Summary of Issue
Things to Consider
Engaging the public in proposed fill operations can help build positive relationships between the community and receiving site/ reuse site owners/operators and can improve the municipality’s understanding of its residents’ needs. Stakeholder consultation can be dovetailed into public communication activities that may be done in conjunction with other consultation required for municipal zoning or permitting.
As a separate consideration to stakeholder engagement, it is specifically recommended municipalities consider engaging First Nations and Métis that may be impacted or interested.
Among other possible means, impacted First Nations and Métis community partners may be determined based on archeological and/or cultural heritage analysis; if for example, a project will affect a site of cultural significance to an Indigenous community, they should be more substantively engaged. [See Cultural Heritage and Archeology Issue page for more information].
Short Form References
This page makes reference to:
the “Excess Soil Regulation” which is the short form for the Ontario Regulation 406/19 On-Site and Excess Soil Management made under the Environmental Protection Act.
the “Rules document” which is the short form the reference document to the regulation entitled Rules for Soil Management and Excess Soil Quality Standards
Key Takeaways
The Excess Soil Regulation requires that certain requirements need to be met in order to reuse soil while avoiding the waste designation. These conditions include, among others, that the owner or operator of the reuse site has consented in writing to the deposit of the excess soil at the reuse site. This should lead to dialogue between the source site/project area and reuse sites. Various other elements of the Excess Soil Regulation should also lead to dialogue between parties.
In addition to the fundamental requirements of the Excess Soil Regulation, local land owners, community groups, Indigenous communities and others may have concerns regarding soil management, such as potential impacts to groundwater, noise, dust, and road safety. It is recommended that the owners/operators of larger, riskier reuse sites where the activities are undertaken over a longer period of time, assess early in the planning process, any potential concerns and to develop a communications or engagement approach that will mitigate concerns. Where applicable, this could be done in conjunction with communication activities required for approvals that the reuse sites may need, such as those required for the purpose of zoning or permitting under municipal by-laws. The MECP’s Best Management Practices document has further guidance.
Short Form References
This page makes reference to:
the “Excess Soil Regulation” which is the short form for the Ontario Regulation 406/19 On-Site and Excess Soil Management made under the Environmental Protection Act, January 1, 2021
the “Rules document” which is the short form the reference document to the regulation entitled Rules for Soil Management and Excess Soil Quality Standards
Resources
See MECP’s Reuse Site Factsheet at https://www.ontario.ca/page/handling-excess-soil
By-law Sections
Requirements for Issuance of a Permit
Things to Consider
Municipal by-laws tend only to require public consultation or public meetings for large site alterations or large scale fill operations. However, in the interest of building community trust, education about beneficial reuse and transparency with respect to accountability and oversight, municipalities may look for ways to keep residents informed about the operation of any reuse site. Example by-law language requiring consultation for a large site alteration is provided here; however, municipalities could adapt this language to apply in broader permitting instances:
Sample Language
“4.10 At the discretion of the Director the applicant may be required to conduct a Public Information Centre and/or a submission to Council.
4.11 In the case of a Public Information Center all comments and concerns received must be addressed by the Applicant and submitted to the Town for evaluation as part of the application.” [1]
“The following requirements shall be in addition to all other requirements and conditions described in this by-law.
a) An application for Large Scale Site Alterations greater than 1000 cubic meters shall not be considered for approval until Council has considered the application at a public meeting at which the applicant or any interested members of the public will have fair opportunity to make representation. Notice of the public meeting is to be provided to property owners and agencies in a similar manner as a Zoning By-law amendment proposal under the Planning Act and as approved and specified by Council.
(b) The owner or applicant shall give notice to the public that he or she is applying for a Large Scale Site Alteration Permit. Notice under this section shall be at such time or times and by such means as the CBO & Council considers appropriate, including at least one of the following means:
(i) News release
(ii) Notice through local, regional or provincial news media, such as television, radio, newspapers and magazines,
(iii) Door to door flyers,
(iv) Signs,
(v) Mailings to members of the public,
(vi) Mailings to adjacent property owners,
(vii) Actual notice to community leaders and political representatives,
(viii) Actual notice to community organizations, including environmental organizations and/or any other means of notice that would facilitate more informed public participation in decision making on the proposal.
(c) Notice, as described above, shall include the following:
(ix) A brief description of the site alteration activities,
(x) A statement when and where members of the public can review written information about the proposed site alteration application,
(xi) An invitation to member of the public to submit written comments on the proposed site plan application, and
(xii) An invitation to member of the public to attend a public meeting.
(d) The owner shall submit a report to the CBO for Council consideration with the results of the consultation and setting out any changes they made in response to public concern”[2].
Sample Language
Excerpt from Town of Whitchurch-Stouffville Site Alteration and Fill By-law
4.3 “Public Information Centre As part of the application process for any Site Alteration Permit for a Large Site Alteration, or the Placing of Fill by a Hydro-Excavation Truck, a Public Information Centre must be held by the applicant. After the application is submitted, and as part of the application process, the applicant shall submit a request for a Public Information Centre. The Public Information Centre shall be held no more than 6 months after such request is made, and it is acknowledged that such request may result in further refinement of the application. If a Public Information Centre is held, and more than 6 months have elapsed, but no Site Alteration Permit has been issued, the applicant shall hold an additional Public Information Centre. Notice of a Public Information Centre shall be sent by prepaid ordinary mail at least 14 days prior to the date of the Public Information Centre addressed to all owners of properties as shown on the Town's assessment roll records within 1,000 metres of the subject Property.” [3]
Companion excerpt from Town of Whitchurch-Stouffville Site Alteration and Fill By-law GUIDELINE Document
“8.8.1 Public Consultation Once the Town is satisfied with the Application and supporting documents, the need for public consultation will be determined. All large site alterations (5,000 m3 and greater) will require public consultation. Input from public consultation is considered when preparing the conditions of the Agreement and Permit.” [4]
Things to Consider
Here are some examples of how municipalities have embedded the value of stakeholder input into their by-laws: The Town of Whitchurch-Stouffville credits the alignment of its fill permitting processes with the Town’s strategic plan, with the success of its Fairgreen site and many other small sites.
Sample Language
A municipality’s commitment to:
“High-quality, citizen-centred services, responsible to the needs of informed and involved citizen (…) 3.7 Enhance communication with and engagement of residents and businesses.
References
[1] Town of Mono - By-law 2020-XXXX, a By-law to Regulate Site Alteration and Movement of Fill within the Town of Mono
[2] Town of Erin 16-30 (http://www.erin.ca/file.ashx?id=c54d2c84-40cf-4eaf-8fab-3f4b051401b0)
[3] Town of Whitchurch-Stouffville By-law 2019-068-RE Whitchurch Stouffville - Document Center (civicweb.net)
[4] Town of Whitchurch-Stouffville Guideline to Site Alteration Guideline-to-Site-Alteration-2019-068-RE.pdf (townofws.ca)