Summary of Issue

Things to Consider

Traffic and transportation issues generated from site alteration activities can have a significant impact on community and municipal infrastructure, specifically truck operations related to large scale site alterations. Municipalities may require site owners/operators to complete a traffic and transportation management plan. Guidance can be derived from MECP’s BMP document. For example, it includes guidance on:

location and configuration of site entrances;
truck queuing and parking;
dust control and mud-tracking prevention/truck cleaning; and
haul routes between Source Sites, Receiving Sites and Temporary Soil Storage Sites.” [1]

The MECP further recommends that lower tier and upper tier municipalities are consulted in the planning of transportation routes. Municipalities should also consider noise control and potential road damage.

A traffic and transportation management plan is a typical requirement of a FMP.

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 153/04

Key Takeaways

While traffic and transportation plans are not formally required per the Excess Soil Regulation or Rules document, these are supported in the ONEIA Best Management Practices for Hauling (see link in Resources below). And, the Excess Soil Regulation creates new requirements related to the hauling of excess soil, as follows:

January 1, 2021

Haulers are responsible to have key information available at all times during transportation related to the excess soil they are transporting and need to be able to provide this verbally if asked (e.g., locations excess soil is transported to and from, date, time and quantity loaded). See Section 18 of the Excess Soil Regulation.
The location where excess soil or liquid soil is to be transported to will be provided to the hauler by the project leader, or another designate at the project area (source site).
New requirements for vehicles that are used in the transport of excess soil and liquid soil to ensure safe containment during transportation (if these are met, an ECA for waste is not needed).

January 1, 2022

Requirements come into effect for haulers to carry a physical or electronic hauling record during all times of transport. Section 29 of the Excess Soil Regulation outlines what these records are to include (note that they can be electronic or physical); these requirements replace Section 18 as of January 1, 2022.
The location where excess soil or liquid soil is to be transported to, will continue to be provided to the hauler by the project leader, or another designate at the project area.
Hauler must provide the hauling record to the site which will be accepting the excess soil or liquid soil for deposit for a beneficial reuse, or for temporary storage, processing or disposal.

Resource: Hauling Best Practices

More details on hauling can be found in the following document for the Ontario Environmental Industry Association: Best Practices for Hauling for Consideration with O. Reg. 406/19: On-site and Excess Soil Management in Ontario (https://www.oneia.ca/resources/Documents/Excess%20Soils%20Documents/Hauling/Haulers%20Best%20Practices%20-%20Version%201.pdf).

By-Law Sections

General Prohibitions and Regulations

Things to Consider

Road Damage

To reduce the risk of road damage, a municipality can include the following clause to protect roads whose condition may not be able to sustain major truck transport:

Sample Language

“No person shall place or dump fill or cause or permit fill to be placed or dumped on a lot fronting on a Town road that has been deemed by the Town, in its sole discretion, to be unsuitable for the transportation of fill.” [2]

Noise and Dust

Many by-laws include specific provisions to help manage noise, dust and air quality, which can potentially disrupt residents and the environment. Municipalities can also reinforce site alteration noise requirements by tying them to the local noise by-law if one exists, as in the example below:

Sample Language

“Site alterations shall:

2.14.01 not be performed between the hours of 7:00 pm and 7:00 am without the prior written consent of the Director;

2.14.02 not be performed during any period in which a wind warning for the area has been issued by Environment Canada, as confirmed in writing and provided to the permit holder by the Director;

2.14.03 not be performed during any period in which a smog advisory for the area has been issued by the Ministry of the Environment, as confirmed in writing and provided to the permit holder by the Director;

2.14.04 not be performed during or within 24 hours of receiving 15 mm or more of precipitation within a 24 hour period, as confirmed in writing and provided to the permit holder by the Director;

2.14.05 comply with the Nuisance and Noise Control By-law 19-2003 of the City of Burlington, as amended;” [3]

Requirements for Issuance of Permit

Things to Consider

Through research by the Canadian Urban Institute, the following five issues were commonly addressed in site alteration or fill by-laws relating to traffic and transportation:

Compliance with the Ministry of Transportation
Road Damage
Mud Tracking and Dust Control
Traffic and Transportation Management Plan
Large Scale Operations

Resources

The Town of East Gwillimbury is piloting the use of video cameras and speed boards for large reuse sites. At staff’s discretion, a proponent can be required to install video cameras with a 30 day record cache at the entrance to the fill site and/or along the designated truck route. This record helps with accountability regarding transport agreements (adherence to haul routes, hours of operation, dust mitigation etc.) and provides a quick fact checking tool in response to resident complaints. Installation and maintenance costs of cameras on private property or speed boards on public rights of way, is at the expense of the permittee and all information is made available to the Town, as required.

Things to Consider

Ministry of Transportation

It is important for haul operations to comply with Ministry of Transportation requirements, and many by-laws include a provision similar to the following:

Sample Language

“An application for a site alteration permit is not considered to be complete until all of the following are submitted to the satisfaction of the Chief Building Official;

Things to Consider

Road Damage

If road damage is not addressed under General Prohibitions and Regulations, municipalities can require the site owner to provide:

Sample Language

“the proposed haul routes to and from the site, determined so as to minimize damage to roads and interference and/or disturbance to the residents and businesses of the Township, together with the estimated number of trucks required to transport the fill;” [4]

Things to Consider

Mud Tracking and Dust Control

It is recommended that municipalities require owners to provide a mud tracking and dust control program; however, this may be at the discretion of the Director as it may not be necessary for smaller operations.

While not mandatory, having a mud tracking and dust control program may help fulfill various requirements of the Excess Soil Regulation and Rules Document. For example at reuse sites receiving more than 10,000m3 for a beneficial reuse undertaking, procedures are to be developed and applied to ensure that the storage of excess soil for final placement in respect of an undertaking at the reuse site does not cause an adverse effect. See Section 19 of the Regulation which comes into effect January 1, 2022.

Sample Language

“The Director may, prior to the issuance of a Permit, require the Owner or Applicant or both to enter into an agreement which may be registered on title to the Lot containing such requirements of this By-law as the Director considers necessary to ensure that the alteration of land or the Placing or Dumping or removal of Fill is done in accordance with the prevailing design standards of the Municipality and proper engineering principles, and that prior to the commencement of the Placing or Dumping of Fill, a mud tracking and dust control program containing measures considered to be appropriate by the Director to control mud tracking and dust both on the Lot or other land from which the Fill is proposed to be removed and on the land on which Fill is to be Placed or Dumped and the truck routes proposed to be used by the Applicant, if any, to move the Fill to the Lot on which it is proposed to be Dumped or Placed.” [5]

Things to Consider

Traffic and Transportation Management Plan

While not formally required per the Excess Soil Regulation and Rules document, municipalities should require a traffic and transportation management plan, specified either by referring the owner to the ONEIA Best Management Practices for Hauling (See link in Resources below)or by additionally listing the plan’s components as is done in the second example below:

Sample Language

“A person applying for a Site Alteration Permit shall submit the following, if required by the Director:

[…]

4.06.05detailed plans including but not limited to a Soil Management Plan, Fill Management Plan, Traffic and Transportation Management Plan and an environmental soil testing plan, all prepared and certified by a Qualified Person, in accordance with the ‘Management of Excess Soil – A Guide for Best Management Practices’;” [6]

“Trucking information and hauling routes to and from the site are to be identified as per the Control Plan requirements, the “Management of Excess Soil – A Guide for Best Management Practices” and to the satisfaction of the Director. The following shall be required:

4.08.01 a “Load Exemption Permit”, if required by the Director;

4.08.02 the full and complete legal name and business name, if different from the legal name, of each hauler;

4.08.03 the commercial vehicle registration number of each hauler;

4.08.04 the motor vehicle permit number of the motor vehicles owned and operated by each hauler; and

4.08.05 proof of insurance of each hauler.

4.08.06 daily record of deliveries in a format acceptable to the Director, including:

4.08.06.01 the date of each delivery of fill;

4.08.06.02 the point of origin of each delivery of fill;

4.08.06.03 the placement location of each delivery of fill;

4.08.06.04 the hauling routes;

4.08.06.05 the volume of each delivery of fill;

4.08.06.06 the content of material of each delivery of fill, including fill placement

location; and

4.08.06.07 any other information required by the Director.

4.08.07 Where ever possible, electronic tracking technology is recommended for use by the hauler.

4.09 As a condition of the Site Alteration Permit, the following may be required by the Director:

4.09.01 to restrict the daily volume of truck loads to ensure traffic safety;

4.09.02 to restrict the hours of operation beyond the restrictions found in this By-law.

4.10 Prior to proposing a modification of the haul routes to and from the site, written details of the proposed changes are to be submitted to the Director for review and approval. Modifications of haul routes are not to occur unless approved by the Director.” [7]

Things to Consider

This second option is not only more comprehensive and detailed, making it more enforceable, but also overlaps some of the requirements of a Fill Management Plan. Additionally, its requirement for electronic tracking encourages the technology where possible but is lenient enough to not restrict business from smaller operations that may not have the technology.

For recording keeping, that ensures the owner is complying with the submitted traffic and transportation management plan, by-laws can also require the following:

Sample Language

“Where a permit has been issued under this By-law, no person shall place or dump fill, remove any topsoil or fill, alter the grade or land, or perform or permit any site alteration except in accordance with this By-law, the terms and conditions of the permit and any agreement entered into with the Corporation pursuant to Section 7 of this By-law, which conditions may include, but are not limited to:

[…]

m) Keep, maintain, and make available for inspection upon the request of the Director, the following records in a good and businesslike manner:

i. The full and complete legal name, and business name if different from the legal name, of each hauler;

ii. The commercial vehicle registration number of each hauler;

iii. The motor vehicle permit number of the motor vehicles owned and operated by each hauler;

iv. The date and time of each delivery of fill;

v. The point of origin of each delivery of fill, or the intended destination of fill that is being removed from the site.

vi. The volume of each delivery of fill;

vii. The type and quality of material of each delivery of fill; and

viii. Any other information required by the Director;

n) provide to the Director from time to time as required an up to date daily hauling schedule which is acceptable to the Director detailing the routes, numbers and approximate times of truck traffic arriving and leaving the site;

o) to restrict the hours of operation beyond the restrictions found in the By-Law;

p) to designate permitted haul routes to and from the site;

q) to restrict the daily volume of truck loads;

r) to further restrict or designate the source of the fill;”[8]

Resource: Traffic Management Plans - Excerpt from the ONEIA Best Practices document

Plan Outline

The Traffic Management Plan will include the following directions:

Outline the work zone for vehicle staging including temporary closures of travel lanes or disruptions to street segments and intersections during activities within the roadway right of way or any other utility connections.
Identify detour routes for construction workforce vehicles and the public. Ensure access for emergency vehicles to and around the project site.
- Identify oversize load haul routes:
  Transporters will follow regulations for the transportation of oversized and overweight loads on all roads. These regulations include provisions for time of day, pilot cars, law enforcement escorts, speed limits, flaggers, and warning lights.
- Procedures for directing traffic.
- Requirements for temporary signing, lighting, and placement of traffic control devices, if required.
- Requirements for accommodating receipt of fill/work outside regular hours.
- Requirements of communication with construction committee and local traffic management.
- Requirements for truck queuing and establishing truck routes to site, including information about daytime and nighttime routes.
- Timing requirements of deliveries of heavy equipment and construction materials.
- Construction scheduling outside of legal holidays and special events to avoid affecting large fluxes in traffic volumes.
- Procedures for the identification of vehicle safety for entering and exiting site access roads.
- Procedures for the notification of potential road closures prior to construction.
- Procedures for notification to transit operators of potential road closures prior to construction.
- Procedures to maintain access to adjacent properties.
- Procedures to maintain access to transit, bicycle, and pedestrian facilities along the project route(s).
- Procedures to maintain nearby trails.
- Determine the need for construction work hours and arrival/departure times outside peak traffic period.

Large Scale Operations

As large scale operations require more truck activity, a municipality should consider additional requirements such as:

Sample Language

“Install temporary signage in accordance with Ministry of Transportation Book 7 regulations on all roadways immediately adjacent to the site where fill is being dumped or placed;” [9]

The Town of East Gwillimbury is experimenting with requiring large reuse sites to install video cameras at the gate and along areas of the truck route to help manage complaints and compliance. The site owner has the responsibility for installation, maintenance and record keeping, but the Town retains the right to access the data upon request.

[10] Town of Georgina Site Alteration By-law 2011-0044 (https://www.georgina.ca/municipal-government/regulatory-laws)

Resources

The Ministry of Transportation Book 7 outlines requirements for traffic control devices in temporary construction, maintenance, and utility work zones. It can be downloaded from the following link: http://www.otc.org/research/download-manuals/.

Or requiring a qualified person to prepare, regulate and report on the traffic and transportation management plan:

Sample Language

“5.01.01 retain a Qualified Person to prepare a Work Plan that includes the recommendations of the Ministry of the Environment in the document titled “Management of Excess Soil – A Guide for Best Management Practices”. Such Work Plan shall be to the satisfaction of the Director and shall include, but is not limited to including the following:

(iii) Traffic and Transportation Management Plan;

5.01.02 retain a Qualified Person to ensure that the site alteration operations are proceeding in accordance with engineering and environmental best practices and the established Work Plan;

5.01.02 retain a Qualified Person to report in writing on a regular basis or as determined by the Director that the site alteration is in accordance with Subsection 5.01.01 of this By-law;” [11]

Permit Issuance

Things to Consider

Record Keeping at Reuse Sites

Reuse site owners and operators are required to keep copies of all documents they create or receive for seven years, as per the requirements of the Excess Soil Regulation (see Section 28). This would include the written consent provided to receive excess soil from project areas, any contracts related to the management and transportation of excess soil, and copies of site-specific instruments (if used) to justify the movement of the excess soil. An exception is the record retention requirements for hauling records, which are to be kept for two years.

Record keeping can also be a requirement under Permit Issuance:

Sample Language

“The Owner shall keep and maintain the following records in a good and businesslike manner:

(i) The full and complete legal name and business name, if different from the legal name, of each hauler,

(ii) The commercial vehicle registration number of each hauler,

(iii) The motor vehicle permit number of the motor vehicles owned and operated by each hauler,

(iv) The date and time of each delivery of fill

(v) The point of origin of each delivery of fill

(vi) The volume of each delivery of fill,

(vii) The content of material of each delivery of fill, and

(viii) To make available for inspection upon the request of an Officer the records referred to in this clause.”[12]

For enforceability, further specifications on a mud tracking and dust control program can also be outlined:

Sample Language

“Any person Dumping Fill or Topsoil or altering grades within the municipality shall implement and maintain an approved mud tracking and dust control program. Such program shall be provided in writing to and be approved by the Director and shall include the provision of mud mats and dust control measures at both the removal and dumping sites, and the continuous monitoring thereof. Emergency contact names and numbers shall also be provided to the Director. Where mud and dust are not controlled to the satisfaction of the Director, the Director may, without notice, have such mud or dust controlled by Municipal forces or a third party contractor and such costs, including a 30% management and administration charge, shall be paid by the applicant upon invoicing. Any associated Permit may also be considered revoked, until such invoices are fully paid and any additional letters of credit provided, to the sole discretion of the Director.”[13]

Inspection, Administration, and Enforcement

Things to Consider

Municipalities should make it clear the resulting effects of trucks are the responsibility of the permit owner and if the municipality is forced to remediate any damage, it will be at the permit owner’s cost:

Sample Language

Road Cleaning and Damage

31. Dirt, mud, debris, and other substances, which as a result of a deposit or removal operation, are deposited on public roads, shall be removed on a daily basis by the permit applicant. Where the dirt, mud, debris, and other substances cause a hazard or nuisance they shall be removed as directed by the Engineer. Should the permit holder fail to perform the necessary cleaning work, the Township may perform this work, the cost of which shall be paid forthwith to the Township by the person responsible for the removal The Township may recover the cost by drawing on the security deposited with the Township. Where the security is drawn upon for these purposes, the applicant will replenish the security to the amount required under section 11(6) within fifteen (15) days.

Things to Consider

Electronic Tracking

Electronic tracking of trucks, as defined below, is becoming more common and can be an effective way to monitor traffic and routes of trucks, which can benefit regulation of road damage, source sites, illegal soil placement and more. Tracking typically includes attaching a geographic positioning system (GPS), or something similar, to vehicles carrying excess soil, enabling their location to be monitored. By requiring this technology, a municipality can access a site’s truck load inventory and have more accurate information on where excess soil is coming from. See Definitions for example language

Sample Language

32. Where soil is to be deposited or removed and thus transported over a road or portion thereof that is not a truck route as defined in the current highway and traffic by-law for the Township, the permit applicant will be responsible for any damage occurring to that road as a result of the transportation of the soil.”[14]

Fees

Things to Consider

Designating required fees for damages from truck traffic and transportation is extremely important as site alteration and filling often involve truck traffic on municipal roads and repairs can be costly. The road damage fees established in the by-law should be designed to be consistent with the needs of the municipality’s Roads Department

This community leaves the amount to be determined by the Director on a site-by-site basis:

Sample Language

“Security in an amount determined by the Director may be required pursuant to this By-law, and the execution of a security agreement by the applicant and the registered owner of the site may be required in a form determined by the Director in accordance with Subsections 12.05 –12.12 inclusive of this By-law, to ensure maintenance of on-site construction control measures, proper rehabilitation, to prevent fouling or tracking of soil, mud, or debris on roads and highways of the City and Halton Region, and to secure performance of the applicant’s and owner’s obligations pursuant to this By-law and any Permit that is issued, including as may be needed, returning the site to its original condition so far as possible, carrying out the work under the Permit, and complying with other provisions of the By-law including rehabilitation of the site;” [15]