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.

No, the Town does not allow "waste fill" dry or liquid to be imported onto properties within East Gwillimbury. Waste fill, or liquid waste requires a Ministry of Environment, Conservation, and Parks 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 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.

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 their site, they would be required to apply, 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. By accepting it in the by-law, this allows the Town control over final placement of fill, environmental protection measures and oversight.

Alternatively, applicants could approach the Province to seek approval through the Environmental Compliance Approval (ECA) process. The ECA process would not require Council approval or Town input and audit inspections. Through the Town’s permit conditions, which typically 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.

• Completion of Draft By-law - Q1 2025 (completed February 2025)
• Memo to Council with Draft By-law and Presentation - Q2 2025 (completed April 15, 2025)
• Public Consultation - Q2 to Q4 2024 (completed via survey)
• Public Information Centre - Q4 2025 (completed October 22, 2025)
• Incorporate Feedback into Draft By-law - Q4 2025
• Report to Council for Consideration of Draft By-law - Q1 2026

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

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 10-business days 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 to extend their permit by advising 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 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. 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?

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 be installed?

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 Park’s Vehicle Emissions Enforcement Unit.