Fill By-law

• Incorporate language from the recently updated Ministry of Environment Conservation and Parks (MECP) On-Site and Excess Soil Management regulations (O. Reg 406/19), the Municipal Act, as well as common practices from surrounding municipalities.
• Changing the name of the By-law from “Fill” to “Site Alteration” which is more in line with surrounding municipalities and better describes the by-law, as it regulates the placement, removal, and movement of material (fill, topsoil, aggregate, etc.) on a property.
• Refinements and additions of definitions.
• Adjustment of the permit levels to allow the updated by-law to closely align with provincial regulations:
  • A Minor Permit from 0-200 cubic meters,
  • A Small Permit for 200-10,000 cubic meters,
  • A Large Permit for 10,000 cubic meters or more.
• The removal of landscaping and the low volume exemptions. The removed low volume exemptions are proposed to fall under the new free Minor Permit.
• The introduction of the free Minor Permit, which will allow residents interested in performing minor landscaping and/or grading works on their properties to do so through a simple and expedited process.
• The Minor Permit will be at no cost to the resident and will only require an online self-serve application to process the permit (similar to a Fire Burn Permit).
• Outline requirements specifically for the safe and proper importation of liquid fill, typically from hydro-excavation trucks, in order to ensure compliance with best management practices and provincial regulations.

Why do we need a Site Alteration and Fill By-law?

Why not just ban fill importation?

Why does the By-law need to be updated?

Why does the Town want to enforce a Site Alteration By-law?

The Town regulates the importation, placement, and/or movement of fill within the Town to ensure the quality of material will not negatively affect the environment and adjacent properties. This prevents negative impacts such as:

• Poor quality/contaminated fill
• Damage to environmentally sensitive areas
• Blocked or altered drainage patterns
• Damage to the public and private infrastructure

Where does fill come from?

Fill is generated from projects within EG and throughout out the GTA. The sources could be:

• subdivision developments with excess topsoil
• deep excavations as part of condo construction
• tunnelling for transit
• general construction activity
• pool or pond excavations
• etc.

What is the purpose of a Minor Permit?

This will also inform the Town of their project, and in the event of a By-law complaint, the Town will have background on the project, which may avoid the need for inspection.

What are the exceptions to this By-law?

Exemptions to this By-law only exempt the applicant from obtaining a permit from the Town. All aspects of the By-law and O.Regs still apply. 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.
• Normal farm practices.
• Construction or reconstruction of any public road, highway, or underground service.

How long does it take to process my application?

There is typically a 10-business day turn around for applications to be processed. We thank you for your patience as staff work to get your permit approved in a timely manner.

How long is the permit valid for?

Site Alteration Permits are typically issued for 12 months.  Applicants have the option of extending their permit provided they advise the Town three months prior to the expiration date.

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 cease site altering activity and/or remediate the effects until they obtain a permit.

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

What revenue is expected through commercial permits?

What is wet fill?

What Provincial Regulations apply to wet fill (Liquid Soil)?

The same provincial regulation that applies to dry fill applies to wet fill, O.Reg 406/19.

Ontario Regulation 406/19

There is no regulatory term for “wet fill” however there is a definition for Liquid Soil in in Ontario Regulation 406/19 Onsite and Excess Soil Management which is also used in Ontario Regulation 347 General Waste Management. It is stated as:

“liquid soil” means soil that has a slump of more than 150 millimetres using the Test Method for the Determination of “Liquid Waste” (slump test) set out in Schedule 9 to Regulation 347; (“sol liquide”)

A slump test determines how much water is within material such as fill or concrete. 

This is the definition used in the draft Site Alteration and Fill By-law update.

Liquid Soil is a type of Excess Soil defined in Ontario Regulation 406/19 as:

“excess soil” means soil, or soil mixed with rock, that has been excavated as part of a project and removed from the project area for the project; (“sols de déblai”)

Based on Ontario Regulation 153/04 Liquid Excess Soil can be beneficially reused on sites within Town jurisdiction with specified controls and restrictions.

Ontario Regulation 347

Ontario Regulation 347 has the following definition of liquid waste:

“liquid waste” means waste that has a slump of more than 150 millimetres using the Test Method for the Determination of Liquid Waste (slump test) set out in Schedule 5.  O. Reg. 558/00, s. 2.

Transportation management and disposal of liquid waste must be in accordance with Ontario Regulation 347. All waste receiving and disposal sites are required to have an Environmental Compliance Approval (ECA) issued by the Ministry of Environment Conservation and Parks (MECP).

The Town’s current Site Alteration and Fill By-law excludes waste management in Section 4 recognizing that the Town has no jurisdiction:

 c)           The use, operation, establishment, alteration, enlargement or extension of a Waste management system or Waste disposal site within the meaning of Part V of the Environmental Protection Act, R.S.O. 1990, c.E.19, as amended; and…

The Town's By-law does not include any Town control or management of Liquid Waste for any purpose. It is noted that Excess Soil and Liquid Soil that is to be managed or are proposed to be deposited for beneficial reuse under the new proposed Site Alteration By-Law is not Waste disposal. 

Have other Municipalities incorporated wet fill into their By-law?

Yes, several surrounding Municipalities have updated their By-laws to reflect the Provincial Regulations (O.Reg 406/19) and include wet fill (liquid soil), such as Town of Whitchurch-Stouffville, Town of Scugog, Town of Innisfil, Township of King, Town of Georgina. Other Municipalities are in various stages of updating their By-laws to include the Provincial Regulations.

Are there active applications for wet fill?

The Town does not have any applications to import liquid soil/wet fill to any property, including existing fill sites that are permitted to import dry soil.

Staff propose to include provisions for wet fill in the proposed By-law, as it was not included in the current By-law, and to better align with O. Reg 406/19.

There is a private site in EG that is currently processing wet fill within an indoor facility under the approval of an Environmental Compliance Approval (ECA) under the Ministry of Environment, Conservation and Parks (MECP). The Town does not have jurisdiction or a fill management plan for sites under the oversight of the MECP.

Although the proposed By-law update provides the opportunity for the submission of an application to import/process wet fill (liquid soil) within the Town, the evaluation process mimics surrounding municipalities processes, which are rigorous and focus on environmental protection. As a final step, applicants must host a Public Information Meeting including public outreach, outlining their proposal and they must receive Council approval for their fill management plan and fill site before they are approved to proceed. 

Will the proposed By-law automatically allow wet fill onto existing fill sites?

No, the proposed By-law does not automatically allow wet fill to be imported into an existing fill site. If an existing fill site would like to import wet fill onto their site, they would be required to apply, provide the appropriate studies/reports, host a Public Information Session, and seek Council's approval.

What is the wet fill application process?

Town staff are proposing to follow the same process as other municipalities in Ontario for its application process. The proposed By-law amendment will require applicants to provide a Fill Management Plan specifically for liquid soil, which will detail their acceptance protocol for the material. This will be reviewed by the Town and our Peer Review Consultant to ensure compliance with Ministry of Environment, Conservation and Parks (MECP) standards and regulations, best management practices and industry standards.

Once all comments and concerns are addressed the applicant will be required to host a Public Information Meeting and seek approval from Council to allow the fill site to proceed.

What are the sources of wet fill?

Wet Fill (Liquid Soil) that is defined by Ontario Regulation 406/19 and mentioned in the Town By-law is predominately water saturated excess soil derived from such sources as hydro-vac trucks, tunnel and micro tunnel boring slurry, and geothermal drilling slurry. Typically, it is transported in waterproof vessels such as vac trucks or tanker trucks.

Hydro-vac trucks are specialized vehicles that use vacuum suction to excavate soil usually from places where conventional extraction is not practical such as tight spaces and close to sensitive structures such as buried utility lines (sewer, water, gas, electrical etc). Hydro-vac trucks use high pressure clean water from an on-board tank to help break up the soil and enhance vacuuming. The hydro-vac truck water pressure system requires the use of clean water.

Similar equipment used to empty septic tanks and clean out storm sewers is regulated under Ontario Regulation 347 for waste management and is not applicable to this discussion.

The contents of the hydro-vac truck container are dry soil from the excavation system mixed with clean water used to help with the vacuuming.  If the dry soil is clean and the added water is clean the liquid soil would be clean.

Why should the Town accept the use of wet fill?

As noted above, the beneficial reuse of Excess Soil (both dry and wet) is outlined in Ontario Regulation 406/19 and encouraged by Provincial policy for reuse and recycling.

The Town’s proposed Site Alteration and Fill By-law update considers the beneficial reuse of fill as dry excess soil and also considers the management of dry excess soil with added clean water making it a liquid excess soil.

The Town, developers and businesses within the Town use hydro-vac and other equipment such as boring machines and tunnelling equipment that generates wet fill from dry soil on a regular basis as part of their ongoing operations to efficiently excavate and complete work. The Town recognizes the need to manage and beneficially reuse this material. In some cases, it may involve the physical separation of the soil and water phases prior to disposal (dry soil and clean water) such as via a cyclone separator. In other cases, the placement of the liquid soil in a vessel or pond where it can settle and separate with each component managed separately.

Like the management of dry soil being used as fill, liquid soil management and final placement of fill requires control, environmental protection measures and oversight.

The proposed Town By-law and supporting Guidelines Manual outlines the requirements for any application for the beneficial reuse of dry excess soil as fill as well as liquid excess soil as fill.

In the case of any application for the beneficial reuse of excess liquid soil for filling, the By-law requires Public Consultation and Council approval.

By having fill sites that support dry and wet fill in close proximity to the source site, traffic is minimized. As a result, by having a number of facilities in close proximity, the number of trucks may increase, but total travel time may decrease thus reducing impacts. 

If the Town were to outright not allow wet fill within the Town, applicants and/or land owners could approach the Province to seek approvals through the Environmental Compliance Approval (ECA) process. The Town would not have any input throughout the ECA process. The ECA process would not require Council Approval, Town Staff input, or audit inspections by the Town. By including wet fill in the By-law, it requires applicants to apply through the Town, addressing Staff concerns, host a public meeting, and seek Council’s approval. Through the Town’s permit conditions, the Town can stipulate specific conditions the applicant must adhere to if they want to import wet fill. These conditions typically go above and beyond what the province requires.

Where would wet fill be dumped?

Wet fill can be dumped in one of two locations:

A) 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.

B) 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. 

How is wet fill managed at a receiving site?

There are two main ways to manage wet fill at a receiving site:

A) Indoor facilities, typically operating under a Ministry of Environment, Conservation and Parks (MECP) Environmental Compliance Approval (ECA). These facilities utilize centrifuges, presses, and other mechanical means to separate the soil and water. Other methods may include the addition of environmentally benign solidifying agents to create a dry soil. The dry soil would then be tested and shipped off to an appropriate receiving site.

B) Outdoors facilities, typically operating under a municipal permit. These facilities typically have concrete inspection cells and stockpiling cells to contain the liquid soil for inspection and sampling.  Upon receipt of the sampling results, the soil and liquid components would be shipped to an appropriate receiving site. In some cases, This could be at the same facility, provided the site has a fill permit. 

How is wet fill inspected?

In the event the Town receives an application for wet fill, the Town would be following industry standards and best practices for inspection of wet fill. Surrounding Municipalities have active wet fill sites, which will be used as examples on how these facilities should be operated.

In other Municipalities, wet fill sites utilize inspection cells, stockpiling cells and in some cases, drying cells. These cells are designed to contain this material so there is no leaching while the material sits in the cells.

Wet fill is first dumped in the inspection cell for the inspector to visually inspect and sample the material (fill and water). If the material passes a visual and olfactory inspection, the material will be tested on the spot for Volatile Organic Compounds (VOC). If the material passes, the material may remain on site within a stockpile cell. The water and soil sample would be then sent out to a laboratory for a full analysis of contaminants.

In the event the material does not pass the visual, olfactory or the VOC analysis, the material must be placed back in the vehicle it arrived in and removed off site.

Once the laboratory analysis of the water and soil samples are received, the final destination of the wet fill would be determined.  

How often would the Town audit sample a wet fill site?

If the site obtains a permit through the Town, the Town will follow best practices and industry standards in conjunction with recommendations from the Town's Environmental Consultant for an audit sampling schedule. The Town’s Environmental Consultant has vast experience with excess fill (dry and wet) from across Canada (primarily in Ontario). 

If the site is operating under an Environmental Compliance Approval (ECA) through the Ministry of Environment Conservation and Parks (MECP), the Town would not have jurisdiction over the operation. Audit sampling and inspections would be through the MECP.

Have any studies/assessments been completed for wet fill?

Specific studies would not be conducted at the By-law preparation stage as there is no site to evaluate or assess. The Ministry of Environment Conservation and Parks (MECP) has provided the regulations to support excess soil, including wet fill/liquid soil and thus have deemed acceptance from a public health, risk and environmental standpoint.

Due to the site-specific nature of a fill application, studies/reports related to importing wet fill would be best conducted when an application is received to import wet fill onto a site. The social, environmental and traffic impacts would be addressed at the site plan stage through the Fill Management Plan. This would ensure that the studies and reports reflect the applicant’s proposed site location, any site-specific constraints, their wet fill acceptance protocol, on site infrastructure, and the environmental features surrounding the site. Required studies and reports include, but are not limited to:

• Noise,
• Traffic Impact,
• Hydrogeological,
• Environmental Site Assessments,
• Geotechnical, 
• Oak Ridges Moraine Conservation Plan Conformity,
• Well Investigations, etc.

Why are Hydro-vac Trucks used?

Hydro-vac trucks utilize high-pressure water and vacuum systems to excavate, minimizing damage to underground utilities, Requiring smaller excavation size, and faster response times. When excavating close to underground utilities, contractors must either hand dig with a shovel, or use a hydro-vac truck. 

How much wet fill is in a hydro-vac truck load?

The typical Hydro-van truck load holds approx. 3 cubic meters of fill, with the remaining material being clean water used in the excavation process.

What are the benefits to allowing a hydro-vac 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.

What is the approval process to permit a hydro-vac receiving site? 

This would be the same process as an 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 (wet fill/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 Information Meeting and seek approval from Council.

Slurry derived from tunnelling or geothermal installation drilling is similar as clean water and sometimes environmentally acceptable additives are used to assist with the tunnel boring or drilling process. If the soil is clean and the water is clean the slurry will be clean.

Geothermal installation drilling involves small diameter shallow drilling for the installation of closed loop circulatory heat exchanger systems. All materials are environmentally safe. The generated excess dry and wet fill, which is typically clean, is removed from the site disposed at an appropriate location.

Due to the saturated physical nature of liquid excess soil, it is managed with additional regulatory requirements and constraints than dry excess soil. It is simply dry excess soil with added clean water to make it a saturated flowable material. The chemical quality of the liquid soil reflects the chemical quality of the dry soil.

What is in the wet fill generated from Geothermal installation and other drilling process?

The wet fill generated from tunneling, drilling, or geothermal installation comprises of 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 wet fill generated in these processes. Glycol would be used in the sealed pipes once construction is completed.

What is Bentonite?

Bentonite is a naturally occurring clay that is highly absorbent. It is used in construction as a natural lubricant to cool drilling heads for tunneling, drilling and geothermal installation. Bentonite is also used in household items, such as cat litter, cosmetics and medicine. 

What is the quality of fill being accepted?

All imported soil and fill material must meet 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. Because of this, Table 1 and Table 2 (residential and agricultural) material is permitted. Contaminated material is not permitted to be used as fill.

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

The MECP determines what is safe and what would impact health and the environment. The MECP has created O.Reg 406/19 to ensure all parties involved with excess soil (dry and wet) follow the same rules to ensure the environment and human health are protected. 

By including wet fill in the By-law, Town Staff, Council, and the public are provided with the opportunity to review applications and raise concerns. It also enables Staff to require applicants to submit studies reports, and to implement site-specific safeguards to ensure the protection of the environment (including groundwater and aquifers) and public health.

Surrounding municipalities have already implemented wet fill in their By-laws, and in some cases approved sites to import wet fill. If an application is received to import wet fill into the Town, the applicant will be required to follow industry best practices to ensure the environment is protected. 

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 a existing fill site. If an existing fill site would like to increase their daily truck traffic, the operator would be required to apply for the increase, and seek Councils approval.

To support their request, the applicant would be required to submit a Traffic Impact Study supporting the increase, and include 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 to the currently approved traffic volumes to existing sites. 

How are haul routes determined? 

Will traffic control cameras will be installed?