Excess soil transportation

Introduction

In this fact sheet, you can find information on how O. Reg. 406/19: On-site and Excess Soil Management (the regulation) relates to the transportation of excess soil, including liquid soil, and requirements for individuals involved in the transportation of excess soil.

This information will be of interest to:

• an operator of a vehicle transporting excess soil, including liquid soil (hauler)
• individuals responsible for excess soil management at a project area (a site that generates excess soil, sometimes referred to as the source site) such as the project leader or qualified person
• individuals responsible for operation of reuse sites and other sites receiving excess soil
• any other individuals responsible for excess soil transportation, storage, processing, reuse or disposal

Overview of regulatory requirements

As of January 1, 2021:

• haulers are responsible for having key information available at all times during transportation related to the excess soil they are transporting (for example, locations excess soil is transported to and from, date, time and quantity loaded)
• the location where excess soil is to be transported to will be provided to the hauler, by the project leader, or another designate at the project area
• new requirements for vehicles that are used in the transportation of excess soil must ensure its safe containment during transportation, with additional requirements for liquid soil

As of January 1, 2023:

• haulers are required to carry a physical or electronic hauling record during all times of transport
• hauler must provide the hauling record to the site which will be accepting the excess soil for deposit for a beneficial reuse, or for temporary storage, processing or disposal

Note: The regulation applies to excess soil but does not apply in respect of hazardous waste, asbestos waste or other types of waste within the meaning of Regulation 347. Regulatory rules for the transportation or management of these materials continue to apply.

Vehicle requirements for hauling excess soil

Under the regulation, a waste-related environmental compliance approval (ECA) or environmental activity and sector registry (EASR) is not required for the transportation of dry or liquid soil. There are, however, regulatory requirements that apply to the hauling of excess soil. The owner and operator of a vehicle transporting excess soil must ensure that the excess soil is collected and transported in accordance with the following rules:

• the excess soil is collected and transported in a vehicle that has been constructed to enable the excess soil to be transferred safely and without nuisance
• bodies of vehicles are constructed to withstand abrasion and corrosion from the excess soil (not including normal wear and tear)
• bodies of vehicles are leakproof and covered where necessary to prevent the emission of offensive odours, the falling or blowing of material from the vehicle or the release of dust or other airborne materials that may cause air pollution

In addition, the owner and operator of a vehicle that is transporting liquid soil:

• are required to ensure that valves that are part of the vehicle have a locking system and are locked when the vehicle contains liquid soil and the owner or operator of the vehicle is not present
• must be present whenever liquid soil is being transferred into and out of the vehicle

Hauling information

As of January 1, 2021, the operator of a vehicle transporting excess soil is required to provide information to a provincial officer upon request at any time during the transportation of excess soil. This requirement applies to all movements of excess soil, regardless of the size or type of project area or receiving site, including reuse sites, soil banks and landfills. The hauler must not leave a project area with excess soil without this information or record. As of January 1, 2023, this information must be in the form of a hauling record, but prior to that date the form is not specified and could be verbal.

The information an excess soil hauler must have is provided by or confirmed by the project leader, operator or another person designated by the project leader as responsible for the transportation of excess soil from the project area. In particular, the location the excess soil is to be deposited must be confirmed as the project leader, amongst others, has responsibility to ensure the excess soil is taken to an appropriate reuse or other deposit site.

Hauling information details

The information that is required to be provided by a hauler to a provincial officer upon request, verbally or in another form prior to January 1, 2023, includes:

• the location where the excess soil was loaded for transportation
• the date and time the excess soil was loaded for transportation
• the quantity of excess soil in the load
• the name of an individual who may be contacted to respond to inquiries regarding the load, including inquiries regarding the excess soil quality
• the name of the corporation, partnership or firm transporting the excess soil
• the name of the driver of the vehicle and the number plates issued for the vehicle under the Highway Traffic Act
• the location at which the excess soil is to be deposited

Hauling record

As of January 1, 2023, the information required to be available from a hauler during transportation must be in the form of an electronic or physical hauling record that is carried by the hauler at all times during transportation. The hauler must not leave a project area with excess soil without this record.

The hauling record must contain the following information when a hauler leaves a project area or other site with excess soil:

• the location where the excess soil was loaded for transportation
• the date and time at which the excess soil was loaded for transportation
• the quantity of excess soil in the load
• the name of an individual who may be contacted regarding inquiries about the load, including the excess soil quality
• the name of the corporation, partnership or firm transporting the excess soil
• the name of the driver of the vehicle and the number plates issued for the vehicle under the Highway Traffic Act
• the location of where the load is to be deposited

When a hauler reaches the destination identified in the hauling record, the following information must be added to the hauling record:

• the date and time the load was deposited
• the contact information for the individual at the deposit site who acknowledges that the excess soil has been deposited on the specified date and time, and
• a declaration by the individual at the deposit site, stating that the individual acknowledges the deposit of the excess soil

Once completed, a copy of the final hauling record shall be provided to the individual at the deposit site who made the declaration. The operator of the site where the excess soil was loaded for transport should also receive a copy of the final hauling record to ensure the excess soil was received at the intended deposit location.

After January 1, 2023, some project leaders will be required to establish tracking systems to confirm that each load of excess soil was taken to the agreed upon deposit site. Hauling records can be a required component of these tracking systems. Companies contracting to haul excess soil must confirm the logistics of receiving a hauling record with the project leaders or operators of the project area, and any instructions that may be associated with a tracking system.

Note:  under subsection 1(3) of Regulation 347 excess soil that is liquid soil is excluded from the definition of “subject waste”, and therefore generator registration and manifesting requirements do not apply to the management of liquid soil.

Deposit locations and alternates

It is not the responsibility of the hauler to decide where excess soil is to be deposited. This responsibility resides with the project leader or the operator of a site from which excess soil is being moved. These parties must ensure that the site to which the excess soil is moving is appropriate and often an agreement is required with the receiving site.

As part of the planning requirements that came into effect on January 1, 2023, an excess soil destination assessment report must also be completed by the project leader. As part of this report, potential locations of where the excess soil can be deposited for reuse, storage, processing or disposal are identified. There are requirements to develop contingency measures which must be implemented in the event that the excess soil cannot be accepted at the planned deposit site, including the identification of an alternate site.

The hauler is required to confirm the intended destination for the final deposit of excess soil with the project leader of the site at which the excess soil is being loaded and add this information to the hauling record. They are also required to confirm contingency measures if a deposit location cannot be used for various reasons. For example, if a deposit site is not open to receive the excess soil, the hauler should confirm an alternate location that is approved by the site that provided the excess soil or return the excess soil to that site. In that situation, the agreed upon alternate location may be a waste processing site, or the originating site. If the excess soil is denied at a deposit location due to concerns regarding its quality, it should not be taken to an unplanned deposit site. Any alternate site at which excess soil is deposited must be reflected on the hauling record.

Records retention

The hauler and all individuals responsible for soil management, including the project leader or the owner or operator of the site where excess soil was deposited are required to keep a copy of completed hauling records for every load of excess soil transported, for a period of at least two years after the day that the excess soil was loaded for transportation. It is recommended that the project leader, or the owner or operator of the site where the excess soil was transported from also receive and retain a copy of the hauling record.

Additional information and best management practices

Hauling routes, transport and delivery

To reduce greenhouse gas emissions and transportation costs, it is recommended that haulers use the quickest and shortest route possible when transporting excess soil. When planning routes for transportation between pick up and deposit sites, haulers should assess and adhere to all designated haul routes which may exist in specific municipalities they plan to travel through. Haulers should also be aware of any site configurations or entrances that they are required to use when arriving at a destination to deposit excess soil.

Development of excess soil management plans and fill management plans is encouraged at project areas and receiving sites. These may specify transportation-related requirements at either site, such as preferred routes, timing, queuing, staging, parking, inspections, tracking processes, record management, etc. These should be confirmed prior to leaving the loading site.

It is recommended that the hauler shut down the vehicle when in truck queues or parking at the project area where excess soil is being loaded and at any destination sites to reduce greenhouse gas emissions. When transporting, it is also recommended that the hauler undertake adequate regular cleaning of the truck and tires to reduce any loose debris from falling and to prevent mud tracking.

Vacuum trucks

A hydro-vac truck is a hauler under the regulation, provided it is excavating and transporting excess soil (for example, excavating to repair a watermain). Other materials, such as sewage from a catch-basin cleanout, are not regulated by this regulation.

Like other haulers, as described above, a hydro-vac truck operator is required to be able to provide a hauling record or information, on request, to a provincial officer.

Under the regulation, liquid soil must be taken to an appropriate site for deposit or processing. Liquid soil may be taken to a reuse site if a site-specific instrument (for example, a municipal fill by-law) specifically authorizes the deposit of liquid soil at the reuse site. If a hydro-vac company, or another waste-management company, operates a dewatering site for liquid soil, there must be a waste-related ECA for that processing site. These are considered Class 1 soil management sites. A local waste transfer facility operated by a public body or infrastructure company can accept liquid soil from their projects and dewater it without a waste ECA.

Excess soil hauling record template

The regulation does not mandate the use of a specific form of hauling record, but instead specifies the information required to be included in the record. This allows companies to pick a format that works best for their needs and integrates with any related procedures and tracking systems. The Ontario Environmental Industry Association (ONEIA) has developed and shared a template that can be considered for use by others.

While this template is provided as a resource, it is the responsibility of the hauler to ensure they collect all of the required information. The project leader and owner or operator of the deposit site must collaborate with the hauler to ensure they receive the proper information when it is required.

Collecting excess soil from multiple project areas before depositing the excess soil

Multiple project areas can be listed in one hauling record if all the key regulatory requirements are addressed in the hauling record. This includes the location of each project area at which excess soil was loaded and the location where the excess soil is to be deposited, among other key details on the soil movement (for example, date, time and quantity of excess soil loaded at each location). After the excess soil is deposited and a new load is started, a new hauling record should also be started.

Hauled sewage

Hauled sewage is not regulated under the regulation. Hauled sewage must be transported in the manner stipulated under O. Reg. 351/12, Registrations Under Part II.2 of the Act - Waste Management Systems.

Definitions

Please review the Definitions page for relevant definitions and terminology.