Dear Environmental Registry…

Dear Environmental Registry of Ontario,

The Corporation of the Township of Uxbridge, which sits within the Oak Ridges Moraine and is a significant source of aggregate material for the Province, requests an extension to the commenting deadline of ERO 019-4801 to April 24th, 2022 to allow due process including consultation with experts, local interest groups, partner agencies and other municipalities. This consultation then must be compiled by staff and presented to Council with a request for direction on how to respond. Given the extremely short 30 day commenting window, this necessary process was not possible.

Initial concerns raised by our consultants that staff would like further explore during the extension window include, but are not limited to:

1) Should pit/quarry operators be rewarded for non-compliance with their license conditions when they export material to the point that rehabilitation can no longer be accomplished without imported material?

2) Pits & quarries are generally considered to be "pristine" environments. In fact, materials obtained from pits/quarries are, for all intents and purposes, considered pristine and are exempted under Reg 406 for this reason. Importing excess soil from even well controlled source sites, will lead to a degraded final remediated condition.

3) Pit/quarry sites are typically more permeable (e.g., on the Oak Ridges Moraine or fractured rock, etc.) and directly tied to sensitive aquifers and groundwater recharge areas. As such, these sites could be viewed as being potentially more environmentally sensitive than other reuse sites. This is reflected in the high level of scientific studies required for licensing and often, fairly intense monitoring requirements. Pits and quarries may also have Permits to Take Water (PTTWs) and Environmental Compliance Approvals (ECAs) for water takings and/or discharges. These add to the overall sensitivity of the site and regulatory scrutiny required prior to allowing the importation of excess fill. Pits and Quarries are therefore distinct from other "reuse sites" and should not be categorized together with them.

4) O. Reg 406 provides some controls for "reuse sites", which would (in the future) include pits & quarries if the proposed changes are enacted. However, we also know from experience that there are a range of acceptable soil quality standards that can be applied to reuse sites. Some of those standards apply to industrial sites, allowing somewhat less stringent soil quality criteria to be applied. While this makes sense at a brownfield reuse site, we would be concerned if industrial site criteria were to be applied to a pit/quarry site, which could also be viewed as having an industrial use. Instead, we would suggest that only the most stringent soil quality criteria be applied to reuse sites that are pits or quarries, recognizing their inherent (potential) sensitivities.

5) O. Reg 406 recognizes that reuse sites can have "instruments" that govern the importation of excess soils (such as Soil Management Plans/Agreements). In those instances, the plans/agreements can supersede some components of the Reg and there may be advantages to that. However, the Reg includes Aggregate Licenses as "instruments" in a similar manner. As such, a proponent may be able to avoid dealing with the Township if the Aggregate License allows this. This takes traffic management, land use compatibility, noise, dust and vibration control, and many other aspects of the site plan out of the hands of the local land use authority, who are best equipped to deal with these local issues.

Again, these are complex topics and will take time to explore and bring before Council. We look forward to your response on the extension of the commenting window.

Kyle Rainbow,
Director, Development Services
The Corporation of the Township of Uxbridge