Backgroundfile-64073 City of Toronto
Backgroundfile-64073 City of Toronto
Backgroundfile-64073 City of Toronto
ACTION REQUIRED
Wards: All
Reference
P:\2013\Cluster B\PLN\PGMC\PG13071
Number:
SUMMARY
The report makes recommendations to ensure that excess soil is managed in a safe and
consistent manner across the province and to consider including soil management plans
prepared by a Qualified Person in the Tier 2 Toronto Green Standard and for City-owned
projects generating excess soil requiring off-site management.
The City Solicitor is providing a separate confidential report on potential legal issues
associated with City regulation of excess soil.
RECOMMENDATIONS
The Chief Planner and Executive Director, City Planning Division recommends
that:
1. City Council reaffirm its previous request to the Ministry of the Environment to
enact regulations to ensure that excess soil placement is provincially regulated in
2. City Council request that Soil Management Plans prepared by a Qualified Person
for large redevelopments generating excess soil requiring off-site management be
considered for the next review of the Tier 2 Toronto Green Standard.
3. City Council request the Deputy City Manager Cluster B to consult with affected
Divisions on the feasibility and implications of a policy to require soil
management plans prepared by a Qualified Person for large City-owned projects
generating excess soil requiring removal from the site and report back to the
Executive Committee.
Financial Impact
The Deputy City Manager and Chief Financial Officer have reviewed this report and
agree with the financial impact information.
DECISION HISTORY
Notice of Motion MM37.25 adopted by City Council at its meeting on July 16, 17, 18
and 19 contained the following requests:
1. City Council request the Chief Planner and Executive Director, City Planning, in
consultation with appropriate staff, to report to the October 22, 2013 Planning and
Growth Management Committee meeting on the appropriate mechanism in which
to incorporate a mandatory Material Management Plan requirement, as part of any
major excavation or development/building permit approval so as to mitigate
illegal dumping of materials from Toronto development projects within other
GTA municipalities and to ensure excess fill materials are managed in a
sustainable and legislatively accountable manner.
d. The Soil Management Plan of the New Jersey New York Gas Pipeline
Expansion Project (http://www.yesgaspipeline.org).
At its meeting on October 2, 3 and 4, 2012, City Council considered the August 27, 2012
report from the Executive Director, Technical Services, titled Protecting Toronto's
Moraine-Sourced Groundwater, and adopted the following recommendation:
ISSUE BACKGROUND
Excess material is generated by excavation from large redevelopment and construction
projects. In most cases, this material cannot be reused on site and must be managed off-
site. Excess material that meets the definition of waste under Ontario Regulation 347 (the
"Waste Management Regulation") must be managed in accordance with Part V of the
Environmental Protection Act. Excess soil that meets the definition of "inert fill" under
Ontario Regulation 347 is exempt from Part V of the Environmental Protection Act.
Subject to municipal site alteration bylaws under the Municipal Act or regulations under
the Conservation Authorities Act, inert fill can generally be reused at any location. There
are no regulations that address excess soil that does not meet the definition of inert fill.
In 2004, requirements were put in place through the Environmental Protection Act and
Ontario Regulation 153/04 to address the cleanup and redevelopment of former industrial
and other sites that are potentially contaminated (also referred to as brownfield sites).
Under these legislative and regulatory requirements, and subsequent amendments, a
record of site condition (RSC) must be filed with the Ministry of the Environment's
Brownfields Environmental Site Registry when a property changes to a more sensitive
use. The RSC must show that the soil on the property meets the applicable standards.
Since 2009, Toronto Building has received a total of 711 RSC submissions. The
legislation has helped to encourage the cleanup and redevelopment of former industrial
sites in Toronto but it does not address how excess soil, which does not meet the
definition of inert fill and is removed from the site, should be managed.
The proposed guideline was posted for public review on the Environmental Registry in
November 2012.
http://www.downloads.ene.gov.on.ca/envision/env_reg/er/documents/2012/011-7523.pdf.
A revised guideline, reflecting public comments, is expected in the fall of 2013. As of the
date of this report, the revised guideline has not been posted on the Environmental
Registry.
The Ministry's draft guideline encourages the use of best practices for the management of
excess soil. A best practice can be defined as a method or technique that consistently
shows superior to those achieved with other means, and is used as a benchmark. The draft
guideline describes best practices from both source sites, where soil is generated, and
receiving sites, where soil is reused. Best practices for source sites include:
Regulation 153/04 defines Qualified Person (QP) and provides specific professional and
legal requirements. Best management practices for receiving sites include:
The best management practices outlined in both the MOE guideline is similar to
approaches used in other jurisdictions. The organization CLAIRE (Contaminated Lands:
Applications in Real Environments) in the United Kingdom http://www.claire.co.uk has a
developed a joint government/industry voluntary Code of Practice which includes the
preparation of a materials management plan by a QP.
The Residential and Civil Construction Alliance of Ontario (RCCAO) has developed a
"Best Management Practices for Handling Excess Construction Soils in Ontario"
http://www.rccao.com/news/files/RCCAO_NOV2012.pdf in consultation with the MOE
which includes the preparation of a soil management plan and review by a QP. The
RCCAO best management practice is intended to complement the Ministry's draft soil
management guideline, clarify uncertainties related to management of excess
construction soil and provide guidance for management of excess soil at smaller
municipal and construction projects.
COMMENTS
Excess soil must be managed in a safe and sustainable manner in order to maintain a
strong economy and protect the environment. Soil reuse is encouraged to avoid
unnecessary disposal of large volumes of excess soil in landfills but there are no
regulations that apply to soil movement. The Ministry of the Environment has prepared a
draft soil management guideline to encourage reuse of excess soil across the province by
identifying best practices for both generating and receiving sites. Guidelines and best
practices are not enforceable and the Ministry has indicated that it does not intend to
introduce new regulations that apply to soil movement as part of the best management
practices document. The lack of clear and enforceable regulations has led to confusion
about reuse of excess soil and to concerns from some municipalities and conservation
authorities outside of Toronto about the quality of excess soil being placed at fill sites in
their jurisdictions.
At present, reuse options for excess soil from Toronto are limited to placement at fill
receiving sites located outside the city boundary. These sites are subject to MOE waste
regulations and fill placement bylaws in the receiving municipality. Some of these
bylaws include provisions to address the quality of soil that can be placed. In the past,
excess soil from Toronto was used to create new landforms along the waterfront. There
may be future opportunities for the reuse of excess soil provided it meets applicable
standards at approved waterfront landforms. Environmental Assessments are underway
for a Humber Bay Islands landform and an Ashbridges Bay landform. A third
Environmental Assessment is underway for a landform on the Toronto Mississauga
This report recommends that City Council reaffirm its request to the Ministry of the
Environment. In the absence of regulation, City Council has requested that City Planning,
in consultation with appropriate staff, explore options for requiring soil management
plans for large redevelopment and construction projects in Toronto in order to ensure that
excess soil is managed in a sustainable and legislatively accountable manner.
The following Divisions were consulted in the preparation of this report: City Manager's
Office, Engineering and Construction Services, Buildings, Toronto Water,
Transportation, Parks Forestry and Recreation and Office of the Chief Corporate Officer.
Municipalities do not have specific authority to require soil management plans or regulate
fill placement outside their municipal boundaries.
An applicant must provide the building official with proof that a RSC has been filed in
order to obtain a building permit for construction on a property which is changing to a
more sensitive use. Provincial guidelines or draft guidelines, including the Ministry of the
Environment's draft Soil Management guideline are not applicable law. As a result, the
Chief Building Official does not have the authority to require a soil management
plan prior to issuing a building permit.
Planning Act
The Planning Act does not contain any specific provisions requiring the submission of a
soil management plan, nor does the MOE's draft Soil Management Guideline suggest that
a municipality may use its development approval authority under the Planning Act to
require a soil management plan.
The Ministry of the Environment's draft guideline recommends that those who engage in
procuring services requiring large-scale soil management, such as municipalities and
other government ministries and agencies, consider incorporating best management
practices, including soil management plans, when tendering contracts that include the
movement of excess soil.
Excess soils are costly to deal with and can create environmental problems if not properly
managed. The City's current procurement practice requires that contractor's comply with
all current applicable law (which includes proper disposal of waste materials under the
Environmental Protection Act) but does not specifically require the preparation of a soil
management plan by a QP. While not required by regulation, the City should ensure that
its procurement practices and procedures for the management of excess soil do not
expose the City to unnecessary liability. The City Solicitor's report addresses these issues.
The City should review the feasibility and implications of requiring soil management
plans prepared by a QP as part of procurement practices for large city-owned projects
generating excess soil requiring off-site management.
Excess soil requiring off-site management is generated from large redevelopment and
construction activities in Toronto. The Ministry of the Environment has developed a draft
guideline to help ensure consistent and sustainable management of excess soil across the
Province at both source and receiving sites. The Ministry has not made a regulation or
finalized the guideline. Under the draft guideline, those who generate, haul and receive
excess soil are responsible to ensure that it is managed in an environmentally sound
manner in accordance with the regulations. The lack of clear, enforceable regulations has
led to confusion about the reuse of excess soil and to concerns from some municipalities
and conservation authorities located outside of Toronto about the quality of excess soil
being placed at fill sites in their jurisdiction.
Municipalities do not have any specific authority to require soil management plans as
part of building permits or development applications and cannot enforce soil movement
across jurisdictional boundaries. The Ministry of the Environment has the jurisdiction and
authority to enact regulations to ensure that excess soil is managed in a consistent manner
across the province. The City of Toronto can include preparation of soil management
plans by a QP as part of the voluntary Tier 2 Toronto Green Standard. The City can also
review the feasibility and implications of a policy requiring soil management plans
prepared by a QP, as recommended in the Ministrys draft Soil Management guidelines,
for large city-owned projects involving off-site management of excess soil.
CONTACT
SIGNATURE
_______________________________
Jennifer Keesmaat, MES, MCIP, RPP
Chief Planner and Executive Director
City Planning Division
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