Things to consider: Traffic and transportation created by site alteration activities can have a significant impact on the community and municipal infrastructure, specifically truck operations related to large scale site alterations. For this reason, the MOECC document Management of Excess Soil – A Guide for Best Management Practices (BMP) recommends site owners/operators complete a traffic and transportation management plan. Where applicable, the plan should include specifications on:
  • "location and configuration of site entrances;
  • truck queuing and parking;
  • dust control and mud-tracking prevention/truck cleaning; and
  • haul routes between Source Sites, Receiving Sites and Temporary Soil Storage Sites.”1
The MOECC further recommends that lower tier and upper tier municipalities are consulted in the planning of transportation routes. Municipalities should also consider noise control and potential road damage.

A traffic and transportation management plan is a requirement of a fill management plan as outlined in the MOECC BMP (see Fill Management Plan).

DEFINITIONS

Things to consider:
Electronic Tracking

Electronic tracking of trucks, as defined below, is becoming more common and can be an effective way to monitor traffic and routes of trucks, which can benefit regulation of road damage, source sites, illegal soil placement and more. Tracking typically includes attaching a geographic positioning system (GPS), or something similar, to vehicles carrying excess soil, enabling their location to be monitored. By requiring this technology, a municipality can access a site’s truck load inventory and have more accurate information on where excess soil is coming from.

“‘Electronic Tracking Technology’ means an electronic device similar to a geographic positioning system (GPS) that is attached to a vehicle, allowing their whereabouts to be monitored and downloaded;”2

See the Definitions Page for additional definitions relevant to any site alteration or fill by-law.

GENERAL PROHIBITIONS & REGULATIONS

Things to consider:
Road Damage

To reduce the risk of road damage, a municipality can include the following clause to protect roads whose condition may not be able to sustain major truck transport:

“No person shall place or dump fill or cause or permit fill to be placed or dumped on a lot fronting on a Town road that has been deemed by the Town, in its sole discretion, to be unsuitable for the transportation of fill.”3

Noise and Dust
Many by-laws include specific provisions to help manage noise, dust and air quality, which can potentially disrupt residents and the environment. Municipalities can also reinforce site alteration noise requirements by tying them to the local noise by-law if one exists, as in the example below:

“Site alterations shall:
    2.14.01 not be performed between the hours of 7:00 pm and 7:00 am without the prior written consent of the Director;
    2.14.02 not be performed during any period in which a wind warning for the area has been issued by Environment Canada, as confirmed in writing and provided to the permit holder by the Director;
    2.14.03 not be performed during any period in which a smog advisory for the area has been issued by the Ministry of the Environment, as confirmed in writing and provided to the permit holder by the Director;
    2.14.04 not be performed during or within 24 hours of receiving 15 mm or more of precipitation within a 24 hour period, as confirmed in writing and provided to the permit holder by the Director;
    2.14.05 comply with the Nuisance and Noise Control By-law 19-2003 of the City of Burlington, as amended;”4

REQUIREMENTS FOR ISSUANCE OF A PERMIT

Things to consider: Through research by the Canadian Urban Institute, the following five issues were commonly addressed in site alteration or fill by-laws relating to traffic and transportation:
  • Compliance with the Ministry of Transportation
  • Road Damage
  • Mud Tracking and Dust Control
  • Traffic and Transportation Management Plan
  • Large Scale Operations

Ministry of Transportation
It is important for haul operations to comply with Ministry of Transportation requirements, and many by-laws include a provision similar to:

“An application for a site alteration permit is not considered to be complete until all of the following are submitted to the satisfaction of the Chief Building Official;
    any required permit or approval by any external agency e.g. […] Ministry of Transportation, […], etc.;”5

Road Damage
If road damage is not addressed under General Prohibitions and Regulations, municipalities can require the site owner to provide:

“the proposed haul routes to and from the site, determined so as to minimize damage to roads and interference and/or disturbance to the residents and businesses of the Township, together with the estimated number of trucks required to transport the fill;”6

Mud Tracking and Dust Control
It is recommended that municipalities require owners to provide a mud tracking and dust control program; however, this may be at the discretion of the Director as it may not be necessary for smaller operations:

“The Director may, prior to the issuance of a Permit, require the Owner or Applicant or both to enter into an agreement which may be registered on title to the Lot containing such requirements of this By-law as the Director considers necessary to ensure that the alteration of land or the Placing or Dumping or removal of Fill is done in accordance with the prevailing design standards of the Municipality and proper engineering principles, and that prior to the commencement of the Placing or Dumping of Fill, a mud tracking and dust control program containing measures considered to be appropriate by the Director to control mud tracking and dust both on the Lot or other land from which the Fill is proposed to be removed and on the land on which Fill is to be Placed or Dumped and the truck routes proposed to be used by the Applicant, if any, to move the Fill to the Lot on which it is proposed to be Dumped or Placed.”7

Traffic and Transportation Management Plan
In accordance with the MOECC BMP, municipalities should require a traffic and transportation management plan, specified either by referring the owner to the MOECC BMP, as in the example below, or by additionally listing the plan’s components as is done in the second example below:

“A person applying for a Site Alteration Permit shall submit the following, if required by the Director:
[…]
    4.06.05detailed plans including but not limited to a Soil Management Plan, Fill Management Plan, Traffic and Transportation Management Plan and an environmental soil testing plan, all prepared and certified by a Qualified Person, in accordance with the ‘Management of Excess Soil – A Guide for Best Management Practices’;”8

OR

“Trucking information and hauling routes to and from the site are to be identified as per the Control Plan requirements, the “Management of Excess Soil – A Guide for Best Management Practices” and to the satisfaction of the Director. The following shall be required:
    4.08.01 a “Load Exemption Permit”, if required by the Director;
    4.08.02 the full and complete legal name and business name, if different from the legal name, of each hauler;
    4.08.03 the commercial vehicle registration number of each hauler;
    4.08.04 the motor vehicle permit number of the motor vehicles owned and operated by each hauler; and
    4.08.05 proof of insurance of each hauler.
    4.08.06 daily record of deliveries in a format acceptable to the Director, including:
      4.08.06.01 the date of each delivery of fill;
      4.08.06.02 the point of origin of each delivery of fill;
      4.08.06.03 the placement location of each delivery of fill;
      4.08.06.04 the hauling routes;
      4.08.06.05 the volume of each delivery of fill;
      4.08.06.06 the content of material of each delivery of fill, including fill placement location; and
      4.08.06.07 any other information required by the Director.
      4.08.07 Where ever possible, electronic tracking technology is recommended for use by the hauler.
4.09 As a condition of the Site Alteration Permit, the following may be required by the Director:
    4.09.01 to restrict the daily volume of truck loads to ensure traffic safety;
    4.09.02 to restrict the hours of operation beyond the restrictions found in this By-law.
4.10 Prior to proposing a modification of the haul routes to and from the site, written details of the proposed changes are to be submitted to the Director for review and approval. Modifications of haul routes are not to occur unless approved by the Director.”9
This second option is not only more comprehensive and detailed, making it more enforceable, but also overlaps some of the requirements of a Fill Management Plan. Additionally, its requirement for electronic tracking encourages the technology where possible but is lenient enough to not restrict business from smaller operations that may not have the technology.

For recording keeping, that ensures the owner is complying with the submitted traffic and transportation management plan, by-laws can also require the following:

“Where a permit has been issued under this By-law, no person shall place or dump fill, remove any topsoil or fill, alter the grade or land, or perform or permit any site alteration except in accordance with this By-law, the terms and conditions of the permit and any agreement entered into with the Corporation pursuant to Section 7 of this By-law, which conditions may include, but are not limited to:
[...]
    m) Keep, maintain, and make available for inspection upon the request of the Director, the following records in a good and businesslike manner:
    1. The full and complete legal name, and business name if different from the legal name, of each hauler;
    2. The commercial vehicle registration number of each hauler;
    3. The motor vehicle permit number of the motor vehicles owned and operated by each hauler;
    4. The date and time of each delivery of fill;
    5. The point of origin of each delivery of fill, or the intended destination of fill that is being removed from the site;
    6. The volume of each delivery of fill;
    7. The type and quality of material of each delivery of fill; and
    8. Any other information required by the Director;
    n) provide to the Director from time to time as required an up to date daily hauling schedule which is acceptable to the Director detailing the routes, numbers and approximate times of truck traffic arriving and leaving the site;
    o) to restrict the hours of operation beyond the restrictions found in the By-Law;
    p) to designate permitted haul routes to and from the site;
    q) to restrict the daily volume of truck loads;
    r) to further restrict or designate the source of the fill;”10

Large Scale Operations
As large scale operations require more truck activity, a municipality should consider additional requirements such as:

“Install temporary signage in accordance with Ministry of Transportation Book 7 regulations on all roadways immediately adjacent to the site where fill is being dumped or placed;”11

Resources:
The Ministry of Transportation Book 7 outlines requirements for traffic control devices in temporary construction, maintenance, and utility work zones.

Or requiring a qualified person to prepare, regulate and report on the traffic and transportation management plan:

“5.01.01 retain a Qualified Person to prepare a Work Plan that includes the recommendations of the Ministry of the Environment in the document titled “Management of Excess Soil – A Guide for Best Management Practices”. Such Work Plan shall be to the satisfaction of the Director and shall include, but is not limited to including the following:
    iii. Traffic and Transportation Management Plan;
5.01.02 retain a Qualified Person to ensure that the site alteration operations are proceeding in accordance with engineering and environmental best practices and the established Work Plan;

5.01.02 retain a Qualified Person to report in writing on a regular basis or as determined by the Director that the site alteration is in accordance with Subsection 5.01.01 of this By-law;”12

PERMIT ISSUANCE

Things to consider:
Record Keeping

Record keeping can also be a requirement under Permit Issuance:

“The Owner shall keep and maintain the following records in a good and businesslike manner:
  1. The full and complete legal name and business name, if different from the legal name, of each hauler,
  2. The commercial vehicle registration number of each hauler,
  3. The motor vehicle permit number of the motor vehicles owned and operated by each hauler,
  4. The date and time of each delivery of fill
  5. The point of origin of each delivery of fill
  6. The volume of each delivery of fill,
  7. The content of material of each delivery of fill, and
  8. To make available for inspection upon the request of an Officer the records referred to in this clause.”13

For enforceability, further specifications on a mud tracking and dust control program can also be outlined:

“Any person Dumping Fill or Topsoil or altering grades within the municipality shall implement and maintain an approved mud tracking and dust control program. Such program shall be provided in writing to and be approved by the Director and shall include the provision of mud mats and dust control measures at both the removal and dumping sites, and the continuous monitoring thereof. Emergency contact names and numbers shall also be provided to the Director. Where mud and dust are not controlled to the satisfaction of the Director, the Director may, without notice, have such mud or dust controlled by Municipal forces or a third party contractor and such costs, including a 30% management and administration charge, shall be paid by the applicant upon invoicing. Any associated Permit may also be considered revoked, until such invoices are fully paid and any additional letters of credit provided, to the sole discretion of the Director.”14

INSPECTION, ADMINISTRATION & ENFORCEMENT

Things to consider: Municipalities should make it clear the resulting effects of trucks are the responsibility of the site owner and if the municipality is forced to remediate any damage, it will be at the site owner’s cost:

"Road Cleaning and Damage
31. Dirt, mud, debris, and other substances, which as a result of a deposit or removal operation, are deposited on public roads, shall be removed on a daily basis by the permit applicant. Where the dirt, mud, debris, and other substances cause a hazard or nuisance they shall be removed as directed by the Engineer. Should the permit holder fail to perform the necessary cleaning work, the Township may perform this work, the cost of which shall be paid forthwith to the Township by the person responsible for the removal The Township may recover the cost by drawing on the security deposited with the Township. Where the security is drawn upon for these purposes, the applicant will replenish the security to the amount required under section 11(6) within fifteen (15) days.

32. Where soil is to be deposited or removed and thus transported over a road or portion thereof that is not a truck route as defined in the current highway and traffic by-law for the Township, the permit applicant will be responsible for any damage occurring to that road as a result of the transportation of the soil.”15

FEES

Things to consider: Designating required fees for damages from truck traffic and transportation is extremely important as road repairs can be costly. For this reason, it is also recommended that the amount is determined by the Director on a site-by-site basis:

“Security in an amount determined by the Director may be required pursuant to this By-law, and the execution of a security agreement by the applicant and the registered owner of the site may be required in a form determined by the Director in accordance with Subsections 12.05 –12.12 inclusive of this By-law, to ensure maintenance of on-site construction control measures, proper rehabilitation, to prevent fouling or tracking of soil, mud, or debris on roads and highways of the City and Halton Region, and to secure performance of the applicant’s and owner’s obligations pursuant to this By-law and any Permit that is issued, including as may be needed, returning the site to its original condition so far as possible, carrying out the work under the Permit, and complying with other provisions of the By-law including rehabilitation of the site;”16

See Fees, Cost Recovery and Financial Assurance Issue page for additional information.