After reading the proposed…

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After reading the proposed documents, it becomes clear that there is need for clarification on whether the Regulation is supposed to apply to Spills governed under Part X of the Act. It is unclear whether an excess soil management plan will be required for the clean up of a Spill. Remediation of a spill does not appear to be included in the definition of a "project" as defined in the Regulation.

"project" means any project carried out on a single property or a group of adjoining properties that involves the excavation of soil and includes any form of development, the construction, reconstruction, erecting or placing of a building or structure of any kind or the establishment, replacement or alteration of infrastructure;

While many spill clean ups do not appear to fall under this definition, these are situations where infrastructure needs to be replaced. There are also spill situations where structures needs to be moved or removed to accomplish the spill remediation.

For most spill remediation situations, the soil is removed and taken to a landfill or other licenced facility. It does not appear that these situations are the intent of this Regulation and should not be the intent.