MOECC efforts to seek advice…

MOECC efforts to seek advice and input on excess soil using a multi-ministry and multi-stakeholder engagement approach were very much appreciated. It is evident that feedback was considered and has informed on the development of this Regulatory Proposal. We are generally supportive of the posted Excess Soil Management Regulatory Proposal. We do, however, have one main concern associated with the proposal. Our feedback is provided with the intent to improve the integrity, resilience and effectiveness of the resulting excess soil system in Ontario.

We have identified an oversight / possible unintended consequences of proposed regulatory changes that could impede MOECC’s objectives as set out in the Excess Soil Policy Framework. Addressing these gaps will prevent confusion for certain receiving sites, will facilitate transparency and source site compliance and will better enable enforcement mechanisms with clearly articulated expectations.

Receiving sites governed by an MNRF Site Plan Approval can import material if required, if allowed by Site Plan Condition and if import meets terms and conditions of Policy No. A.R. 6.00.03 (Importation of Inert Fill for the Purpose of Rehabilitation).

Policy No. A.R. 6.00.03, however, relies on the current definition of 'Inert Fill' as currently stated in O. Reg. 347. If the definition of Inert Fill is amended to clarify that excess soil is not inert fill, amendments to A.R. 6.00.03 would also be required.

Policy No. A.R. 6.00.03 could be further improved by referencing MOECC Rationale Document for Reuse of Excess Soil at Receiving Sites to provide clarity and transparency for addressing elevated background concentrations of certain metals and/or establishing site specific criteria where appropriate.

[Original Comment ID: 209810]