Thank-you for the…

Thank-you for the opportunity to respond to the ERO 019-4801. My comments in regard to the proposed regulatory changes and policy direction for importing soil to facilitate rehabilitation at authorized pits and quarries under the Aggregate Re- sources Act are as follows;

1. In this ERO under Proposed Ontario Regulation 244/97 changes, Item 3 you state; “For existing licence holders authorized to import fill to facilitate rehabilitation, add in rules in regulation, that when followed, would enable approval holders to make specific changes to their site plan without the need for Ministry review (i.e.(that is), self- filed amendment).”

I support the Aggregate Resources Act. However the Purposes of the Act under section 2 are, R.S.O. 1990, c. A.8, s. 2. States;

!PART I GENERAL

(a) to provide for the management of the aggregate resources of Ontario;

(b) to control and regulate aggregate operations on Crown and private lands;

(c) to require the rehabilitation of land from which aggregate has been excavated; and (d) to minimize adverse impact on the environment in respect of aggregate operations.”

It would appear the allowing self- filed amendments would decrease MNRF management and regulation and control which is the Purpose of the ARA.

I would hope that the NDMNRF will continue to Manage, Regulate, Require Rehabilitation, Minimize Impact On The Environment, Respect the Requirements of the Oak Ridges Moraine Conservation Plan, Greenbelt Plan and other Conservation plans in Ontario and continue to govern on all Aggregate resources and related activities now and in the future however;

I do not support the proposed regulatory changes and policy direction of ERO 019-4801 in that it is quite clear that NDMNRF is promoting the idea and intends to facilitate existing Site Plan changes to existing rehabilitation plans to allow fill to be brought in to pits and quarries. This will result in more broken promises, environmental risks and prolonged disruption to to affected communities. Please remember that any changes to the existing regulations must reinforce the Oak Ridges Moraine Conservation Plan and Act and other protected areas in Ontario.

2. In this ERO under Future and existing sites will. You state “For applications proposing to fill to grade, potential impacts to the community from the fill operation and prolonged life of the site will be considered.”

This seems weak. Promoting fill in aggregate pits in Ontario and especially in The Oak Ridges Moraine and other Conservation areas in Ontario will involve many risks. There are serious potential impacts not only to the community like health issues, noise, dust, increase truck traffic etc. which should be assessed not just considered. Although you talk about soil quality you don’t mention other environmental concerns, such as High Vulnerable Aquifer areas risks, decreased recharge of the aquifer, increased chance of groundwater contamination and other negative environmental effects and risks that need site specific assessments before considering importing fill.

The NDMNRF is already understaffed to Manage Aggregate Resources in Ontario. The NDMNRF is not equipped to effectively manage the importing of Excess Fill in pits and Quarries nor evaluate the site specific risk/benefit and to deem fill a “beneficial use”. This being said there should be no consideration in the proposal to allow self filed site plan amendments/changes that would enable approval- holders to make specific changes to their site plan without the need for ministry review. How about improving management rather than ignoring it as suggested.

3. In this ERO Under Applicants on Existing approved sites will: it states that “Complete consultation as directed by the ministry if requesting to make a significant change such as, to the rehabilitation plan and/or change the amount of fill i.e.(that is )quantity approved for importation on the site plan.”
Many existing operators for financial gain will desire to revise their site plans and specifically their rehabilitation plan so that they can import fill or increase the amount of fill they would need for their new proposed rehabilitation. If approved the NMMNRF will be assisting in prolonging the life of the pit and allowing negative impacts and disruption to the community as well as increased risks to the environment. Existing pits that did not have the importation of fill in their rehabilitation plan, at the time of licensing, should not be considered for imported fill by the NDMNRF now or in the future. Neither should existing pits that wish to increase the amount of fill in their existing rehabilitation plans. At proposed new aggregate sites operators should have to obtain local Municipal Fill Permits and/or follow Site Alteration By-laws in addition to approval by the MNRF. Community and environmental impacts will be better understood and addressed by the local Municipality or Township and should be seriously considered before approval. If any re- visions to existing rehabilitation and site plan changes are considered to add or increase any imported fill there should be an NMMNRF requirement for approval by the Municipality prior to fill being deemed, or even considered a beneficial purpose, by the NDM- NRF. In the ORMCP section 36 it states “Municipalities and the mineral aggregate industry are encouraged to work together to develop and implement comprehensive re- habilitation plans for parts of the Plan Area that are affected by mineral aggregate operations.”

Municipal by-laws provide for consideration of local impacts. Restore trust with the public by providing an exemption to ARA Sec 66 to require Municipal bylaws and permits to apply to incoming fill/soil in a licensed pits.

4. If importation of fill is considered, all negative impacts and increased truck traffic causing increased road maintenance costs and road cleaning etc., should be addressed and have plans in place to mitigate the impacts. The NDMNRF is not equipped to en- force these plans, nor manage quality control of the imported soil, nor evaluate if the soil is for a beneficial use. The municipality may have better alternate choices in mind where they would prefer to accept fill and it may not be in a pit.
Any financial burdens should be at the expense of the companies profiting from soil dumping, not a cost to municipal taxpayers. Municipalities if put in control could far better manage the site through permits which could include fill charges payable to the Municipality to cover road maintenance, enforce excess soil regulations and bylaws and effectively manage the site responsibly.

The NDMNRF should be collecting a tonnage fee for imported fill and distributing it to The Province and Townships/Municipalities affected, as compensation for the road maintenance and reconstruction etc.. Alternately and more effectively the control of imported fill should be given to the local Municipality/Townships. They have a better understanding of positive and negative effects, Fill permit fees could be assessed and paid by the Aggregate (FILL) Site Operators to cover costs to manage the site which would include adhering to quality control measures as well as road maintenance costs etc..

5. In the Proposed details section under the heading Background it states that “following the completion of excavation, approval holders must rehabilitate the site.”

Many existing licence holders and most new applications should contain Progressive Rehabilitation Plans to be done during the excavation not following the completion of the excavation as stated above.

If importing fill is considered it should be under progressive rehabilitation needs as not to extend the life of the pit after the completion of the aggregate removal.

6. In this ERO under Proposed Ontario Regulation 244/97 Changes under 1.a. It states “That excess soil placed below the water table must follow the soil management rules for environmentally sensitive areas under O.Reg( Ontario Regulation) 409/19, which means these areas would be limited to the most stringent (table 1 under the EPA(Environmental Protection Act)) quality Standards.”
There is no justification for placing excess soil below or even near the water table, even if it is Table 1 fill. The environmental risks could be devastating.

As stated in.O. Reg. 406/19 ,Section 2 (1) This regulation does not apply in respect to the following : 5. The final placement of excess soil on the bed of a surface of water- body, O. Reg. 406/19, s. 2.
Table 1 or any excess soil should not be placed below or near the water table. The concept of entertaining the placement of excess fill below the water table should be removed from this NMMNRF proposal.

7. 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 and risks to ground water quality. Evolving science may intensify these concerns. No con- trolled scientific testing of the impact of dumping potentially contaminated excess soils in pits and quarries has been completed by the Ministry. In section 36.1 (c) of the ORMCP it states ; “ the quality of fill received and the placement of fill at the site will not cause an adverse effect with regard to the current or proposed use of the property, the natural environment or cultural heritage resources and is compatible with adjacent land uses. There is always a risk to the environment that contaminated material may find its way into a pit or quarry if missed in the limited testing. Why take the chance if there are alternate safer sites that may be preferable.

The NMMNRF should re-evaluate the risk/benefit of promoting fill disposal in pits and quarries that could have serious risk to the environment and ground water especially in protected areas like the Oak Ridges Moraine etc..

8. Record-keeping and oversight by a Qualified Person provides reassurance that suit- able quality soil is used to facilitate rehabilitation.

The NMMNRF should revise the proposal to include Record-keeping and Q.P. oversight for any amount of fill importation considered, not just if it is over 10,000.00m3.


Any changes to the existing regulations must reinforce the Oak Ridges Moraine Conservation Plan and Act and other protected areas in Ontario.

9. In these pandemic times and due to the importance of this proposal we would request an extension to give all stakeholders a fair opportunity to comment on this proposal.

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 analyze the proposed regulations and their implications.

Conclusion
I am in agreement with the concept that rules for Soil Management and Excess Soil Quality Standards under O. Reg. (Ontario Regulation) 406/19 under EPA (Environmental Protection Act) should be considered to be incorporated in the ARA. Beyond this there are many concerns in regard to the proposed changes put forth in this ERO that are of great concern. Please carefully consider my comments above in revising the proposal described in ERO 019-4801.