The Township appreciates the…

The Township appreciates the opportunity to provide comments on the proposed changes to the ARA and its regulations. In the future, the Township request that additional information and a higher level of detail, such or track-change documents be provided. The changes being considered by the Province (italicized) are followed by Mulmur’s theme specific comments:
1. Protection of Water Resources

Strengthen protection of water resources by creating a more robust application process for existing operators that want to expand to extract aggregate within the water table, allowing for increased public engagement on applications that may impact water resources. This would allow municipalities and others to officially object to an application and provide the opportunity to have their concerns heard by the Local Planning Appeal Tribunal.

The Township of Mulmur supports changes to the ARA that will ensure the protection of water resources. In Mulmur, as in most rural municipalities, the accessible aggregate resources are in the rural area that rely on wells for their drinking water. Strengthening protection of ground water from contamination is essential to municipal and private well head protection. Mulmur supports strengthened protection of water resources by creating a more robust application process for existing operators that want to expand to extract aggregate within the water table and allowing for increased public engagement on applications that may impact water resources. Mulmur recommends that the protection of water resource should apply not only to existing aggregate operations but also to new applications.

2. Managing depth of extraction of pits and quarries

Clarify that depth of extraction of pits and quarries is managed under the Aggregate Resources Act and that duplicative municipal zoning by-laws relating to the depth of aggregate extraction would not apply.

The Township supports proposed policy change to manage the depth of extraction of pits and quarries under the ARA. Additional information is required on depths and information sharing. Enforcement of regulations should be assured and adequate resources allocated.

3. Municipal Zoning on Crown Land

Clarify the application of municipal zoning on Crown land does not apply to aggregate extraction.

No comments.

4. Aggregate Haul Routes

Clarify how haul routes are considered under the Aggregate Resources Act so that the Local Planning Appeal Tribunal and the Minister, when making a decision about issuing or refusing a licence, cannot impose conditions requiring agreements between municipalities and aggregate producers regarding aggregate haulage. This change is proposed to apply to all applications in progress where a decision by the Local Planning Appeal Tribunal or the Minister has not yet been made. Municipalities and aggregate producers may continue to enter into agreements on a voluntary basis.

Additional clarity is required for the Township to provide complete comments.

5. Access to Aggregates in Municipal Road Allowance

Improve access to aggregates in adjacent municipal road allowances through a simpler application process (i.e. amendment vs a new application) for an existing license holder, if supported by the municipality

Mulmur supports proposed policy to improve access to aggregate extraction adjacent to municipal road allowance. This approach will allow the Township to identify potential impacts on the community and how these impacts may be mitigated.

6. Self-filling of routine Site Plan Amendments

Provide more flexibility for regulations to permit self-filing of routine site plan amendments, as long as regulatory conditions are met.

Mulmur is concerned about the transparency of the proposed policy to permit self-filling of routine site plan application and determining what is considered a routine amendment. All site plan amendments should be circulated to the municipality for input.

7. Allowing Low risk operations without permit

Allowing some low-risk activities to occur without a licence if conditions specified in regulation are followed. For example, extraction of small amounts of aggregate if material is for personal use and does not leave the property.

Additional detail is required for the Township to comment on this proposed change, based on what is considered as a “low-risk activity”.

The Township has provided comments on the proposed Provincial Policy Statement, including comments regarding allowing aggregates within Natural Heritage Features. Natural Heritage Features should be equally protected within and outside the Greenbelt.

8. Aggregate Fees

The Township supports an increase in the fees paid by aggregate producers to compensate municipalities for cost incurred in the maintenance of roads, bridges and infrastructure because of heavy trucks and loads.