The Ontario government has released a new policy framework that could impact how excess soil – also known as “fill” – is regulated, who is responsible and the role municipalities play in the process.
The proposed Excess Soil Management Policy Framework, completed by the Ministry of Environment and Climate Change (MOECC), would shift more responsibility onto those generating the fill, including better plans for appropriate re-use and tracking and recording fill from source to re-use.
It also recognizes the potential risks associated with mismanagement of fill.
“Improper management can result in impact to ground or surface water quality and/or quantity, natural areas and agricultural lands, and cause a number of local issues, including concerns regarding noise, dust, truck traffic, road damage, erosion, drainage and other social, health and environmental concerns,” the document states.
Wellington-Halton Hills MPP Ted Arnott released a statement recognizing compromised soil as a big issue in the riding.
“The proposed policy framework is clearly an acknowledgement by the government that the current system isn’t good enough,” Arnott said in his press release.
“I’m glad they’ve finally gotten back to us in a comprehensive manner, but it shouldn’t have taken them four years to reach that conclusion.”
The review of fill management was a response to an environmental bill of rights application in November 2013. The province then engaged stakeholders, including Puslinch Township, and found a need for:
– greater responsibility by owners of source sites;
– clearer roles and responsibilities;
– filling specific gaps and providing guidance to promote better oversight at receiving sites;
– greater clarity of existing regulations;
– enhanced enforcement mechanisms and tools;
– clearer technical guidance and direction;
– better tracking and record keeping;
– protection of sensitive areas of provincial and local interest; and
– greater consideration of excess soil management during planning.
The framework would implement regulations on the source sites, including requiring excess soil management plans and building permits. It would also regulate receiving sites by requiring records for fill brought to licensed aggregate sites and develop best practices for farmers.
The proposal outlines 21 action items through different ministries and stakeholders, seven of which are currently underway, eight for short-term completion in 2016 and seven devoted to long-term completion. One action item is being committed to both short- and long-term completion.
Municipalities not ready to respond
Currently, there are no province-wide regulations governing excess soil, so the responsibility falls on municipalities or conservation authorities.
Puslinch CAO Karen Lundy explained the township amended its site alteration bylaw three times in 2015.
Lundy added the township has not yet reviewed the provincial policy framework, but it “will appear before Puslinch council at an upcoming meeting for information and comment.”
Robert Kelly, chief building officer for Puslinch, said fill is not a problem right now, but the township has had incidents in the past.
“It’s not a current problem; there’s a few places that we’ve experienced – we’ll call it dumping, but in general most of the activity has been through a permanent process,” he said.
Kelly said he couldn’t comment on the potential for the provincial framework to help or hinder municipalities until he has read it.
“It has the potential to go either way depending on what’s written in the provincial policy,” he said.
In Erin, likely the municipality in Wellington most affected by fill importation due to its proximity to the GTA, officials are re-working the town’s fill bylaw. The bylaw update has been on the activity list reported to council each meeting for many months.
In a recent update to council, CAO Kathryn Ironmonger said the staff were watching the Municipality of Scugog for guidance (Ironmonger was not available to answer questions by press time).
In December Erin councillor Jeff Duncan asked council to look into having a county-wide site-alteration bylaw.
Public response
Arnott said in the press release he hopes the report is taken seriously and “doesn’t just gather dust on a shelf.”
He added, “Given the volume of fill that is being trucked out of the city and dumped in rural Ontario, we have a responsibility to ensure that this fill is safe and that the health of local residents and the safety of our water supply isn’t being put at risk.”
The document called on multiple ministries to be a part of the new policy, including Ministry of Natural Resources, Ministry of Agriculture, Food and Rural Affairs, and Ministry of Municipal Affairs and Housing.
“The provincial role will be established through a multi-ministry approach. Ministries will enable and facilitate, and in some cases provide oversight and implement, sustainable excess soil management,” the report stated.
The province is seeking input on the following questions:
– Does the proposed policy framework include adequate policy tools and actions to improve the management of excess soil in Ontario? If not, what additional tools or actions would you suggest?
– Are you aware of examples of existing best practices from other jurisdictions that may be helpful to Ontario that you would like to share?
– Which proposed actions do you see as a priority?
– What role do you see for you or your organization in implementing the proposed framework?
– What role do you see for industry or non-governmental organizations in supporting delivery of excess soil programs for soil matching, tracking, and promoting innovation, etc.?
– How can the province best continue to engage you or your organization and the public as it moves forward?
The public can comment on this proposal by visiting www.ebr.gov.on.ca and search registry number 012-6065. Comments will be open until March 26.
