Whereas sand and gravel mines and quarries that are reclaimed as landfills have the potential to contaminate surface and ground water; And whereas provincial regulations for aquifer and drinking water protection related to reclamation of mines and quarries are inadequate to protect community water supplies and are inferior to many other jurisdictions: Therefore be it resolved that the Province legislate enforceable and mandatory landfill siting restrictions in the Environmental Management Act so that no waste permit, approval, or Operational Certificate can be issued for filling a mine pit with waste over a porous or sensitive aquifer.
Ministry of Environment and Climate Change Strategy, with input from the Ministries of Energy, Mines and Petroleum Resources and Forests, Lands, Natural Resource Operations, and Rural Development Currently, the Information Requirements from proponents for landfill siting include hydrology and hydrogeology characterization reports including current and planned groundwater and surface water uses as well as groundwater and surface water impact assessments. The Ministry of Environment and Climate Change Strategy developed a guidance document for municipal solid waste landfills that contains recommended siting, design and operational standards and best management practices for landfills which are intended to protect surface and ground water resources including vulnerable aquifers. These recommended standards are considered by statutory decision makers when making decisions about municipal waste and other landfills, and they are incorporated into authorization requirements as needed to protect surface and groundwater resources. Permitting decisions under the Environmental Management Act are required to consider requirements to protect sensitive aquifers. The Ministry of Energy, Mines and Petroleum Resources is in the process of developing directives governing the receipt, storage, use andor processingtreatment of contaminated soil and organic material on a mine. These directives recognize that the authority for the relocation and handling of these soils resides with the Ministry of Environment and Climate Change Strategy. If mines are to be used to receive contaminated soils, the directives will stipulate that approval is also required by the Chief Inspector of Mines. The use of any imported contaminated soils on a mine site will be regulated by the Ministry of Energy and Mines through the approval of the Mine Reclamation and Closure Plan, including an operational environmental monitoring and management program. Any application to amend the Mines Act permit to receive, store, use andor processtreat contaminated soil must evaluate and provide plans for contingency remediation and the costs associated with remediation. The Ministry of Forests, Lands, Natural Resource Operations, and Rural Development is responsible for issuing and administering tenures for aggregate pits on Crown land only. Prior to expiry of the tenure, the pit must undergo reclamation, which is managed by the Ministry of Energy, Mines and Petroleum Resources. Once the reclamation is satisfactorily completed, the tenure can be terminated. If a new proponent wanted to acquire the Crown land with the reclaimed aggregate pit to operate a landfill or if the previous tenure holder wanted to do this they would be required to apply for a new tenure. The application would undergo a rigorous process to determine suitability of the site. This includes seeking comments through referral with provincial agencies and local government, consultation with First Nations, and engagement with the public. Professional site assessments may also be required. If the applicant is successful in obtaining a tenure, besides being in compliance with the tenure terms and conditions, they must adhere to all provincial and federal laws, local government bylaws and zoning. Before the landfill can be put on site, the tenure holder will be required to get all necessary permits and approvals to operate the landfill.