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How to Prepare Your Public Projects for O. Reg 406/19
Public Works

Excess Soils Guide

A guide to help you prepare your public projects for Ontario’s new excess soil regulations. Download our Public Works Excess Soils Guide PDF for free!

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excess soil guide

O. Reg 406/19: Handling Excess Soil in Ontario

With Phase 2 launching in 2023, many regions and municipalities are working hard to update tender specifications, contract agreements, and budgets.

Over the past year, SoilFLO has worked with over 150 contractors and public bodies to guide data collection for the new tracking requirements.

This guide was built share what have been learned. The hope is to reveal common challenges seen so far, the pitfalls to
avoid, and the benefits of revamping administrative processes with innovative technology.

With the right action plan, public bodies can effectively and efficiently navigate 406/19.

Challenges You Will Face

The new O. Reg 406/19 is making changes to how excess soil is handled in Ontario. This guide will help you prepare your public projects for the new regulations, including common challenges and how to avoid them.
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1. Ensuring Contractor Compliance

Phase 1 assigns liability for handling excess soils to the project leader: the entity who is ultimately responsible for making decisions relating to the project.

To protect their liability, public bodies will need to enforce contractors to follow the new regulatory requirements.

Teams will need to consider:

How will data be collected from contractors?

How will contractors collect data in the field?

How will data be validated for accuracy?

How will fraud be prevented?

What environmental controls will be in place for controlled material movement?

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2. Preventing Administrative Overburden & Confusion

Upon implementing new data collection and tracking requirements, project owners quickly realize the amount of new administrative work created.

Each owner will need to evaluate the most efficient way to perform these new processes:

How can data be standardized across projects?

How is data stored, reconciled, and examined?

What processes can be automated by technology?

How do we ensure timely collection and reporting?

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3. Accessing Data and Reactive Decision Making

After establishing the above processes, the newly collected information should be leveraged.

Managers can utilize this data to be proactive rather than reactive.

How can software reduce the size and length of project delays?

With aggregated data across all projects, how can we improve department budgets and forecasts?

With locations and site movement data, how do we identify high-need permit zones to reduce project costs and GHG emissions?

How do we retain data long-term to reduce future testing and environmental costs?

How do we speed up site approvals, progress payments, and environmental reporting?

01
Directly Procure An Earthworks Management Software
The project owner can sole source or tender a tracking system and require all contractors to use the specified software on their projects.
02
Require A “Digital Tracking” System, The Decision Of Which Is In The Hands Of The Contractors
The project owner has decided the benefits of a digital system outweigh traditional paper methods. The project owner is okay with any digital system being used as long as it collects the required data. Contractors are free to use software of their choice.
03
Laissez-faire (Follow Ministry Guidelines)
The project owner has taken a passive approach. They have simply copied regulatory requirements into their tenders and leave the contractor to navigate adherence to the regulation.

Approach and Strategy

There are three general approaches a project leader can take with their tenders in ensuring compliance with O. Reg 406/19.

Decision Criteria

While each approach will satisfy the regulation, each approach comes with advantages and disadvantages. Project Owners should consider which components are essential to their operations.

Criteria (Capabilities)

1. Procurement of one digital system

2. Digital system of contractor’s choice

3. Baseline compliant, any method

Compliant with O. Reg 406/19

Environmental controls & audit trails

Automated tasks and reports (cost-efficient)

Standardized and aggregated data

Easily accessible and manipulated data

Leverage data for reuse, cost reduction, forecasts

Criteria (Capabilities)

1. Procurement of one digital system

Compliant with O. Reg 406/19

Environmental controls & audit trails

Automated tasks and reports (cost-efficient)

Standardized and aggregated data

Easily accessible and manipulated data

Leverage data for reuse, cost reduction, forecasts

Criteria (Capabilities)

2. Digital system of contractor’s choice

Compliant with O. Reg 406/19

Environmental controls & audit trails

Automated tasks and reports (cost-efficient)

Standardized and aggregated data

Easily accessible and manipulated data

Leverage data for reuse, cost reduction, forecasts

Criteria (Capabilities)

3. Baseline compliant, any method

Compliant with O. Reg 406/19

Environmental controls & audit trails

Automated tasks and reports (cost-efficient)

Standardized and aggregated data

Easily accessible and manipulated data

Leverage data for reuse, cost reduction, forecasts

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The Benefits of Going Digital

The goal should be to create one central ecosystem for excess soils across all your projects. All stakeholders should be able to contribute, review, and edit data in a controlled environment with varying levels of permission and access.
01
Cut Administrative Overhead
Eliminate time and money wasted on collecting and manipulating data from various sources and formats into one standardized report. Data should only be entered once - at the point of collection. With standardization, administrative labour is reduced and aggregated insights are leveraged.
02
Make Informed Decisions
Eliminate time and money wasted on collecting and manipulating data from various sources and formats into one standardized report. Data should only be entered once - at the point of collection. With standardization, administrative labour is reduced and aggregated insights are leveraged.
03
Reduce Bid Sizes with Guidance
Navigating the regulations is confusing. When there is confusion, bids will increase for unexpected costs. Clearly outline how contractors can and will collect the data for the regulation. With clear expectations, estimators can get more competitive with their bids.
04
Eliminate Lability and Risk
Incidents happen, whether by accident or on purpose. With digital environmental controls, we can both reduce the size and number of times we are exposed to new risks.

Considerations Of a Digital System

When evaluating a digital tracking system, make sure to consider the following components:
The amount and availability of software training and support
Experienced track record with projects related in size and scope
Compatability with multiple devices and operating systems
Minimal or no input required from haulers
Environmental controls to prevent wrongdoing
Integration with major receiving sites in the area
User permission controls (ie. limit project access, unique roles)
Data storage for at least 10+ years
In-house software development team; constantly making improvements and responding to bugs
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Our Philosophy

SoilFLO strongly recommends a digital system (approach 2) is required, at minimum, by project owners.

Although there can be resistance to the adoption of new technology, software has come a long way to be both easily accessible and utilized in the field.

Project owners have even more to benefit from procuring just one digital system. Furthermore, if the required system also has integrations with traditional paper methods (for resisting contractors), then there should be no hesitation in digital procurement.

Case Study

niagara
Problem
Niagara Region needed to comply with O. Reg 406/19 across all their projects. New liability motivated them to find a way to ensure excess soil is handled in line with the new regulation.

Furthermore, they faced multiple inquiries from contractors on what data was to be collected and how it was to be submitted.
Solution
Niagara Region took a very proactive approach to the management of excess material across all its projects.

In 2022, SoilFLO was procured to be utilized on all public works projects. This even included the lower tier municipalities such as Fort Erie, Port Colborne, the City of Niagara Falls, and so forth.

Within each tender, SoilFLO is specified for use in the management of all excess material. Upon awarding the tender, contractors are set up with field user accounts. Project Managers from the city invite field users to collaborate on their projects and collect data.

All parties, including the PMs, contract administrators, qualified professionals, and contractors have one central location to collect, transfer and store data.
Key Results

Issues concerning rogue loads, unapproved receiving sites, and project delays are identified in real-time.

Paper is eliminated across sites, and contractors possess an efficient way to collect data via software.

Environmental and progress reports are automated.

Digital run sheets and dashboards provide new insights to foreman for the management of haulers .

Disputes about loads counts and change orders are significantly reduced.

Two-point verification at receiving sites reduces the number of audits required by consultants.

Go Digital with your SoilFLO: Excess Soil Management Software

Looking to go digital with your excess soil management?

Our easy-to-use software will make managing your excess soils a breeze, from start to finish. With SoilFLO, you can cut back on administrative overhead, make informed decisions, and reduce your bid sizes – all while minimizing liability and risk!

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Download your free Excess Soils Guide PDF

Get started on your digital transformation with our free Excess Soils Guide. Learn how to cut back on administrative overhead, make informed decisions, and reduce your bid sizes. Manage your excess soils with ease.

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excess soil guide