We are involved in a number…

We are involved in a number of large infrastructure projects that are typically in the preliminary design stage (where construction won’t happen for at least a couple of years). At this point, there is little or no information known about (a) the quantities of excess soils that will be generated as the designs are preliminary and often subject to change, (b) the potential receiving sites (which are normally selected by the contractor), (c) tracking routes, etc. In this regard, the soil sampling frequency cannot be tailored to unknown excavation quantities or meet the criteria of unknown potential receiving site(s). However, we are being requested by municipal and governing stakeholders to complete the work (and Excess Soil Management Plans) in accordance with the “new” Excess Soil Regulations. It is very challenging to present a program to meet the Excess Soil Regulation requirements and the Clients expectations under these circumstances, also acknowledging that by the time the soil excavation activities are initiated, the “data” may be out-of-date (i.e., 2 to 3 years old).

To this end, we are also concerned about the responsibility that has been placed on Consultants to identify potential receiving sites as “we” are not soil brokers and have very little knowledge of “other” potential development or rehabilitation sites that may be active at the current time or in the future when “our” project is underway. This may expose us to “liability” through Contractor claims if they identify “closer” sites that are more efficient than the sites “we” need to try to identify in the early stages of design when Contractors aren’t even selected.