2
he new provincial government has just confirmed that it intends to develop regulations to govern the use of excess soil. e previous Liberal government had undertaken consultations on draſt regulations that defined and proscribed specific uses for clean excess soil, which is oſten landfilled to avoid liability concerns. Work on the regulations halted when the Conservative government took power, but the recently released proposed environment plan specifically commits to developing a process for managing clean fill. “We now have, for the first time, confirmation that the government is going to move ahead with excess soil regulation… We just don’t know what form it’s going to take,” Norton Rose Fulbright senior partner Janet Bobechko told NRU. Bobechko is also a member of the Ontario Industry Environment Association excess soil working group. “Excess soil has been a longstanding issue in the province of Ontario… simply because we have got a lot infrastructure that’s being built,” she says. “We’ve had a great, hot economy. We’ve been building condos. at excess soil, if it’s clean… should be beneficially reused.” e construction industry has been awaiting regulations for some time in order to provide clarity around exactly how clean fill can be beneficially reused. “Part of the problem we have with beneficial reuse is [that] geotechnically the soils in Ontario are so variable that you can’t always get good material that can be reused for structural fill,” says XCG Consulting partner and chair of the excess soil working group Grant Walsom. e draſt regulations had required that soil be tracked from its source, and the onus for tracking be put on the source rather than the recipient. ey also gave “Qualified Environmental Persons” as defined in the brownfield regulations, such as Walsom, the discretion to determine where and how specific loads of clean fill can be used. “Rather than somebody calling up, which is what happens now, and saying, ‘I have a 100 trucks and I need to know where to go,’ and they phone around, see who’s available, see who’s got the best price on it and away they go, what [the government] wants to do is regularize the process by having the source site and the receiving site communicate in advance and basically reserving DECEMBER 5 Durham Region Council, 10:00 a.m. Georgina Council, 9:00 a.m. Mississauga General Committee, 9:00 a.m. Vaughan Committee of the Whole, 1:00 p.m. 6 Peel Region Council, 9:30 a.m. York Region Council, 9:00 a.m. 10 Brampton Planning & Development Committee, 7:00 p.m. Burlington Committee of the Whole, 1:00 p.m. King Council/Committee of the Whole, 6:00 p.m. Markham General Committee, 9:00 a.m. Mississauga Planning & Development Committee, 6:30 p.m. Oakville Planning & Development Council, 7:00 p.m. Pickering Council, 7:00 p.m. Uxbridge Council, 10:00 a.m. 11 Aurora General Committee, 7:00 p.m. Burlington Planning & Development Committee, 1:00 p.m. Caledon General Committee, 1:00 p.m. Caledon Planning & Development Committee, 7:00 p.m. Durham Planning & Economic Development Committee, 9:30 a.m. Hamilton Planning Committee, 9:30 a.m. Richmond Hill Committee of the Whole, 4:30 p.m. Whitchurch-Stouffville Council, 3:00 p.m. Ian A.R. Graham, Publisher [email protected] Lynn Morrow, Editor [email protected] Rachael Williams Reporter [email protected] Rob Jowett Reporter [email protected] Peter Pantalone Planning Researcher [email protected] Jeff Payette Design/Layout [email protected] Irena Kohn Sales and Circulation [email protected] SALES/SUBSCRIPTIONS [email protected] Annual subscription rate is $409 +HST (ON). Complimentary trial subscriptions are available. Advertising rates available upon request. Novae Res Urbis Greater Toronto & Hamilton Area is published 50 times a year and is not to be redistributed without the written consent of the publisher. Editorial Office 26 Soho Street, Suite 330 Toronto, ON M5T 1Z7 Tel: 416.260.1304 Fax: 416.979.2707 Billings Department NRU Publishing Inc. PO Box 19595 Manulife PO, Toronto, ON M4W 3T9 ISSN 1918-7548 EXCESS SOIL MANAGEMENT REGULATIONS NEEDED UPCOMING NRU PUBLISHING STAFF NRU PUBLISHING INC We’ve had a great, hot economy. We’ve been building condos. That excess soil, if it’s clean… should be beneficially reused. - Janet Bobechko NOVÆ RES URBIS GREATER TORONTO & HAMILTON AREA 2 WEDNESDAY, DECEMBER 5, 2018 T Rob Jowett CONTINUED PAGE 4

EXCESS SOIL MANAGEMENT UPCOMING ......26 Soho Street, Suite 330 Toronto, ON M5T 1Z7 Tel: 416.260.1304 Fax: 416.979.2707 Billings Department NRU Publishing Inc. PO Box 19595 Manulife

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Page 1: EXCESS SOIL MANAGEMENT UPCOMING ......26 Soho Street, Suite 330 Toronto, ON M5T 1Z7 Tel: 416.260.1304 Fax: 416.979.2707 Billings Department NRU Publishing Inc. PO Box 19595 Manulife

he new provincial government has just confirmed that it intends to

develop regulations to govern the use of excess soil. The previous Liberal government had undertaken consultations on draft regulations that defined and proscribed specific uses for clean excess soil, which is often landfilled to avoid liability concerns. Work on the regulations halted when the Conservative government took power, but the recently released proposed environment plan specifically commits to developing a process for managing clean fill. “We now have, for the first time, confirmation that the government is going to move ahead with excess soil regulation… We just don’t know what form it’s going to take,” Norton Rose Fulbright senior partner Janet Bobechko told NRU. Bobechko is also a member of the Ontario Industry Environment Association excess soil working group.

“Excess soil has been a longstanding issue in the province of Ontario… simply because we have got a lot infrastructure that’s being built,” she says. “We’ve had a great, hot economy. We’ve been building condos. That excess soil, if it’s clean… should be beneficially reused.” The construction industry has been awaiting regulations for some time in order to provide clarity around exactly how clean fill can be beneficially reused. “Part of the problem we have with beneficial reuse is [that] geotechnically the soils in Ontario are so variable that you can’t always get good material that can be reused for structural fill,” says XCG Consulting partner and chair of the excess soil working group Grant Walsom.

The draft regulations had required that soil be tracked from its source, and the onus for tracking be put on the source rather than the recipient. They also gave “Qualified Environmental Persons” as defined in the brownfield regulations, such as Walsom, the discretion to determine where and how specific loads of clean fill can be used. “Rather than somebody calling up, which is what happens now, and saying, ‘I have a 100 trucks and I need to know where to go,’ and they phone around, see who’s available, see who’s got the best price on it and away they go, what [the government] wants to do is regularize the process by having the source site and the receiving site communicate in advance and basically reserving

D E C E M B E R 5 Durham Region Council, 10:00 a.m.

Georgina Council, 9:00 a.m.

Mississauga General Committee, 9:00 a.m.

Vaughan Committee of the Whole, 1:00 p.m.

6 Peel Region Council, 9:30 a.m.

York Region Council, 9:00 a.m.

10 Brampton Planning & Development Committee, 7:00 p.m.

Burlington Committee of the Whole, 1:00 p.m.

King Council/Committee of the Whole, 6:00 p.m.

Markham General Committee, 9:00 a.m.

Mississauga Planning & Development Committee, 6:30 p.m.

Oakville Planning & Development Council, 7:00 p.m.

Pickering Council, 7:00 p.m.

Uxbridge Council, 10:00 a.m.

11 Aurora General Committee, 7:00 p.m.

Burlington Planning & Development Committee, 1:00 p.m.

Caledon General Committee, 1:00 p.m.

Caledon Planning & Development Committee,

7:00 p.m.

Durham Planning & Economic Development Committee,

9:30 a.m.

Hamilton Planning Committee, 9:30 a.m.

Richmond Hill Committee of the Whole, 4:30 p.m.

Whitchurch-Stouffville Council, 3:00 p.m.

Ian A.R. Graham, [email protected]

Lynn Morrow, [email protected]

Rachael [email protected]

Rob [email protected]

Peter PantalonePlanning [email protected]

Jeff Payette Design/[email protected]

Irena KohnSales and [email protected]

SALES/[email protected]

Annual subscription rate is $409 +HST (ON).

Complimentary trial subscriptions are available.

Advertising rates available upon request.

Novae Res Urbis Greater Toronto & Hamilton Area is published 50 times a year and is not to be redistributed without the written consent of the publisher.

Editorial Office26 Soho Street, Suite 330Toronto, ON M5T 1Z7Tel: 416.260.1304Fax: 416.979.2707

Billings DepartmentNRU Publishing Inc.PO Box 19595 Manulife PO,Toronto, ON M4W 3T9

ISSN 1918-7548

E XC E S S S O I L M A N A G E M E N T

REGULATIONS NEEDED U P C O M I N G

N R U P U B L I S H I N G S TA F F N R U P U B L I S H I N G I N C

W e’ v e h a d a g r e a t , h o t e c o n o m y. W e ’ v e b e e n b u i l d i n g c o n d o s . T h a t e x c e s s s o i l , i f i t ’s c l e a n … s h o u l d b e b e n e f i c i a l l y r e u s e d .

- Janet Bobechko

N O VÆ R E S U R B I S G R E AT E R TO R O N TO & H A M I LTO N A R E A 2 W E D N E S D AY, D E C E M B E R 5 , 2 0 1 8

TRob Jowett

CONTINUED PAGE 4

Page 2: EXCESS SOIL MANAGEMENT UPCOMING ......26 Soho Street, Suite 330 Toronto, ON M5T 1Z7 Tel: 416.260.1304 Fax: 416.979.2707 Billings Department NRU Publishing Inc. PO Box 19595 Manulife

N O VÆ R E S U R B I S G R E AT E R TO R O N TO & H A M I LTO N A R E A 4 W E D N E S D AY, D E C E M B E R 5 , 2 0 1 8

volume to a certain extent,” says Bobechko. While a guide for excess soil best management practices was released in 2014, implementation and outreach was limited and companies tended to prioritize minimizing risk over finding ways to reuse the soil. “There was a lot of concern… with stories about illegal dumping [of] soil that was claimed to be clean that in fact had contamination on it,” SOiiL principal and project manager Al Durand told NRU. “It became front and centre, and the municipalities… started to go to the only tool they had, which was to write by-laws to stop importation of soil. And the only reference point they had for soil quality were the… brownfield regulations

[which are] very hard to enforce and didn’t encourage beneficial reuse and… because of the uncertainty and liability, [construction companies] just sent everything—all soil, clean, dirty, whatever—to a landfill.” Little is known about what changes, if any, the provincial government will make to the draft regulations, or when they intend to implement them. Walsom says that based on the language of the proposed environment plan, the emphasis may be on local reuse to the extent possible. “They were in limbo, and [there was] quite a bit of quiet at the Ministry of the Environment for the last little while… [and the regulations are] not going to proceed, as originally suggested, for January 1st [2019],” he says. “[But] it looks like things will

be moving forward.” The 2018 Ontario Excess Soil Symposium, hosted by the Canadian Urban Institute, was held at the Ajax Convention Centre last week.

REGULATIONS NEEDED

CONTINUED FROM PAGE 2

“Our initial process would be to initiate environmental studies,” Thompson says. “We have to go through quite

a process to develop these corridors. In a perfect world, I think if we had funding to start an environmental assessment

study that deals with what we call phase one of the Niagara-Hamilton Corridor, which stretches from the QEW to the 406 extension, that would really get the program going.” “We also feel that another component to this corridor that’s important is a new Niagara Escarpment crossing corridor that allows the trucks

to get up over the escarpment to the corridor. So again, we would be looking to get an environmental assessment for the Niagara Escarpment crossing study.”

FUNDING SHORTLISTED

CONTINUED FROM PAGE 3

URBAN DESIGN ARCHITECTUREAN

D

AWAR

DS

2019

CITY OF HAMILTON

COMING SOON!the 8th urban design and architecture awards for the city of hamilton are launching in spring 2019!

For more information and to see past winners, visit:

www.hamilton.ca/designawards