Site Alteration By-law

No, the Town does not allow "waste fill", dry or liquid, to be imported onto properties within EG. Waste fill, or liquid waste, requires a MECP Environmental Compliance Approval (ECA), regulated and approved by the MECP through O.Reg 347.

There is a private site in EG that is currently processing wet fill within an indoor facility under the approval of an ECA under the MECP. The Town does not have jurisdiction or a Fill Management Plan for sites under the oversight of the MECP.

The liquid soil generated from tunnelling, drilling, or geothermal installation comprises the native soil, water, and usually bentonite. Glycol is not used in the construction process of installing the pipes for the geothermal loop or other drilling processes, and is not found in the liquid soil generated in these processes. Glycol would be used in the sealed pipes once construction is completed.

No, the proposed by-law does not automatically allow liquid soil to be imported into an existing fill site. If an existing fill site would like to import wet fill onto the site, they are required to apply for application,  provide the appropriate studies/reports, host a public meeting, and seek Council approval.

The Town recognizes the need to manage and beneficially reuse liquid soil material. Accepting liquid soil in the by-law gives the Town the ability to manage and oversee the final fill placement and environmental protection measures.

Alternatively, applicants could seek approval through the provincial Environmental Compliance Approval (ECA) process. The ECA process does not require Council approval, input from Town staff or audit inspections. The Town’s permit conditions go above and beyond what the province requires.

Liquid soil can be dumped in one of two locations:

1. A facility operated under an Environmental Compliance Approval (ECA) through the Ministry of Environment Conservation and Parks (MECP). These facilities are typically designed to separate the liquid and soil to allow for sampling and testing prior to shipping the material off-site to an appropriate receiving site.
2. A facility operating under a Municipal Fill Permit. These sites are usually located on larger properties once used as an aggregate extraction site. These facilities are designed to have a sealed inspection cell for initial inspection of the material. If deemed acceptable, the material would be sampled and placed within a holding cell. Once the samples are tested and deemed acceptable for the site, the material would be placed permanently within the old aggregate extraction site. If the material is not acceptable for the site, the material would be removed from the site to an appropriate receiving site. 

Allowing a hydro-vac receiving site will provide a regulated location for hydro-vac trucks to dump. This will help eliminate illegal dumping and provide a site closer to construction sites within EG and surrounding areas. This will help reduce the carbon footprint of construction sites as they will not have to travel to further regulated sites.

Applying for a Hydro-vac receiving site would be the same process as a fill permit to receive wet fill. The applicant will be required to provide a Fill Management Plan which will detail their acceptance protocol for the hydro-vac material (liquid soil). This will be reviewed by the Town and their Peer Review Consultant to ensure compliance with MECP Standards. Once all comments, questions, and concerns are addressed the applicant will be required to host a public meeting and seek approval from Council.

There are legitimate reasons for landowners to import fill to change grades, improve properties, backfill old pits, install protective berms and upgrade topsoil. The by-law provides stringent control over such activities. Prohibiting the importation of fill could lead to increased illegal dumping, as legitimate uses would no longer be permitted.

The free Minor Permit will inform residents of restrictions on placing material on their property. These restrictions will avoid causing issues with their neighbours, the Town, and/or the conservation authority and Lake Simcoe Region Conservation Authority (LSRCA). This will also notify the Town of their project, and in the event of a By-law complaint, the Town will have information on the project, which may avoid the need for inspection.

Exceptions to this by-law include, but are not limited to:

• If a Site Alteration Permit has been authorized under a different Town approval or permit, such as a building permit or a swimming pool permit
• Standard farm practices
• Construction or reconstruction of any public road, highway, or underground service

It takes approximately ten business days for applications to be processed. 

Site Alteration Permits are typically issued for 12 months. Applicants also have the option to extend their permit by notifying the Town three months before the permit expiration date Engineering and Public Works.

What happens if I begin work without obtaining the correct permit?

Residents who begin work without obtaining the correct permit may be asked to immediately stop site altering activity and/or remediate the effects until they receive a permit.

Residents may also be fined up to $100,000, depending on the severity of the infraction.

What revenue is expected through commercial permits?

Will the new by-law change current approvals for existing permitted sites?

No, updating the by-law will not change any current approvals for existing permitted sites. Town staff proactively incorporated these updates into the sites’ existing Fill Management Plans.

If a site operator proposes changes to how a site operates, such as increases in truck volumes, changes to acceptable materials, or modifications to haul routes, additional approvals would be required. These changes would trigger updates to the site’s Fill Management Plan, along with the submission of supporting studies and reports for review by the Town. A Public Information Centre would also be required, and any proposed changes would need approval from Council

Staff have not received any requests for operational changes related to the draft by-law update.

What is the quality of fill being accepted and what are the testing procedures?

All imported soil and fill material must meet the Ministry of the Environment, Conservation and Park’s (MECP) Standards as regulated by Ontario Regulation 153/04 and Ontario Regulation 406/19. 

This means the material must meet the quality of the zoning/use of the property. Table 1 and Table 2 (residential and agricultural) available material is permitted. Contaminated material is not permitted to be used as fill.

Ministry of Environment, Conservation, and Parks), with varied requirements based on land use (residential, industrial, agricultural).

1. Submitting a notification with the Registry and updating it as needed.
2. Assess prior uses, create a sample and analytical plan, and report on soil characteristics.
3. An excess soil destination evaluation report.
4. Creating and Implementing a Tracking System 

How will noise, dust, air quality, persistent odours, and the possibility of harmful substances be addressed?

Each site will have site-specific constraints, which will determine required studies and reports. Items such as the noise, dust, air quality, persistent odours, and the possibility of harmful substances would be addressed in studies and reports explaining how an applicant will mitigate any issues and how they will address any issues that may arise. This is the same process for dry fill, and how other municipalities that have updated their by-laws to include O.Reg 406/19 approach these concerns.

Trucks operating on public roads are expected to operate in accordance with all applicable legislation to minimize emissions. This includes mandatory vehicle emissions testing and safety inspections for older heavy-duty diesel vehicles under the Environmental Protection Act and emissions-related inspections undertaken by the Ministry of the Environment, Conservation and Parks’ Vehicle Emissions Enforcement Unit.

Why is it important to monitor groundwater wells? What are the testing requirements for groundwater monitoring wells?

Monitoring groundwater wells is important because groundwater provides drinking water for rural families, valuable resource for irrigation, and environmental benefits. Without effective monitoring, contamination or reduction might go undetected until it becomes an urgent and often irreparable issue. Groundwater monitoring wells act like an early warning system. Regular testing ensures water remains safe, contamination is controlled, and environmental regulations are maintained.

When living in a rural area, it is important to understand what actions to take to protect your water and ensure that it is suitable for potable use groundwater monitoring well testing requirements include water quality sampling, measuring water levels regularly, and conducting periodic pumping tests to determine capacity.

Who is liable if there is an accident?

Will the proposed by-law update increase truck traffic?

The inclusion of wet fill in the proposed by-law will not automatically allow an increase of truck traffic to an existing fill site. If an existing fill site would like to increase its daily truck traffic, the operator would be required to submit a permit application to apply for the increase, and seek Councils approval.

To support their request, the applicant would also be required to submit a Traffic Impact Study supporting the increase, including mud/dust mitigation measures, and identify the haul route for the trucks. 

The Town has not received any requests to increase truck traffic to existing fill sites. As part of this by-law amendment, residents will not see an increase in the currently approved traffic volumes to existing sites. 

How are haul routes determined? 

Will traffic control cameras be installed?