In response to the Ministry…

In response to the Ministry’s request for comments on “Excess soil regulatory proposal and amendments to Record of Site Condition” as posted May 1, 2019 on the Environmental Registry of Ontario (ERO 013-5000) we offer the following:

1. That the Province work with municipalities and experts to refine and update guidelines for excess soil placement on third party sites.
2. That the requirement of a “qualified professional” be removed from the regulations once the guidelines are in place
3. That the Province exempt rural municipalities from the new regulations
4. In the event item 3 is not possible, that the Province work with rural municipalities to revise the volume thresholds that will trigger the requirements of the regulation
5. That the Province exempt ditching, culvert repairs and other general road maintenance activities from the new regulations
One of the key drivers for the regulation appears to be the desire to reduce trucking and find suitable sites closer to construction activities. While this may be an issue in urban areas, this is not a constraint in rural municipalities. As a result, rural municipalities such as ours will now face a number of administrative, operational and financial burdens as a result of this legislation without any off setting benefits.
The province has made asset management a regulatory requirement and has made this a requirement for funding. Undertaking municipal projects such as road reconstruction, sewer and watermain replacements, ditching and culvert repairs are activities that may trigger a number of your thresholds for the Excess Soils Regulations that are planned. Yet these are activities that are completely aligned with good asset management practices. The new regulations will add costs a time when municipalities are struggling with funding to keep up with infrastructure needs.
We concur that soil management should be done in a responsible manner that considers the impact on the surrounding area. However, we suggest that this can be done without all of the elements outlined in the regulation which are clearly designed for large urban areas. The recommendations noted above can provide a balance between responsible soil management and costs to rural municipalities.