Summary of Issue

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Things to Consider

For large scale site alterations, municipalities may require owners to enter into site alteration agreements with the municipality (sometimes referred to as Fill Agreements or Permit Agreements), which are often registered on title.

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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

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Key Takeaways

Regarding larger excess soil movements to reuse sites, the Excess Soil Regulation requires larger project areas (receiving 10,000 m3 of excess soil or more for a beneficial reuse undertaking) to register, develop procedures to track and inspect soil received, and develop procedures to prevent potential adverse effect. This will not include reuse sites that are part of an undertaking related to an infrastructure project. See Section 19 of the regulation.

These additional requirements will help to ensure that these reuse sites are receiving soil that meets the appropriate reuse conditions and that the storage of excess soil for final placement in respect of an undertaking at the reuse site does not cause an adverse effect. It is a relevant take away when thinking about larger sites that may require site alteration agreements.

 

By-law Sections

Permit Agreement

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Things to Consider

An example of how current by-law language could be changed to integrate the Excess Soil Regulation, is to change the standards being referred to from the standards under the Brownfields regulation (O. Reg. 153/04) to the standards under the Excess Soil Regulation.

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Sample Language

“LARGE SCALE/COMMERCIAL SITE ALTERATIONS 8. (1) No person shall place or dump fill or cause or permit fill to be placed or dumped in connection with a large scale/commercial site alteration unless such fill complies with the applicable standards in the document “Rules for Soil Management and Excess Soil Quality Standards” which is adopted by reference in Soil, Ground Water and Sediment Standards for use under Part XV.1 of the EPA O.Reg 406/19 On-site and Excess Soil Management, December 2019 or as amended, “Management of Excess Soil – A Guide for Best Management Practices, January 2014”, or as required by the Director.” [1]

 
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Things to Consider

The Township of King has a draft Site Alteration by-law (slated for adoption in early 2021) which will establish a threshold for increased assurances from permit holders, that is considerably lower than the 10,000 m3 threshold associated with Sections 19 and 21 of the Excess Soil Regulation, respectively. Below is the rationale from the Township:

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Sample Language

“Major Movement of Fill” means the permanent importation or temporary storage of Fill from off-Site more than 4,000 m3 (approximately 400 triaxle truckloads).

Any Large Site Alteration that involves the permanent importation of Fill (to a Reuse Site) or Temporary Storage of Fill (such as a Soil Bank Storage Site or Temporary Fill Storage Site) from off-Site, in excess of 4,000 m3 (approximately 400 triaxle truckloads), is considered a Major Movement of Fill and requires additional application requirements, including but not limited to:

a Al lthe requirements of a Large Site Alteration;

b. A Site Alteration and Fill Management Plan prepared by a Qualified Person;

c. A legal agreement with the Township at the discretion of the Director; and

d.  A Public information Centre, or as determined by the Director;

e.  Approval of Council.

Note – As the proposed by-law has not yet been adopted, the size threshold may change, however staff have established this number to balance common work with increasing liability for the Township. The threshold of 4,000 m3is well below the 10,000 m3specified in Section 19(1) of the Excess Soil Regulation

 
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Key Resource

For further information, see MECP’s Factsheet on Reuse Sites ( https://www.ontario.ca/page/handling-excess-soil) with an overview of relevant regulatory requirements, best management practices, FAQs and key definitions related large project areas. Other factsheets available on this page may also be relevant.

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.

See the complete USM Site Alteration Agreement for more information.

Whitchurch-Stouffville Agreement Template Town of Whitchurch-Stouffville  Guideline to Site Alteration  Guideline-to-Site-Alteration-2019-068-RE.pdf (townofws.ca)

See Appendix B of the Whitchurch-Stouffville Guideline for Application of a Site Alteration and Fill Permit –Agreement Template for Large Site Alteration.[2]

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Examples:

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.

See the complete USM Site Alteration Agreement for more information.

Whitchurch-Stouffville Agreement Template Town of Whitchurch-Stouffville  Guideline to Site Alteration  Guideline-to-Site-Alteration-2019-068-RE.pdf (townofws.ca)

See Appendix B of the Whitchurch-Stouffville Guideline for Application of a Site Alteration and Fill Permit –Agreement Template for Large Site Alteration. [3]

 
 

Permit Agreement

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Things to Consider

Municipalities may require the owner or permit applicant of a large site alteration to enter into a permit or site alteration agreement with the municipality. The agreement specifies that the owner or permit applicant has agreed to a list of terms deemed necessary by the municipality. The agreements are typically registered to the title of the land on which the site alteration is to be performed, and often must be approved by Council before a permit can be issued. Examples of permit agreement requirements for large site alterations are provided below.

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Sample Language

“Where greater than one thousand (1,000) cubic metres of fill is being placed or dumped or where the resulting proposed grade will be greater than two (2) metres above or below adjacent existing grade, the owner shall provide

a complete application and enter into an agreement with the Corporation which shall be registered on title to the land on which the work is to be performed and such agreement shall include the following conditions:”[4]

OR

“Where the calculated site alteration volume is greater than 1000 cubic metres or where the proposed elevation will be greater than 1m above or below the originally existing grades, the owner shall, in addition to providing a complete application as detailed in this by-law, enter into a Site Alteration Agreement with the Town in a form to be approved by the town; which shall be registered on title to the land on which the site alteration is to be performed. The application for a Large Scale Site Alteration Agreement shall be submitted for approval by Council.” [5]

 
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By-Law Requirements

Municipal by-law provisions for permit agreements generally include requirements to:

  • retain a qualified person;

  • perform the site alteration in accordance with the by-law;

  • provide regular reports on the site alteration;

  • complete the site alteration by the date noted in the permit,

  • not contaminate the natural environment;

  • ensure that the fill does not contain any putrescible material and meet prescribed criteria;

  • provide a report from a qualified person confirming the site alteration will not result in damage to the natural environment including water bodies [see Water Quality Protection Issue page] or trees;

  • acknowledge that the municipality may charge the owner for costs required to hire technical professionals to evaluate studies or agreements pertaining to the site [see Fees, Cost Recovery, Financial Assurance Issue page];

  • provide security and/or to indemnify the corporation; and

  • comply with other requirements, as deemed necessary by the municipality.

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Additional Permit Requirements

Additional permit requirements generally include:

  • the provision of a Fill Management Plan;

  • the requirement for groundwater monitoring;

  • the provision of a grading plan and/or site plan;

  • mud and dust control measures;

  • erosion and sedimentation control measures;

  • hours of operation and noise mitigation;

  • approved haul routes;

  • truck traffic requirements;

  • a complaint protocol;

  • requirements for source site approval;

  • public meetings;

  • right of entry;

  • reporting;

  • default provisions;

  • liability insurance;

  • application to court;

  • record retention and a public liaison committee; and

  • other requirements deemed necessary by the municipality.

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Examples

For detailed examples of requirements for large scale site alterations refer to municipal by-laws such as Section 5 – Site Alteration Agreements for Large Scale Site Alterations in the City of Burlington’s by-law [6] and in the Town of Erin’s by-law section - Additional Requirements for Large Scale Site Alterations [7].

References

[1] Halton Hills 2019 Site Alteration By-law -as amended

[2] Guideline for Application of a Site Alteration and Fill Permit (http://www.townofws.ca/en/residents/resources/Documents/Engineering/1_-_Site_Alteration_By-law_Update_Attachment_1.pdf)

[3] 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)

[4] Erin-Site Alteration By-law 16-31 (http://www.erin.ca/file.ashx?id=c54d2c84-40cf-4eaf-8fab-3f4b051401b0)

[5] City of Burlington Site Alteration By-law 64-2014 (http://www.burlington.ca/en/modules/by-laws/by-law/details/3a5b5a42-0ea3-4126-b273-e850afb82198)

[6] Town of Erin Site Alteration By-law 16-30 (http://www.erin.ca/file.ashx?id=c54d2c84-40cf-4eaf-8fab-3f4b051401b0)