OSWCA 43 rd Annual Conference January 28, 2014 Toronto, Ontario Excess Fill Challenges and Opportunities Presented by: Carmela Marshall Lakeridge Citizens for Clean Water

Clean Water is Everybody's Business OSWCA Website Tagline

Lakeridge Site, Scugog Adjacent to Natural Core Area on the Oak Ridges Moraine. Among many other contaminants, cyanide found at 3000 times the acceptable limit.

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.

City of Kawartha, Taylor’s Rd. fill site Unpermitted fill operation with soil certified to be acceptable, found to greatly exceed limits in most samples and for many contaminants.

Photo taken from May 15, 2012 MOE Memorandum Assessment of Fill Material from Sheep Farm in Bailieboro Ontario Independent testing revealed exceedances in heavy metal concentrations that are toxic to livestock.

Expired Pit, East Gwillimbury Filling in violation of agreement with municipality. Covering active farm land

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 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 from Clean Water Act

Brownfield Regulatory Gaps “Exhibition Place hotel plan stalled by fouled soil” Toronto Star Sept 8, 2013 An Act to encourage the revitalization of contaminated land Environmental Protection Act ONTARIO REGULATION 153/04

Municipalities are taking action – filling in gaps in their by- laws. 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 m 3 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

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 Toronto’s Planning and Growth Management Committee recommended

Is an industrial operation requiring more consideration than an over-the-counter site alteration permit. Freedom from contamination is very difficult to guarantee. Commercial Fill 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

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 … Ontario Soil Regulation Task Force We welcome collaboration with government and industry in order to find sustainable and responsible solutions for excess soil management.