Amendments to Site Plans without Minister Approval under Subsections 13 (3.2) and 37.2 (5) of Act
 7.2 (1) For the purposes of subsections 13 (3.2) and 37.2 (5) of the Act and subject to subsections (2) and (3), the following amendments to a site plan are prescribed as the amendments that the licensee or holder of an aggregate permit may make to a site plan without the approval of the Minister: 1. An amendment to a site plan to update the name and contact information of the licensee or permittee following a transfer of the licence under section 18 of the Act or a transfer of the permit under section 41 of the Act. 2. An amendment to a site plan to change the type of fencing. 3. An amendment to a site plan to add any of the following to an area of the site other than an area within a setback or buffer or within an area protected by the setback or buffer: i. In the case of a licence, a temporary building or structure that is required for a purpose incidental to the operation of the pit or quarry and that will be removed prior to the surrender of the licence. ii. A scrap storage area that is no larger than 300 square metres, except if a scrap storage area already exists on the site. iii. A stockpile of aggregate, topsoil, overburden or recycled material. iv. An internal haul road located entirely within the licence or permit boundary and outside of the setback area identified in paragraph 13 of subsection 0.13 (1), except an internal haul road that would create a new entrance or exit to the site. 4. If a site plan shows any of the following as being located in an area of the site that is not within a setback or buffer or within an area protected by the setback or buffer, an amendment to the site plan to remove it from the site or to move it to another location on the site that is also not within a setback or buffer or within an area protected by the setback or buffer: i. In the case of a licence, a temporary building or structure that is required for a purpose incidental to the operation of a pit or quarry. ii. A scrap storage area. iii. A stockpile of aggregate, topsoil, overburden or recycled material, except a stockpile that is required to remain at its existing location for the purpose of screening adjoining lands from the operation of the site. iv. An internal haul road, except a relocation of an internal haul road that would create a new entrance or exit to the site. 5. An amendment to a site plan to add a provision that would allow aggregates from outside the site to be imported onto the site if the following rules are respected by the operator and are added to the site plan by the licensee or permittee: i. All imported aggregate shall be used solely for the purpose of blending with onsite material for resale. ii. The quantity of imported aggregate removed from the site each year shall be tracked and reported on the return made under section 14.1 of the Act or subsection 46 (2) of the Act. iii. The quantity of imported aggregate removed from the site each year shall count toward the total amount of aggregate that the licensee or permittee is entitled to remove from the site under the licence or permit. 6. Despite clause (2) (d), an amendment to a site plan to remove a provision relating to the importation or use of material imported for rehabilitation purposes if the site plan was approved prior to July 1, 2022 and the provision does any of the following: i. It specifies the quality of excess soil that can be deposited at the site of the pit or quarry for rehabilitation purposes. ii. It requires sampling of excess soil after being received at the site. iii. It requires annual reporting to the Ministry regarding excess soil imported for rehabilitation purposes. iv. It requires notification to the Ministry when excess soil is received at the site. 7. In the case of a licence, an amendment to a site plan to allow the importation of concrete, asphalt, brick, glass or ceramics for recycling, if the following requirements are satisfied: i. Zoning by-laws for the site specifically allow the recycling of concrete, asphalt, brick, glass or ceramics at the site, or the local municipality has confirmed in writing that zoning by-laws allow the recycling of concrete, asphalt, brick, glass or ceramics, in which case, a copy of that confirmation is submitted to the Minister at the same time as the other documents required to be submitted to the Minister under subsection 7.4 (1). ii. The site plan already includes a provision allowing the processing of aggregates, including crushing, screening or blending of aggregates, to occur at the site. iii. If any processing areas are identified on the site plan, the imported concrete, asphalt, brick, glass or ceramics must be placed within those areas. iv. If no processing areas are identified on the site plan, the imported concrete, asphalt, brick, glass or ceramics shall be placed at a location that is not a setback or buffer area identified on the site plan or an area protected by the setback or buffer, and the location of the materials shall be added to the site plan. v. Provisions must be added to the site plan setting out the following requirements: A. Any imported asphalt shall not be placed within 30 metres of any body of water or within 2 metres of the ground water table. B. The imported concrete, asphalt, brick, glass or ceramics shall not be mixed with scrap. C. There shall be no further importation of concrete, asphalt, brick, glass or ceramics for recycling once excavation on the site has completed. D. The maximum amount of concrete, asphalt, brick, glass or ceramics imported for recycling that may be placed on the site at any given time shall be the lesser of 20,000 tonnes or 10 per cent of the maximum quantity of aggregate allowed to be removed from the site annually, and the amount of any recycled aggregate produced from the imported concrete, asphalt, brick, glass or ceramics that is removed from the site shall count toward the maximum quantity of aggregate allowed to be removed from the site annually. 8. An amendment to add or relocate an entrance or exit to the site, if the following requirements are satisfied: i. Construction work must not occur within any setback or buffer area identified on the site plan or within an area protected by the setback or buffer, other than any setback or buffer area along the boundary of the site. ii. If the proposed entrance or exit is on a private road, permission has been obtained in writing from the owner of the private road and is submitted to the Minister at the same time as the other documents required to be submitted to the Minister under subsection 7.4 (1). iii. If the proposed entrance or exit is not on a private road, a copy of any approval by the local municipality, local roads board or Ministry of Transportation is submitted to the Minister at the same time as the other documents required to be submitted to the Minister under subsection 7.4 (1). 9. An amendment to allow the addition or relocation of portable processing equipment, if the following requirements are satisfied: i. Zoning by-laws for the site specifically allow the use of the equipment as an accessory use, or the local municipality has confirmed in writing that zoning by-laws allow the use of the equipment, in which case, a copy of that confirmation is submitted to the Minister at the same time as the other documents required to be submitted to the Minister under subsection 7.4 (1). ii. There is no sensitive receptor located within 150 metres of the boundary of the site. iii. A provision must be added to the site plan requiring that the portable processing equipment not be located within 30 metres of the boundary of the site or within 90 metres of any part of the boundary of the site that abuts land that is used for residential purposes. iv. If processing areas are identified on the site plan, the portable processing equipment must be located within any of those areas. v. If no processing areas are identified on the site plan, the portable processing equipment shall be placed at a location that is not a setback or buffer area identified on the site plan or an area protected by the setback or buffer, and the location of the equipment shall be added to the site plan. vi. If applicable, a copy of the environmental compliance approval required under the Environmental Protection Act in respect of the equipment is submitted to the Minister at the same time as the other documents required to be submitted to the Minister under subsection 7.4 (1). 10. An amendment to allow the addition or relocation of portable concrete or asphalt plants, if the following requirements are satisfied: i. The site is supplying aggregate for a public authority project. ii. A provision must be added to the site plan requiring that the portable concrete or asphalt plants be removed when the public authority project is completed. iii. A provision must be added to the site plan requiring that the portable concrete or asphalt plants not be located within 30 metres of the boundary of the site or within 90 metres of any part of the boundary of the site that abuts land that is used for residential purposes. iv. If any processing areas are identified on the site plan, the portable concrete or asphalt plants must be placed within those areas. v. If no processing areas are identified on the site plan, the portable concrete or asphalt plants shall be placed at a location that is not a setback or buffer area identified on the site plan or an area protected by the setback or buffer, and the location of the plants shall be added to the site plan. vi. The portable concrete or asphalt plants shall not be placed within a vulnerable area for the protection of drinking water sources where the handling and storage of fuel would be a significant drinking water threat within the meaning of the Clean Water Act, 2006. vii. If applicable, a copy of the environmental compliance approval required under the Environmental Protection Act in respect of the plants is submitted to the Minister at the same time as the other documents required to be submitted to the Minister under subsection 7.4 (1). 11. An amendment to allow the addition or relocation of above-ground fuel storage tanks, if the following requirements are satisfied: i. A provision is added to the site plan requiring fuel storage tanks to be installed and maintained in accordance with the Liquid Fuels Handling Code adopted as part of Ontario Regulation 217/01 (Liquid Fuels) under Ontario Regulation 223/01 (Codes and Standards Adopted by Reference) made under the Technical Standards and Safety Act, 2000. ii. The total volume of fuel stored at the site must not exceed 5,000 litres. iii. The specific location of fuel storage tanks is identified on the site plan. iv. The storage tanks shall not be placed within a vulnerable area for the protection of drinking water sources where the handling and storage of fuel would be a significant drinking water threat within the meaning of the Clean Water Act, 2006. v. Fuel storage tanks are not located within 30 metres of any body of water or within 2 metres of the groundwater table. vi. Copies of any relevant approvals under any other Acts or regulations are submitted to the Minister at the same time as the other documents required to be submitted to the Minister under subsection 7.4 (1). 12. An amendment to allow the removal of portable processing equipment, portable concrete or asphalt plants or above-ground fuel storage tanks. O. Reg. 466/20, s. 10; O. Reg. 395/22, s. 2 (1); O. Reg. 262/23, s. 5. (1.1) In paragraph 6 of subsection (1), “excess soil” has the same meaning as in Ontario Regulation 406/19 (On-Site and Excess Soil Management) made under the Environmental Protection Act. O. Reg. 395/22, s. 2 (2). (2) An amendment described under subsection (1) shall not be made by a licensee or permittee if the amendment, (a) would conflict with the Act, the regulations, any other Act or regulation or any licence, permit or approval issued under the Act, the regulations or any other Act or regulation; (b) would conflict with any condition of the licence or permit; (c) would affect any provision or restriction on the site plan that was added to the site plan, (i) to address comments submitted during the licence or permit application process, or (ii) by an amendment required by the Minister under clause 13 (1) (b) or 37.2 (1) (b) of the Act; (d) would affect the approved progressive or final rehabilitation of the site; or (e) in the case of a pit or quarry that is located within an area of development control under the Niagara Escarpment Planning and Development Act, has not been approved by a development permit or exempted from a development permit under that Act. O. Reg. 466/20, s. 10. (3) If a licensee or permittee amends a site plan to add to the site or relocate on the site a building, structure, scrap storage area, stockpile or internal haul road described in paragraph 3 or 4 of subsection (1), the licensee or permittee shall also add a provision to the site plan indicating that the location of the building, structure, scrap storage area, stockpile or internal haul road is restricted to an area of the site that is not within a setback or buffer or within an area protected by the setback or buffer. O. Reg. 466/20, s. 10. (4) For greater certainty, an amendment made under paragraphs 3 and 4 of subsection (1) does not authorize the importation of topsoil or recycled material. O. Reg. 466/20, s. 10.