Site exemptions

2 min. readlast update: 11.20.2023

Ontario only. Does your site qualify as exempt from Ontario's soil regulations. NOTE: Phil does not profide any professional guidance here, this is all at your own risk.

Examples of exemptions include:

Low-Risk Site

  1. Low-Risk Site - The Excess Soil Regulation was amended to provide an exemption from the reuse planning requirements for some projects that are within an area of settlement and will remove 2000 cubic metres or more of excess soil. These projects will not be triggered if the whole project area is being used, or was most recently used, for an agricultural or other use, a residential use, a parkland use, or an institutional (e.g., schools) use, as defined in the Records of Site Condition Regulation (O. Reg. 153/04).
  • Low-Risk Site – Agricultural
  • Low-Risk Site – Parkland
  • Low-Risk Site – Institutional
  • Low-Risk Site – Residential

<100 cu.m. directly to a waste disposal site 

Less than 100 m3 of excess soil is being removed from the project area and being directly transported to a waste disposal site that is not a Class 2 soil management site, such as a landfill

Emergency Excess Soil Removal 

The reason for the removal of excess soil is in response to an emergency, such as an existing danger to the health or safety of any person, a serious risk of injury or damage to any property or to any plant or animal life, or to respond to a spill

Fit State of Repair 

Projects that are related to maintaining infrastructure in a “fit state of repair” other than excavation of excess soil from a stormwater management pond

Topsoil (non-contaminated) 

The excavation of topsoil which is transported directly for reuse as topsoil at a reuse site, and there is a low risk of contamination (the project area has never been an enhanced project investigation area, and the primary purpose of the project where the excess soil was removed from was not the remediation of contaminated land)

Infrastructure Project to be reused by a Public Body 

The excess soil is excavated as a part of an infrastructure project and after removal from the project area, the excess soil is being reused (finally placed) at a reuse site owned by the same project leader or a public body as part of an undertaking related to another infrastructure project

Enhanced Investigation Property.

Remediation of contaminated soil.

 

Please see additional detail available on the official website: https://www.ontario.ca/laws/regulation/040153

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