Excess soil transportation

Introduction

On this page, you can find information on how Ontario Regulation 406/19: On-site and Excess Soil Management (the regulation) relates to 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, operator 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

Key excess soil hauling requirements:

• a waste-related environmental compliance approval (ECA) or environmental activity and sector registry (EASR) is not required for the transportation of excess soil
• requirements for vehicles that are used in the transportation of excess soil must be met to ensure its safe containment during transportation, with additional requirements for liquid soil
• haulers are required to carry a physical or electronic hauling record at all times during transport of excess soil and a copy of that record must be provided to other specified people
• the owner or operator of the site at which the soil is loaded has a responsibility to ensure that the record is created and that the information in the record is correct, and the operator of the site at which the soil is deposited must acknowledge in the record that the soil was received

Note:The regulation applies to excess soil but does not apply in respect of hazardous waste, hauled sewage, 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.

A summary of the requirements that apply to the hauling of excess soil is provided as a checklist at the end of this document which may be helpful as a brief overview.

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. However, 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 collecting and transporting liquid soil:

• is required to ensure that, if valves are part of the vehicle, they 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

The owner and operator of a vehicle must follow the requirements in section 16 of Regulation 347 if the excess soil they are transporting is waste. This includes the requirements described above and in addition, the driver of the vehicle must be trained in several areas including the operation of the vehicle and waste management equipment, major environmental concerns pertaining to the waste to be handled, occupational health and safety concerns pertaining to the waste to be handled, and emergency management procedures for the wastes to be handled.

It is important to remember that owners and operators of vehicles involved in transporting excess soil must take steps to ensure that the excess soil they transport is deposited at a site that is authorized to accept that load. For example, they can do this by making inquiries to the owner or operator of the site where the excess soil was loaded for transport. This communication is critical because if the owner or operator of a vehicle transporting excess soil causes, permits or arranges for the unlawful deposit of waste excess soil at a site, that person may be prosecuted for contravening sections 27 and 40 of the Environmental Protection Act and may be subject to a waste removal order issued by the Ministry.

Hauling record

The operator of a vehicle transporting excess soil is required to have an electronic or physical hauling record at all times, unless an exemption under the regulation applies. The hauler must not leave a site with excess soil without this record.

The owner or operator of the site that the excess soil is being transported from must:

• ensure that the hauling record is created
• confirm that information in the hauling record is accurate

The location where the excess soil is to be deposited must be confirmed.

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
• an indication of whether the load includes salt-impacted excess soil
• an indication of whether the load includes asphalt-impacted excess soil
• the name, telephone number and email address of an individual at the site where excess soil was loaded for transportation 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 the site where the load is to be deposited
• the name, telephone number and email address of an individual at the site where the soil is to be deposited, who may be contacted to respond to inquiries regarding the deposit of the excess soil

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 name and phone number for the individual at the deposit site who acknowledges that the excess soil has been deposited on the specified date and time
• a declaration by the individual at the deposit site named above, stating that the individual acknowledges the deposit of the excess soil (ensure that arrangements have been made in advance for a person at the deposit site to acknowledge receipt at the time of 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 must also receive a copy.

If a vehicle collects excess soil from two or more project areas (for example, when conducting daylighting operations):

• all of the project areas must be listed in one hauling record
• all of the key regulatory requirements to provide information as outlined above must also be met in the hauling record, including:
  • the location of each project area where excess soil was loaded
  • the location where the excess soil is to be deposited
  • 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, a new hauling record must be developed when the hauler moves on to the next load.

Some project leaders are required to establish tracking systems to confirm that each load of excess soil was taken to the agreed upon deposit site, as part of reuse planning requirements applicable to certain project areas outlined in sections 8-16 of the regulation. Hauling records can be a component of these tracking systems.

Electronic tracking systems that incorporate hauling records may be used for the purposes of complying with the requirements associated with a hauling record, provided all of the requirements are satisfied.

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, if applicable, any instructions that may be associated with a tracking system.

Exemptions from a hauling record

The regulation includes exemptions from requiring a hauling record if:

• the total amount of dry excess soil removed and transported from a project area is 5 m³ or less
• the total amount of dry excess soil being taken to and finally placed at a reuse site for a specific undertaking is 5 m³ or less
• the excess soil is packaged as a landscaping or gardening product

The operator of the vehicle must still be able to provide the information, that would otherwise be required in the record, to a provincial officer, if requested.

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

The owner or operator of the site where excess soil is loaded for transportation is required to confirm the intended destination for the final deposit of excess soil with the operator of the vehicle. 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 owner or operator of the site where excess soil is loaded for transportation must confirm an alternate location that is approved to accept the excess soil, or provide circumstances in which to return the excess soil to the site, and communicate such contingency measures to the hauler. An agreed upon alternate location may be a waste processing site, another pre-approved reuse site or the originating site. Under no circumstances should the hauler bring the soil to a site for deposit without first contacting the owner or operator of the site where the excess soil was loaded to obtain their concurrence. If the excess soil is denied at a deposit location due to concerns regarding its quality, the excess soil should be returned to the site where it was loaded or taken to an appropriate waste disposal site. It should not be taken to an unplanned deposit site. Any alternate site at which excess soil is deposited must be reflected on the finalized hauling record as the deposit location when the soil is deposited, and that site must acknowledge receipt of the soil.

Records retention

The hauler and all individuals responsible for soil management, including the project leader, owner or operator of the site at which the soil was loaded and 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.

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, 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 and the owner and operator of the site where excess soil is loaded for transportation to ensure the hauling record includes all of the required information.

Hauled sewage

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

Hauler checklist of requirements from the Excess Soil Regulation

Note that there are exemptions to the need for a hauling record if:

• the total amount of dry excess soil removed and transported from a project area is 5 m³ or less
• the total amount of dry excess soil being taken to and finally placed at a reuse site for a specific undertaking is 5 m³ or less
• the excess soil is packaged as a landscaping or gardening product