Paragraph 7 and 8 of…

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Paragraph 7 and 8 of Subsection 7 (3) sets out when a "soil characterization report" is required. However, Paragraph 13 (iii) of the Soil Rules refers to an “excess soil characterization report". I feel it will be much clearer for the industry if the Ministry were to adopt the latter rather than the former. Either way, it should be consistent.

Paragraph 5 (ii) of Subsection 8 (2) refers to an “excess soil management report”. This is the only mention of such a report. I believe this should be changed to “excess soil management plan”.

Wording should be included that explicitly allows for “assessment of past uses report” and “excess soil characterization report” to be prepared earlier in the project development, by a different qualified person. This would allow one qualified person (an Owner’s Engineer, for example) to carry out the sampling and analysis plan and to write up the results in a excess soil characterization report, while also allowing a different qualified person (representing a Design Builder, for example) to prepare the “excess soil destination identification” (see comment below) and to identify the reuse sites by name. To that end, I have the following suggestions to: clean up the definition of the "excess soil characterization report", clean up the definition of the "excess soil destination identification", and to address the fact that Paragraph 12 (i) of Subsection 7 (3) is redundant it sets out a requirement that has already been listed in Paragraph 8 (iii) of the same subsection.

Remove the words “assessment and” from Paragraph 12 of Subsection 7 (3)

Delete item (i) of Paragraph 12 of Subsection 7 (3) or keep it but replace "assess" with "reassess, as necessary, "

Update Paragraph 20 of the Soil Rules, such that it includes all the items specified in Paragraph 8 of Subsection 7(3)

Rewrite Paragraph 8 of Subsection 7(3) as follows:

"If a sampling and analysis plan is required under paragraph 7, an excess soil characterization report which includes the following:
(i) A description of the parts of the project area that were sampled and analysed.
(ii) The results of sampling and analysis and an assessment of those results
(iii) A description of which soil may be reused within the project area, with or without processing at the project area, and which soil may be deposited at a soil processing site, a soil bank storage site or a landfill.
(iv) Identification of the type of potential reuse sites at which excess soil from the project area may be deposited for final placement, having regard to the excess soil quality standards set out in the Soil Rules."