Summary of Issue

Things to Consider

Aggregate sites, of which there are approximately 6000 active operations in Ontario,  are seen as a strategic resource to the economic wellbeing of the Province. The Ministry of Natural Resources and Forestry (MNRF) regulates aggregate extraction on all Crown lands and private lands where designated in Ontario.   The Aggregate Resources Act (ARA) requires progressive (ongoing) rehabilitation of aggregate sites and, once the deposit is depleted, final rehabilitation of the site. Minimum requirements for rehabilitation include grading the site so that all excavation faces in a pit have a slope that is at least three horizontal metres for every vertical metre (3:1) and all excavation faces in a quarry have a slope that is at least two horizontal metres for every vertical metre (2:1). Adequate vegetation must be established and maintained as well as grading for proper drainage. 

Today, with an urgent need for reuse sites, rehabilitated aggregate sites where the licence/permit has been surrendered (also known as “post extraction sites”) potentially represent significant “airspace volume capacity” for excess soils. Sites must be assessed to determine the suitability for receiving fill. See “Scientific Report: Beneficial Reuse of Excess Soil at Aggregate Pits and Quarries” prepared by the Ontario Society of Professional Engineers) [1] 

Short Form References

This page makes reference to:

• The “Excess Soil Regulation”  which is the short form for the Ontario Regulation 406/19 On-Site and Excess Soil Management made under the Environmental Protection Act

• The “Rules document” which is the short form the reference document to the regulation entitled Rules for Soil Management and Excess Soil Quality Standards

• MECP BMP - which is Ministry of Environment, Conservation and Parks document of Excess Soil – A Guide for Best Management Practices.

• Brownfields regulation refers to Ontario Regulation 153/0

Key Takeaways

The Excess Soil Regulation does not apply to extracted resources from aggregate sites within the meaning of the Aggregates Resources Act (see Section 2), as follows:

The operation of a pit or quarry from which consolidated or unconsolidated aggregate within the meaning of the Aggregate Resources Act is excavated, including the use and production of recycled aggregate in the pit or quarry.

However, it also  indicates, in subsection 2(2):

Despite paragraph 2 of subsection (1), this Regulation applies to the deposit and final placement of excess soil at a pit or quarry for reuse at the pit or quarry, including for the purpose of rehabilitating the pit or quarry.

This means products shipped, including recycled aggregate, from these sites would not be managed as “excess soil”. However, the excess soil being received for rehabilitation purposes (or other beneficial reuse purposes) would be regulated under the Excess Soil Regulation. See the Overview of the Regulation for a general overview of reuse requirements from the Excess Soil Regulation, as well as resources on the Ministry’s excess soil webpage (Handling excess soil | Ontario.ca). It is noteworthy that municipal by-laws and permits and a licence or permit issued under the Aggregate Resources Act are both considered to be instruments under the Excess Soil Regulation.

The ARA requires that the site must be rehabilitated to the original land use or a land use that is compatible with adjacent land uses. In some areas, there may be privately-owned properties that were formerly aggregate sites (i.e., the licence/permit has been surrendered) that could be suitable for the placement of additional excess soil. If the pit is still under licence, the operator may apply for a Major Amendment to allow more Fill than was in the initial licence.  The municipality would have input during the public consultation but would have no legal administrative control while it is licenced.  Once the licence is surrendered however, the reuse site would be fully under municipal control. (Note: incidentally the Excess Soil Regulation identifies a licence or permit issued under the Aggregate Resources Act as an “instrument”; See Section 3 of the Excess Soil Regulation.) As stated earlier,  bylaws/permits are also instruments under the regulation.)

Where it has been determined that a rehabilitated  pit or quarry is a suitable location for the large-scale deposit of excess soil,  a municipality may play a role in approving a fill operation which, when combined with the appropriate oversight and management (Fill Management Plans, ongoing community engagement, regular reporting and testing)  the deposit of excess soil could result in a landform that is equally or more compatible with the current long-term land use plans of the area and also offer jobs associated with the excess soil management and any associated economic benefits.

Resources

Changes have been  made to the Aggregate Resources Act, Ontario Regulation 244/97 and the Aggregate Resources in Ontario Provincial Standards . For more information, see Aggregate resources | Ontario.ca . The regulation can be found here: O. Reg. 244/97: GENERAL (ontario.ca).  A plain language summary is provided by MHBC Planning and can be found on the Ontario Stone Sand and Gravel Association (OSSGA)  website Aggregate Resources Act (ossga.com) with a link to the MHBC document.

Example

United Soils Management (USM): Whitchurch-Stouffville Site Alteration Permit

USM is restoring the Whitchurch-Stouffville Lee Sand & Gravel Pit to farmland through a large scale fill operation and has so far received public and government support. USM has been following Whitchurch -Stouffville’s 2016 Fill By-law and, in some cases, has gone above the requirements. A thorough Fill Management Plan was designed and implemented in accordance with the by-law, and has since incorporated an amendment for the acceptance of hydro-excavation liquid soils.

NOTE:  The Excess Soil Regulation defines liquid soil and has implications for its management.  For example,  in Section 3 of the regulation, it states:

“(2) Excess soil is not designated as waste if all of the following criteria are satisfied: … 3. The excess soil is dry soil and remains dry soil until it is finally placed at the reuse site, or, if it is not dry soil, an instrument described in paragraph 4 authorizes the excess soil to be deposited at the reuse site.”

NOTE: This only applies to movement to a reuse site. Excess soil going to a class 2 site, local waste transfer facility etc. would technically be designated a waste.

Contact the Town of Whitchurch Stouville directly to access the complete USM Fill Management Plan for more information.

By-law Sections

Exemptions

Things to Consider

Municipal Site Alteration or Fill by-laws typically include exemptions for:

a) Sites which are licenced or permitted under the Aggregate Resources Act. The following example refers to ARA licences (as is applied in most of southern Ontario), and wayside permits, however aggregate sites can also be approved through aggregate permits, which municipalities may choose to reference in by-law provisions.

b)     Site alteration required to lawfully establish, operate or enlarge a pit or quarry, for example:

c)     Site alteration for rehabilitation or filling activities in a pit or quarry licensed under the Act, for example:

References

[1] OSPE is the professional association that includes all engineers in Ontario. Their relevant publications are available on the OSPE website.

[2] Townishp of King – By-law 2021 – xxxx This is a temporary site while the public engagement process is underway. Site Alteration By-law Review | SPEAKING - Your voice, our community. For a permanent location – search www.king.ca

[3] Markham By-law 2011-232 (https://www.markham.ca/wps/wcm/connect/markhampublic/d9c29487-be8a-435c-b22d-ce3113e56380/2011-232.pdf?MOD=AJPERES&CACHEID=d9c29487-be8a-435c-b22d-ce3113e56380)

[4] Town of Mono - By-law 2020-XXXX, a By-law to Regulate Site Alteration and Movement of Fill within the Town of Mono. Town of Mono | Home

[5] Milton By-law 33-2004 (https://www.milton.ca/MeetingDocuments/Council/by-laws2004/033-2004%20Site%20Alteration%20By-law%20(Consolidated).pdf)

[6] Uxbridge By-law 2010-084 (http://town.uxbridge.on.ca/sites/default/files/by_laws/Fill%20(Site%20Alteration)%20By-law%20No.%202010-084%20-%20consolidated.pdf)