RE: SOIL BYLAWS

BACKGROUND & COMMENTS:

Previously bylaws prepared in November 199], namely, Bylaws No. 2664, 2665 and 2666
were considered and approved by City Council and following three readings, the bylaws were
referred to the Ministry of Munciipal Affairs for approval of the permit fees in accordance with
Section 930.1(5) of the Municipal Act. The Ministry has had the bylaws since early 1992 but to
date has not responded to the City’s request for approval.

As a result of concems expressed by Esco Foundries Ltd. and Beck Environmental Ltd., there
were a number of changes made to the proposed bylaws. Other changes resulted from
reconsideration of the form and content of particular provisions of the bylaws as identified by
the Environmental Protection Committee and by staff. Attached is a letter dated May 31, 1993
from Mr. Grant Anderson, City’s Solicitor, summarizing the bylaws and any changes.

The most salient change to the bylaws has been made to include exceptions to the bylaws for
"licensed soil treatment facilities’ and “recyclable sand" wich is the heavy metal -
contaminated sand (as defined in Schedule" A") imported by Esco ~- use in its foundry process.
The exceptions require that contaminated soil or sand be held in ‘ntainment facility pending
processing.

CONCLUSION:

In general, the proposed soil bylaws are intended to protect the environment and give the City
some control over soils activities which have been previousiy unregulated. It is recommended
the bylaws be monitored during the first year that they are in effect, and that a report to Council
be made at the end of that time. It is expected that the new scheme of regulations outlined in the
bylaws will require some adjustment once those effected have experience in working with the
bylaws.

J. a =
“ty Engineer

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