Articles

PROPOSED INERT FILL REG PUBLISHED

Ontario?? MOE To Clarify Contaminated Fill Exemptions

Draft Criteria for the Management of Inert Fill were released for public comment on August 20, 1998, in the form of proposed amendments to General Waste Reg. 347. Permitted uses of inert fill will be directly related to contamination levels set out in the Guideline For Use At Contaminated Sites In Ontario (February 1997) - (Guideline).

Coherent fill criteria should help expedite site clean-up and redevelopment. Clear rules regulating the use of fill and exemptions from approval requirements should reduce costs and red tape. The current definition of "inert fill" in Reg. 347 is very restrictive, resulting in costly disposal of large quantities of soil in landfill sites. Property owners, developers, contractors and consultants have impatiently awaited more flexible fill regulation during the years it took the MOE to discuss, consult and finalized contaminated site clean-up guidelines.

The new approach is simpler, and less stringent than the 1993 Proposed Policy for Management of Excess Soil, Rock and Like Materials. That proposal, together with recommnedations by the now-defunct Advisory Committee on Environmental Standards (ACES), created a complex assessment and management process, including permit-by-rule approval for urban residential and urban industrial fill, and a class of "controlled fill," to be used only at licensed sites.

The 1998 proposals will mean that substantial quantities of low-level contaminated soil will be freed from regulatory controls. This soil will no longer have to be disposed in licensed landfill sites, significantly decreasing the cost of site clean-up and redevelopment.

The 1998 exemptions from waste controls will include:

  • four classes of inert fill to be exempt from approvals;
  • on-site exemptions; and
  • clean-up site exemptions.

Inert Fill Exemption:

Inert fill classes will be based on contaminant concentrations for 83 substances specified in the regulation. These concentrations are the same ones currently used as background or generic levels in the Guideline. This will be the first time that clean-up numbers from the Guideline will be incorporated into a regulation. However, the criteria in the regulation are not specifically referred to the Guideline, so future changes to clean-up criteria will not automatically change inert fill criteria - the regulation will have to change.

The four inert fill classes are designated as waste, but exempted from waste controls as described below:

  • Class I - not exceeding background levels for Agricultural Land Use(Guideline Table F), plus uncoated concrete or brick. Exempt from all waste controls, and suitable for any land use.
  • Class II - not exceeding background levels for All Other Land Uses (Guideline Table F). Exempt from waste controls but may not be used in an "ecologically sensitive area".
  • Class III - not exceeding generic clean-up criteria for Agricultural land use in potable groundwater situation (Table A - coarse soil texture values). Exempt from waste controls but may not be used in a residential area or "ecologically sensitive area".
  • Class IV - not exceeding generic clean-up criteria for Industrial/commercial land use in potable groundwater situations (Table A - coarse soil texture values). Exempt from waste controls for use in industrial or commercial area, but may not be used in an agricultural, residential or "ecologically sensitive area".

Notably, the proposed fill criteria tables include background (Class I and II) values for petroleum hydrocarbons (gas, diesel and heavy oil), although none are provided in the Guideline.

On-site Exemption:

The on-site exemption permits the excavation and movement of rock and soil fill on-site without regard to the degree of contamination. Foundry sand is excluded from the exemption. Rock and soil excavated to install utilities and services and used to backfill the installations will be exempt from waste controls.

Clean-up Site Exemption:

Contaminated soil and rock can be imported and dumped at a site undergoing clean-up, without waste controls, if contaminant concentrations meet the site?? remedial workplan (prepared under the Guideline). This exemption will permit the disposal of foundry sand and similar wastes and contaminated material to fill excavations made by removing material too contaminated to meet the remedial workplan.

Deadline for comments on the proposed criteria is October 31, 1998. The proposed amendments can be downloaded from the Ministry of the Environment at: http://www.ene.gov.on.ca/envision/env_reg/documents/a/ra8e0030.pdf

For legal advice on contaminated land and redevelopment issues call Donna Shier (416) 862-4822 or Doug Petrie at (416) 862-4835. Visit the Willms & Shier Website at http://www.willmsshier.com.

If you want us to include you on our newsletter/eflash list or want to receive a copy of any publication listed below, please use our online Comment / Subscribe form or contact Janice Hardacre at:
WILLMS & SHIER ENVIRONMENTAL LAWYERS LLP
4 King Street West, Suite 900,
Toronto, Ontario, Canada, M5H 1B6
Tel: 416-863-0711, Fax: 416-863-1938
e-mail: info@willmsshier.com

Categories:
Select CategoryAmerican Bar Association
Select CategoryCanadian Environmental Regulation & Compliance News
Select CategoryCanadian Lawyer INHOUSE
Select CategoryCCH EnviroMation
Select CategoryEM Magazine
Select CategoryEnvironmental Science & Engineering
Select CategoryHazardous Materials Management
Select CategoryInternational Comparative Legal Guide to Environmental Law 2007
Select CategoryMunicipal World
Select CategoryOccupational Health & Safety Canada
Select CategoryService Station and Garage Management
Select CategoryThe Lawyers Weekly
Select CategoryWater & Pollution Control
Canadian Environmental Regulation & Compliance News
Select ArticleOntario Court Gives Clean-up Contractor Priority Over Mortgage
(November 1998) by Donna Shier
Select ArticleProposed inert fill reg published; Ontario's MOE To Clarify Contaminated Fill Exemptions
(October 1998)
Select ArticleIndustrial Contamination Not "Defect of Title"
(May 1997) by Donna Shier
Select ArticleR. v. Courtaulds Fibres Canada: The Successful Defence of Due Diligence at an Aging Industrial Plant
Select ArticleBill 26 - Ontario Environmental Bill of Rights
Select ArticleCases Highlight Purchaser's Need to Inspect, Read Fine Print
Select ArticleCommander Business Furniture Not Diligent Enough
Select ArticleConfidentiality of Environmental Audits - Solicitor-client privilege can apply
Select ArticleCourt of Appeal Upholds The Northern Wood Preservers Decision
Select ArticleDraft Decommissioning Guidelines Propose Major Changes
Select ArticleDue Diligence Defence: Anachemia Solvents Limited
Select ArticleEnvironmental Audits: Gregory Case Denies Confidentiality
Select ArticleIs It a Spill? Must I Report It?
Select ArticleOntario's Environmental Appeal Board: Sky Harbour
Select ArticleOntario's Environmental Compensation Corporation
Select ArticleOntario's New Gasoline Handling Code - 1993
Select ArticlePersonal Liability for Contaminated Land: Deep Pockets v. Fairness
Select ArticleSpill Reporting: Due Diligence
Select ArticleWhen Do I Need a Certificate of Approval? - 3Rs Amendments to Reg. 347
Select ArticleWho Pays For Clean-Up? The Northern Wood Preservers Case
CCH EnviroMation
Select ArticleProposed Environmental Super Lien May Cause Lending Chill
(January 1997)
Select ArticleFirst ISO 14000 EMS Standards Now Published
(August 1996) by Barry N. Spiegel and P. Douglas Petrie
EM Magazine
Select ArticleEnvironmental Management Systems: Myth and Mystique
(November 1997)
Environmental Science & Engineering
Select ArticleKyoto if Necessary, but Not Necessarily Kyoto
(November 2006) by Paul Manning
Select ArticleUpgraded Ontario Fire Rules Extend Powers, Regulation of Storage Tanks
(November 1998)
Select ArticleCan Compelled Reports Be Used Against You?
Select ArticleJUNE 1, 2002 Deadline For Ontario Airborne Contaminant Emission Reports - O. Reg. 127/01
Select ArticleMOEE, MCCR Increased Order Powers
Municipal World
Select ArticleMunicipalities and the Green Energy Act - Update
(January 2010) by Paul Manning and Joanna Vince
Select ArticleHow Planning Act Strategies Can Compensate For MOE Laissez Faire
(September 1998) by John Willms
Select ArticleGravel Pits: The Aggregate Resources Act
Select ArticleMunicipal Environmental Auditing: A Gram of Prevention is Worth a Kilo of Cure
Select ArticleNew Municipal Responsibilities for Environmental Planning of Contaminated Lands
Select ArticleProvincial Interest Under the Planning Act, 1983: Policy Statements Versus Ministerial Discretion
Select ArticleThe Aggregate Resources Act - Same Old Fox, Same Old Chicken Coop
Select ArticleToxic Real Estate In Your Backyard - Municipalities Respond (Parts 1 and 2)
Hazardous Materials Management
Select ArticleConflicting Cleanup Enforcement Trends
Select ArticleToxic Targets: Feds and Ontario Identify Candidates for "Sunsetting"
Occupational Health & Safety Canada
Select ArticleAlcoholism Ruled A Handicap
Select ArticleBiotechnology: Risks and Regulations
Select ArticleDo Government Audits Protect from Prosecution?
Select ArticleEmployer's OH&S Liability for Independent Contractors
Select ArticleReasonable Precautions: A Due Diligence Update
Select ArticleSpill reports: Compliance versus Liability
Service Station and Garage Management
Select ArticleLeak Proof: Gasoline Handling Code Proposals
(June 1998) by Barry N. Spiegel
The Lawyers Weekly
Select ArticleOntario Clean Water Act
(October 2009) by Juli Abouchar and Jacquelyn Stevens
Select ArticleSmelly Organic Waste Plant Ordered Closed
(October 2006) by John Jaffrey
Select ArticleLet's Regulate Factory Farms
(May 2001)
Select ArticleA Trash Circus
(October 2000)
Select ArticleEnvironmental Framework Falling Apart - Slash and Crash Strategy Fails The Public
(June 2000)
Select ArticleBill 82 Extends Municipal/Corporate Liability For Waste Handling, Disposal
(February 1999)
Water & Pollution Control
Select ArticleMunicipal Liability for Water and Sewer Services
International Comparative Legal Guide to Environmental Law 2007
Select ArticleCanadian Environmental Law and Policy:
International Comparative Legal Guide
(June 2007) by Donna S. K. Shier and John Willms
American Bar Association
Select ArticleGetting the Deal Through Environment 2009
(November 2008) by Barry Spiegel, Marc McAree and Arti Sanichara
Canadian Lawyer INHOUSE
Select ArticleNanotechnology
(August 2009) by Marc McAree

For more articles please see our Archives section.