OSWCA 43 rd Annual Conference January 28, 2014 Toronto, Ontario

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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. - PowerPoint PPT Presentation

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King Township Motion, passed unanimously November 26, 2012

OSWCA 43 rd Annual Conference January 28, 2014Toronto, OntarioExcess FillChallenges and OpportunitiesPresented by: Carmela MarshallLakeridge Citizens for Clean Water

1Clean Water is Everybody's Business

OSWCA Website Tagline2

Lakeridge Site, ScugogAdjacent to Natural Core Areaon the Oak Ridges Moraine.Among many other contaminants, cyanide found at 3000 times the acceptable limit.3

4Some Excess Soil ConcernsContamination

Non-compliance Issues

Location of Receiving Site

Legislative Loopholes and Knowledge Gaps

5

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.6

City of Kawartha, Taylors Rd. fill siteUnpermitted fill operation with soil certified to be acceptable, found to greatly exceed limits in most samples and for many contaminants.7Photo taken from May 15, 2012 MOE MemorandumAssessment of Fill Material from Sheep Farm in Bailieboro Ontario

Independent testing revealed exceedances in heavy metal concentrations that are toxic to livestock. 8

Expired Pit, East GwillimburyFilling in violation of agreement with municipality.Covering active farm land9

Morgans rd. Site, ClaringtonInitiated without permits. Some material found exceeding MOE limits for a potable groundwater area. Site remains overfilled.10

Source Water Protection area in Whitchurch Stouffville before fill operationFilling in violation of municipal agreement. Overfilled by an estimated 250,000 cubic metres.11Source Water ProtectionDrinking Water ThreatsWaste disposal sitesSewage systems (including septic)Agricultural and non-agricultural source material applied to land, stored, handled, or managedCommercial fertilizer applied, handled, or storedPesticides applied to land, handled, or storedRoad salt applied, handled, or storedSnow storedFuel handled or storedActivities taking water from an aquifer (groundwater) or surface water body (lake or river)Activities reducing recharge of an aquifers underground water sources (e.g. pavement)Livestock grazing, pasturing, outdoor confinement area and farm-animal yardsOrganic solvents handled or storedThe handling and storage of a dense non-aqueous phase liquid (DNAPL) (e.g. oil & solvents)Chemicals used in the de-icing of aircraftfrom Clean Water Act12

sBrownfield Regulatory GapsExhibition Place hotel plan stalled by fouled soilToronto Star Sept 8, 2013An Act to encourage the revitalization of contaminated land - 2001Environmental Protection ActONTARIO REGULATION 153/0414

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

16Soil Bank Possibilities for Road and Infrastructure ProjectsCity of Guelph, Bulletin: June 20, 2012The 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 ForumSustainable Solutions: A concept for a Soil and Material Management Campus, pg. 8Bloom 2012, Region of Waterloo17

Material Management Plan

Excerpt from the Residential and Civil Construction Alliance of Ontario (RCCAO) MMP

18Excerpt from RCCAO BMP DocumentBest Management Practices for Handling Excess Construction Soils in Ontario, pg. 37RCCAO (Residential and Civil Construction Alliance of Ontario) November 2012

19

requesting MOE to enact regulationsthat Soil Management Plans be considered - for Toronto Green Standard- for City-owned projectsconsider creating a Soil Bankconsider requiring all developers to have a soil planTorontos Planning and Growth Management Committee recommended20

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 Required211. Fill Brownfield Regulatory GapsMinistry of the Environment to amend O. Reg. 153 to track excess soils to receiving site and require soil quality documentation2. Clear up use of MOE Soil and Groundwater Tables MOE to develop Standards and Regulations outside of O. Reg 153MOE to analyse cumulative effect (or load) for large fill sitesMOE to determine if salt impacted soils (in quantity) affect ground waterMOE to have a clear definition of inert fill/clean fill3. Gain Jurisdiction over AerodromesFederal Government to revise Aeronautical Act to specify provincial and municipal right to regulateMunicipalities to be educated on their rights over Aerodromes4. Ministry of Municipal Affairs and Housing involvementMMAH 2015 review of ORMCP to consider large fill projects as DevelopmentHigh Aquifer Vulnerability and Significant Groundwater Recharge Areas in ORMCP to be protected from large fill operationsThe Planning Act to define commercial fill operation as a use-of-landMMAH to require Material Management Plan in development projects through Planning Act225. Stronger Municipal By-lawsMunicipal by-laws to regulate and monitor large-scale fill operationsMOE Standards Development Branch to develop fill guidelines for municipalitiesMMAH, Conservation Ontario & AMO to provide model by-laws to municipalities-consistent approach is needed6. Stronger Conservation AuthoritiesCAs need to better regulate fill operationsMNR to develop CA regulations to allow them to expand from their current emphasis7. Considerations for Rehabilitation of Aggregate SitesMinistry of Natural Resources review of Aggregate Resources Act to consider fill impacts for soil quality, landform conservation and rehabilitation practices8. Ministry of Infrastructure and Ministry of Transportation InvolvementMinistries to require Mandatory Material Management Plans for Excess Fill Generated23

Lakeridge Citizens for Clean Water Rural Burlington Greenbelt CoalitionClarington Citizens for Clean Water and SoilTecumseth Pines Residents AssociationCitizens of Erin and Wellington CountyEast Gwillimbury Citizens for Clean WaterNorth West Whitby Residents for Clean WaterBloomington residentsEarthrootsSTORM Ontario Soil Regulation Task ForceWe welcome collaboration with government and industry in order to find sustainable and responsible solutions for excess soil management. 24Thank you

info@lakeridgecitizens.cawww.lakeridgecitizens.ca25

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