Resource Management: Changes in Aggregate Operations

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Ontario Regulation 262/23, filed on August 18, 2023, under the Aggregate Resources Act amends Ontario Regulation 244/97 and introduces several changes designed to improve the management and operational procedures for aggregate resource sites in Ontario. A key amendment is the inclusion of a definition for “scrap,” which now encompasses refuse, debris, scrap metal, lumber, and discarded machinery, equipment, and motor vehicles. This clarification aids in identifying materials considered waste within the context of aggregate operations.

The regulation outlines new criteria for amending site plans. For instance, it allows license holders to amend their site plans to permit the importation of materials such as concrete, asphalt, brick, glass, or ceramics for recycling, contingent upon meeting certain conditions. These conditions include obtaining confirmation from local municipalities regarding zoning by-laws, adhering to existing site plans for aggregate processing, and adhering to limitations on the quantity of imported materials, which cannot exceed 20,000 tonnes or 10 percent of the maximum annual aggregate removal quantity.

If processing areas are designated in the site plan, imported materials must be placed there; otherwise, they must be positioned outside designated setback or buffer areas. The regulation also prevents imported materials from being mixed with scrap and establishes proximity restrictions concerning bodies of water and groundwater tables.

The regulation details requirements for amending site plans related to the addition or relocation of entrances and exits, portable processing equipment, and portable concrete or asphalt plants. Operators must demonstrate compliance with local zoning by-laws, obtain necessary permissions, and ensure that new installations do not interfere with sensitive receptors or encroach on designated setback areas. Portable plants are specifically limited to locations supplying aggregates for public authority projects and must be removed once the project is completed.

The regulation addresses the addition or relocation of above-ground fuel storage tanks, imposing stringent requirements for their installation, maintenance, and placement to mitigate environmental risks. These tanks must not exceed a total storage volume of 5,000 liters and must comply with safety standards outlined in the Liquid Fuels Handling Code. Like other amendments, their placement must avoid vulnerable areas for drinking water protection and adhere to established distance requirements from water bodies and groundwater tables.

Ontario Regulation 262/23 aims to improve the regulatory process for aggregate resource management while ensuring that environmental protections are maintained.

Ontario (262/23) September 2, 2023