1. The timeline is too short…

1. The timeline is too short to address this ERO. An extension of at least another 60 days would provide community groups, municipalities, scientists, and others an opportunity to properly analyse the proposed regulations and their implications.

2. Municipalities require funds to develop, monitor and enforce excess soil regulations and bylaws. The financial burden should be at the expense of the companies profiting from soil dumping, not a cost to municipal taxpayers. Municipal taxpayers must be protected from risks associated with soil dumping by ensuring the dump developer or depositor has long-term liability insurance or posts an irrevocable bond for clean-up if pollutants escape from the site by means of ground water, sub-surface water or air.

3. Pits often have groundwater present in excavation sites. Placing soil into or near a water table has the potential for disastrous results for the surrounding community. Drinking water as well as farmlands and forests may be contaminated with these soils.

4. Dumping of excess soil into pits may pose new and long-lasting threats to ground and surface water. There are concerns about the cumulative impact of these contaminants as well as the long-term effects on the ecological functioning of the landscape. Evolving science may intensify these concerns. No controlled scientific testing of the impact of dumping potentially contaminated excess soils in pits and quarries has been completed by the Ministry

5. There should be municipal oversight and approval of the importation of soil for rehabilitation through site alteration and/or commercial fill. Municipal by-laws provide for consideration of local impacts. Restore trust with the public by providing an exemption to ARA Sec 66 to allow Municipal bylaws to enforce standards on incoming fill/soil when a license is in force.

6. There should be no self-filing of site plan amendments by industry, licence and approval holders.

7. Over or under 10,000 cubic metres of excess soil should require oversight by a Qualified Person. The proposal itself states that “record-keeping and oversight by a Qualified Person provides reassurance that suitable quality soil is used to facilitate rehabilitation post-extraction in pits and quarries”. As currently written in regulation 406/19, under 10 000 cubic metre does not require external oversight.