Re.: TARBA comments on …

Re.: TARBA comments on “Proposed regulatory changes for the beneficial reuse of excess soil at pits and quarries in Ontario” (ERO 019-4801)

The Toronto and Area Road Builders Association welcomes the opportunity to comment on the proposed regulatory changes. During many stakeholder meetings over the past decade on the development of best management practices for excess soils, a multi-Ministry approach has been put forward as essential to achieving positive outcomes. TARBA welcomes the participation of MNDMNRF in meeting the objectives as set out in O. Reg. 406/19, particularly as landfilling of excess clean soil will be phased out in a few years. Other ministries such as Municipal Affairs and Housing will also have an important role to play in encouraging beneficial reuse at pits and quarries.

As Ontario continues to experience rapid growth it is paramount that our aggregate resources are dealt with in a conservation-oriented manner. This principle is dealt with in the Provincial Policy Statement, 2020, where section 2.5.2 addresses the protection of long-term mineral aggregate supply and section 2.5.3 refers to rehabilitation considerations.

According to a 2021 report by the Ontario Society of Professional Engineers on ‘Best Management Practices for Aggregate Pit and Quarry Rehabilitation in Ontario’ (which was funded by MECP), there are more than 6,000 active pits and quarries in the province. Many sites are situated close to urban areas to reduce truck travel distances. Further, these are regulated sites which must consider ecosystem and community impacts as well as end-of-life issues: “aggregate operation owners/operators … [must] commit to a closure plan which defines how a pit or quarry operation will be rehabilitated by the end of its useful life” (p.9). https://ospe.on.ca/excess-soil-reports/

Numerous examples exist of former pits and quarries which have been rehabilitated and are enjoyed by the public as a community amenity.

Road builders do make efforts to reuse soil within the linear rights of way within a project. Also, for certain highway projects, soil from within the project can be used for bridge foundations or as noise attenuating berms. These measures help to: (1) reduce construction costs; (2) provide environmental benefits by reducing truck traffic and related GHG emissions and (3) make our roads safer when the handling and disposal of excess soil by trucking is lowered.

TARBA is in support of comments submitted by the Ontario Stone, Sand & Gravel Association (OSSGA) on February 16, 2022, regarding the following:

• New infrastructure projects will continue to generate excess soil that can be taken to approved pits and quarries to be used beneficially, thus taking pressure off valuable landfill space.
• The provision of additional flexibility around sloping will not only facilitate the importation of more excess soil but also will allow for additional aggregate extraction (don’t leave these aggregates in the ground).
• The proposal to permit different soil quality or the removal of conditions related to sampling/reporting through self-filing is welcome.
• The proposed introduction of additional requirements by MNDMNRF to support the oversight of importation of excess soil under the ARA is unnecessary and could potentially hinder rehabilitation efforts.
• Changes restricting the placement of soil below the water table need to be rethought. If there are site-specific issues, the recommendations of a Qualified Person (QP) should be relied on based on groundwater or hydrogeological studies. Imposing a blanket restriction does not make sense.
• The proposal that the Beneficial Reuse Assessment Tool (BRAT) tool would be subject to authorization by MNDMNRF represents unnecessary duplication when this matter falls under MECP’s jurisdiction.
• Through the new excess soil registry which went into effect on January 1, 2022, the Resource Productivity and Recovery Authority has been tasked by MECP to file notices on soil movements and quantities. RPRA will be collecting fees based on volumetric thresholds. The proposal by MNDMNRF therefore represents a duplication of effort. As OSSGA states in their submission “[I]f a [licensee] satisfies MECP conditions and requirements for excess fill, the size of the site should be irrelevant.”
• We understand that the use of hydrovac services has been growing and that there has been concern over liquid soil. We recommend, however, that MNDMNRF should not prohibit the importation of liquid soil where Table 1 standards are met. Advice from the QP community can assist with this determination.

As O. Reg. 406/19 is intended to be phased in over the next few years, there is an opportunity to try different implementation scenarios. The Excess Soil Engagement Group established by MECP has been an advocate for pilot projects to test which approaches work and which methods result in the best outcomes. TARBA suggests that an end-of-life site be identified and that excess soil from construction projects be taken to this pit or quarry. A multi-Ministry approach should be adopted with the goal of using a data-driven methodology to deliver preferred economic and environmental outcomes.

While this matter is not part of the ERO 019-4801 consultation, TARBA is most interested in encouraging both the public and private sectors to incorporate the use of more recycled aggregate materials in construction projects. This will position Ontario to be a leader in best management practices of our valuable natural resources.

Yours truly,

Andy Manahan
Executive Director