, each project area shall be recorded in one record and subsections (1) and (1.1) apply in respect of each project area identified in the record. (6) Subsection 18 (3) of the Regulation is revoked and the following substituted: (3) The person who is operating a vehicle for the purpose of transporting excess soil shall give a copy of the record mentioned in subsection (1) that includes the information required under subsection (2) to the following: 1.  The individual mentioned in subsection (1.1) or the operator of the site at which the excess soil was loaded. 2.  The individual mentioned in paragraph 2 of subsection (2) or the operator of the site at which the excess soil was deposited. (4) For greater certainty, an electronic tracking system may be used for the purposes of complying with this section. (5) This section does not apply if the person who is operating a vehicle for the purpose of transporting excess soil provides, to any provincial officer upon request, the information described in paragraphs 1 to 7 of subsection (1) and one of the following criteria is satisfied: 1.  Excess soil that is dry soil is being transported from a project area and the total amount of soil to be removed from the project area in respect of the project is 5 m3 or less. 2.  Excess soil that is dry soil is being transported to a reuse site for final placement in respect of an undertaking and the total amount of excess soil that is required for that undertaking is 5 m3 or less. 3.  The excess soil that is being transported is packaged as a landscaping or gardening product. 10. The Regulation is amended by adding the following section : Contingency measures 18.1 The owner or operator of the site at which the excess soil is loaded for transportation shall identify contingency measures to be implemented in the event that the excess soil cannot be deposited at the site mentioned in paragraph 6 of subsection 18 (1), including the location of an alternate site at which the excess soil may be deposited or the circumstances in which the excess soil should be returned to the site at which it was loaded, and communicate those contingency measures to the person who is operating the vehicle for the purpose of transporting the excess soil. 11. Paragraph 2 of subsection 19 (4) of the Regulation is amended by striking out “finally placed” at the end and substituting “deposited for final placement”. 12. Section 21 of the Regulation is revoked and the following substituted: Class 2 soil management site, exemption from ss. 27, 40 and 41 of the Act 21. (1) In this section, “project leader” means, in respect of a Class 2 soil management site at which excess soil is managed, the project leader for the project from which the excess soil was excavated. (2) 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 project leader or the operator of the site complies with subsections (3) to (6) of this section. (3) No project leader or operator of the site shall cause or permit the deposit of excess soil at the site other than excess soil in respect of projects of the project leader. (4) If the site is operated on land owned by a person other than the project leader, the project leader or the operator of the site shall obtain the written consent of the owner of the land to operate the site. (5) If the project leader is not a public body, the project leader or operator of the site shall ensure that the amount of excess soil that is dry soil stored at the site at any one time does not exceed 25,000 m3. (6) If excess soil is processed while being stored at the site, the project leader or operator of the site shall ensure that it is processed in accordance with any requirements governing the processing that are set out in the Soil Rules and by one of the following methods: 1.  Passive aeration. 2.  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. 3.  Soil turning. 4.  Size-based sorting. 5.  Sorting it for the purpose of removing debris. Class 2 soil management site, additional requirements 21.1 (1) In this section, “project leader” means, in respect of a Class 2 soil management site at which excess soil is managed, the project leader for the project from which the excess soil was excavated. (2) This section applies in respect of a Class 2 soil management site at which the management of excess soil that is dry soil is exempt from sections 27, 40 and 41 of the Act under subsection 21 (2). (3) Subject to subsection (4), before excess soil is deposited at the Class 2 soil management site, the project leader, the operator of the project area or the operator of that site shall do the following: 1.  Except if the owner of the reuse site is the project leader, ensure that written consent has been obtained from the operator of the reuse site at which the excess soil will be deposited. 2.  Ensure that a written record is prepared, setting out the following: i.  Identification of the intended reuse site at which the excess soil to be stored at the Class 2 soil management site will be deposited for final placement. ii.  If consent is required under paragraph 1, confirmation that the consent mentioned in that subparagraph has been obtained. (4) If there is any change in the intended reuse site, the project leader, the operator of the project area or the operator of the Class 2 soil management site shall obtain the consent referred to in paragraph 1 of subsection (3) and update the written record referred to in paragraph 2 of subsection (3). (5) If the conditions set out in subsection 8 (3) are satisfied in respect of the excess soil, subsection (3) shall be complied with as soon as possible after complying with section 12 in respect of the project area. (6) The project leader or the operator of the Class 2 soil management site shall ensure the following: 1.  That subsections 21 (3) to (6) are complied with. 2.  That no liquid soil is deposited at the depot. 3.  That the record mentioned in paragraph 2 of subsection (3) is made available while the excess soil is stored. 4.  Subject to subsection (7), that the excess soil is deposited for final placement at a reuse site no later than two years after the excess soil is first deposited at the Class 2 soil management site. 5.  That records in respect of the deposit and management of excess soil at the Class 2 soil management site and any excess soil that leaves the site are created in accordance with the Soil Rules and are retained at the site. 6.  That any other requirements set out in the Soil Rules with respect to the deposit and management of excess soil at a Class 2 soil management site are met. (7) The Director to whom written notice is provided under section 21.2 may authorize in writing an extension, not exceeding five years, of the two-year period mentioned in paragraph 4 of subsection (6), if the Director is satisfied that, (a)  the extension is necessary in order for the excess soil to be used at a reuse site; (b)  the extension will not result in an adverse effect; and (c)  the project leader or the operator of the Class 2 soil management site has provided an estimated date for the removal of the excess soil from the site. Class 2 soil management site, notice requirements 21.2 (1) In this section, “project leader” means, in respect of a Class 2 soil management site at which excess soil is managed, the project leader for the project from which the excess soil was excavated. (2) This section applies in respect of a Class 2 soil management site at which the management of excess soil that is dry soil is exempt from sections 27, 40 and 41 of the Act under subsection 21 (2). (3) The project leader or the operator of the site shall provide written notice to the Director in accordance with subsection (4) before the excess soil begins to be deposited at the site. (4) The notice shall include the following: 1.  The location of the Class 2 soil management site. 2.  The quantity of excess soil to be deposited at the site, and, if known, its quality. 3.  The name, mailing address, postal code, telephone number and email address of the project leader and an indication whether the project leader is a public body. 4.  If the site is not operated by the project leader, the name, mailing address, postal code, telephone number and email address of the operator of the site. 5.  The date on which the storage of the excess soil at the site is expected to begin and the date on which it is expected to end. (5) If the project leader or the operator of the site becomes aware that any information in the written notice described in subsection (4) is no longer complete or accurate, they shall ensure that, within 30 days after the day they become aware, the Director is notified and provided with the completed or corrected information. Closure 21.3 (1) This section applies to a Class 2 soil management site at which the management of excess soil that is dry soil is exempt from sections 27, 40 and 41 of the Act under subsection 21 (2) if the site closes permanently. (2) The project leader for the project from which the excess soil was excavated or the operator of the site shall, (a)  ensure that all excess soil is removed from the site before the closure of the site; and (b)  provide written notice of the closure, including the information described in subsection (3), to the Director within 90 days after the closure of the site. (3) For the purposes of clause (2) (b), the notice must include the following: 1.  The location of the site. 2.  The date of the closure. 3.  Confirmation that all excess soil has been removed from the site. Local waste transfer facility 21.4 (1) The person who owns or controls a local waste transfer facility shall ensure that the quantity of excess soil that is liquid soil and that is managed at the facility at any one time does not exceed 10,000 m3. (2) Subject to subsection (4), the person who owns or controls a local waste transfer facility shall ensure that the quantity of excess soil, including excess soil that is liquid soil, that is managed at the facility at any one time does not exceed 25,000 m3. (3) For the purposes of subsections (1) and (2), when determining the quantity of liquid soil managed at a local waste transfer facility at any one time, the volume of liquid that is removed as a result of dewatering the liquid soil and that is managed at the facility at that time shall be included in the amount. (4) Subsection (2) does not apply if the person who owns or controls the local waste transfer facility is a public body. (5) Subject to subsection (6), the person who owns or controls a local waste transfer facility shall ensure that excess soil deposited at the facility is removed from the facility no later than two years after the excess soil is first deposited at the facility. (6) A Director may authorize in writing an extension, not exceeding five years, of the two-year period mentioned in subsection (5), if the Director is satisfied that, (a)  the extension is necessary in order for the excess soil to be used at a reuse site; (b)  the extension will not result in an adverse effect; and (c)  the person who owns or controls the local waste transfer facility has provided an estimated date for the removal of the excess soil from the facility. (7) Despite there being no authority under Regulation 347 for waste to be processed at a local waste transfer facility, if the person who owns or controls the local waste transfer facility is a public body or 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), (4.1), (5) and (6) apply, with necessary modifications, to the processing of the excess soil. (8) The person who owns or controls a local waste transfer facility shall ensure that records in respect of the deposit and management of excess soil at the facility and any excess soil that leaves the facility are created in accordance with the Soil Rules and are retained at the facility. 13. Subsection 22 (3) of the Regulation is amended by striking out “finally place the excess soil” and substituting “deposit the excess soil for final placement”. 14. Section 24 of the Regulation is amended by striking out “retail landscaping soil depot” and substituting “landscaping soil depot”. 15. Section 25 of the Regulation is revoked. 16. Subsection 28 (1) of the Regulation is amended by striking out “subsection (3)” in the portion before paragraph 1 and substituting “subsections (3) and (5)”. 17. Section 29 of the Regulation is revoked and the following substituted: Application of Ontario Water Resources Act 29. For greater certainty, nothing in this Regulation 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. 18. (1) The English version of paragraph 8 of Schedule 1 to the Regulation is amended by striking out “finally placed” and substituting “deposited for final placement”. (2) Paragraph 12 of Schedule 1 to the Regulation is amended by striking out “deposited for the purposes of final placement” in the portion before clause (a) and substituting “deposited for final placement”. 19. (1) Paragraph 1 of section 2 of Schedule 2 to the Regulation is revoked and the following substituted: 1.  The amount of soil to be removed from the project area is 100 m3 or less. (2) Sections 3 and 4 of Schedule 2 to the Regulation are revoked and the following substituted: 3. The reason for excavating the soil that will become excess soil is one of the following: 1.  To alleviate an immediate danger to human life, the health of any persons, the natural environment, or to property. 2.  The duty imposed by subsection 93 (1) of the Act. 3.  An order made by any authority with jurisdiction to make the order. 4.  Maintaining infrastructure in a fit state of repair, except if the excavation of soil is from a stormwater management pond for the purpose of maintaining the facility in a fit state of repair. 4. All of the following circumstances apply: 1.  The project area is subject to section 8 by reason only of paragraph 2 of subsection 8 (1.1). 2.  The excavated soil is only topsoil. 3.  The topsoil is transported directly to a reuse site from the project area for use as topsoil at the reuse site. 5. All of the following circumstances apply: 1.  The soil is excavated from an area within an enhanced investigation project area. 2.  The amount of excavated soil is 100 m3 or less. 3.  The project is a landscaping project, involving only landscape care and maintenance services, installing or replacing lamp posts, light poles, trees, shrubs, plants, lawns or gardens, and the construction of walkways, retaining walls, decks, fences and ponds. 4.  Based on a report prepared by or under the supervision of a qualified person, including an assessment of past uses under section 11, it has been demonstrated that the part of the enhanced investigation project area from which the soil will be excavated is not likely to have been affected by the discharge of a contaminant. (3) Paragraph 2 of section 6 of Schedule 2 to the Regulation is amended by striking out “finally place it” and substituting “deposit it for final placement”. Commencement 20. (1) Except as otherwise provided in this section, this Regulation comes into force on the day it is filed. (2) Section 13 comes into force on the later of January 1, 2025 and the day this Regulation is filed.   Français