CITY OF BURLINGTON COMMENTS
May 29, 2019
Ministry of the Environment, Conservation and Parks
40 St. Clair Avenue West, Floor 10
Excess soil regulatory proposal and amendments to Record of Site Condition (Brownfields) Regulation
ERO number 013-5000
Notice type Regulation
Act Environmental Protection Act, R.S.O. 1990
Posted by Ministry of the Environment, Conservation and Parks
Notice stage Proposal Updated
Proposal posted May 1, 2019
Comment period May 1, 2019 - May 31, 2019
Thank you for the opportunity to comment on this regulatory proposal. The City of Burlington is very supportive of the proposed regulation.
Overview of Regulatory Package
Ontario is proposing to introduce changes that will make it safer and easier for more excess soil to be reused locally.
The regulation proposes to clarify rules associated with managing and transporting excess soil, limit the amount of healthy soil being sent to landfill and lower greenhouse gas emissions from the sector, while continuing to ensure strong environmental protection.
The proposed excess soil regulation would clarify the requirements for the reuse of excess soil, providing clear, risk-based options for safe reuse. This will reduce cost and liability associated with the management of excess soil and divert more soil from landfill.
This will be achieved through a new excess soil regulation and consequential amendments to O. Reg. 153/04 (Record of Site Condition Regulation) and Regulation 347 (General - Waste Management) under the Environmental Protection Act (EPA).
We are also introducing changes O. Reg 153/04 under the EPA to clarify rules and remove unnecessary barriers to redevelopment and revitalization of historically contaminated lands.
The proposed amendments would address practical challenges and reduce barriers to redevelopment and revitalization of historically contaminated lands, putting vacant, prime land back to good use, while protecting human health and the environment.
Further to the EBR comments previously provided by the City of Burlington in March 2016, June 2017 and June 2018, we offer the following comments regarding the current ERO #013-5000:
1. We are pleased to see that the MECP has reviewed and addressed the vast majority of the critical comments previously provided by stakeholders. We commend the MECP for their efforts in engaging and consulting with the many stakeholders through the last four years.
2. We agree that key excess soil planning components should be completed by a Qualified Person. More details and restrictions should be in place to ensure that the QP’s have appropriate environmental experience.
3. Tracking systems are essential to ensure the excess soil arrives at the approved Reuse Site. Enhanced enforcement mechanisms and tools are very important. The costs related to enforcement can be excessive. Adequate financial penalties need to be considered to allow enforcement parties to recoup costs. The MECP should be enforcing the EPA and associated regulations in coordination with municipalities.
4. The MECP should provide enhanced provincial enforcement, if the Source Site is outside of the Reuse Site’s municipality. Enforcement, in this case, is outside of the Reuse Site’s municipal jurisdiction.
5. If a haul route goes through municipalities other than the Source and Reuse Sites’ municipalities, these intermediate municipalities should have some ability to protect their roads from damage. These municipalities should have the ability to approve the haul routes being proposed.
6. We with the MECP including provisions for the phasing in of new soil quality standards and provisions related to the waste designation (to be in effect Jan 1, 2020) and the testing requirements, tracking and registration requirements (to be in effect Jan 1, 2021) and restrictions on landfilling of clean soil (to be in effect Jan 1, 2022).
7. We are requesting definitive clarification regarding the hauling of dredged soil from SWM Ponds and the requirements for Reuse Sites.
8. The online registry should be administered by the MECP. A fee should be charged and our preference is for a volume based fee.
9. Development of an outreach program is essential to roll out this new regulation. Education for municipal staff, agencies, residents, contractors, haulers, developers, builders, consultants and politicians is very important. A Resource Guide would be of great assistance. MECP should partner with municipalities, agencies, consultants, QP’s and stakeholders in planning the Outreach Program.
10. The development of this proposed excess soil regulation, supported by amendments to the existing regulations O. Reg. 153/04 (Record of Site Condition Regulation) and Regulation 347 (General - Waste Management) under the Environmental Protection Act (EPA) support key changes to excess soil management. These related amendments encourage redevelopment of brownfield sites while maintaining protection of human health and the environment, provide clarification of the designation of excess soil and require preparation of a Beneficial Reuse Assessment Tool to develop site specific standards.
We look forward to being involved with the finalizing of the additional details needed for this proposed regulation.
If you require clarification on any of the above content, please contact me.
Comments provided by:
Cary Clark, P.Eng.
City of Burlington
Manager of Development & Stormwater Engineering
Capital Works Department
Submitted May 29, 2019 12:00 PM