In addition to our comments…

In addition to our comments submitted on the 1st proposal, we have only one new and significant comment to make on the second proposal that involves the requirement for an Excess Soils Management Plan (ESMP for soil movements between infrastructure projects of the same owner). We ask that the “infrastructure to infrastructure” exemption be re-instated in the current regulatory proposal.

Page 11 of the plain language document posted in 2017 reads:

The requirement for an ESMP does not apply in relation to excess soil which results from any one of the following circumstances:

e) Excess soil transfers between infrastructure projects where the proponent of those projects is the same.

This exemption has been removed from 2nd proposal in regulatory language. We ask that the exemption be included in the final regulation. The bulk of excess soil movements in Municipal construction projects come from infrastructure projects such as road construction, utility construction, and community services. By placing additional testing, reporting, and tracking of soil movements between projects such as roadway reconstruction you are ensuring that beneficial re-use soils will not occur and soils will continue to be placed within Ontario landfills. The cost to classify, store, re-load and transport excess soils to an infrastructure project site are already approaching the cost of landfill disposal. Any increase in complexity such as ESMP preparation, leachate sampling, and registrations will only move that cost closer to landfill tipping fees. Many municipalities lacking the professional resources to complete ESMPs and registrations will almost certainly choose the easier route of landfill disposal. This is not a good use of beneficial soils, does not alleviate the strain on our existing landfill space, and is certainly “Bad for Business” in Ontario.