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 Everybodys ID: 429069
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OSWCA 43 rd Annual Conference January 28, 2014Toronto, Ontario
Excess FillChallenges and OpportunitiesPresented by: Carmela MarshallLakeridge Citizens for Clean WaterSlide2
Clean Water is Everybody's BusinessOSWCA Website TaglineSlide3
Lakeridge Site, ScugogAdjacent to Natural Core Area
on the Oak Ridges Moraine.Among many other contaminants, cyanide found at 3000 times the acceptable limit.Slide4Slide5
Some Excess Soil ConcernsContamination Non-compliance Issues
Location of Receiving SiteLegislative Loopholes and Knowledge GapsSlide6
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.Slide7
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.Slide8
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.Slide9
Expired Pit, East GwillimburyFilling in violation of agreement with municipality.
Covering active farm landSlide10
Morgan’s rd. Site, ClaringtonInitiated without permits. Some material found exceeding MOE limits for a potable groundwater area. Site remains overfilled.Slide11
Source Water Protection area in Whitchurch Stouffville –before fill operation
Filling in violation of municipal agreement. Overfilled by an estimated 250,000 cubic metres.Slide12
Source Water ProtectionDrinking Water ThreatsWaste disposal sitesSewage systems (including septic)Agricultural and non-agricultural source material applied to land, stored, handled, or managed
Commercial fertilizer applied, handled, or storedPesticides applied to land, handled, or storedRoad salt applied, handled, or storedSnow storedFuel 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
f
rom Clean Water ActSlide13Slide14
Brownfield Regulatory Gaps“Exhibition Place hotel plan stalled by fouled soil”Toronto Star Sept 8, 2013An Act to encourage the revitalization
of contaminated land - 2001Environmental Protection ActONTARIO REGULATION 153/04Slide15
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……
…Slide16
Some Opportunities for Responsible ReuseMatching Infrastructure ProjectsMandatory Material Management Plans
Call for an Inter-ministerial Task Force Slide17
Soil Bank Possibilities for Road and Infrastructure Projects“City 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 optionsFinal Summary Report-2012 Stakeholder ForumSustainable Solutions: A concept for a Soil and Material Management Campus, pg. 8Bloom 2012, Region of WaterlooSlide18
Material Management Plan
Excerpt from the Residential and Civil Construction Alliance of Ontario (RCCAO) MMPSlide19
Excerpt from RCCAO BMP Document
Best Management Practices for Handling Excess Construction Soils in Ontario, pg. 37RCCAO (Residential and Civil Construction Alliance of Ontario) November 2012Slide20
requesting MOE to enact regulations
that Soil Management Plans be considered - for Toronto Green Standard- for City-owned projectsconsider creating a Soil Bankconsider requiring all developers to have a soil plan
Toronto’s
Planning
and Growth
Management Committee recommendedSlide21
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 RequiredSlide22
1. 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 fill”3. Gain Jurisdiction over AerodromesFederal 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 ActSlide23
5. 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 operations
MNR 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 practices
8. Ministry of Infrastructure and Ministry of Transportation Involvement
Ministries to require Mandatory Material Management Plans for Excess Fill GeneratedSlide24
Lakeridge Citizens for Clean Water
Rural Burlington Greenbelt CoalitionClarington Citizens for Clean Water and SoilTecumseth Pines Residents AssociationCitizens 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. Slide25
Thank you
info@lakeridgecitizens.cawww.lakeridgecitizens.ca