O. Reg. 555/22: ON-SITE AND EXCESS SOIL MANAGEMENT

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ontario regulation 555/22

made under the

environmental protection act

Made: December 8, 2022
Filed: December 9, 2022
Published on e-Laws: December 9, 2022
Printed in The Ontario Gazette: December 24, 2022

Amending O. Reg. 406/19

(ON-SITE AND EXCESS SOIL MANAGEMENT)

1. The definition of “infrastructure” in subsection 1 (1) of Ontario Regulation 406/19 is amended by adding the following clause:

(d.1)  drainage works within the meaning of the Drainage Act,

2. (1) Subsection 8 (1) of the Regulation is amended by adding “respecting a project area described in subsection (1.1)” after “the project leader for a project”.

(2) Section 8 of the Regulation is amended by adding the following subsection:

(1.1) A project area to which subsection (1) applies is one that meets any of the following criteria:

1.  After making reasonable efforts to take into consideration any past reports about past uses and activities respecting the project area, the project leader is of the opinion that the project area is or has ever been, in whole or in part, an enhanced investigation project area, except if,

i.  a record of site condition has been filed in respect of the enhanced investigation project area under Part XV.1 of the Act and the record of site condition does not contain a certification made under subparagraph 4 ii of subsection 168.4 (1) of the Act in respect of a risk assessment, and

ii.  no part of the project area has been used as an enhanced investigation project area since the filing of the record of site condition mentioned in subparagraph i.

2.  Any part of the project area is located in an area of settlement within the meaning of the Planning Act and the amount of soil to be removed from the project area is 2,000 m³ or more, unless the whole project area is currently used for, or in the case of an unused area, its most recent use was for, any of the following within the meaning of Ontario Regulation 153/04:

i.  A residential use.

ii.  An institutional use.

iii.  A parkland use.

iv.  An agricultural or other use.

3.  All or part of the project area is being remediated by excavating and removing excess soil from the project area for the purpose of reducing the concentration of contaminants on, in or under the project area, including remediating the project area for the purpose of filing a record of site condition under Part XV.1 of the Act.

3. Subsection 11 (1) of the Regulation is amended by striking out “and section 14”.

4. Subsection 12 (1) of the Regulation is amended by striking out “and section 14”.

5. Subsection 13 (1) of the Regulation is amended by striking out “Subject to section 14, if” at the beginning, and substituting “If”.

6. Section 14 of the Regulation is revoked.

7. Section 1 of Schedule 2 to the Regulation is revoked.

Commencement

8. This Regulation comes into force on the later of January 1, 2023 and the day this Regulation is filed.

 

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