June 17, 2019 Sanjay Coelho…

June 17, 2019

Sanjay Coelho
Senior Policy Analyst
Environmental Policy Branch
Ministry of the Environment, Conservation and Parks
40 St Clair Avenue West, Floor 10
Toronto ON
M4V 1M2

RE: EXCESS SOIL REGULATORY PROPOSAL AND AMENDMENTS TO RECORD OF SITE CONDITION (BROWNFIELDS) REGULATION, ERO NUMBER 013-5000

Dear Mr.Coelho,

Lafarge Canada Inc. is pleased to provide comments on the Ministry of the Environment, Conservation and Parks’ Excess Soil Regulatory Proposal and Amendments to Record of Site Condition Regulation posted to the Environmental Registry of Ontario on May 1, 2019. We have been engaged on this topic with the MECP through the public consultation process since December 2014. This response builds on previous submissions related to the 2018 Excess Soil regulatory package and related work by the Minister of Natural Resources and Forestry to modernize and strengthen the Aggregate Resources Act through Bill 39.

Lafarge appreciates MECP efforts to seek advice and input on excess soil using a multi-ministry and multi-stakeholder engagement approach. It is evident that feedback was considered and has informed on the development of this Regulatory Proposal. Lafarge is generally supportive of the posted Excess Soil Regulatory Proposal and Amendments to Record of Site Condition Regulation. We have, however, identified one area where a change would support improved beneficial reuse of excess soil, preserve natural resources and motivate environmental innovation. This letter focuses on this area of concern and suggests a possible resolution. Our feedback is provided with the intent to improve the integrity, resilience and effectiveness of the resulting excess soil management system in Ontario.

Support Responsible Reuse of Excess Soil through Efficient, Effective and Cooperative Regulatory Oversight of Pit and Quarry Rehabilitation

Given Lafarge’s operational footprint and the nature of our business, land stewardship is of paramount importance to us. Aggregate extraction is an interim land use and many of our sites require the import of inert material to achieve progressive rehabilitation and long term restoration objectives. Returning land assets to a productive end use consistent with local objectives is a key part of the lifecycle of a pit or quarry. We commend the MECP for better defining roles and responsibilities along the excess soil chain. This supports improved rehabilitation practices across our industry.

Receiving sites operating under Site Specific Regulatory Instruments issued by the MNRF under the Aggregate Resources Act, however, have not received adequate consideration within the regulatory package. If importation of offsite material at pits and quarries continues to be governed by ARA Policy No. A.R. 6.00.03, the number of appropriate outlets for excess soil will be unnecessarily restricted. Supply of excess soil in Ontario will far exceed the demand generated by receiving sites. Furthermore, differences between MECP soil quality standards applied at material source sites and MNRF standards applied at aggregate resource receiving sites, will generate regulatory confusion and make enforcement more difficult.

Solution: We recommend that the MNRF defer to the MECP on appropriate soil quality criteria and that both agencies use the framework as set out in this regulatory package. This change could be implemented gradually and progressively via requests for minor amendment of Site Plan Approvals where there is a demonstrable deficit of material available for rehabilitation at a particular site.

With this change:
- Soil quality standards applied to bulk soil movement would be made consistent across regulatory agencies and across the clean soil supply chain from project source to aggregate receiving site.
- The MNRF could rely on the MECP’s framework for the fair, appropriate and consistent evaluation of site specific soil quality criteria. This would improve regulatory transparency and reduce inspector-level variations in policy interpretation currently observed across the province.
- Phasing out the MNRF policy, which refers to 'inert fill,' could reduce confusion and ambiguity deriving from changes to MECP O.Reg 347 definitions, namely, definitions of Inert Fill and Excess Soil.

Lafarge Canada Inc.