No, the regulation clearly states that even shallow holes, which are exempt from the regulation, must still be backfilled, according to one of the following two methods:
- Preserve and keep clean the major horizons of soils removed from the hole, and backfill the hole with this material in the same relative positions that they originally occupied.
- Backfill with a sealant, such as commercially produced dry bentonite, or with clean, uncontaminated soil that has a grain size that is the same or finer than the soil that was originally excavated.
Holes which are to be abandoned within 30 days must still be backfilled with a suitable sealant.