STEP 1: Measuring and recording the information needed to make a complaint

Before we get into the details, just a quick note of caution about one type of noise from aggregate operations that you cannot complain about. Sometimes, usually for a few days in early Spring or late Fall, the noise from the aggregate operation may be much louder than the normal levels. Before you think about complaining, check to see what is causing the extra-loud noise. Once or twice a year operators may bring in very heavy equipment to strip the top layers of soil and overburden from a new section of the land in preparation for excavation the following year. The noise produced by this equipment is defined as “construction noise” and is exempt from the Noise Guidelines. Although you cannot complain about this kind of noise, it should only continue for a week or so at the most. Aggregate operators usually try to get it done as quickly as possible because the use of the heavy equipment is very costly. You should complain however if the construction noise seems to continue for an unreasonable time.

Now let’s get to the details. One of the first things to do is to determine where you will stand to listen to the noise coming from the aggregate operation. For rural areas the publication NPC 232 (Sound Level Limits for Stationary Sources in Class 3 Areas (Rural)) states that the noise should be measured “at a point of reception within 30 m of a dwelling or a camping area”. Stand at the part of your house where the noise is loudest and move towards the noise source for a distance of thirty metres (30 m – about 98 ft.). You may want to mark the position so that you can return to it easily. The EPA states that you should not experience an adverse effect due to excessive noise that results in “the loss of enjoyment of normal use of property”. You should be able to be anywhere within 30 m of your house and not be excessively bothered by the noise.

Standing at that position you now need to establish the reference noise level that normally occurs when the aggregate operation is NOT working. Listen to the level of the sounds that are a part of the normal pattern you hear on a regular basis. This level is what is known as the "background sound level". It is the sound level that is present in the environment, produced by noise sources other than the aggregate operation. However, remember that, as it states in NPC 232,  “highly intrusive short duration noise caused by a source such as an aircraft fly-over or a train pass-by is excluded from the determination of the background sound level”. In other words, ignore temporary loud sounds made by objects not normally operating in the area. If you don’t have the use of a sound level meter, try to remember the loudness of the background sound level at that position.

The next time the normal kinds of noise coming from the aggregate operation seem excessive, stand at the measuring position and make a mental comparison. If the noise from the aggregate operation is noticeably louder than the background noise, there is probably a violation of the legal limit. Unfortunately, one of the major problems of making a formal complaint just based on your estimation of the noise level (as described above) is that the MNR will probably not take your complaint very seriously. You will have much more credibility if you are able to use a sound level meter (SLM) to measure the actual loudness of the noise in decibels. If you don’t own a sound level meter you may (should?) be able to borrow one from a nearby member of Gravel Watch Ontario.

When you make the sound level measurement as the basis of your complaint, remember to record the sound level in dBA, the make and model number of the sound level meter, the date, time of day/night, weather conditions (approximate wind speed and its direction, cloud cover, temperature, rain, etc.), the aggregate operation causing the noise (there may be several in the area), and any other items that you think might be appropriate. These details will be an important part of the complaint letter you will send to the MNR/MOE. Keep the recorded data for each of the times you record excessive noise in a folder for easy reference in case the MNR asks for details (sometimes) months later.

Sound levels are measured in decibels (dB). To become knowledgeable about how sounds are produced and travel through the air, and how to measure sounds using a sound level meter refer to “Understanding and measuring sound”. In rural Ontario the background sound level during the day commonly has a value of 40 – 45 dBA. If you live beside a heavily travelled road the increased noise from the traffic will typically increase the background sound level to about 50 dBA. During the night there is usually much less noise-producing activity, and background sound levels can typically be anywhere from 30 – 45 dBA. It is for this reason that the rural sound level limits in NPC 232 (Rural) have been specified at 45 dBA during the day and drops to 40 dBA at night. On roads where there is heavier traffic the sound level limits in NPC 205 (Urban – Class 2) have been specified at 50 dBA during the day and 45 dBA at night.