The Government of Ontario…

The Government of Ontario Proposed Excess Soil Management Policy Framework document, recognizes that Conservation Authorities (in addition to Municipalities) are a main permitting body for soil receiving sites through regulations made under section 28 of the Conservation Authorities Act. The same document also recognizes the value of local knowledge, public bodies and the importance of building on and enhancing existing tools. Currently, new regulations are proposed that would diminish the historical role of Ontario’s Conservation Authorities in order to “enable a reduction to the financial burden on developers.”

ERO 019-6240 (Amendments to Certain Requirements under the Excess Soil Regulation) has been posted along with numerous other ERO proposals including amendments to the Greenbelt Plan and of course, Bill 23. In all likelihood, ERO 019-6240 will be overlooked and receive fewer comments due to the sheer volume of postings at the present time. I am requesting that this be taken in consideration.

The “consequence” of the proposed amendment ERO 019-6240 is the revocation of Section 14 of the Excess Soil Regulation (O. Reg. 406/19) which includes the removal of 14(1) 2 as follows:

• All of the project area from which soil is to be removed is a parkland use, residential use or institutional use, each within the meaning of Ontario Regulation 153/04, or any combination of these three types of use, AND the soil to be removed from the project area WILL NOT be transported for final placement at a reuse site that is an agricultural or other use within the meaning of that regulation.

The requirement that a project leader ensure the preparation of documents under Sections 11, 12 and 13 of the On-Site and Excess Soil Management Regulations (O. Reg. 406/19) would be eliminated. Section 13 requires that an excess soil destination report be prepared.

Section 14, as it is written, restricts the placement of off-site soil on agricultural lands. The Regulation is very clear that agricultural use (for source sites and reuse sites) is separate and distinct from parkland/residential/institutional uses. The ERO refers to all of the above as “low-risk sites” even though there is no description of the analysis used to determine risk factors. The proposal to remove Section 14 in its entirety also removes the excess soil requirements which protect Ontario’s most sensitive type of property use which is agriculture. It is imperative that Section 14 remain in its entirety.

All soil movements to and from all source sites and all reuse sites should undergo risk assessment including soils where land use is or has been agricultural. The Best Management Practices for Aggregate Pit and Quarry Rehabilitation in Ontario (March 2021) specifies physical and microbiological contaminants and invasive species not addressed by the excess soil standards. Biological contaminants of concern, especially to groundwater, are E. coli and other forms of coliform bacteria. The report lists farms, feedlots and rural areas with a history of livestock farming as source sites that have an increased risk of bacterial contamination. There is a risk of moving invasive species from one agricultural site and to another. This includes parasitic or invasive species of nematodes which may be in sites near or located on agricultural land. Where farming methods include or have included application of pesticides or herbicides such as atrazine, fertilizer and waste such as biosolids, it is imperative that regulations not be dismissed because they are perceived by some to be costly or too onerous. If anything, it is premature to make these significant changes while the implementation of provisions in the Excess Soil Regulation are “paused.” It is also premature to increase the size of storage stock piles from 2,500 to 10,000 cubic metres. The impacts to nearby communities, residents and the natural environment are not specified although the proposed increase in size is significant. It appears that the amendment is based on stakeholders finding that their soil storage is limited by the size of their site and the proposed solution is to increase the size of the pile.

The regulations for on-site and excess soil management must be rigorous and always based on scientific evaluation. Ontario cannot afford the risk of further introducing contaminants to our soils and agricultural lands. The potential impacts on both surface and ground water resources may be irreversible.

It is stated that this ERO is in response to specific concerns heard from some (unspecified) stakeholders. It is imperative, especially at this time, that we refer to the principles of the Ministry of the Environment and Climate Change Statement of Environmental Values that the Ministry uses a precautionary, science-based approach in its decision-making to protect human health and the environment.