June 23, 2017…

June 23, 2017

Ministry of the Environment and Climate Change
Climate Change and Environmental Policy Division
Land and Water Policy Branch
40 St. Clair Avenue West, Floor 10
Toronto, Ontario
M4V 1M2
Phone: (416) 326-5107

Attention:Sanjay Coelho, Senior Policy Analyst

Dear Sir: Subject:Excess Soil Management Regulatory Proposal - Comments Submission

Staff at WSP Canada have reviewed the Proposed Excess Soil Regulatory Package and have the following comments / questions for your consideration. COMMENTS / QUESTIONS

•Will registered ESMPs be available to the public (similar to RSC database)?

•What constitutes as small infrastructure projects?

•What is the exemption for routine maintenance for municipalities? Does this include large water/sewer replacement project of old infrastructure that had design and tendering components?

•Provide a clear definition of regular maintenance or repair of infrastructure, including roads, drinking water, sewage and stormwater systems?

•The “Proposed Regulatory Package Overview” slides states that new infrastructure or replacement are not exempt from an ESMP. Please clarify how repair of infrastructure is exempt, but replacement of infrastructure in not exempt. How can you repair infrastructure without replacing something?

•Will there be exemption for municipal infrastructure projects that conduct work within a ROW where they don’t own the lands?

•Is a subdivision development site that will have internal roads and municipal services considered an infrastructure project? This would be a property that is eventually turned over to the municipality who would manage the infrastructure but would at the time of development be owned privately. Your input on this would be very helpful.

•If no PCAs (therefore no APECs, therefore no COPCs) are identified on the property in the Phase One ESA, is the minimum parameter list still metals and inorganics and PHCs?

•Will any projects be grandfathered in if they are multi-year or ongoing projects/programs?

•Will representative be required at both the receiving and source site to record truck movement?

•If a project is exempt, are there any other requirements (i.e. registration)?

•Does rock (pulverized rock) and/or tunneling spoils fall under the ESMP requirements?

•Would a Phase One ESA be required to be completed in terms of characterization if ESMPs are required for infrastructure projects (long stretches of roadways)?

•How will the transport and hauling components of this regulation be enforced?

•What is the background search radius for conducting the Phase One ESA? 250 m or can this be limited if it is determined by the QP that it is not needed.

•How will the studies and information filed on the environmental registry be enforced? Will ESMPs be audited/reviewed?

•Is provincially owned properties in the urban environment considered Crown land?

•“Contaminants of Potential Concern” (COPC) is defined as contaminants that may potentially be present in soil or groundwater at levels of concern. Why is sediment excluded from the definition of a COPC? Will MOECC consider adding sediment to the definition?

•Has the MOECC considered any amendments to stratified ownerships at RSC properties to be aligned with the Condominium Act? eg. Public parking owners the basement parking levels and the building developer owners the condominium tower, currently a RSC cannot be filed at a vertically stratified property.

•“… soil that is brought from other properties to a property for which a RSC will be filed (RSC property).” This statement is in the future tense for the filing of a RSC. Currently, O.Reg. 153/04 Section 55 states it in past tense, 55. (1) Soil that did not originate at a RSC property may be brought from another property to a RSC property to remain there following the filing of a record of site condition only where the RSC property, … Will there be a change in the timing of applying O.Reg. 153/04 to a RSC or future RSC property? Can the MOECC clearly define “knowledge of when a RSC will be filed”?

Regards,

Marty Barons, P.Eng., QPESA
Environmental Engineer

[Original Comment ID: 209826]