Nearly every construction project in Ontario digs up soil that has to go somewhere. Ontario’s On-Site and Excess Soil Management Regulation, O. Reg. 406/19, sets out who is responsible for that soil and what has to be done before it leaves the site.
You are probably the project leader
The regulation puts the main responsibility on the project leader, the person or organization ultimately in charge of the project. For most developments, that is the owner or developer, not the excavation contractor. The project leader has to make sure excess soil is characterized, tracked and sent to a site that can legally accept it.
What planning may be required
Depending on the size of the project and the history of the site, the regulation can require some or all of the following before soil is moved:
- An assessment of past uses of the project area
- A sampling and analysis plan
- A soil characterization report
- An excess soil destination assessment report
- A notice filed on the provincial Excess Soil Registry
- A tracking system that follows each load to its destination
Smaller projects and certain types of work have reduced requirements or exemptions, and the rules have been amended since they first took effect. Check the current requirements for your project early.
How to keep your excavation moving
- Plan during design. Soil characterization takes time. Start it before excavation tenders go out, so the contractor can price disposal and reuse accurately.
- Reuse your Phase II data. A Phase II designed with excess soil in mind can reduce or replace additional sampling.
- Look for reuse. Reusing soil on site or at a nearby project can cut hauling and tipping costs significantly.
- Track every load. Good records protect you if soil turns up somewhere it should not.
Receiving fill
If your site is receiving fill, you also need to be confident it meets the right quality standards for your property. Ask for documentation and verify it.
This article is general information, not legal advice. Always confirm the current version of the regulation and any municipal by-laws that apply to your site.