Excess Fill
Challenges and Opportunities
Presented by:
Carmela Marshall
Lakeridge Citizens for Clean Water
OSWCA 43 rd Annual Conference
January 28, 2014
Toronto, Ontario
Clean Water
is Everybody's
Business
OSWCA Website Tagline
Among many other contaminants,
cyanide found at 3000 times the
acceptable limit.
Lakeridge Site, Scugog
Adjacent to Natural Core Area
on the Oak Ridges Moraine.
Some Excess Soil Concerns
Contamination
Non-compliance Issues
Location of Receiving Site
Legislative Loopholes and Knowledge Gaps
Sideline 14, Pickering
“Clean fill” dumped at a rural home
subsequently found to be many times the
limit for petroleum hydrocarbons in all
samples tested. Fill ordered removed.
Unpermitted fill operation with soil certified to be acceptable,
found to greatly exceed limits in most samples and for many
contaminants.
City of Kawartha, Taylor’s Rd. fill site
Independent testing revealed
exceedances in heavy metal
concentrations that are toxic
to livestock.
Photo taken from May 15, 2012 MOE Memorandum
Assessment of Fill Material from Sheep Farm in Bailieboro Ontario
Expired Pit, East Gwillimbury
Covering active farm land
Filling in violation of agreement with municipality.
Morgan’s rd. Site, Clarington
Initiated without permits. Some
material found exceeding MOE
limits for a potable groundwater
area. Site remains overfilled.
Source Water Protection area
in Whitchurch Stouffville –
before fill operation
Filling in violation of municipal
agreement. Overfilled by an
estimated 250,000 cubic metres.
Source Water Protection
Drinking Water Threats
• Waste disposal sites
• Sewage systems (including septic)
• Agricultural and non-agricultural
source material applied to land,
stored, handled, or managed
• Commercial fertilizer applied,
handled, or stored
• Pesticides applied to land,
handled, or stored
• Road salt applied, handled, or
stored
• Snow stored
• Fuel handled or stored
from Clean
Water Act
• Activities taking water from an aquifer
(groundwater) or surface water body
(lake or river)
• Activities reducing recharge of an
aquifer’s underground water sources
(e.g. pavement)
• Livestock grazing, pasturing, outdoor
confinement area and farm-animal
yards
• Organic solvents handled or stored
• The handling and storage of a dense
non-aqueous phase liquid (DNAPL)
(e.g. oil & solvents)
• Chemicals used in the de-icing of
aircraft
Brownfield Regulatory Gaps
An Act to encourage the revitalization
of contaminated land - 2001
Environmental Protection Act
ONTARIO REGULATION 153/04
“Exhibition Place hotel plan stalled by fouled soil”
Toronto Star Sept 8, 2013
Municipalities are taking action – filling in gaps in their bylaws. New site-alteration by-laws in Scugog, Uxbridge, Brock,
Whitchurch-Stouffville, East-Gwillimbury, City of Kawartha
Lakes, New Tecumseth, Clarington……
Some Opportunities for
Responsible Reuse
• Matching Infrastructure Projects
• Mandatory Material Management Plans
• Call for an Inter-ministerial Task Force
Soil Bank Possibilities for Road
and Infrastructure Projects
“City of Guelph, Bulletin: June 20, 2012
• The City of Guelph stockpiled material from 34 different road
projects for three years before finding applications at a Ministry of
Transportation (MTO) roadway interchange project.
• The outcome was the reuse of about 230,000 m3 of recycled fill.
• An estimated savings of $900,000 was achieved in trucking and
material costs alone.”
Important Considerations: location, proper testing of materials, intended
reuse options
Final Summary Report-2012 Stakeholder Forum
Sustainable Solutions: A concept for a Soil and Material Management Campus, pg. 8
Bloom 2012, Region of Waterloo
Material Management Plan
Excerpt from the Residential and Civil
Construction Alliance of Ontario (RCCAO) MMP
Excerpt from RCCAO BMP Document
Best Management Practices for Handling Excess Construction Soils in Ontario, pg. 37
RCCAO (Residential and Civil Construction Alliance of Ontario) November 2012
Toronto’s
Planning and Growth Management Committee recommended
• requesting MOE to enact regulations
• that Soil Management Plans be considered
- for Toronto Green Standard
- for City-owned projects
• consider creating a Soil Bank
• consider requiring all developers to have a soil plan
Commercial Fill
• Is an industrial operation requiring more consideration
than an over-the-counter site alteration permit.
• Freedom from contamination is very difficult to
guarantee.
Improvement involves many
areas of regulation.
An Inter-ministerial Task Force is Required
1. Fill Brownfield Regulatory Gaps
• Ministry of the Environment to amend O. Reg. 153 to track excess soils to
receiving site and require soil quality documentation
2. Clear up use of MOE Soil and Groundwater Tables
•
•
•
•
MOE to develop Standards and Regulations outside of O. Reg 153
MOE to analyse cumulative effect (or load) for large fill sites
MOE to determine if salt impacted soils (in quantity) affect ground water
MOE to have a clear definition of “inert fill”/”clean fill”
3. Gain Jurisdiction over Aerodromes
• Federal Government to revise Aeronautical Act to specify provincial and
municipal right to regulate
• Municipalities to be educated on their rights over Aerodromes
4. Ministry of Municipal Affairs and Housing involvement
• MMAH 2015 review of ORMCP to consider large fill projects as Development
• High Aquifer Vulnerability and Significant Groundwater Recharge Areas in
ORMCP to be protected from large fill operations
• The Planning Act to define commercial fill operation as a use-of-land
• MMAH to require Material Management Plan in development projects
through Planning Act
5. Stronger Municipal By-laws
• Municipal by-laws to regulate and monitor large-scale fill operations
• MOE Standards Development Branch to develop fill guidelines for
municipalities
• MMAH, Conservation Ontario & AMO to provide model by-laws to
municipalities-consistent approach is needed
6. Stronger Conservation Authorities
• CAs need to better regulate fill operations
• MNR to develop CA regulations to allow them to expand from their current
emphasis
7. Considerations for Rehabilitation of Aggregate Sites
• Ministry of Natural Resources review of Aggregate Resources Act to consider fill
impacts for soil quality, landform conservation and rehabilitation practices
8. Ministry of Infrastructure and Ministry of Transportation Involvement
• Ministries to require Mandatory Material Management Plans for Excess Fill
Generated
Ontario Soil Regulation Task Force
• Lakeridge Citizens for Clean Water
• Rural Burlington Greenbelt
Coalition
• Clarington Citizens for Clean
Water and Soil
• Tecumseth Pines Residents
Association
• Citizens of Erin and Wellington
County
• East Gwillimbury Citizens for
Clean Water
• North West Whitby Residents for
Clean Water
• Bloomington residents
• Earthroots
• STORM
• …
• …
We welcome collaboration with
government and industry in
order to find sustainable and
responsible solutions for excess
soil management.
info@lakeridgecitizens.ca
www.lakeridgecitizens.ca