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O. Reg. 262/23: GENERAL
filed August 18, 2023 under Aggregate Resources Act, R.S.O. 1990, c. A.8
Skip to contentontario regulation 262/23
made under the
Aggregate Resources Act
Made: August 17, 2023
Filed: August 18, 2023
Published on e-Laws: August 18, 2023
Published in The Ontario Gazette: September 2, 2023
Amending O. Reg. 244/97
(GENERAL)
1. Subsection 0.1 (3) of Ontario Regulation 244/97 is amended by adding the following definition:
“scrap” includes refuse, debris, scrap metal, lumber and discarded machinery, equipment and motor vehicles. (“débris”)
2. Subsection 0.2 (4) of the Regulation is amended by striking out “August 2020” and substituting “August 2023”.
3. Subsection 0.5 (9) of the Regulation is amended by striking out “May 2021” and substituting “August 2023”.
4. Subsection 0.13 (2) of the Regulation is revoked.
5. Subsection 7.2 (1) of the Regulation is amended by adding the following paragraphs:
7. In the case of a licence, an amendment to a site plan to allow the importation of concrete, asphalt, brick, glass or ceramics for recycling, if the following requirements are satisfied:
i. Zoning by-laws for the site specifically allow the recycling of concrete, asphalt, brick, glass or ceramics at the site, or the local municipality has confirmed in writing that zoning by-laws allow the recycling of concrete, asphalt, brick, glass or ceramics, in which case, a copy of that confirmation is submitted to the Minister at the same time as the other documents required to be submitted to the Minister under subsection 7.4 (1).
ii. The site plan already includes a provision allowing the processing of aggregates, including crushing, screening or blending of aggregates, to occur at the site.
iii. If any processing areas are identified on the site plan, the imported concrete, asphalt, brick, glass or ceramics must be placed within those areas.
iv. If no processing areas are identified on the site plan, the imported concrete, asphalt, brick, glass or ceramics shall be placed at a location that is not a setback or buffer area identified on the site plan or an area protected by the setback or buffer, and the location of the materials shall be added to the site plan.
v. Provisions must be added to the site plan setting out the following requirements:
A. Any imported asphalt shall not be placed within 30 metres of any body of water or within 2 metres of the ground water table.
B. The imported concrete, asphalt, brick, glass or ceramics shall not be mixed with scrap.
C. There shall be no further importation of concrete, asphalt, brick, glass or ceramics for recycling once excavation on the site has completed.
D. The maximum amount of concrete, asphalt, brick, glass or ceramics imported for recycling that may be placed on the site at any given time shall be the lesser of 20,000 tonnes or 10 per cent of the maximum quantity of aggregate allowed to be removed from the site annually, and the amount of any recycled aggregate produced from the imported concrete, asphalt, brick, glass or ceramics that is removed from the site shall count toward the maximum quantity of aggregate allowed to be removed from the site annually.
8. An amendment to add or relocate an entrance or exit to the site, if the following requirements are satisfied:
i. Construction work must not occur within any setback or buffer area identified on the site plan or within an area protected by the setback or buffer, other than any setback or buffer area along the boundary of the site.
ii. If the proposed entrance or exit is on a private road, permission has been obtained in writing from the owner of the private road and is submitted to the Minister at the same time as the other documents required to be submitted to the Minister under subsection 7.4 (1).
iii. If the proposed entrance or exit is not on a private road, a copy of any approval by the local municipality, local roads board or Ministry of Transportation is submitted to the Minister at the same time as the other documents required to be submitted to the Minister under subsection 7.4 (1).
9. An amendment to allow the addition or relocation of portable processing equipment, if the following requirements are satisfied:
i. Zoning by-laws for the site specifically allow the use of the equipment as an accessory use, or the local municipality has confirmed in writing that zoning by-laws allow the use of the equipment, in which case, a copy of that confirmation is submitted to the Minister at the same time as the other documents required to be submitted to the Minister under subsection 7.4 (1).
ii. There is no sensitive receptor located within 150 metres of the boundary of the site.
iii. A provision must be added to the site plan requiring that the portable processing equipment not be located within 30 metres of the boundary of the site or within 90 metres of any part of the boundary of the site that abuts land that is used for residential purposes.
iv. If processing areas are identified on the site plan, the portable processing equipment must be located within any of those areas.
v. If no processing areas are identified on the site plan, the portable processing equipment shall be placed at a location that is not a setback or buffer area identified on the site plan or an area protected by the setback or buffer, and the location of the equipment shall be added to the site plan.
vi. If applicable, a copy of the environmental compliance approval required under the Environmental Protection Act in respect of the equipment is submitted to the Minister at the same time as the other documents required to be submitted to the Minister under subsection 7.4 (1).
10. An amendment to allow the addition or relocation of portable concrete or asphalt plants, if the following requirements are satisfied:
i. The site is supplying aggregate for a public authority project.
ii. A provision must be added to the site plan requiring that the portable concrete or asphalt plants be removed when the public authority project is completed.
iii. A provision must be added to the site plan requiring that the portable concrete or asphalt plants not be located within 30 metres of the boundary of the site or within 90 metres of any part of the boundary of the site that abuts land that is used for residential purposes.
iv. If any processing areas are identified on the site plan, the portable concrete or asphalt plants must be placed within those areas.
v. If no processing areas are identified on the site plan, the portable concrete or asphalt plants shall be placed at a location that is not a setback or buffer area identified on the site plan or an area protected by the setback or buffer, and the location of the plants shall be added to the site plan.
vi. The portable concrete or asphalt plants shall not be placed within a vulnerable area for the protection of drinking water sources where the handling and storage of fuel would be a significant drinking water threat within the meaning of the Clean Water Act, 2006.
vii. If applicable, a copy of the environmental compliance approval required under the Environmental Protection Act in respect of the plants is submitted to the Minister at the same time as the other documents required to be submitted to the Minister under subsection 7.4 (1).
11. An amendment to allow the addition or relocation of above-ground fuel storage tanks, if the following requirements are satisfied:
i. A provision is added to the site plan requiring fuel storage tanks to be installed and maintained in accordance with the Liquid Fuels Handling Code adopted as part of Ontario Regulation 217/01 (Liquid Fuels) under Ontario Regulation 223/01 (Codes and Standards Adopted by Reference) made under the Technical Standards and Safety Act, 2000.
ii. The total volume of fuel stored at the site must not exceed 5,000 litres.
iii. The specific location of fuel storage tanks is identified on the site plan.
iv. The storage tanks shall not be placed within a vulnerable area for the protection of drinking water sources where the handling and storage of fuel would be a significant drinking water threat within the meaning of the Clean Water Act, 2006.
v. Fuel storage tanks are not located within 30 metres of any body of water or within 2 metres of the groundwater table.
vi. Copies of any relevant approvals under any other Acts or regulations are submitted to the Minister at the same time as the other documents required to be submitted to the Minister under subsection 7.4 (1).
12. An amendment to allow the removal of portable processing equipment, portable concrete or asphalt plants or above-ground fuel storage tanks.
6. Clause 7.4 (1) (a) of the Regulation is amended by striking out “August 2020” and substituting “August 2023”.
Commencement
7. This Regulation comes into force on the day it is filed.