These proposed regulations…

These proposed regulations represent significant threats to communities, ecosystems, farmland, surface and groundwater due to the lack of appropriate soil testing before dumping in pits containing groundwater.

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.

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. Small municipalities may not have available personnel with the appropriate expertise and training to administer such a program.

Pits often have groundwater present in excavation sites. Placing soil into or near a watertable has the potential for disastrous results for the surrounding community. Drinking water as well as farmlands and forests may be contaminated with these soils. If the contaminated excess soils are taken from a current "hotspot", then Ontario is multiplying the number of hotspots.

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. Why not test out the theories at a few locations before this initiative is adopted Province wide?

Wherever possible 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.

The public deserves advance notice of site plan amendments. There should be no self-filing of site plan amendments by industry, licence and approval holders.

It is respectfully submitted that 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.