EJQ2 - Fall 2024 - Journal - Page 13
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An additional scenario in which excess soil is not designated as a waste is
when excess soil leaves a “landscaping soil depot,” which is a type of Class 1
soil management site (interim site). A landscaping soil depot can sell excess
soil for landscaping or gardening products for retail and does not require deposit at a reuse site for the excess soil to no longer be deemed waste.
Meanwhile, a “reuse site” is a site where excess soil is used for a bene昀椀cial
purpose and does not include a waste disposal site; O. Reg. 406/19, s 1(1).
For the excess soil to no longer be designated as waste, it must satisfy several criteria under section 3 of the Excess Soil Regulation, including:
the soil deposited for 昀椀nal placement at a “reuse site” must meet the applicable generic soil quality standards for the reuse site, the standard set
out in a site-speci昀椀c instrument, or the risk-based site-speci昀椀c standard;
the owner or operator of the reuse site must consent in writing to the
E N V I RON M E N T J OURN A L QUA RT E RLY RE PORT • FA L L 2 02 4 • P AGE 1 3
