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THE CORPORATION OF THE TOWN OF GEORGINA
IN THE
REGIONAL MUNICIPALITY OF YORK
Bylaw Number 2026~0060 (REG~1)
BEING A BYLAW TO PROHIBIT OR REGULATE THE REMOVAL OF
TOPSOIL, THE PLACING OR DUMPING OF FILL MATERIAL AND THE
ALTERATION OF THE GRADE OF LAND IN ALL AREAS WITHIN THE
TOWN OF GEORGINA
Whereas the Council of The Corporation of the Town of Georgina may, pursuant to
Section 142 of the Municipal Act, 2001, S.0. 2001, c. 25, as amended, pass bylaws for
prohibiting or regulating the placing or dumping of fill of any kind and for prohibiting or
regulating the alteration of the grade of land in any area within the Town of Georgina;
And Whereas Council deems it in the public interest to regulate the dumping and
placing of fill and other site alterations in order to ensure that existing drainage patterns
are maintained and that any changes to existing drainage patterns are appropriate to
protect environmental features; to prevent the importation of hazardous material; and to
keep the disturbance of landform characteristics to a minimum within all areas of the
Town of Georgina;
And Whereas Section 23.2 of the Municipal Act, 2001, S.0. 2001, c. 25, as amended,
authorizes a municipality to delegate its powers to an officer, employee, or agency of a
municipality;
And Whereas Section 444(1) of the Municipal Act, 2001, S.0. 2001, c. 25, as
amended, permits a municipality, if satisfied that a contravention of a bylaw of the
municipality passed under the Municipal Act has occurred, to make an order requiring
the person who contravened the bylaw or who caused or permnitted the contravention, or
the owner or occupier of the land on which the contravention occurred, to discontinue
the contravening activity;
And Whereas Section 446 of the Municipal Act, 2001, S.0. 2001, c. 25, as amended,
gives a municipality the authority to direct or require a person to do a matter or thing.
The municipality may also provide that, in default of it being done by the person directed
or required to do it, the matter or thing shall be done at the person's expense by the
municipality, and the municipality may recover the costs of doing a matter or thing from
the person directed or required to do it by action or by adding the costs to the tax roll
and collecting them in the same manner as property taxes;
And Whereas Section 425 of the Municipal Act, 2001, S.0. 2001, c. 25, as amended,
permits a municipality to pass bylaws providing that any person who contravenes any
bylaw of the municipality passed under the Municipal Act is guilty of an offence;
And Whereas Section 426(4) of the of the Municipal Act, 2001, S.0. 2001, c. 25, as
amended, provides that any person that hinders or obstructs, or attempts to hinder or
obstruct, any person who is exercising or performing a duty under this bylaw created
under the Municipal Act is guilty of an offence;
Now Therefore the Council of The Corporation of the Town of Georgina hereby enacts
as follows:
Contents
This bylaw shall be composed of 13 parts containing the sections named below,
namely:
Citations
Definitions
General prohibitions and regulations
Exemptions
Requirements for issuance of a permit
Expiry, renewal, revocation and transfer of permits
Administration and enforcement
Refunds
Orders
Work undertaken by the Town
Offences and penalties
Severability and conflict
Interpretation and implementation
o o ~ o
m
A G N ~
uk ol h ouh
& N
>3 5
Schedules ~ Site Alteration Bylaw
Schedule A ~ Security Schedule ~ Site Alteration
Schedule B
~ Security Schedule ~ Lot Grading and Drainage (Residential)
Schedule C ~ Environmental Control Program
1.
Citations
1.1. This bylaw may be cited as the "Site Aiteration Bylaw" or the "Site Alteration and
Entrance Bylaw".
2.
Definitions
2.1
The following words in this bylaw shall have the meanings set out in this Section
2.1:
(a)
(b)
{c)
(d)
(e)
(f)
(g)
(h)
i)
(§)
"Agricultural Lands" means all lands that are used by a farming business
registered under the Farm Registration and Farm Organizations Funding Act,
1993, S.0. 1993, c.21, as amended, for the growing of crops, including
nursery and horticultural crops; the raising of livestock; the raising of other
animals for food, fur, fibre, including poultry and fish; aquaculture; apiaries;
agro~forestry; maple syrup production;
"Body of Water" means any body of flowing or standing water whether
naturally or artificially created;
.
"Clearing and Grubbing" means the removal of all surface objects, brush,
roots and other protruding obstructions, trees and stumps which result in the
removal of topsoil or the alteration of the grade of land;
"Conservation Authority" means the Lake Simcoe Region Conservation
Authority;
"Development" refers to the construction of buildings and above or
underground services such as roads, parking lots, paved storage areas,
watermains, storm and sanitary sewers, general grading works and similar
facilities on any lands within the municipality;
"Director" means the Director of Development Services of the Town of
Georgina, or their designate;
"Drainage" is the movement of water to a place of disposal or facilitation of
movement, whether by way of the natural characteristics of the ground
surface or an aquifer, or by an artificial method;
"Dump, Dumped, or Dumping" means the movement and depositing of fill in a
location other than where the fill was obtained and includes the movement
and depositing of fill from one location on a property to another location on
the same property;
"Fees and Charges Bylaw" refers to the bylaw which outlines the charges the
Town imposes for services or activities provided or carried out by the
municipality;
"Fill" means any type of material deposited or placed on lands and, without
limiting the generality of the foregoing, includes soil and liquid soil as defined
by Ontario Regulation 406/19, stone, concrete, construction materials/rubble,
asphalt, sod or turf, either singly or in combination thereof;
(k)
(1)
(m)
(n)
(0)
(P)
(q)
(r)
(s)
"Grade" shall be defined as follows:
(i)
"Existing Grade" means the elevation of the existing ground surface of
the lands upon which dumping and/or placing of fill is proposed and of
the abutting ground surface up to 3 metres wide surrounding such lands.
Except that where placing or dumping offill or alteration of the grade has
occurred in contravention of this bylaw, "existing grade" shall mean the
ground surface of the land as it existed prior to the placing or dumping of
fill or to any site alteration requiring a permit under this bylaw;
(ii)
"Finished Grade" means the approved elevation of ground surface of
land upon which fill has been placed in accordance with this bylaw; and,
(iti)
"Proposed Grade" means the proposed elevation of the ground surface
of land upon which fill is proposed to be placed;
"Inspector" means any Town employee authorized to enforce the bylaws of
the Town;
"Liquid Soil" means soil, crushed rock or soil mixed with rock or crushed rock,
where it 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 O.
Reg. 347;
"Municipal Services Fee" means a fee charged by the Town in order to
maintain municipal infrastructure;
"Normal Agricultural Practice" includes sod~farming, greenhouse operations
and nurseries for horticultural products, but does not include the sale,
exchange or other disposition of topsoil or peat;
"Ontario Land Surveyor" means the holder of a license issued by the
Association of Ontario Land Surveyors;
"Owner" includes the person registered as the owner on title to lands upon
which fill is proposed to be placed or dumped and any person, firm, or
corporation managing or controlling such lands;
"Peat" means the non~decayed or partially decayed organic deposits chiefly
from sphagnum moss and often accumulated in fens and bogs;
"Permit" means a permit issued by the Development Services Department,
upon review and approval of the Director or person authorized to issue said
permit, pursuant to the provisions of this bylaw;
(t)
"Place, Placed, or Placing" means the distribution of fill on lands to establish a
Finished Grade different than the Existing Grade;
(u)
"Ponding" means the accumulation of surface water in an area not having
drainage therefrom, where the lack of drainage is caused by the Placing or
Dumping of Fill or the alteration of the Grade;
(v)
"Professional Engineer" means a person who holds a license or a temporary
license to engage in the practice of professional engineering issued under the
Professional Engineers Act, R.S.0O. 1990, c. P.28;
{(w)
"Qualified Tree Consultant" means an arborist certified by the International
Society of Arboriculture who has a diploma {minimum) in arboriculture or
urban forestry;
{x)
"Rainfall" and/or "Snow Melt Event" means a period of 24 hours during which:
(i)
At least 5 mm of rainfall has fallen on the land upon which a Site
Alteration is taking place; or,
{ii)
The land upon which a Site Alteration is taking place is covered in snow,
and the temperature has consistently remained at or above 5 Celsius;
(y)
"Retaining Wall" means a wall made of concrete, concrete product or other
materials designed to contain and support fill which has a Finished Grade
higher than that of adjacent lands;
(z)
"Security" or "Security Deposit" means an amount given as collateral in the
form of cash, certified cheque, or Letter of Credit to ensure the fulfiliment of
the terms of a Permit or to cover the cost of repaitring damage to municipal
property caused as a result of work undertaken pursuant to the Permit;
(aa) "Site Alteration" means the Dumping of Fill, the removal of topsoil from land,
or the alteration of the Existing Grade of land by any means including Placing
Fill, Clearing and Grubbing, the compaction of Soil or the creation of
impervious surfaces, or any combination of these activities;
(bb) "Soil" means material as defined by Ontario Regulation 40619 and commonly
known as earth, topsoil, loam, compost, organics, peat, subsoil, clay, sand or
gravel or any combination thereof;
(cc) "Swale" means a shallow depression in the ground sloping to a place of
disposal for the purpose of providing a method of drainage of surface water;
3.1.
3.2.
3.3.
{dd) "Topsoil" means those horizons in a soil profile, commonly known as the "O"
and "A" horizons, containing organic material and includes deposits of
partially decomposed organic matter, such as peat, detritus and humus;
{ee) "Town" means The Corporation of the Town of Georgina;
{ff)
"Watercourse" means a natural or man~made channel or Swale in which
water flows, either continuously or intermittently with some degree of
regularity; and,
(gg) "Wetland" means land such as swamps, marsh, bog or fen not including land
that is being used for agricultural purposes and no longer exhibits wetland
characteristics that:
(i)
Is seasonally or permanently covered by shallow water or has the water
table close to or at the surface; and,
(i)
Has hydro~soils and vegetation dominated by hydrophilic or water~
tolerant plants.
General prohibitions and regulations
No person shall Place or Dump any Fiil, remove any Peat or Topsoil, or otherwise
alter the Grade of land by causing, permitting or performing any form of Site
Alteration involving the Placing or Dumping of more than 2,000 m' of Fill on land
within the Town. Site Alterations involving the Placing or Dumping of 2,000 m of
Fill or less shall be carried out in accordance with this bylaw, and shall not be
commenced until the Owner has received a Permit issued by the Director under
this bylaw.
No person shall Place or Dump any Fill or alter any Grade on any land within the
Town for which approval has been issued by Transport Canada for an aerodrome
to be constructed or altered in accordance with the provisions of the Canadian
Aviation Regulations until a Permit has been issued pursuant to this bylaw. Site
Alterations as permitted herein shall be carried out in accordance with the said
Permit and this bylaw, and may, notwithstanding Section 3.1, involve the Placing
or Dumping of fill in excess of 2,000 m'.
No person shall Place or Dump any Fill or alter any Grade on any land zoned for
environmental protection or open space purposes pursuant to applicable zoning
bylaws, or within or adjacent to a watercourse, flood plain, wetland or other such
regulated areas pursuant to Section 28 of the Conservation Authorities Act, R.S.O.
1990, c. C.27, as amended, unless approval therefore has been issued by the
Conservation Authority and a Permit has been issued pursuant to this bylaw.
3.4.
3.5.
3.6.
3.7.
3.8.
3.9.
No person shall Place or Dump any Fill or otherwise alter the Grade of land by
causing, permitting or performing any form of Site Alteration on land within the
Town except in accordance with applicable zoning bylaws, the Greenbelt Plan, and
the Lake Simcoe Source Protection Plan.
No person shall fail to comply with an order issued pursuant to this bylaw.
No person shall cause, permit or perform a Site Alteration on lands that are subject
to an approved site plan, draft plan of subdivision or a consent under Sections 41,
51 or 53 respectively of the Planning Act, R.S.0. 1990, c. P.13, as amended,
without a site plan agreement, pre~servicing agreement, subdivision agreement or
consent agreement entered into under those sections.
No person shall Place or Dump any Fill, remove any Peat or Topsoil, or otherwise
alter the Grade of land by causing, permitting or performing any form of Site
Alteration which would interfere with the existing drainage pattern of adjacent
lands, or cause obstruction to existing drainage flows or obstruct or impede the
function or flow of existing drainage Swales or cause additional surface and
ground waters to be discharged onto adjacent lands.
No person shall Place or Dump any Fill, remove any Peat or Topsoil, or ctherwise
alter the Grade of land by causing or permitting or performing any form of Site
Alteration which would cause surface drainage to flow, discharge or be directed
onto adjacent lands other than directly into a natural Watercourse, or any approved
Municipal, Regional, or Provincial drainage system.
No person, in the performance of a Site Alteration, shall injure or destroy a
municipal tree or other tree which is subject to tree protection measures as a
condition of a Permit issued under this bylaw except to the extent that such injury
or destruction is specifically authorized in writing in accordance with the provisions
of this bylaw and any other applicable bylaws of the Town or The Regional
Municipality of York for the protection of trees.
3.10.Notwithstanding anything else contained in this bylaw except for Section 4, no
person shall cause, permit or perform a Site Alteration on any lands which were
previously licensed or permitted and used as a pit or quarry under the Aggregate
Resources Act, R.S.0. 1990, c. A.8, as amended (or any predecessor legislation
thereof), or otherwise, whether such lands have been rehabilitated or not.
3.11.No person shall Place or Dump fill or cause or permit Fill to be placed or dumped
unless such Fill complies with Ministry of the Environment, Conservation and Parks
{(MECP) Standards for clean Fill, as described in Section 5.2 (g) of this bylaw.
3.12.No person shall undertake a Site Alteration or cause a Site Alteration to occur on
any land for storage purposes unless the outside storage of Fill (where the Site
Alteration involves Fill) on the land is permitted by the municipal Zoning Bylaw and
such storage shall not exceed one thousand (1,000) cubic metres.
3.13.No person shall perform a Site Alteration or permit the performance of a Site
Alteration:
'
(a)
(b)
{c)
Between the hours of 8:00 p.m. and 7:00 a.m., Monday to Saturday;
At any time on Sundays and Statutory Holidays; and,
During or within twenty~four (24) hours of the occurrence of a Rainfall and/or
Snow Melt Event.
3.14.No person shall Place or Dump any quantity of Liquid Soil without a Permit, and
such Placing or Dumping must be in compliance with 0. Reg. 406/19.
4.
Exemptions
4.1. This bylaw is not applicable to the following:
(a)
(b)
{c)
(d)
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.0. 1990, c. E.19, as amended, or
a waste, waste disposal or waste management system that is exempted by
regulation from said Part V;
The construction, extension, alteration, maintenance or operation of works
under Section 26 of the Public Transportation and Highway Improvement Act,
R.S.O0. 1990, c. P.50, as amended;
Emergency measures taken by the Town or The Regional Municipality of
York or any other Federal, Provincial or Regional agency, to prevent flooding,
erosion, slipping of soil or damage to trees;
The activities of the Town, The Regional Municipality of York or the
Conservation Authority related but not limited to the establishment or
maintenance of utilities and services, roads, bridges, flood and erosion control
facilities, walkways, bicycle paths, fences, retaining walls, steps and lighting:
The Placing or Dumping of Fill, removal of Topsoil or alteration of the Grade
of land as a condition to the approval of a site plan, a plan of subdivision or a
consent under Sections 41, 51 or 53, respectively of the Planning Act, R.S.O.
1990, c. P.13, as amended, or as a requirement of a site plan agreement or
subdivision agreement entered into under those sections;
The Placing or Dumping of Fill, removal of topsoil or alteration of the Grade of
land as a condition to a development permit authorized by regulation made
(g)
(h)
(i)
(1)
(k)
(1)
under Section 70.2 of the Planning Act, R.S.O0. 1990, c. P.13, as amended, or
as a requirement of an agreement entered into under that regulation;
Aggregate, as defined in the Aggregate Resources Act, R.S.O0. 1990, c. A.8,
as amended, brought onto a pit or quarry operating under a license or
wayside permit issued under that Act as part of the operations of that pit or
quarry;
The Placing or Dumping of Fill, removal of Topsoil or alteration of the Grade
of land undertaken on land described in a license for a pit or quarry or a
permit for a wayside pit or wayside quarry issued under the Aggregate
Resources Act, R.S.0. 1990, c. A.8, as amended;
. Any rehabititation or filling activity in a pit or quarry licensed under the
Aggregate Resources Act, R.S.O0. 1990, c. A.8, as amended, and specifically
addressed on the approved site plan when there is insufficient overburden
retained to rehabilitate such pit or quarry in accordance with that Act;
The removal of Topsoil ffrom Agricultural Lands incidental to a Normal
Agricultural Practice including such removal as an incidental part of sod~
farming, greenhouse operations and nurseries for horticultural products. This
exception does not include the removal of Topsoil for sale, exchange or other
disposition; or,
Fill being placed on lands shown in a grading and drainage plan approved by
the Town in conjunction with subdivision or site plan approvals, provided the
provisions of such approvalis relating to Fill are adhered to and all
requirements set forth in this bylaw concerning said Fill placement and
grading are met.
Notwithstanding any other provision of this bylaw, a Site Alteration Permit
may not be required if associated with the construction of a building regulated
under Part 9 of the Ontario Building Code, where such works are undertaken
in accordance with the requirements of Section 9.14 of the Ontario Building
Code and are subject to review and approval by the Town's Building Division
and Development Engineering Division. This exemption shall only apply
where:
(i)
The grading and drainage works do not result in ponding or the
accumulation of water adjacent to any building or structure;
(i)
Drainage is maintained such that runoff does not adversely affect
neighbouring properties, municipal infrastructure, or the natural
environment;
(iii)
The works do not alter existing grades and drainage patterns in a
manner that creates a nuisance, hazard, or drainage deficiency; and,
{iv)
The Director or designate determines that the proposed works comply
with the intent of this bylaw.
4.2. With the exception of Liquid Soil, no Permit is required for:
5.
(a)
(b)
(c)
(d)
(e)
(f)
The Placing or Dumping of Soil on lands for the purpose of lawn dressing,
landscaping or adding to flower beds or vegetable gardens, provided that the
ground elevation of the lands is not increased by more than fifteen (15)
centimetres and there is no significant change in the direction or rate of
drainage to neighbouring properties. Such alteration shall not take place
within sixty (60) centimetres of any property line. Such Placing of Fill shall not
exceed twenty (20) cubic metres per year;
The resurfacing or paving of existing driveways where there is no alteration to
the existing driveway base and no significant change in the direction or rate of
drainage to neighbouring properties. Such Placing of Fill shall not exceed
twenty (20) cubic metres per year;
The Placing or Dumping of Fill in an excavation to the elevation of Existing
Grade following the demolition or removal of a building or structure for which
a building permit has been issued;
Fill being Placed or Dumped on lands for the purpose of flood or erosion
control to establish Finished Grade shown on a grading and drainage plan
approved by the Conservation Authority or by the Director in conjunction with
a subdivision approval;
Site Alteration involving an amount of Soil of less than twenty (20) cubic
metres on a lot within any one year period, provided that there is no
significant change in the direction or rate of drainage to neighbouring
properties, and unless the site includes oris adjacent to a body of water.
Such alteration shall not take place within sixty (60) centimetres of any
property line; or,
Replacement of Topsoil for restoration of Agricultural Lands used for Normal
Agricultural Practices as an incidental part of sod~farming, greenhouse
operations, and nurseries for horticultural practices which does not exceed 20
centimeters annually, or at the discretion of the Director. Storage of such
Topsoil shall not exceed one thousand (1,000) cubic metres.
Requirements for issuance of a permit
5.1. An Owner applying for a Permit shall provide the following:
10
(a)
(b)
(c)
(d)~
(e)
(f)
The name and address of the Owner of the land upon which the Fill is to be
Dumped or Placed and the name and address of the Owner of the land from
which the Fill is being removed;
The municipal address of the land upon which the Fill is to be Dumped or
Placed;
The legal description of the land upon which the Fill is to be Dumped or
Placed;
Payment of the applicable fees and security deposit, as prescribed in this
bylaw or the Town's Fees and Charges Bylaw, and provision of a detailed
cost estimate for the proposed work by the Owner or the Owner's consultant;
A scaled drawing of any Retaining Wall that may be required and a
description, including dimensions, of any materials to be used in the
construction of such Retaining Wall;
A Site Alteration/grading plan satisfactory to the Director, accurately indicating
the following:
(i)
The property lines of the lands for the Site Alteration with dimensions;
(ii)
For Site Alterations of two hundred and fifty (250) cubic metres or less,
existing spot elevations on three (3) metre grids across the lands and
three (3) metres beyond the property lines to clearly show the existing
drainage patterns on the lands and on the abutting lands; and for Site
Alterations greater than two hundred and fifty (250) cubic metres, a site
plan including a topographic survey at one metre contour intervals
certified by a Professional Engineer or Ontario Land Surveyor defining
all material and manmade features, including top and bottom of slopes,
drainage patterns, tree lines, buildings, and stockpiles on the lands and
within thirty (30) metres on abutting lands and water bodies; and a
description of the type, quantity and location of natural land cover
features on the site and within thirty (30) metres on adjacent lands;
(iii)
All existing storm sewers, ditches, Swales, creeks, watercourses and
wetlands on the lands and on abutting lands and public highways;
{iv)
All existing buildings, the species and size in caliper of all trees, the
location of all shrubs and driveways on the lands, and the location of all
easements and rights~of~way over, under, across or through the lands;
(v)
Proposed Grades and drainage systems upon completion of the Site
Alteration;
11
5.2.
(g)
(h)
{vi)
Detailed hydrogeological analysis and report, including all design
calculations, prepared by a qualified Professional Engineer for the
design and construction of soak away pits/dry wells;
{vii) All proposed ground covering to be used upon completion of the Site
Alteration; and,
{viii) All erosion, sediment and tree protection measures for the Site
Alteration;
A description of the proposed Site Alteration, including a description of the
source of the Fill and a letter from the party from whom the Fill was acquired
attesting that the Fill meets the requirements for clean Fill set out in Sections
5.2 (q) of this bylaw (if applicable), the quantity of the Fill expressed in cubic
metres, and contact information for the party from whom the Fill was
acquired; and,
Copies of all approvals from (including but not limited to) the Lake Simcoe
Region Conservation Authority, Ministry of Transportation, Ministry of Natural
Resources and Forestry, and Regional Municipality of York.
Where more than 250
of Fill is being Dumped or Placed, the Owner shall
provide the information set out in Section 5.1 and enter into an agreement with the
Town, approved by the Director, wherein the Owner agrees to the following:
(a)
To retain a qualified Professional Engineer or environmental consultant
approved by the Director who is responsible for ensuring that the Site
Alteration is in accordance with reasonable engineering and environmental
practices; is in accordance with the protocol attached as Schedule C to this
bylaw; is in accordance with the plans submitted for the Permit; and is in
accordance with Section 6.6 of this bylaw;
To undertake the Site Alteration in accordance with subsection (a) above;
To require the environmental consultant to report in writing on a regular basis
that the Placing and Dumping of Fill is in accordance with subsection (a)
above;
To require the environmental consultant to provide a report upon completion
of the project or at the expiration of the Permit, which includes a topographic
'as~constructed' survey certified by a Professional Engineer or Ontario Land
Surveyor confirming that the volume of Fill material placed on the property is
in accordance with the requirements of the Permit;
12
(e)
To require that the Site Afteration be completed by a specified date;
(f)
Not to contaminate the natural environment and to abide by all applicable
environmental laws and regulations;
(g)
To ensure that all Fill used does not contain any putrescible material and
meets the following criteria (as applicable):
(i)
Rock, including demolition debris such as domestic brick and concrete
that does not contain cement fines, exposed rebar, paint or coatings,
decomposable materials, plastic, asphalt, petroleum products,
hydrocarbon materials and any putrescible organic materials;
{ii)
Soil meeting the standards outlined in Ontario Regulation 406/19;
(iil)
Liquid Soil meeting the standards outlined in Ontario Regulation 406/19;
and,
(iv)
Topsoil, sod and turf materials to be stockpiled for use as final cover
only;
(h)
To provide a report from the qualified Professional Engineer or environmental
consultant referred to in subsection (a) that he/she is satisfied that the Placing
or Dumping will not result in:
(i)
Soil erosion;
(ii)
Blockage of a watercourse;
(iii)
Siltation in a watercourse;
{iv)
Pollution of a watercourse;
{v)
Flooding or ponding on adjacent lands;
{vi)
Flooding or ponding caused by a watercourse overflowing its banks;
(vil) A detrimental effect on any trees of a caliper of seventy~five (75)
millimetres or more located on the lands;
(vill) A detrimental effect on matters of inhnerent biological sensitivity such as
aquifer recharge, water quality, unusual plants or wildlife and
overwintering habitats;
{ix)
Unauthorized injury or destruction of municipal trees or other trees
13
5.3.
(k)
(1)
(m)
{n)
{0}
(p)
(q)
protected under bylaws of the Town or The Regional Municipality of
York; or,
(x)
Injury or destruction of other trees, which in the opinion of the Director
could reasonably be avoided;
To provide security to be used to remedy any breach of this bylaw or the
agreement, and to indemnify the Town from any liability, costs, damages or
losses incurred directly or indirectly in connection with the issuance of a
Permit;
To notify an inspector in writing within forty~eight (48) hours of commencing
any work;
To notify an inspector in writing of the completion of any erosion control
measures within fourteen (14) days after their installation;
To obtain the permission of the Director in writing prior to modifying the Site
Alteration plan;
To inspect the control measures at least once a week and after each Rainfall
and/or Snow Melt Event and to make any necessary repairs;
To install all tree protection measures required by the approved Site Alteration
plan prior to commencing any work and to maintain these tree protection
measures throughout the entire duration of the work;
To ensure that all Fill meets the standards outlined in Ontario Regulation
406/19 for any current land use and any future land use of the land
designated under an Official Plan or amendment to an Official Plan approved
by the Council of the Town;
To install and maintain the erosion and sediment control measures identified
in the approved Site Alteration plan and the latest Conservation Authority
guidelines for erosion measures;
To install temporary signage in accordance with Ministry of Transportation
Book 7 regulations on all roadways immediately adjacent to the site where Fill
is being Dumped or Placed; and,
To ensure that no mud is tracked onto municipal roadways and that these
roadways are not damaged as a result of the Site Alteration.
The Director shall issue a Permit when the applicant has fulfilled all requirements
of Section 5.1 of this bylaw and, if required by Section 5.2, entered into the
agreement referred to in Section 5.2.
14
5.4.
5.5.
5.6.
5.7.
5.8.
Where a Permit has been issued under this bylaw authorizing a Site Alteration, no
person shall Place or Dump Fill except in accordance with: (i) the plans,
documents and any other information required for the issuance of the Permit; (ii)
the agreement entered into with the Town; and (iii) this bylaw.
The Town may draw on the security required pursuant to Section 5.1 (d) in order to
remedy any breach of the provisions of this bylaw, the conditions imposed on the
Permit by the Director, or any other obligation of the Owner relating to the Permit,
and, without limiting the generality of the foregoing, such security may be used to
return the land to a condition satisfactory to the Director and to pay any
outstanding amounts owed by the Owner that relate to the Permit, including any
amounts owed pursuant to Section 5.2 of this bylaw.
Where the Director deems it necessary to have Fill inspected or analyzed to
ensure compliance with Ontario Regulation 406/19, a third~party geotechnical
consultant may be hired by the Town at the expense of the Owner to provide all
necessary inspections, analysis and reports.
Where more than 2,000 m* of fill is being dumped or placed, the terms of the
agreement referred to in Section 5.2 of this bylaw shall require the approval of the
Director and the Council of the Town.
A Lot Grading and Drainage Permit shall be required for the following works on
residential properties where no more than 50 m* of fill is imported (including for
driveways and septic systems):
'
{a)
Construction of a principal building, septic system, or accessory structure;
{(b)
Construction of an addition to a principal building or accessory structure;
(c)
Foundation repair or replacement, house raising, or construction of a new
foundation for an existing building:;
(d)
Construction of an in~ground swimming pool; and,
(e)
Any other work identified by the Director that may alter existing drainage
pattems or grades on a property.
(f)
Notwithstanding clauses (a) to (e) above, the Director may exempt an Owner
from the requirement to obtain a Lot Grading and Drainage Permit where the
Owner demonstrates, to the satisfaction of the Director, that the proposed
works will not result in any alteration to existing grades, changes to drainage
patterns, or increases in stormwater runoff that may adversely affect
neighbouring properties. Where an exemption is granted, the Owner shall be
subject to the applicable Site Alteration Review fee as prescribed in the
15
5.9.
6.1.
6.2.
6.3.
6.4.
Town's Fees and Charges Bylaw, and no security deposit shall be required.
An Entrance Permit shall be required for the construction, alteration, or removal of
a private entrance, driveway connection, or any other works within the municipal
right~of~way where such works are not otherwise reviewed and authorized through
a Lot Grading and Drainage Permit involving site alteration or the importation of fill.
In addition:
(a)
The Director may determine whether the works are to be reviewed under this
bylaw through a Lot Grading and Drainage Permit or under a separate
Entrance Permit, based on the nature and extent of the proposed works;
(b)
All works within the municipal right~of~way shall be constructed in accordance
with Town Engineering standards and to the satisfaction of the Director. No
works within the municipal right~of~way shall proceed unless the required
permit has been issued; and,
(c)
~All applicable fees, securities, and requirements associated with an Entrance
Permit shall be as prescribed in this bylaw and the Town's Fees and Charges
Bylaw.
Expiry, renewali, revocation, and transfer of permits
A Permit issued pursuant to Section 5.3 shall be valid for a period of one (1) year
from the date of issuance, but shall expire after six (6) months from the date of
issuance if work has not been commenced by that date.
A Permit which is no longer valid or which has expired pursuant to Section 6.1 may
be renewed within a six (6) month period following the date of expiry upon written
application to the Director accompanied by a payment of one half of the original
Permit fee, provided that the previously permitted work has not been revised. The
written request/application shall include a report prepared by the environmental
consultant and a topographic 'as~built' survey certified by a Professional Engineer
or Ontario Land Surveyor, confirming the volume of Fill placed on the site at the
time of renewal.
A Permit may be cancelled upon written request provided by the Owner or a
person authorized in writing by the Owner to the Director.
A site inspection will be
conducted to ensure that no work has commenced and that the site is in an
acceptable condition, and at the discretion of the Director, a refund of the deposit
less the applicable administration fee may be issued.
Where Fill quantities have been placed which exceed the amount specified in the
Permit, the Owner will be deemed to be in contravention of the Permit and will be
required to remove all Fill placed in contravention of the Permit unless a revised
16
6.5.
6.6.
6.7.
application is provided pursuant to Section 5 of this bylaw and approved by the
Director, including payment of all applicable fees as set out in the Town's Fees and
Charges Bylaw.
If title to the land for which a Permit has been issued is transferred while the Permit
remains in effect, the Permnit shall be cancelled, with such canceliation to be
effective on the transfer date, unless the new Owner, within thirty (30) days of the
transfer:
(a)
Provides the Town with an undertaking agreeing to comply with all conditions
under which the Permit was issued; or,
(b)
Applies for and obtains a new Permit in accordance with the provisions of this
bylaw.
Every person who undertakes a Site Alteration or causes a Site Alteration to occur
shall:
-
(a)
Ensure that the Finished Grade surface is protected by sod, turf, seeding for
grass, greenery, asphalt, concrete or such other provisions as are shown on
the approved plans;
{b)
Ensure that no trench in which piping is laid forming part of the drainage
system is covered and backfilled until the work has been inspected and
approved by the qualified engineer or environmental consultant referred to in
Section 5;
(c)
Provide such protection for trees on the Site Alteration plan as may be
required by the qualified engineer or environmental consultant referred to in
Section 5;
(d)
Ensure that all Fill used is clean and free of rubbish, glass, garbage, termites,
organic materials, liquid and toxic chemicals and other contaminants including
in accordance with the standards set out in Ontario Regulation 406/19; and,
(e)
Ensure that Fill is Placed or Dumped, and any Retaining Wall containing such
Fill is erected, in such a manner that no ponding is caused on abutting lands
and that adequate provision is made to properly manage all surface
stormwater drainage.
The Director may revoke the Permit and require that all work on the site shall
cease for any of the following reasons:
(a)
The Permit was obtained on mistaken, false or incorrect information;
17
6.8.
7.1.
7.2.
7.3.
7 A4A.
7.5.
8.1.
(b)
The Permit was issued in error;
{c)
The Owner or Permit holder requests, in writing, that it be revoked;
{d)
The terms of an agreement under this bylaw have not been complied with;
{e)
Work authorized under the Permit has not commenced prior to its expiry date;
and,
(f)
The Owner has failed to comply with the provisions of this bylaw.
The administration and enforcement of this bylaw shall be performed by the
Director, by persons authorized by the Director, and by such municipal law
enforcement officers of the Town as may be appointed by the Council of the Town.
Administration and enforcement
Employees of the Town's Development Services Department and any employees
that are otherwise authorized to enforce the bylaws of the Town are appointed as
inspectors for all purposes of this bylaw.
Inspectors may, at any reasonable time, enter and inspect any land to determine
whether the provisions of this bylaw or a condition of a Permit issued under this
bylaw have been complied with. This power of entry does not allow the inspector to
enter any building.
Upon completion of the work pursuant to a Permit, the Owner and/or Permit holder
shall so advise the Director.
No person shall obstruct an inspector who is carrying out an inspection pursuant to
this bylaw.
Subject to Section 13.3, this bylaw shall apply to all Site Alterations, including the
Placing and Dumping of Fill, on all lands within the Town, whether such activity
occurred prior or subsequent to July 1, 2026.
Refunds
Should an applicant who withdraws an application submitted pursuant to this bylaw
desire a refund of the application fee paid for that application, such applicant must
submit a refund request in writing to the Director or designate, which request may
be considered in accordance with the following:
(a)
Up to 90% of the application fee may be refunded where a Site Alteration and
Entrance Permit application is withdrawn by the applicant within ten (10) days
of the application being deemed complete and prior to the commencement of
18
8.2.
8.3.
9.1.
9.2.
technical review;
(b)
Up to 50% of the application fee may be refunded where the application is
withdrawn by the applicant after technical review has commenced but prior to
issuance of the Site Alteration and Entrance permit;
(c)
No refund shall be provided after issuance of a Site Alteration and Entrance
Permit or if the Permit has been revoked; and,
(d)
In the case of a Site Alteration and Entrance Permit application considered
incomplete, abandoned or expired, as determined by the Manager of
Development Engineering, no refund will be provided.
Security deposits shall be released in accordance with the applicable provisions of
this bylaw and are separate from application fee refunds.
Notwithstanding the above, the Director or designate may vary or refuse a refund
having regard to the status of the application, the amount of work completed by the
Town, costs incurred, and any other relevant considerations.
Orders
If after inspection, an inspector is satisfied that a contravention of this bylaw has
occurred, the inspector shall notify the Owner and the Permit holder of the
particulars by serving each of them with a "Notice of Contravention" and/or an
"Order to Comply" pursuant to Section 444(1) or 445(1) of the Municipal Act, 2001,
$.0. 2001, c. 25, as amended, and shall provide all occupants with a copy of the
Notice and/or Order. Such Notice and/or Order shail contain:
(a)
The municipal address and the legal description of the land;
(b)
Reasonable particulars of the contravention; and,
(c}
The period within which there must be compliance.
The Director or an inspector, by a written Notice of Contravention and/or an Order
to Comply pursuant to Section 444(1) or 445(1) of the Municipal Act, 2001, S.0.
2001, c. 25, as amended, may require any person who has altered the Grade of
land, or who has caused or permitted the Grade to be altered, contrary to the
provisions of this bylaw, or who has Placed or Dumped Fill, or who has caused or
permitted Fill to be Placed or Dumped, or who has caused or permitted any other
form of Site Alteration contrary to the provisions of this bylaw:
(a)
To cease all work in respect of the Site Alteration;
(b)
To remove the Fill;
(c)
To fill in any excavations or ponds; and/or
(d)
To do all work necessary to:
19
9.3.
9.4.
9.5.
9.6.
9.7.
9.8.
(i)
Eliminate any hazard resulting from the alteration of the Grade or the
Dumping or Placing of Fill and to restore the land to a condition of
safety;
(ii)
Preserve the land pending fulfilliment of all requirements outlined in
Sections 5.1 and 5.2 of this bylaw for the issuance of a Permit; and,
(iii)
Restore the land to its former condition prior to the alteration of the
Grade of the land, the Placing or Dumping of the Fill on the land, or any
other Site Alteration.
'
The Notice and/or Order referred to in Sections 9.1 and 9.2 shall also contain:
(a)
The time frame in which the work specified thereon must be carried out; and,
(b)
A notice stating that if the work is not done in compliance with the Notice
and/or Order within the period it specifies, the Town may have the work done
at the expense of the Owner.
An Owner who has received a Notice of Contravention and/or an Order to Comply
shall comply with same within the time frame specified in the Notice or Order;
otherwise, the Director may draw on the financial security as required in order to
achieve such compliance.
A Notice of Contravention or Orderto Comply issued pursuant to this bylaw shall
be served personally or by prepaid registered mail or in accordance with Section
9.7.
A Notice of Contravention or Order to Comply issued pursuant to this bylaw sent
by prepaid registered mail shall be sent to the last known address(es) of the Owner
and Permit holder.
An inspector who is unable to effect service pursuant to Section 9.1 of this bylaw
shall place a placard containing the terms of the "Notice of Contravention" or
"Order to Comply" in a conspicuous place on the property, and the placing of the
placard shall be deemed to be sufficient service of the "Notice of Contravention" or
"Orderto Comply" on the Owner and Permit holder.
If the Owner or Permit holder fails to do the work required by the "Notice of
Contravention" or "Order to Comply" within the period it specifies, the Town, in
addition to all other remedies it may have, may do the work and for this purpose
may enter on the land with its employees and agents. The costs incurred by the
Town in so doing shall be paid by the Owner and may be recovered by the Town in
like manner as taxes and/or by drawing on the security provided.
20
10.
Work undertaken by the Town
10.1.1If the work required by a Notice or Order under Section 9 of this bylaw is not done
within the specified time period, the Town, in addition to all other remedies it may
have, may do the work at the Owner's expense and may enter upon the land, at
any reasonable time, for this purpose in accordance with the provisions of the
Municipal Act, 2001, S$.0. 2001, c. 25, as amended.
11.
Offences and penalties
11.1.Any person other than a corporation who contravenes the provisions of this bylaw,
the terms or conditions of a Permit issued pursuant to this bylaw, or an order
issued pursuant to this bylaw and Section 444(1) or 445(1) of the Municipal Act,
2001, $.0. 2001, c. 25, as amended, is guilty of an offence and, upon conviction,
is liable:
{a)
On a first conviction, to a fine of not more than $10,000.00 for each day or
part of a day on which the offence occurs or continues to occur; and,
(b)
~On any subsequent conviction to a fine of not more than $25,000.00 for each
day or part of a day on which the offence occurs or continues to occur.
11.2.A corporation that contravenes any provision of this bylaw, the terms or conditions
of a Permit issued pursuant to this bylaw, or an order issued pursuant to this bylaw
and Section 444(1) or 445(1) of the Municipal Act, 2001, S.0. 2001, c. 25, as
amended, is guilty of an offence and on conviction is liable:
(a)
On a first conviction, to a fine of not more than $50,000.00 for each day or
part of a day on which the offence occurs or continues to occur; and,
(b)
On any subsequent conviction to a fine of not more than $100,000.00 for
_ each day or part of a day on which the offence occurs or continues to occur.
11.3.If a person is convicted of an offence for contravening an order to stop the injury or
destruction of trees, the court in which the conviction has been entered, or any
court of competent jurisdiction thereafter, may order the person to rehabilitate the
land or plant or replant trees in such manner and within such period as the court
considers appropriate, including any silvicultural treatment necessary to re~
establish the trees.
11.4.f Site Alteration is undertaken in contravention of this bylaw, all applicable site
alteration, entrance, and residential lot grading drainage fees, as prescribed in the
Town's Fees and Charges Bylaw, shall be doubled.
21
12.
Severability and conflict
12.1.Should a court of competent jurisdiction declare any provision of this bylaw to be
invalid or of no force and effect, the provision is deemed severable from this bylaw
and it is the intention of the Council of the Town that the remainder of this bylaw
shall survive and be applied and enforced in accordance with its terms to the
extent possible under the law.
12.2.Where the provisions of this bylaw conflict with the provisions of any other bylaw or
Act, the more restrictive provisions shall apply.
13.
Interpretation and implementation
13.1.Schedules A, B and C attached hereto shall form part of this bylaw.
13.2.This bylaw replaces Bylaw 2022~0038 (REG~1), as amended, for any Site
Alteration application submitted from and after July 1, 2026.
13.3.For any Site Alteration application submitted, Permit issued or agreement entered
into prior to July 1, 2026, the provisions of Bylaw 2022~0038 (REG~1), as
amended, shall continue to apply, including to any acts, omissions, occurrences
and offences that took place prior to the passing of this bylaw.
13.4.This bylaw comes into full force and effect on the 1°' day of July, 2026.
Read and enacted this 17 day of June, 2026.
22
Schedule A
Security Schedule ~ Site Alteration
Description
Security Deposit
Fill placement of 250 cubic metres or less
$2,500.00
Fill placement greater than 250 cubic metres up to
$10,000.00
2,000 cubic metres
Fill placement greater than 2,000 cubic metres
$25,000.00
+ amount equal to the
municipal services fee
contained in the Town's
Fees and Charges Bylaw
The Town may engage legal, engineering, hydrology, environmental, arborists,
landscape or any other consultant the Director deems necessary in order to evaluate
studies and/or agreemenits, in which case the costs incurred for such evaluations shall
be charged back to the applicant plus a 15% administration charge.
23
Schedule B
Security Schedule ~ Lot Grading and Drainage (Residential)
Securities applicable to all residential construction as noted where no more than 50
cubic metres of fill is imported (including granular material for driveways and septic
systems).
Description
Security Deposit
Construction of principal buildings, septic systems
$2,500.00
and accessory structures greater than 20 square
metres. Construction of additions to accessory
structures greater than 20 square metres.
Additions to existing principal buildings.
$1,000.00
Foundation repairs or replacement, house raising
and construction of new foundations for same.
Construction of in~ground pools,. Construction of
accessory structures greater than 15 square
metres but less than 20 square metres. Additions
to existing accessory structures greater than 15
square metres but less than 20 square metres.
Extension of permit for principal buildings, septic
n/a
systems and accessory structures greater than
20 square metres.
Extension of permit for Additions to existing
n/a
principal buildings or accessory structures.
Foundation repairs or replacement, house raising.
Construction of in~ground pools. Construction of
accessory structures less than 20 square metres.
Construction of a new driveway entrance, or the
$2,500.00
alteration or removal of an existing private
entrance, driveway connection, or any other work
within the municipal right~of~way.
Schedule C
Environmental Control Program
Operational Standards:
The following are proposed standards for the maintenance and operation of the fill area:
2.
10.
11.
12.
Site personnel will receive specialized training for their specific work tasks.
The placement of clean fill material at the site will be adequately and continually
supervised.
Clean material will be placed in an orderly manner at the fill area.
Procedures will be established, signs posted, and safeguards maintained for the
prevention of on~site accidents.
Vehicular access to the property will be by roadway closed by a gate capable of
being locked.
Access roads and on~site roads will be provided so that vehicles hauling clean
material to and on the site may travel readily under all normal weather conditions.
Access to the site will be limited to times when an attendant is on duty and
accessible only to persons authorized to deposit clean material at the fill area.
Drainage passing over or through the site will not adversely affect adjoining
properties. Natural drainage will not be obstructed.
Clean fill material will be placed in such manner that groundwater aquifers will not
be impaired.
If groundwater contamination in excess of Ontario Regulation 153/04 is
encountered, action will be taken to isolate the source of contamination and
'effectively prevent the egress of contaminants from the site.
Where there is a possibility of groundwater pollution resulting from the operation of
the fill area, samples will be taken and tests made by the owner of the site to
measure the extent of contamination and, if necessary, measures will be taken for
the collection and treatment of contaminants and for the prevention of groundwater
pollution.
When the fill area has reached its limit of fill, a final cover of soil will be designed
and constructed to a grade capable of supporting vegetation and that minimizes
25
erosion. All slopes will be designed to drain runoff away from the cover and to
prevent water from ponding. No standing water will be allowed anywhere in or on
the completed fill area. The fill area will then be seeded with vegetation to minimize
wind and water erosion. The vegetation used will be compatible with local climate
conditions, capable of growing and surviving under those conditions, and will
include a diverse mix of native and introduced species consistent with the post
closure land use. Temporary erosion control measures will be undertaken while
vegetation is being established.
~
Fill Screening Procedures:
The initial inspection of the truck and its load of inert fill will include a review of the chain
of custody provided by the transporter and a visual inspection of the fill for signs of
contamination. If at any point during the visual inspection there is evidence that the fill
may be contaminated it will be rejected.
The attached Fill Inspection Checklist will be used to record and document the chain of
custody and all initial and secondary inspections.
The first procedure for the site inspector will be to record the load number, truck
number, the name of the company hauling the fill, the driver's name and ensure that the
transporter provides a chain of custody (refer to check list).
The chain of custody will include a record for the fill being delivered from its place of
origin to the site.
.
The chain of custody will include information concerning the inert fill, the transport of the
inert fill, and the truck itself. Information pertaining to the inert fill should include: place of
origin; soil constituents; proof that the fill is clean; and copies of analyses to provide
evidence that the soil is not contaminated. Records pertaining to the transport should
include: a list of all drivers involved in the haulage of the inert fill from its place of origin
to the site; documentation of all stops made from the place of origin to the site; and
documentation that ensures the truck is at the proper location. Records of transport
cleaning and sanitation procedures for the truck and loading equipment should also be
provided upon request to ensure that the fill has not been contaminated by previously
transported materials.
An initial visual inspection of the inert fill will occur while the fill is stilf in the truck and, if
the fill is deemed satisfactory, a secondary visual inspection will be performed when the
fill is being dumped in the designated fill area, both initial and secondary inspections will
include a firsthand observation of the following:
e
Odours;
e
Unusual clumping;
e
Hazardous materials (biomedical, flammable, etc.);
26
Food, household waste;
Discolouration;
Viscosity (liquid and sludge);
Putrescible wastes; and,
Any other unauthorized materials.
Initial and secondary inspections will include the raking and probing of the fill in order to
agitate the soil and bring underlying soil to the surface so that an accurate
representation of the soil may be inspected.
If there is evidence that the soil may be contaminated the site inspector will reject the
load,
When either the initial or secondary inspections provide evidence that the soil is not
clean the truckload will be refused and directed to the appropriate licensed waste
disposal facility, the site supervisor will document what was found, why the load was
refused and to which facility the load was directed.
27
Fill Inspection Checklist:
Schedule C
Environmental Control Program
If "NO", complete the following:
Fill Site:
Date:
Ticket No.:
Time:
Inspector:
Driver information:
No. of Loads:
Quantity (m*):
Company:
Truck No.:
Driver Name:
Accepted
Rejected
Source Information:
Report
Type of Fill: (Check
Provided
| appropriate box)
Address:
at Source:
Residential
Yes | No | Industrial
Agricultural
Visual Inspection Report
Load(s) Contains Clean
Fill
Primary Inspection
Yes
No
Secondary Inspection
Yes
No
1.
Odours
Unusual Discolouration
Hazardous Materials (Biochemical, Flammable)
Food/Domestic Waste
Liquid or Sludge
Construction Materials (Wood, Drywall, etc.)
Scrap Metalis
co |
| o | & |co |ho
Vegetarian (Stumps, Sod)
9.
Asphait
10. Other (Describe)
Comments:
28
Schedule C
Groundwater Monitoring
Procedures for the Groundwater Monitoring Program:
To monitor the quality of groundwater migrating off~site a minimum of three monitor
wells will be installed down gradient from the fill area. Periodic analytical testing of the
groundwater will be conducted to ensure that the groundwater conditions are in
accordance with Ontario Regulation 153/04 and the referenced Soil, Ground Water and
Sediment Standards for Use Under Part XV.1 of the Environmental Protection Act,
R.S.0.1990, c. E.19, as amended.
The following is an outline of the items related to the groundwater monitoring program
that are addressed in the Environmental Control Program:
The impacts of the seepage of leachate from the fill area will be assessed in a
systematic fashion using the techniques described below.
Procedures for performing the groundwater assessment:
1.
The concentration of constituents in the leachate will be determined from
laboratory analyses of groundwater samples collected down gradient from the fill
area.
2.
Acceptable groundwater assessment. The groundwater will be considered:
acceptable if the groundwater quality is in accordance with Ontario Regulation
153/04 and the referenced Soil, Ground Water and Sediment Standards for Use
Under Part XV.1 of the Environmental Protection Act, R.S.O. 1990, c. E.19, as
amended.
Design and Construction and OQperation of Groundwater Monitoring Systems:
All fill areas, will be identified and studied through a network of monitoring wells
operated during the active life of the fill area and for two years after closure. Monitoring
wells designed and constructed as part of the monitoring network will be maintained
along with records that include, but are not limited to, well location, well size, type of
well, the design and construction practice used in its installation and well and screen
depths.
3.
Standards for the location of monitoring points:
{a)
Monitoring points will be established at sufficient locations down gradient with
respect to groundwater flow to detect discharge of potential contaminants
from within the fill area;
29
(b)
(c)
(d)
Monitoring welis will be located in stratigraphic horizons that could serve as
contaminant migration pathways;
Monitoring wells will be established as close to the potential source of
discharge as possible without interfering with the fill operations, and within
half the distance from the edge of the potential source of discharge to
property line down gradient with respect to groundwater flow, from the source;
and,
A minimum of at least one monitoring well will be established at the property
line and will be located down gradient from the fill area with respect to
groundwater flow. Such well or wells will be used to monitor any statistically
significantincrease in the concentration of any constituent, in accordance with
the Guideline, and will be used for determining compllance with applicable
groundwater quality parameters.
Standards for monitoring well design and construction:
(a)
(b)
(c)
(d)
(e)
(f)
All monitoring wells will be cased in a manner that maintains the integrity of
the borehole. The casing material will be inefrt so as not to affect the water
sample. Well casings requiring a solvent~cement type coupling will not be
used;
Wells will be screened to allow sampling only at the desired interval. Annular
space between the borehole wall and well screen section will be packed with
gravel or sand sized to avoid clogging by the material in the zone being
monitored. The sliot size of the screen will be designed to minimize clogging.
Screens will be fabricated from material expected to be inert with respect to
the constituents of the groundwater to be sampled;
Annular space above the well screen section will be sealed with a relatively
impermeable, expandable material such as a cement /bentonite grout, which
does not react with or in any way affect the sample, in order to prevent
contamination of samples and groundwater and avoid interconnections. The
seal will extend to the highest known seasonal groundwater level;
The annular space will be back~filled from an elevation below the frost line
and mounded above the surface and sloped away from the casing so as to
divert surface water away;
The annular space between the upper and lower seals and in the unsaturated
zone may be backfilled with uncontaminated cuttings;
All wells will be covered with caps and equipped with devices to protect
against tampering and damage;
30
(g)
All wells will be developed to allow free entry of water to minimize turbidity of
the sample and minimize clogging; and,
(h)
Other sampling methods and well construction techniques may be utilized if
they meet Provincial water well construction standards.
5.
Standards for Sample Collection and Analysis:
(a)
The groundwater monitoring program will include consistent sampling and
analysis procedures to assure that monitoring results can be relied upon to
provide data representative of groundwater quality in the zone being
monitored;
(b)
The operator will utilize procedures and techniques to ensure that collected
samples are representative of the zone being monitored and that prevent
cross contamination of samples from other monitoring wells or from other
samples;
(c)
The operator will establish a quality assurance quality control program for
groundwater sample collection; and,
(d)
The operator will institute a chain of custody procedure to prevent tampering
~
and contamination of the collected samples prior to completion of analysis.
Groundwater Monitoring Program:
1.
The operator will implement a monitoring program in accordance with the following
requirements:
(a)
Monitoring schedule and frequency:
(i)
The monitoring period will begin as soon as a fill permit is issued.
Monitoring will continue for a minimum period of two years after closure.
The operator will sample all monitoring points on a quarterly basis;
{ii)
The monitoring frequency may change on a well by well basis to an
annual schedule if all constituents monitored within the zone of
attenuation are less than or equal to Guideline criteria for three
consecutive quarters. However, monitoring will return to a quarterly
schedule at any well where a statistically significant increase is
determined to have occurred in the concentration of any constituent with
respect to the previous sample; and,
(iti)
Monitoring will be continued for a minimum period of two years after
closure. Monitoring beyond the minimum period may be discontinued if
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no statistically significant increase is detected in the concentration of any
constituent above that measured and recorded during the immediately
proceeding scheduled sampling for three consecutive quarters.
(b)
Criteria for choosing constituents to be monitored:
(i)
The operator will monitor each well for constituents that will provide a
means for detecting groundwater contamination. Constituents will be
chosen for monitoring if the constituent appears in, or is expected to be
in, the leachate; and,
(ii)
One or more indicator constituents, representative of the transport
processes of constituents in the leachate, may be chosen for monitoring
in place of the constituents it represents.
2.
If the analysis of the monitoring data shows that the concentration of one or more
constituents is attributable to the fill operations and exceeds Guideline criteria, then
the operator will conduct a groundwater impact assessment. The assessment
monitoring program will be conducted in accordance with the following
requirements:
(a)
The impact assessment will be conducted to collect additional information to
assess the nature and extent of groundwater contamination, which will consist
of, but not be limited to, the following steps:
(i)
More frequent sampling of the wells in which the observation occurred;
(ii)
More frequent sampling of any surrounding wells;
(iii)
The placement of additional monitoring wells to determine the source
and extent of the contamination; and,
(iv)
Monitoring of additional constituents to determine the source and extent
of contamination
(b)
If the analysis of the assessment monitoring data shows that the concentration
of one or more constituents monitored is above the applicable groundwater
quality standards and is attributable to the fill operations, the operator will
determine the nature and extent of the groundwater contamination, including
an assessment of the continued impact on the groundwater should additional
fill continue to be accepted at the facility, and will implement remedial action.
Plugging and Sealing of Drill Holes:
1.
All drill holes, including exploration borings that are not converted into monitoring
wells, monitoring wells that are no longer necessary to the operation of the site, and
other holes that may cause or facilitate contamination of groundwater shall be sealed
in accordance Ontario Regulation 903, as amended.
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Report Approval Details
~ Document Title:
| Bylaw Number 2026~0060 (REG~1)
~ Engineering
|
Bylaw.docx
Attachments:
Final Approval Date:
| Jun 9, 2026
This report and all of its attachments were approved and signed as outlined below:
No Signature found
Michael Bigioni
Ryan Cronsberry
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