O. Reg. 395/22: GENERAL
filed April 20, 2022 under Aggregate Resources Act, R.S.O. 1990, c. A.8
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made under the
Aggregate Resources Act
Made: April 14, 2022
Filed: April 20, 2022
Published on e-Laws: April 20, 2022
Printed in The Ontario Gazette: May 7, 2022
Amending O. Reg. 244/97
(GENERAL)
1. (1) Ontario Regulation 244/97 is amended by adding the following section before the heading “Reports”:
0.14 (1) This section applies despite any provisions of a licence, permit or site plan.
(2) No excess soil may be deposited at the site of a pit or quarry unless authorized by the licence or permit for the site or a provision of the site plan for the licence or permit.
(3) Subject to subsections (4) to (6), a licensee or holder of an aggregate permit shall ensure that,
(a) any excess soil stored at the site of the pit or quarry is stored in accordance with Section C of the Soil Rules;
(b) any excess soil finally placed at the site of the pit or quarry is finally placed in accordance with the requirements of Section D of the Soil Rules; and
(c) the quality of excess soil finally placed at the site of the pit or quarry meets the applicable excess soil quality standard as determined in accordance with the Excess Soil Standards and the end use identified in the final rehabilitation plan for the site.
(4) Excess soil shall not be finally placed in an area at or below the elevation at which the soil may be saturated by ground water at any point in time unless the excess soil meets,
(a) the quality standard set out in Table 1 of the Excess Soil Standards; and
(b) the leachate screening levels set out in Table 1 of Appendix 2 of the Excess Soil Standards.
(5) Excess soil shall not be finally placed in an area of Crown land unless the excess soil meets the quality standard for an agricultural or other property use in the Excess Soil Standards.
(6) In areas to which subsections (4) and (5) do not apply, a site-specific excess soil quality standard developed by a qualified person within the meaning of section 5 or 6 of Ontario Regulation 153/04 (Records of Site Condition — Part XV.1 of the Act) made under the Environmental Protection Act or supervisee using the Beneficial Reuse Assessment Tool in accordance with the Soil Rules may be used and, in such a case,
(a) the qualified person shall complete a declaration and an output worksheet in accordance with subsection 5 (5) of Ontario Regulation 406/19 (On-Site and Excess Soil Management) made under the Environmental Protection Act; and
(b) the licensee shall keep copies of the declaration and output worksheet for the duration of the operation of the pit or quarry and for a period of seven years after the date on which rehabilitation of the pit or quarry is completed.
(7) A licensee or holder of an aggregate permit shall keep records detailing the following information with respect to each load of excess soil deposited at the site of the pit or quarry, during the operation of the pit or quarry and for a period of seven years after the date on which rehabilitation of the pit or quarry is completed:
1. The source of the excess soil.
2. The quantity of the excess soil.
3. Where the excess soil is received from more than one source, the location where the excess soil is finally placed on the site of the pit or quarry using Universal Transverse Mercator easting and northing coordinates measured by a global positioning system receiver.
(8) A licensee or holder of an aggregate permit shall ensure that the following are produced for an inspector upon request:
1. A declaration or output worksheet completed in accordance with clause (6) (a).
2. All records kept in accordance with subsection (7).
3. An applicable excess soil quality standard as determined and recorded by a qualified person in accordance with clause (9) (a).
4. A plan for the storage and final placement of excess soil developed in accordance with clause (9) (b).
5. A written confirmation prepared by a qualified person in accordance with clause (9) (c).
(9) Where 10,000 cubic metres or more of excess soil is deposited at the site of a pit or quarry or where any excess soil is deposited at such a site at or below the elevation at which the excess soil may be saturated by ground water at any point in time, the licensee or holder of the aggregate permit shall ensure that a qualified person within the meaning of section 5 of Ontario Regulation 153/04 (Records of Site Condition — Part XV.1 of the Act) made under the Environmental Protection Act is retained to,
(a) determine and record the applicable excess soil quality standard in accordance with this section;
(b) develop a plan for the storage and final placement of excess soil at the site of the pit or quarry; and
(c) confirm in writing that the storage and final placement of excess soil at the site of the pit or quarry comply with the provisions of this section.
(10) Subsection (9) does not apply where an aggregate permit has been issued by the Ministry of Transportation in relation to a provincial road project.
(11) In this section, the following terms have the same meaning as in Ontario Regulation 406/19 (On-Site and Excess Soil Management) made under the Environmental Protection Act:
1. Beneficial Reuse Assessment Tool.
2. Excess soil.
3. Excess Soil Standards.
4. Soil.
5. Soil Rules.
6. Supervisee.
(2) Subsection 0.14 (7) of the Regulation, as made by subsection (1), is amended by adding the following paragraph:
1.1. The quality of the excess soil.
2. (1) Subsection 7.2 (1) of the Regulation is amended by adding the following paragraph:
6. Despite clause (2) (d), an amendment to a site plan to remove a provision relating to the importation or use of material imported for rehabilitation purposes if the site plan was approved prior to July 1, 2022 and the provision does any of the following:
i. It specifies the quality of excess soil that can be deposited at the site of the pit or quarry for rehabilitation purposes.
ii. It requires sampling of excess soil after being received at the site.
iii. It requires annual reporting to the Ministry regarding excess soil imported for rehabilitation purposes.
iv. It requires notification to the Ministry when excess soil is received at the site.
(2) Section 7.2 of the Regulation is amended by adding the following subsection:
(1.1) In paragraph 6 of subsection (1), “excess soil” has the same meaning as in Ontario Regulation 406/19 (On-Site and Excess Soil Management) made under the Environmental Protection Act.
Commencement
3. (1) Except as otherwise provided in this section, this Regulation comes into force on the day it is filed.
(2) Subsection 1 (1) and section 2 come into force on the later of July 1, 2022 and the day this Regulation is filed.
(3) Subsection 1 (2) comes into force on the later of January 1, 2023 and the day this Regulation is filed.