General Comments The current…

General Comments

The current ARA processes allow pit and quarry operators to import fill and excess soil to
facilitate rehabilitation. However, there is currently little provincial oversight to monitor the
source, quality and suitability of materials being imported. It is understood that the
proposed regulatory measures will require aggregate operators to retain qualified
professionals (QPs) to provide oversight at sites receiving large quantities of excess soil
(>10,000m3) or if placing excess soil below water table and keep detailed records to
provide that sites which are authorized to import fill for rehabilitation are applying
appropriate soil quality standards and maintaining a standard of information similar to
requirements that would apply to receiving sites that are not regulated under the ARA.
It is also understood that all ARA approval holders (existing and future) that are authorized
to import excess soil for rehabilitation purposes, at a minimum, follow the applicable
standards and rules in the Rules for Soil Management and Excess Soil Quality Standards
under the Environmental Protection Act (EPA).

Regional staff are supportive of the principle of creating consistency between requirements
under the Environmental Protection Act and the Aggregate Resources Act (ARA) provided
that matters relating to municipal jurisdiction, community impact, environmental and public
health are considered and addressed in the proposals.

Minimizing environmental, community and social impacts from extraction operations is a
policy of the Regional Official Plan. In addition, the Regional Official Plan promotes
progressive rehabilitation in a manner that conforms with Provincial plans and policies.
Regional staff is supportive of applying a framework that would require a licencee to ensure
that imported soil at a receiving site has undergone a detailed assessment of past uses for
the excess soil including a sampling and analysis plan and soil characterization report. Also,
in order to assist municipalities in monitoring potential impacts, the implementation of the
excess soil Tracking System within pits and quarries is important. Requiring the inclusion of
excess soil importation data and compliance verification in annual ARA Compliance
Assessment Reports for individual licences should also be considered with the regulations.

Proposed Ontario Regulation 244/97 Changes

Recommendation 1: Encourage licence holders to achieve the highest standard of
mitigation against potential impacts.

As noted in the ERO 019-4801, the applicable standards and rules in the Rules for Soil
Management and Excess Soil Quality Standards represents a minimum requirement.
Aggregate licence holders should be encouraged to strive to achieve the highest level of
mitigation against adverse impacts that can be achieved for a future property or site
conditions.

Recommendation 2: Consider adding or expanding current hydrogeologic study
requirements to address the potential impacts of importing large quantities of excess soil.

In addition to soil quality standards, the Province should ensure that rigorous study
standards are listed as a requirement and will apply when the importation of excess soil is
considered as part of an aggregate operation prior to ARA licence approvals being granted
or when non-minor amendments to an existing ARA licence or site plan are considered. It is
recommended the Ministry address the need for hydrogeological study requirements when
large quantities of excess soil are proposed as part of an ARA licence’s soil rehabilitation
plan. This is potentially important at sites where changes to groundwater quality have the
potential to impact off-site sensitive uses including adjacent municipal drinking water
sources or concentrations of private wells or when changes to the imperviousness of
imported soil has the potential to impact local recharge and discharge to sensitive
environmental features.

Recommendation 3: Site-specific standards for excess soil being placed below the water
table should follow the most stringent standard possible and be subject to further
Ministry of Northern Development, Mines, Natural Resources and Forestry oversight.

Subject to confirmation that hydrogeological conditions are suitable, the recommendation
that the most stringent Table 1 soil quality standards under the EPA O. Reg. 406/19 will
apply when excess soil is placed below the water table is supported. This requirement
should be specified for both new and existing licences under the ARA.

Regarding circumstances where a site-specific standard, developed through the use of the
Beneficial Reuse Assessment tool (BRAT) in accordance with O.Reg. 406/19 may be used,
Regional staff support the proposed regulation to require the Ministry of Northern
Development, Mines, Natural Resources and Forestry to review and approve the sitespecific standard, particularly when excess soil is being placed in proximity to sensitive land uses, subject to consultation with affected municipalities and communities.

Proposed Rescinding Policy, A.R. 6.00.03, Importation of Inert Fill for the Purpose of
Rehabilitation

Recommendation 4: Require mitigation against potential future impacts to communities.

The proposed amendment will require, for applications proposing to fill-to-grade, that
potential impacts to the community from the fill operation and prolonged life of the site will
be considered. Regional staff recommend that this requirement be significantly
strengthened. Impacts to the community should be considered and mitigated against to the
greatest possible extent.

Recommendation 5: Require consultation with municipalities and adjacent property
owners/surrounding communities.

Applicants proposing to amend an existing licence or site plan to change the amount of fill
(i.e. quantity of excess soil) that is approved for importation should be required to provide
public notification and consult with the affected municipality, local community and adjacent
property owners.

Recommendation 6: Subject to further consultation with municipalities, the Ministry
should address the potential overlap and interference with municipal regulation of fill at
receiving sites under the Municipal Act.

The proposal provided little information on the potential overlap and interference with the
regulatory authority afforded to municipalities under the Municipal Act in jurisdictions that
have adopted municipal fill by-laws. It is unclear if the new regulation will enable
municipalities that wish to provide oversight and regulate the importation of large
quantities of excess soil at aggregate sites under their Municipal Act authority will be able to
do so. Additional consultation with affected municipalities should be undertaken on this
question. The two sets of regulatory authorities should be complementary and achieve
similar outcomes.