Council for the Township of…

Council for the Township of Melancthon would like to acknowledge the Province’s initiative to address a problem faced by rural municipalities while at the same time seeking clarity on the future authority, if any, that municipalities will have in regulating the placement of fill within their municipal boundaries.

The EBR posting indicates that this Provincial initiative would take the form of a new regulation that would be administered by the Ministry of Environment and Climate Change (MOECC). The posting also indicates that amendments would be required to existing regulations including:

• Regulation 347 (Waste); • 0. Reg. 153/04 (Records of Site Condition); and, • 0. Reg. 332/12 (Building Code).

The information indicates that "excess soil" excavated from a development site would be designated as waste until:

1. It is deposited at a final receiving site that is not a waste disposal site and that is governed by a site-specific instrument or by-law;

2. It is deposited at an infrastructure project, if it originates from an infrastructure project belonging to the same proponent; or,

3. It is deposited at a site that is not a waste disposal site and that is not governed by a site-specific instrument or by-law so long as: i. the excess soil is appropriate based on the MOECC's excess soil reuse standards; ii. the excess soil has been used for one of the specified uses, subject to certain restrictions; and iii. the receiving site is not being used primarily for the purpose of depositing excess soil.

It appears that Item 1 suggests that the site has been authorized to accept fill by a municipality under the Municipal Act and/or Planning Act, but Item 3 appears to be the opposite in that it allows the MOECC to authorize the placement of fill without municipal authorization.

Council is seeking clarification that if Item 3 is correct, will other amendments to existing legislation be necessary to enact this proposed regulation. Specifically, if this regulation is enacted, will municipalities still have the ability to use the Municipal Act (Section 142) or the Planning Act (Section 34) to regulate the dumping of fill?

[Original Comment ID: 209755]