Council ‘reluctantly’ approves zoning amendment for Badger to continue hydrovac operations
ABERFOLYE – Puslinch council “reluctantly” approved a zoning bylaw amendment on July 15 that will allow Badger Daylighting to continue its hydrovac operation at 6676-6678 Wellington Road 34.
Capital Paving holds a license for the northern portion of the site and it is reaching the end of its license.
Badger sought a zoning amendment to permit a temporary liquid soil management operation on the southern portion of the site and intends to use the resulting soil for remediation of the gravel pit once it shuts down.
Liquid soil management – hydrovac – is the process of depositing, draining and drying liquid soils.
The township is concerned waste could be brought in that could contaminate groundwater and, in 2023, council voted against the zoning amendment.
Badger tried to appeal by taking the township to the Ontario Land Tribunal (OLT) but withdrew its complaint before a hearing commenced.
At the time, Frank Ertl, owner of Badger Daylighting, told the Advertiser he withdrew because it was too costly and stressful.
Instead, he sought environmental compliance approval (ECA) from the Ministry of the Environment, Conservation and Parks, which was granted in 2024.
And with some strict provisions in the site plan control agreement, township staff and its consultants were satisfied with the proposal and recommended that council approve it.
“I don’t feel it would win at the OLT,” said councillor John Sepulis, adding he took comfort in knowing the consultants’ concerns were satisfied and that permissions were granted for just three years.
“So I reluctantly support it,” he said.
Councillor Sara Bailey said she hopes there is a complaint policy written into the site plan control agreement, and staff assured her there is.
Mayor James Seeley read a statement saying there is a lot of trust in the proposal and he hopes Badger will be worthy of that trust.
“We’re placing our trust in the property owner,” Seeley said. “And when rehabilitation is complete, we trust it will transition as stated (back to agricultural use).”
Seeley also noted the proposal was successful in part because of vague language in Wellington County’s official plan that enables this type of use. He hopes the county will tighten up that wording.
