Proposed regulatory changes for the beneficial reuse of excess soil at pits and quarries in Ontario
Ontario Regulation 244/97
Regulation - LGIC
Bill or Act:
Aggregate Resources Act
Summary of Decision:
A decision was made to proceed with regulatory changes for the beneficial reuse of excess soil at pits and quarries in Ontario. The proposal was implemented by amending Ontario Regulation 244/97 - General, under the Aggregate Resources Act. This regulation was filed by the Registrar of Regulations on April 20, 2022. These regulatory changes are consistent with Ontario Regulation 406/19 under the Environmental Protection Act and provide clarity and flexibility while maintaining environmental protections, to aggregate licence and permit holders who are authorized to import excess soil to facilitate rehabilitation.
Analysis of Regulatory Impact:
These changes represent a balanced and modernized approach to managing the activity of importing soil for a beneficial reuse. Aggregate site operators will have the same flexibility for applying the suitable soil quality as other reuse sites. The cost for record keeping and oversight by a Qualified Person (if importing more than 10,000 m3 of excess soil or placing excess soil below the water table) are beyond the requirements under the Environmental Protection Act for a reuse site governed by an instrument (i.e., approval under the Aggregate Resources Act (ARA)) but are necessary to support oversight under the ARA. An estimated cost of approximately $36,800.00 per year is expected or a total cost of $551,900.00 over a ten-year period.
This cost would apply to aggregate site approval holders who are authorized or seek authorization to import large quantities of excess soil or place excess soil below the water table (approximately thirty-two (32) percent) to facilitate rehabilitation. It is important to note that this cost would not apply to approval holders that do not import excess soil, do not place excess soil below the water table or import less than 10,000m3 of excess soil over the lifespan of the site. It is anticipated that licensees and permittees may see a source of revenue from receiving excess soil which may be used to off-set the costs of rehabilitating the aggregate site.
Administrative costs for business that required to be offset are $17,750.00
Analysis of Regulatory Impact:
The anticipated environmental, social, and economic consequences of the proposal are expected to be neutral to positive.
The proposed regulatory changes would improve clarity and certainty for aggregate site approval holders which in turn would be expected to result in environmental protections against any potential adverse impacts.
The cost for record keeping and oversight by a QP which are beyond the requirements under the EPA for a reuse site governed by an instrument (i.e., approval under ARA) pose an estimated cost of approximately $350,000.00 over a ten-year period. This cost would apply to aggregate site approval holders who are authorized or seek authorization to import excess soil to facilitate rehabilitation of the site.
January 10, 2022
Summary of Proposal:
See the Environmental Registry of Ontario for complete details on this proposal.
MNDMNRF - RPDPB - Resources Development Section
300 Water Street
2nd Floor, South Tower
Peterborough, ON K9J 3C7
July 1, 2022