Environmental Protection Requirements
for Transportation Planning and
Highway Design, Construction, Operation and Maintenance
April 2004
Table of Contents
The Ministry of Transportation of Ontario recognized a need to develop
a consistent, systematic approach to environmental management by improving how
the ministry assesses environmental risk and controls the environmental impacts
resulting from its activities. The approach will meet the ministry's commitment
to the environment by recognizing both ministry business processes, and the
complex interactions between the environment and the numerous activities
undertaken for transportation planning and highway design, construction,
operation and maintenance. The Environmental Standards Project is the
ministry's first step in developing a systematic approach to environmental
management.
One of the objectives of Environmental Standards Project was to
provide a concise, yet comprehensive interpretation of how federal and
provincial environmental legislative requirements, guidelines and policies are
applied to transportation planning, and highway design, construction, operation
and maintenance activities. To meet this objective, the ministry has developed
Environmental Protection Requirements.
Seventy-four separate federal and provincial environmental statutes
have been identified as applicable to transportation planning, and highway
design, construction, operation and maintenance activities. Each of these has
various requirements and many have supporting regulations, and/or formal
policy. Some of these statutes have overlapping or complementary requirements.
To clarify its environmental requirements, the ministry synthesized the 74
statutes and the supporting regulations and formal policies, interpreted how
each is applied to the transportation planning and highway design,
construction, operation and maintenance activities and developed Environmental
Protection Requirements.
The Environmental Protection Requirements have been developed with
participation of Environmental Regulatory Agencies. The ministry has consulted
with the various agencies mandated with the statutes to ensure a common
interpretation. Now the ministry is asking for public input through the Ontario
Environmental Bill of Rights Registry.
The Environmental Protection Requirements are provided below.
Requirements originating from the Oak Ridges Moraine Act and Plan as
well as for Air Quality are currently under development and will be provided
once formalized.
| GEN-1 |
During transportation planning and the design of new or modified
highways, the requirements as set out in the Class Environmental Assessment
for Provincial Transportation Facilities must be met prior to the
commencement of construction |
| GEN-2 |
In the event that a federal trigger is identified during the
during transportation planning or highway design, the requirements of the
Canadian Environmental Assessment Act shall be met prior to the
commencement of construction. |
Note: The
Environmental Protection Requirements for Air Quality are currently being
developed in consultation with provincial and federal government stakeholder
agencies. They will be posted here in the near future.
| AGR-1 |
Transportation planning and highway design, construction,
operation and maintenance activities shall be done in a manner that avoids
prime agricultural lands and prime agricultural areas where possible and
practical. (Provincial Policy Statement, s.2.1.1) Where avoidance
is not practical then highways may be located in Prime Agricultural Lands and
Prime Agricultural Areas where it has been demonstrated through an
environmental assessment that:
- There is no reasonable alternative location which avoids
prime agricultural lands and areas;
- Consideration has been given to lower priority agricultural
lands (lower capability lands) within the prime agricultural lands and areas;
- The detrimental impacts from the location, design,
construction operation and maintenance of a new highway on surrounding
agricultural communities, existing operations and lands are minimized to the
extent feasible; and
- Consideration has been given to Nutrient Management
(Nutrient Management Act) and Minimum Distance Separation
requirements of affected farming operations.
|
| FISH-1 |
Crossings of a waterbody that provide fish habitat at any time of
the year shall be designed, constructed, operated and maintained such that no
new barriers to fish passage, including physical, chemical or flow impediments
(including maintaining minimum flows and depths), are created so that fish can
pass and the ability for fish to pass is not reduced over time, unless
authorized by Fisheries and Oceans Canada. (Fisheries Act s.20 (1), s.22
(1), s.22 (2), s.35). |
| FISH-2 |
If highway construction must proceed during a period when fish
are moving between different areas of their habitat, their safe passage shall
not be restricted for an unreasonable amount of time. The relevant period shall
be determined by a qualified fisheries biologist, for the target
species/community, in consultation with Ministry of Natural Resources and
Fisheries and Oceans Canada (Fisheries Act s.20 (1)). |
| FISH-3 |
Fish screens, guards, netting or other barriers shall be
installed and maintained across any water intake withdrawing water from any
waterbody that contains fish (e.g. for the purposes of water-taking,
dewatering, bypass pumping, etc.) or across the entrance to any channel
constructed for the purposes of conducting water temporarily from any waterbody
that contains fish so as to prevent fish access until the water intake or
diversion has been decommissioned (Fisheries Act s.30 (1),
s.32). |
| FISH-4 |
Any area of a waterbody containing fish that is temporarily
isolated by guards, screens or other barriers shall be inspected for the
presence of fish, and all fish shall be captured using appropriate means and
released unharmed in adjacent fish habitat beyond the barriers. This fish
transfer shall be conducted under the direction of a qualified fisheries
biologist, with the appropriate permit (Fisheries Act s.30 (1),
s.32). |
| FISH-5 |
Fish shall not be harmed in any manner unless authorized by
Fisheries and Oceans Canada (Fisheries Act s.32 Authorization),
or Ministry of Natural Resources in accordance with a valid Scientific
Collectors Permit. Fish species, or parts or derivatives of fish species listed
as extirpated, endangered or threatened shall not be killed, harmed, harassed,
captured, taken, possessed, collected, bought, sold or traded (Species At
Risk Act s.32 (1)(2)(3)) except under a valid Scientific Collectors
Permit. |
| FISH-6 |
No harmful alteration, disruption or destruction of fish habitat
is permitted unless authorized Fisheries and Oceans Canada (Fisheries Act
s.35 (2) - A). Destruction of any part of the critical habitat of any
listed endangered or threatened aquatic species, or an extirpated species where
a recovery strategy recommends reintroduction of that species to the wild, is
not permitted (Species At Risk Act s.58 (1)(b)). |
| FISH-7 |
Where a harmful alteration, disruption or destruction of fish
habitat is authorized by Fisheries and Oceans Canada, appropriate compensation
shall be developed by a qualified fisheries biologist to the satisfaction of
Ministry of Natural Resources and Fisheries and Oceans Canada, to ensure no net
loss of the productive capacity of the habitat occurs. |
| FISH-8 |
Where the use of explosives is required during construction in
the vicinity of a waterbody that contains fish, they shall be used in such a
manner as to ensure no harmful effects to fish occur (Fisheries Act
s.32). |
| FISH-9 |
No substance of any type that is deleterious shall be deposited
in water frequented by fish, or be released or placed such that the deleterious
substance could enter the water (Fisheries Act s.36(3)). |
| FISH-1 |
Plans and specifications for highway construction that may affect
fish habitat shall be provided to Ministry of Natural Resources and Fisheries
and Oceans Canada, and modified as required (Fisheries Act s.20, s.22,
s.35). |
| FISH-11 |
Where a substance is released and/or deposited into water such
that fish and/or their habitat could be harmed, it shall be reported to the
appropriate agencies (Ministry of Natural Resources, Fisheries and Oceans
Canada, Ministry of the Environment) (Fisheries Act s.38
(4)). |
| FISH-12 |
Where a substance is released and/or deposited into water such
that fish and/or their habitat are harmed or likely to be harmed, all
reasonable measures to remedy the situation shall be undertaken as soon as
possible (Fisheries Act s.38 (5)). |
| SW-1 |
Current procedural directives, policies and protocols of the
Ministry of Transportation shall be used to ensure that the transportation
planning and highway design, construction, operation and maintenance of highway
surface water conveyance and management measures (i.e. culverts, bridges,
ditches, erosion protection, stormwater management basins, etc.) proceeds in a
consistent, efficient, safe and responsible manner. |
| SW-2 |
The design of the highway surface water conveyance and management
works that will be implemented during the construction, operations and
maintenance of a highway should, integrate both temporary and permanent
measures representing the best available technologies that are economically
achievable, such that:
- Impacts to the existing water balance in the vicinity of the
highway are maintained to the extent that is technically, physically and
economically practicable, as defined through the Environmental Assessment
approval process. (Canada Water Act; Conservation
Authorities Act (s.21, s.28); Planning Act;
Provincial Policy Statement (s.2.4.1); Common
Law);
- Upstream and downstream human and non-human (e.g. wildlife,
vegetation, etc.) land and water uses are protected to the extent that is
technically, physically and economically practicable, as defined through the
Environmental Assessment approval process (Conservation Authorities Act
(s.21, s.28); Lakes and Rivers Improvement Act (s.2, s.3, s.14,
s.16); Planning Act; Common Law;
Ministry of Transportation Drainage Directives);
- Impacts to the quality of surface water are mitigated to the
extent that is technically, physically and economically practicable, as defined
through the Environmental Assessment approval process (Canada Water
Act; Canadian Environmental Protection Act; Ontario
Environmental Protection Act; Fisheries Act; Ontario Water
Resources Act; Conservation Authorities Act (s.21, s.28);
Lakes and Rivers Improvement Act (s.2, s.3, s.14, s.16);
Planning Act);
- Changes in erosion potential and flood risk for features of
the natural environment upstream and downstream of the transportation corridor
are minimized to the extent that is technically, physically and economically
practicable, as defined through the Environmental Assessment approval process
(Conservation Authorities Act (s.21, s.28); Lakes and
Rivers Improvement Act (s.2, s.3, s.14, s.16); Planning
Act; Common Law; Ministry of Transportation Drainage
Directives).
|
| SW-3 |
Where feasible, surface water conveyance and management works on
a highway, such as culverts, bridges, ditches, stormwater management
facilities, etc., shall be designed, constructed, operated and maintained in a
manner that preserves or where reasonable, enhances ecological linkages. |
| SW-4 |
A Certificate of Approval shall be acquired from the Ontario
Ministry of the Environment prior to construction, for any surface water
conveyance or management works not being constructed under either the Drainage
Act or the Public Transportation and Highway Improvement Act. (Ontario
Water Resources Act s.53). |
| SW-5 |
As part of the design of a highway, any works crossing, or in a
waterbody designated as navigable waters, must receive approval from Fisheries
and Oceans Canada under the Navigable Waters Protection Act s.5,
s.10. |
| SW-6 |
Any structures crossing a waterbody designated as navigable
waters shall be designed, constructed, operated and maintained to provide a
minimum acceptable clearance as specified by Fisheries and Oceans Canada.
(Navigable Waters Protection Act s.5, s.10) |
| SW-7 |
Any channel works proposed in a waterbody designated as navigable
waters shall be designed, constructed, operated and maintained in a manner that
will ensure that the geometric characteristics of the existing watercourse are
maintained or approximated. (Navigable Waters Protection Act s.5,
s.10) |
| SW-8 |
During the construction, operation and maintenance of a highway,
any material that may sink, such as stone, gravel, earth, etc., shall not be
placed into navigable waters where there is not at least 36.6 metres of water
at all times. (Navigable Waters Protection Act (s.22)) |
| SW-9 |
Surface water conveyance and management measures designed,
constructed, operated and maintained by a private company in a waterbody
governed by the Lakes and Rivers Improvement Act should not
temporarily or permanently dam a waterway or alter a watercourse's bed or
banks. Any measures that will create a temporary or permanent dam across a
waterbody governed by the Lakes and Rivers Improvement Act, or
alter the said waterbody's bed or banks, must receive a permit from the
Ministry of Natural Resources prior to construction. (Lakes and Rivers
Improvement Act s. 2.3.1,2.3.2, 2.3.3). |
| SW-10 |
Highway construction by a private company which crosses a
waterbody that falls under the jurisdiction of a Conservation Authority,
requires a "Fill, Construction and Alterations to Waterways Permit" to be
obtained prior to the construction of any works that will result in alterations
to the waterbody, construction of a structure in an area susceptible to
flooding and/or the placement of fill such that the control of flooding or
pollution, or the conservation of land will be affected. (Conservation
Authorities Act (s.28)). |
| GW-1 |
Boreholes, test holes, dewatering wells and water wells shall be
drilled and installed with due regard for the subsurface environment,
protection of groundwater resources from surface contamination, and prevention
of aquifer cross connection (Ontario Water Resources Act, O. Reg.
128/03). |
| GW-2 |
All boreholes, test holes and dewatering wells that are no longer
in use, are no longer needed due to location in the right-of-way, or no longer
needed for water supply due to highway construction shall be properly
decommissioned. Proper abandonment procedures are to be specified and followed
as per regulations (Ontario Water Resources Act, O.Reg. 903/90
as amended to O.Reg. 128/03 s.21 and amendments as they occur).
In practical terms all boreholes, test holes and dewatering wells shall be
effectively sealed at surface and at depth as appropriate. |
| GW-3 |
Transportation planning and highway design, construction,
operation and maintenance activities shall be carried out in a way that
protects groundwater supplies on adjacent lands for any reasonable use that can
be made of them. Typically the assumed use is potable, therefore the supply and
water quality parameters set in the Ministry of the Environment Ontario
Drinking Water Standards shall be maintained or alternative supply provided
of equal or better quality. |
| GW-4 |
Transportation planning and highway design, construction,
operation and maintenance activities shall be carried out in a way that
maintains the function of groundwater such as baseflow and availability for
water supply in natural systems, consistent with watershed planning of the
area. |
| GW-5 |
Transportation planning and highway design, construction,
operation and maintenance activities shall provide for groundwater source
protection in terms of both quality and quantity and recognize vulnerable or
sensitive (highly vulnerable) aquifer zones and wellhead protection zones as
defined by the Ministry of the Environment (designated Director) and in
Municipal Official Plans. (Ontario Water Resources Act s.33. and
Oak Ridges Moraine Conservation Plan O. Reg. 140/02, s. 29 and O. Reg.
140/02, s. 42 (1)) |
| GW-6 |
A Permit-To-Take-Water from the Ministry of the Environment shall
be obtained for the taking of water over 50,000 l/day from any given source,
whether temporary or permanent for any purpose including but not limited to;
diversion, potable water supply, cleaning, flushing and dewatering during
highway construction, operation and maintenance (Ontario Water Resources
Act s.34). |
| WLD-1 |
Transportation planning shall be done in a manner that avoids
Migratory Bird Sanctuaries and National Wildlife Areas in Ontario.
Transportation planning and highway design, construction, operation and
maintenance activities shall consider the conservation of wildlife on federal
public lands that are administered by the Federal Minister of the Environment,
and in any protected marine areas (Canada Wildlife Act s.1-19).
|
| WLD-2 |
Transportation planning and highway design, construction,
operation and maintenance activities shall be carried out to prevent the
destruction of migratory birds or their nests and minimize the release of oil,
oil wastes or any other substance harmful to migratory birds to any waters or
any area frequented by migratory birds (Migratory Birds Convention Act
s.5, Migratory Bird Regulations s.6 and s.35). |
| WLD-3 |
Transportation planning and highway design shall be done in a
manner that avoids impact on federal lands that provide critical habitat for
listed wildlife species unless certain areas are excluded by the Minister, and
on other lands that provide critical habitat for listed migratory and aquatic
species under the federal Species At Risk Act s.32, s.33, s.34,
s.58. |
| WLD-4 |
Transportation planning and highway design, construction,
operation and maintenance activities shall be done in a manner that avoids
habitat for species designated by regulation under the Ontario Endangered
Species Act (s.5). |
| WLD-5 |
Transportation planning and highway design shall be done in a
manner that avoids, or if avoidance is not possible minimizes, encroachment on
significant portions of the habitat of threatened and endangered species,
unless approved through the Environmental Assessment approval process
(Provincial Policy Statement, s.2.3.1,2.3.2, 2.3.3). |
| WLD-6 |
Transportation planning and highway design, construction,
operation and maintenance activities shall recognize the need to protect other
wildlife species identified in the schedules in the Fish and Wildlife
Conservation Act (s.5(1) & s.7(1)) |
| WLD-7 |
Transportation planning shall be done in a manner that avoids
significant wildlife habitat, as defined in the Significant Wildlife Habitat
Technical Guide (Ministry of Natural Resources, 2000) unless approved
through the Environmental Assessment approval process. Where intrusion is
unavoidable (i.e. avoidance is not feasible or practical) and has been approved
through the Environmental Assessment approval process, the highway shall be
designed, constructed, operated and maintained to minimize effects on
significant wildlife habitat (Provincial Policy Statement
(s.2.3)). |
| WLD-8 |
Transportation planning and highway design, construction,
operation and maintenance activities shall be carried out in a manner that
maintains the diversity of wildlife habitat in an area and natural connections
between them, unless otherwise approved through the Environmental Assessment
approval process (Provincial Policy Statement s.2.3). |
| WLD-9 |
Transportation planning and highway design, construction,
operation and maintenance activities shall have regard to policies, plans,
strategies and programs at the local/regional level dealing with other wildlife
species of local or regional significance. Such species and associated habitats
may be identified by a local planning body such as a municipality or
conservation authority, or identified as being of conservation concern through
initiatives such as the North American Bird Conservation Initiative. For
such resources the descending order of priority will be: 1) avoidance; 2)
minimizing impact; and 3) mitigation/restoration. |
| WET-1 |
Transportation planning and highway design, construction,
operation and maintenance activities shall achieve no net loss of wetland
function for wetlands where loss has reached critical levels, and the wetland
is located on federal lands or the transportation initiative requires federal
approvals or is receiving federal funding (Federal Policy on Wetland
Conservation, Strategy 2). |
| WET-2 |
Transportation planning and highway design, construction,
operation and maintenance activities shall avoid the loss of wetland features
and functions, unless approved through the Environmental Assessment approval
process (Provincial Policy Statement s.2.3.1, s.2.3.2, s.2.3.3).
|
| VEG-1 |
Transportation planning and highway design, construction,
operation and maintenance activities shall avoid impact on federal lands that
provide critical habitat for listed species under the federal Species At
Risk Act s.32, s.33, s.34, s.58. |
| VEG-2 |
Transportation planning and highway design, construction,
operation and maintenance activities shall avoid habitat for designated
vegetation species protected under the Ontario Endangered Species Act
s.5. |
| VEG-3 |
Transportation planning and highway design, construction,
operation and maintenance activities shall maintain the diversity of native
vegetation in an area and natural connections between them, unless approved
through the Environmental Assessment approval process (Provincial Policy
Statement). |
| VEG-4 |
Transportation planning and highway design shall be done in a
manner that avoids significant woodlands and significant valleylands, including
woodlands providing habitat for area sensitive species, unless approved through
the Environmental Assessment approval process (Provincial Policy
Statement and Natural Heritage Reference Manual). |
| VEG-5 |
Transportation planning and highway design, construction,
operation and maintenance activities shall consider municipal objectives for
woodland forestry management (Forestry Act s.11). |
| VEG-6 |
Transportation planning and highway design, construction,
operation and maintenance activities shall have regard for policies, plans,
strategies and programs at the local/regional level dealing with vegetation
resources of local or regional significance. Such vegetation resources or
specific species may be identified by a local planning body such as a
municipality, conservation authority, or other resource agency. For such
resources the descending order of priority will be: 1) avoidance; 2) minimizing
impact; and 3) mitigation/restoration. |
| VEG-7 |
Highway design, construction, operation and maintenance
activities shall be done in a manner that protects where practical, the
features and functions of retained vegetation areas. |
| VEG-8 |
Where required as a condition of Environmental Assessment
approval, the restoration of terrestrial ecological features shall utilize
ecological restoration principles where the right-of-way crosses or is adjacent
to significant wildlife habitats, woodlots, wetlands and /or valley lands. |
| DA-1 |
Designated Areas are defined by resource agencies,
municipalities, the government and/or the public, through legislation,
policies, or approved management plans, to have special or unique value. Such
areas may have a variety of ecological, recreational, and/or aesthetic features
and functions that are highly valued. Examples of Designated Areas include the
following: Niagara Escarpment; Bruce Trail; Trans Canada Trail; Oak Ridges
Moraine; National and Provincial Parks; Designated federal wildlife/marine
Areas; RAMSAR wetlands; Remedial Action Plan areas (RAP); International
Biological Program areas; World Biosphere Reserves; Designated heritage rivers;
Environmentally Sensitive Areas (ESA); Environmentally Sensitive Policy Areas
(ESPA); Provincially Significant Areas of Natural and Scientific Interest
(ANSI); Conservation Authority parks/Open Space lands; Stewardship lands; and
Land trust areas (such as Nature Conservancy of Canada and others). |
| DA-2 |
Information on Designated Areas shall be identified and
integrated as a key factor during transportation planning and highway design.
|
| DA-3 |
Transportation planning and highway design, construction,
operation and maintenance activities shall have regard to the specific features
and functions of Designated Areas that make them unique as articulated in
legislation, policies, or approved management plans. |
| DA-4 |
In Designated Areas with approved management plans (e.g.
Niagara Escarpment Plan and Oak Ridges Moraine Conservation Plan)
transportation planning and highway design, construction, operation and
maintenance activities shall comply with the relevant policy requirements of
the plan. |
| DA-5 |
Where Designated Areas cannot be avoided as demonstrated by the
Environmental Assessment approval process, transportation planning and highway
design, construction, operation and maintenance activities will be done in a
manner that minimizes the extent of intrusion, minimizes visual impacts,
maintains access to Designated Areas (i.e. trail or roadway access), and
buffers adjacent Designated Areas. |
Note: The
Environmental Protection Requirements for the Oak Ridges Moraine are currently
being developed in consultation with the provincial and federal government
agencies having jurisdiction within the Moraine. They will be posted here in
the near future.
| CON-1 |
There shall be no release, discharge or addition to: 1) the
natural environment (land, surface water, groundwater or air) of a contaminant
that may cause adverse effects as defined by the Ontario Environmental
Protection Act (Part II s. 14(1)); 2) surface water or groundwater, of
a contaminant that may impair water quality as defined by Ontario Water
Resources Act s.28; or a substance deleterious to fish or fish habitat
(Fisheries Act s.34); and 3) the natural environment of a toxic
substance as defined by the Canadian Environmental Protection Act
s.64). |
| CON-2 |
Any property being considered for acquisition or disposition for
the purposes of highway construction shall be screened for potential site
contamination. |
| CON-3 |
Any potentially contaminated properties shall be assessed and
managed in accordance with Ministry of the Environment Guidelines, Canadian
Council of Ministers of the Environment Guidelines (for federal properties)
and Canadian Standards Association Guidelines, and in consultation with
the appropriate agencies. |
| CON-4 |
No land or land covered with water, which was used for the
disposal of waste within the past 25 years, may be used for the construction of
a highway without first receiving approval from the Minister of the Environment
(Ontario Environmental Protection Act Part V s.46)). Sites known
to have been used for the disposal of wastes more than 25 years ago shall be
investigated to determine whether or not waste is still present on the site.
The site's current environmental condition including the potential for residual
contamination will be assessed and appropriate cleanup or other actions shall
be taken. |
| CON-5 |
Vehicle fuelling operations shall be carried out by persons
trained as per the requirements in the Liquid Fuels Handling Code
(Technical Standards and Safety Act, O.Reg 217/01 s.6). |
| CON-6 |
Any fuelling facility and associated equipment, such as temporary
aboveground storage tanks, shall conform to Technical Standards and Safety
Association Guidelines. |
| CON-7 |
Any storage of petroleum products (e.g. motor and hydraulic oils,
and lubricants) and propane or other compressed gas tanks shall be conducted in
conformance with the Technical Standards and Safety Association Guidelines, in
order to prevent any potential environmental impacts from product spillage,
leakage, explosions or fires. |
| CON-8 |
Any abnormal discharge (spill) of a substance into the natural
environment shall be reported to the Ministry of the Environment Spills Action
Centre (SAC), and cleaned up as quickly as possible, given the circumstances
surrounding the discharge, by the person(s) having control of the discharge.
Every practicable effort shall be taken to prevent, eliminate and ameliorate
the adverse effect and to restore the natural environment (Ontario
Environmental Protection Act Part X s.91, s.92 and s.93). |
| CON-9 |
Any contaminants or wastes encountered during transportation
planning and highway design, construction, operation and maintenance activities
shall be assessed and managed in accordance with the appropriate Ministry of
the Environment Acts and Regulations, Ministry of the Environment Guidelines,
Canadian Council of Ministers of the Environment Guidelines (for federal
properties) and Canadian Standards Association Standards, and in consultation
with the appropriate agencies. |
| CON-10 |
Stockpiling of contaminants or wastes shall be avoided where
possible. However, if stockpiling of contaminants or wastes is required the
stockpiling shall not exceed 90 days without approval from the Ministry of the
Environment Regional Director (Ontario Environmental Protection Act O.Reg
347 s.18 (10)). |
| CON-11 |
Transportation of wastes shall only be carried out by waste
haulers with a Ministry of the Environment Certificate of Approval for a
Waste Management System valid for the type of waste being transported
(Ontario Environmental Protection Act Part V s.41). |
| CON-12 |
Any solid and liquid wastes or excess materials generated during
highway construction, operations and maintenance activities shall be managed
through reuse wherever possible and in accordance with Ontario Provincial
Standard Specifications (OPSS 180) and Ontario Environmental
Protection Act Part V and Regulation 347. |
| CON-13 |
Wastes generated by highway construction, operation and
maintenance activities shall be taken for off site disposal to either a site
with a Ministry of the Environment Certificate of Approval for a Waste
Disposal Site valid for the type of waste to be disposed or to a treatment
facility with a valid Certificate of Approval for a Waste Management
System (Ontario Environmental Protection Act Part V). |
| CON-14 |
Prior to disposing of a subject waste (i.e. liquid industrial
waste and hazardous waste), the generator of that waste shall classify the
subject waste, register it in the Ministry of the Environment Hazardous
Waste Information Network (HWIN System) and in accordance with the Ontario
Environmental Protection Act (O.Reg 347 s.18) and shall have a
valid generator registration number. Generators of waste shall ensure that
wastes are stored, handled and disposed of in accordance with the Ontario
Environmental Protection Act (O.Reg 347 s.18). |
| CON-15 |
Generators of subject waste (i.e. liquid industrial waste and
hazardous waste), shall ensure that waste manifests are completed correctly for
each waste transferred and that all waste movements are properly identified and
tracked through the Ministry of the Environment Hazardous Waste Information
Network (HWIN System). (Ontario Environmental Protection Act O.Reg
347) |
| CON-16 |
For any existing utility lines broken or ruptured during highway
design investigations, construction, operations and maintenance activities,
timely action shall be taken to minimize the potential for soil and water
contamination. |
| CON-17 |
Pesticides shall only be used in accordance with the requirements
of the Ontario Pesticides Act and applied by a person licensed
under the Ontario Pesticides Act s.5 (1). |
| CON-18 |
Earth borrow material and other imported fill material to be used
for highway construction, operation and maintenance activities shall be free
from contaminants and wastes. |
| HER-1 |
The services of a cultural resource heritage specialist
experienced in environmental assessment work for built heritage and cultural
heritage landscapes shall be engaged for transportation planning and highway
design. (Guideline for Preparing the Cultural Heritage Component of
Environmental Assessments, 1992) |
| HER-2 |
Removal or demolition of cultural heritage resources designated
under the Ontario Heritage Act, Part IV or V, recognized or
protected by the Ontario Heritage Foundation, the Canadian Register of Historic
Places, the National Historic Sites and Monuments Board, the Federal Heritage
Building Review Office (FHBRO) and/or listed on municipal heritage inventories
shall not occur unless approved through the Environmental Assessment approval
process. (Guideline for Preparing the Cultural Heritage Component of
Environmental Assessments, 1992; Ontario Heritage Act. |
| HER-3 |
Cultural heritage resources that are of heritage value and are
considered to be important in defining the overall character of an area, but
which are not designated, listed or recognized by government, shall not be
removed or demolished, unless approved through the Environmental Assessment
process. (Guideline for Preparing the Cultural Heritage Component of
Environmental Assessments, 1992). |
| HER-4 |
Character-defining elements of built heritage features and
cultural heritage landscapes, shall be conserved unless it is demonstrated
through the Environmental Assessment approval process that it is not possible.
(Guideline for Preparing the Cultural Heritage Component of Environmental
Assessments, 1992). |
| HER-5 |
Isolation of built heritage features and cultural heritage
landscapes in the affected area due to the introduction of new project-related
features shall be avoided as much as possible in highway design. (Guideline
for Preparing the Cultural Heritage Component of Environmental Assessments,
1992). |
| ARC-1 |
Archaeological resources that may be disturbed by highway design
investigations, construction, operation or maintenance shall be identified and
conserved to the satisfaction of the Ministry of Culture, in accordance with
the Ontario Heritage Act. |
| ARC-2 |
Archaeologists shall perform all research, fieldwork, data
processing, report preparation and any site investigations and field-testing
required in accordance with the Ontario Heritage Act O.Reg
212/82. |
| ARC-3 |
Avoid conducting any land-disturbing activity that could alter
known archaeological sites for which there are remaining archaeological
concerns as identified by the Ministry of Culture as per the Ontario
Heritage Act, the Environmental Assessment Act, and the
Planning Act. |
| ARC-4 |
No land-disturbing activity or any land-covering or capping
activity shall be carried out in areas that have not been subject to
archaeological assessment by an archaeologist licensed by the Province of
Ontario to undertake such assessments, unless the relevant federal and/or
provincial authorities in charge of heritage preservation have determined that
archaeological assessment is not required, as per the Ontario Heritage
Act, the Ontario Environmental Assessment Act, and the
Ontario Planning Act. |
| ARC-5 |
Archaeological assessment, test excavation, and mitigative
excavation shall be conducted by an archaeologist licensed by the Ministry of
Culture to perform the work required, in accordance the Ontario Heritage
Act. |
| ARC-6 |
Archaeological assessments shall be conducted with the intention
to provide complete identification and description of deposits to be impacted
by soil disturbance associated with construction, operation, or maintenance; to
produce a thorough evaluation of the deposits; to generate recommendations for
impact mitigation; and to produce in a timely fashion reports which clearly
document the methods, results, and recommendations of the assessment as per the
Ontario Heritage Act, the Ontario Environmental Assessment
Act, and the Ontario Planning Act. |
| NOISE-1 |
During design of a new or modified highway, a noise assessment by
a qualified acoustical specialist is required for the Outdoor Living Areas of
Noise Sensitive Areas. Future sound levels shall be assessed with and without
the proposed improvements. The objective for outdoor sound levels is to achieve
the future predicted ambient that would occur without the proposed highway. The
significance of a noise impact will be quantified by using this objective in
addition to the change in sound level above the ambient (i.e. the future sound
level without the proposed improvements is compared to the future sound level
with the proposed improvement).
The mitigation efforts to be applied for various noise level
increases are as follows:
| Change in Noise Level Above Ambient |
Mitigation Effort |
| 0 - 5 dBA |
|
| > 5 dBA |
- Investigate noise control measures on
right-of-way.
- If project cost is not significantly affected introduce
noise control measures within right-of-way.
- Noise control measures, where introduced, should
achieve a minimum of 5 dBA attenuation, over first row receivers.
- Mitigate to ambient, as administratively, economically,
and technically feasible.
|
|
| NOISE-2 |
Highway construction shall be undertaken in a manner to minimize
noise levels and identify a process for dealing with public complaints during
construction. Pile driving and blasting operations shall be in accordance with
Ontario Provincial Standard Specifications (OPSS 120) and Ministry of
the Environment Publication NPC-119. |
