(a) Effect of the operation on the environment
The Act defines "environment" as the air, land and water, or any combination or part thereof
of the Province of Ontario. This refers to the on-site and off-site conditions.
Existing and potential impacts must be considered for the extraction operation either on-site
(b) Effect of the operation on nearby communities
Matters which may impact nearby communities can include: noise, dust, vibration, truck
traffic, and surface water and groundwater impacts. Many of the impacts associated with an
operation (e.g. noise, dust) may be mitigated through the Prescribed Conditions.
(c)
(g) Planning and land use considerations
The location of land described in the site plan must comply with all relevant zoning by-laws.
If doubt exists, especially with legal non-conforming status, the Minister may require the
applicant to refer the matter to the Superior Court of Justice for a declaratory judgement.
The local, county or regional municipality or the Ministry of Municipal Affairs and Housing
(MMAH) will address any local planning concerns and conformity to the appropriate zoning
by-laws.
Municipal comments must indicate the site is zoned or needs to be re-zoned to allow the
establishment of a pit or quarry. Legal non-conforming use is considered appropriate
zoning.
(h) Main haulage routes and proposed truck traffic to and from the site
These items must be addressed within the summary statement (Class ‘A’ licence
applications only), site plan and technical reports. A review of the potential impacts should
also include comments from municipalities and the public.
Have regard to any municipal or Ministry of Transportation (MTO) comments respecting
existing traffic patterns, additional truck traffic, road conditions, dust/noise, safety, alternate
routes, and other potential traffic implications. Ensure that all necessary permits have been
issued prior to the licence being issued. If the commenting authority sees no problem with
the entrance and they will only issue the permit subject to a licence being issued, then a
condition must be placed on the site plan indicating that no material can leave the site until
(j) Applicant's past history of compliance
The Aggregate Inspector should determine whether the applicant has a past history of
repeated violations under the Act, the regulations or site plan with respect to other licences
or permits he/she holds, and whether these violations have been corrected or are still
outstanding.
For the purposes of this section, a contravention disclosed by the applicant in an annual
compliance report under sections 15.1 or 40.1 may not be considered if the applicant
complied with clause 15.1(5)(a) or clause 40.1(5)(a), namely, remedied the contravention
within the approved/prescribed period and immediately ceased the violation.
(k)
