b'EXCESS SOIL EXCESS SOILRECOGNIZING EXCESS SOIL AS A VALUABLE RESOURCENew regulations aimed at ultimately ensuring an even playing field for all contractorsBY KRISHA RUCHLEWICZJ anuary 1, 2021expense on the onset of a project,tender package. The report will officially marked thethey are intended to recognizeidentify soil composition, past uses, On-Site and Excess Soilexcess soil as a valuable resourcecontaminants volumes, among Management Regulationand increase its reuse, ultimatelyothers, and will ultimately assist 406/19 under theensuring an even playing field for allsuppliers in establishing a more Environmental Protectioncontractors bidding on such works.accurate price for the handling Act coming into force,and removal of excess soil. in addition to the Rules for SoilOne of the most significant Management and Excess Soil Qualitychanges that the regulationThe regulation, too, imposes Standards. January 1, 2021 was thetriggers is the responsibility ofnew obligations on operators. first of several phase-in dates andthe appropriate assessment,Beginning in 2022, operators will includes the commencement ofmanagement and relocation ofneed to engage their own qualified risk-based standards, waste desig- excess soil. The regulation unam- person(s) as a part of the Project, nation and approvals.biguously notes that the ultimateto satisfy the Soil Management responsibility for all aspects of thePlan and Sampling requirements On January 1, 2022, the substantiveexcess soil is that of the Project(i.e., monitor, test and report on amendments, which are of greatestLeader, which is defined as thethe excavated material). Operators importance to our Associationperson(s) ultimately responsible forwill further be required to utilize members, come into force, includingmaking decisions relating to thean electronic tracking system for testing, tracking and registration ofplanning and implementation onthe hauling of excess materials in the movement of excess soils to andthe project.order to demonstrate the delivery from the source and receiving sites.of soil along the prescribed haul On January 1, 2025, the restrictionsFurther to this responsibility,route, without deviation. on landfilling soils for disposalthe Project Leader is required which meet residential quality forto engage a qualified person(s)While many of the elements and potable groundwater use areas comeand prepare a comprehensivechanging obligations within the into force.soil report to be included in theregulation are clearly defined, Considering the depth and breadth of these changes, the sum of which overhauls how earthworksIT IS IMPERATIVE THAT WHETHER YOU ARE projects are designed, tendered, constructed, and managed in the province, it is imperative thatA DEVELOPER, MUNICIPALITY, PRIVATE whether you are a developer, municipality, private infrastructure owner, or constructor, all partiesINFRASTRUCTURE OWNER, OR CONSTRUCTOR, are aware of the new, significant and changing obligations. ALL PARTIES ARE AWARE OF THE NEW, While the suite of regulations will create an additional administrativeSIGNIFICANT, AND CHANGING OBLIGATIONSburden and may increase the 38 H 2 OSWCAWinter 2020/2021'