O. Reg. 338/09: GENERAL


Published: 2009-09-18

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ontario regulation 338/09

made under the

nutrient management act, 2002

Made: September 17, 2009
Filed: September 18, 2009
Published on e-Laws: September 22, 2009
Printed in The Ontario Gazette: October 3, 2009


Amending O. Reg. 267/03

(General)

1. (1) Subsection 1 (1) of Ontario Regulation 267/03 is amended by adding the following definition: 

“adverse effect” means an adverse effect described in subsection 18 (3) of the Act; (“conséquence préjudiciable”)

(2) The definition of “agricultural source material” in subsection 1 (1) of the Regulation is revoked and the following substituted: 

“agricultural source materials” or “ASM” means any of the following treated or untreated materials, other than compost that meets the Compost Guidelines, or a commercial fertilizer, if they are capable of being applied to land as nutrients:

1. Manure produced by farm animals, including associated bedding materials.

2. Runoff from farm-animal yards and manure storages.

3. Washwaters from agricultural operations that have not been mixed with human body waste.

4. Organic materials produced by intermediate operations that process materials described in paragraph 1, 2 or 3.

5. Anaerobic digestion output, if,

i. the anaerobic digestion materials were treated in a mixed anaerobic digestion facility,

ii. at least 50 per cent, by volume, of the total amount of anaerobic digestion materials were on-farm anaerobic digestion materials, and

iii. the anaerobic digestion materials did not contain sewage biosolids or human body waste.

6. Regulated compost as defined in subsection 1 (1) of Ontario Regulation 106/09 (Disposal of Dead Farm Animals) made under the Act;  (“matières de source agricole”, “MSA”)

(3) Subsection 1 (1) of the Regulation is amended by adding the following definition:

“Agronomy Guide for Field Crops” means the Agronomy Guide for Field Crops, Publication 811, published by the Ministry of Agriculture, Food and Rural Affairs in 2009; (“guide agronomique des grandes cultures”)

(4) The definition of “anaerobic digestion” in subsection 1 (1) of the Regulation is amended by striking out “decomposition of organic matter” and substituting “decomposition of organic matter by bacteria”.

(5) Subsection 1 (1) of the Regulation is amended by adding the following definition:

“Building Code” means Ontario Regulation 350/06 (“Building Code”) made under the Building Code Act, 1992; (“code du bâtiment”)


(6) Subsection 1 (1) of the Regulation is amended by adding the following definitions:

“Category 1 non-agricultural source materials” or “Category 1 NASM” means non-agricultural source materials described in Table 1 of Schedule 4; (“matières de source non agricole de catégorie 1”, “MSNA de catégorie 1” ) 

“Category 2 non-agricultural source materials” or “Category 2 NASM” means non-agricultural source materials described in Table 2 of Schedule 4; (“matières de source non agricole de catégorie 2”, “MSNA de catégorie 2”)

“Category 3 non-agricultural source materials” or “Category 3 NASM” means non-agricultural source materials described in Table 3 of Schedule 4; (“matières de source non agricole de catégorie 3”, “MSNA de catégorie 3”)

(7) Subsection 1 (1) of the Regulation is amended by adding the following definitions:

“CM1”, when used in reference to NASM, means that its content of a regulated metal does not exceed the concentration set out in Column 2 or 3 of Table 1 of Schedule 5; (“TM1”)

“CM2”, when used in reference to NASM, means that its content of a regulated metal exceeds that of CM1 NASM but does not exceed the concentration set out in Column 2 or 3 of Table 2 of Schedule 5; (“TM2”)

(8) Subsection 1 (1) of the Regulation is amended by adding the following definition:

“commercial, community or institutional use” means any commercial, community or institutional use, including without limitation the use of land for,

(a) an office building,

(b) a hotel, motel, hostel or similar type of accommodation,

(c) an overnight camp or overnight campgrounds,

(d) indoor recreational or sporting activities,

(e) indoor gatherings for civic, religious or social purposes,

(f) indoor performing arts activities,

(g) a railway station, airport passenger terminal or other embarkation or debarkation point for travellers,

(h) a day care centre,

(i) educational purposes, including a school, college, university, private career college or associated residence,

(j) a health care facility, or

(k) a penitentiary, jail or other place of custody or detention; (“utilisation commerciale, communautaire ou institutionnelle”)

(9) Subsection 1 (1) of the Regulation is amended by adding the following definition:

“Compost Guidelines” means the guidelines entitled Interim Guidelines for the Production and Use of Aerobic Compost in Ontario prepared by the Ministry of the Environment and dated November 2004; (“lignes directrices pour le compost”)

(10) Subsection 1 (1) of the Regulation is amended by adding the following definitions:

“CP1”, when used in reference to NASM, means that its content of a pathogen named in Column 1 of Table 1 or Table 2 of Schedule 6 does not exceed the level set out in Column 2 or 3 of Table 1 or Column 2 or 3 of Table 2; (“TP1”)

“CP2”, when used in reference to NASM, means that,

(a) its content of E. coli exceeds that of CP1 NASM but does not exceed the level set out in Column 2 or 3 of Table 3 of Schedule 6, or

(b) its content of a pathogen other than E. coli named in Column 1 of Table 1 or Table 2 of Schedule 6 exceeds that of CP1 NASM, but its content of E. coli does not exceed that of CP2 NASM; (“TP2”)

(11) Subsection 1 (1) of the Regulation is amended by adding the following definition:

“Drainage Guide” means the Drainage Guide for Ontario, Publication 29, published by the Ministry of Agriculture, Food and Rural Affairs in 2007; (“Guide de drainage”)

(12) The definition of “Drainage Guide for Ontario” in subsection 1 (1) of the Regulation is revoked.

(13) Subsection 1 (1) of the Regulation is amended by adding the following definition:

“dwelling” means a structure that is used as a residence, including a mobile home or a seasonal home, but not including a structure that is in a residential area;  (“logement”)

(14) The definition of “frozen soil” in subsection 1 (1) of the Regulation is revoked.

(15) The definition of “hydrologic soil group AA” in subsection 1 (1) of the Regulation is revoked and the following substituted:

“hydrologic soil group” means a hydrologic soil group determined in accordance with the Drainage Guide;  (“groupe hydrologique de sols”)

(16) Subsection 1 (1) of the Regulation is amended by adding the following definitions:

“NASM application area” means the part or parts of the land of a farm unit to which NASM is applied; (“zone d’épandage de MSNA”) 

“NASM Odour Guide” means,

(a) the document of that name prepared by the Ministry of Agriculture, Food and Rural Affairs and the Ministry of the Environment for the purposes of this Regulation and dated September 14, 2009, and

(b) Table 3 (NASM Odour Category Table) of the Nutrient Management Tables;  (“guide des odeurs MSNA”)

“NASM plan” means a nutrient management plan for the management of NASM and other nutrients that may be applied to NASM application areas or stored in NASM storage facilities; (“plan MSNA”) 

“NASM plan area” means a NASM application area together with any associated NASM storage facility on the same farm unit; (“zone assujettie à un plan MSNA”)

“NASM storage facility” means a permanent nutrient storage facility or temporary field nutrient storage site that,

(a) is used to store NASM, and

(b) is not subject to a certificate of approval or provisional certificate of approval under Part V of the Environmental Protection Act;  (“installation d’entreposage de MSNA”)

(17) The definition of “non-agricultural source material” in subsection 1 (1) of the Regulation is revoked and the following substituted:

“non-agricultural source materials” or “NASM” means any of the following materials, other than compost that meets the Compost Guidelines, or a commercial fertilizer, if the materials are intended to be applied to land as nutrients:

1. Pulp and paper biosolids.

2. Sewage biosolids.

3. Anaerobic digestion output, if less than 50 per cent, by volume, of the total amount of anaerobic digestion materials that were treated in the mixed anaerobic digestion facility were on-farm anaerobic digestion materials.

4. Any other material that is not from an agricultural source and that is capable of being applied to land as a nutrient; (“matières de source non agricole”, “MSNA”)

(18) The definition of “Nutrient Management Protocol” in subsection 1 (1) of the Regulation is revoked and the following substituted:

 “Nutrient Management Protocol” means,

(a) the document of that name prepared by the Ministry of Agriculture, Food and Rural Affairs and the Ministry of the Environment for the purposes of this Regulation and dated September 14, 2009, and

(b) Table 1 (Nutrient Unit Livestock Information Table) and Table 2 (Manure Databank) of the Nutrient Management Tables;  (“protocole de gestion des éléments nutritifs”)

“Nutrient Management Tables” means the document of that name, as amended from time to time, prepared by the Ministry of Agriculture, Food and Rural Affairs and the Ministry of the Environment for the purposes of the NASM Odour Guide and the Nutrient Management Protocol; (“tableaux de gestion des éléments nutritifs”)

(19) Subsection 1 (1) of the Regulation is amended by adding the following definitions:

“OC1”, when used in reference to NASM, means that it has an odour detection threshold of less than 500 odour units per cubic metre as determined in accordance with the NASM Odour Guide; (“CO1”)

“OC2”, when used in reference to NASM, means that it has an odour detection threshold of 500 or more but less than 1500 odour units per cubic metre as determined in accordance with the NASM Odour Guide; (“CO2”)

“OC3”, when used in reference to NASM, means that it has an odour detection threshold of 1500 or more but less than 4500 odour units per cubic metre as determined in accordance with the NASM Odour Guide; (“CO3”)

(20) Subsection 1 (1) of the Regulation is amended by adding the following definition:

“permanent liquid NASM storage facility” means a NASM storage facility that is a permanent liquid nutrient storage facility; (“installation permanente d’entreposage de MSNA liquides”)

(21) Subsection 1 (1) of the Regulation is amended by adding the following definition:

“permanent NASM storage facility” means a NASM storage facility that is a permanent nutrient storage facility; (“installation permanente d’entreposage de MSNA”)

(22) The definition of “permanent nutrient storage facility” in subsection 1 (1) of the Regulation is amended by striking out “or” at the end of clause (c), by adding “or” at the end of clause (d) and by adding the following clause:

(e) a regulated mixed anaerobic digestion facility;

(23) Subsection 1 (1) of the Regulation is amended by adding the following definition:

“permanent solid NASM storage facility” means a NASM storage facility that is a permanent solid nutrient storage facility; (“installation permanente d’entreposage de MSNA solides”)

(24) The French version of the definition of “pulp and paper biosolids” in subsection 1 (1) of the Regulation is revoked and the following substituted:

«biosolides de papetières» Matières solides ou liquides provenant du traitement des eaux usées produites par un fabricant de pâte, de papier, de papier recyclé ou de produits de papier, y compris le carton ondulé.  («pulp and paper biosolids»)

(25) Subsection 1 (1) of the Regulation is amended by adding the following definition:

 “regulated metal” means arsenic, cadmium, cobalt, chromium, copper, lead, mercury, molybdenum, nickel, selenium or zinc; (“métal règlementé”)

(26) The definition of “runoff” in subsection 1 (1) of the Regulation is revoked.

(27) The definition of “Sampling and Analysis Protocol” in subsection 1 (1) of the Regulation is amended by striking out “July 20, 2007” and substituting “September 14, 2009”.


(28) The French version of the definition of “sewage biosolids” in subsection 1 (1) of the Regulation is revoked and the following substituted:

«biosolides d’égouts»  Résidus provenant d’une station de traitement des eaux d’égout à la suite du traitement des égouts et de l’évacuation des effluents. («sewage biosolids»)

(29) The definition of “snow-covered soil” in subsection 1 (1) of the Regulation is revoked.

(30) Subsection 1 (1) of the Regulation is amended by adding the following definition:

“transfer date”, when used in reference to NASM, means,

(a) the date of land application, if the NASM is generated in an intermediate operation on the same farm unit where it is applied, or

(b) the date on which the NASM is removed from the place where it is generated, in all other cases; (“date de transfert”)

(31) Subsection 1 (1) of the Regulation is amended by adding the following definition:

“untreated septage” means one or more of the following materials that has not been treated to reduce pathogens:

1. Human body waste.

2. Toilet or other bathroom waste.

3. Material described in paragraph 1 or 2 that is mixed with other materials for a reason other than treatment;  (“boues non traitées”)

2. Section 4 of the Regulation is revoked.

3. The Regulation is amended by striking out the heading “Farm Units” before section 5 and substituting the following:

Farm Units, NASM Plan Areas, NASM Application Areas and NASM Storage Facilities

4. Paragraph 1 of subsection 5 (1) of the Regulation is amended by striking out “adverse effect described in subsection 18 (3) of the Act” and substituting “adverse effect”.

5. The Regulation is amended by adding the following sections:

NASM plan areas

5.1 The following rules apply to NASM plan areas:

1. The person who owns or controls an agricultural operation to which section 15.2 applies has discretion, subject to paragraphs 2 to 5, to define NASM plan areas.

2. A separate NASM plan is required for each NASM plan area.

3. More than one NASM plan area may be included within the same farm unit. 

4. All of a NASM plan area must be included within one farm unit.

5. No NASM application area shall be included within more than one NASM plan area.

NASM application areas

5.2 The following rules apply to NASM application areas:

1. A NASM application area has no minimum size.

2. More than one NASM application area may be included within the same NASM plan area.

3. All of a NASM application area must be included within one NASM plan area.

4. No land can be included within more than one NASM application area.

NASM storage facilities

5.3 The following rules apply to NASM storage facilities:

1. A NASM storage facility is not required to be contiguous to the NASM application area with which it is associated.

2. A NASM storage facility may be associated with more than one NASM application area, including application areas that are part of different NASM plan areas within the same farm unit.

3. A NASM plan area,

i. may include one or more NASM storage facilities, and

ii. is not required to include any NASM storage facility.

4. A permanent nutrient storage facility or temporary field nutrient storage site that is used to store NASM and is subject to a certificate of approval or provisional certificate of approval under Part V of the Environmental Protection Act,

i. is not a NASM storage facility for the purposes of this Regulation, and

ii. is not part of a NASM plan area.

6. (1) Subsections 6 (1) and (2) of the Regulation are revoked and the following substituted:

Application of Regulation

(1) This Regulation, except for sections 52.6, 98.11 and 98.12 and Part IX.2, does not apply to a farm unit if the number of farm animals on the farm unit is not sufficient to generate more than five nutrient units of manure annually.

(2) For the purposes of subsection (1), the number of farm animals may be counted on a single day.

(2) Subsection 6 (3) of the Regulation is revoked and the following substituted:

(3) Despite subsection (1), this Regulation applies to an agricultural operation carried out on a farm unit to which subsection 11 (4.1) applies, whatever the number of nutrient units that are generated by the farm unit.

(4) Despite subsection (1), this Regulation applies to an agricultural operation carried out on a NASM plan area in any calendar year in which NASM is applied to a NASM application area that is part of the NASM plan area or stored in an associated NASM storage facility, whatever the number of nutrient units that are generated by the relevant farm unit.

(5) Despite subsection (1), if the person who owns or controls the land on which an agricultural operation is carried out submits an application for a building permit under the

Building Code Act, 1992 with respect to any building or structure that is used to house farm animals or to store manure, that is located or to be located on the land and that would increase the capacity of the operation so that it could generate more than five nutrient units of manure annually, sections 10 and 27 apply to the operation on the day on which the person submits the application.

(6) Despite subsection (1), if the person who owns or controls the land on which an agricultural operation is carried out constructs or causes to be constructed any building or structure that is used to house farm animals or to store manure, that is located or to be located on the land and that would increase the capacity of the operation so that it could generate more than five nutrient units of manure annually, if a building permit in respect of the building or structure would be required under the Building Code Act, 1992 but for the application of clause 1.3.1.1. (1) (b) of Division C of the Building Code, sections 10 and 27 apply to the operation on the day on which the person constructs the building or structure or causes it to be constructed.

7. The Regulation is amended by striking out the heading “Conflict” before section 8 and substituting the following:

Conflict and Multiple Requirements

8. Part I of the Regulation is amended by adding the following section:

Multiple requirements under Regulation

8.1 (1) If the application of this Regulation results in more than one rate of application of specific nutrients to land, the lowest rate of application prevails.

(2) If the application of this Regulation results in more than one setback distance with respect to the application of specific nutrients, the greatest setback distance prevails.

9. Part I of the Regulation is amended by adding the following sections:

Approvals under Part v of Environmental Protection Act

Land application of certain materials only under Part V of Environmental Protection Act

8.2 Nothing in this Regulation authorizes the land application of the following materials, which may be applied to land only in accordance with a certificate of approval or provisional certificate of approval issued under Part V of the Environmental Protection Act:

1. Untreated septage.

2. Non-agricultural source materials whose content of a regulated metal exceeds that of CM2 NASM.

3. Non-agricultural source materials whose content of E. coli exceeds that of CP2 NASM.

4. Non-agricultural source materials whose odour detection threshold exceeds that of OC3 NASM.

Exemption, Part V of Environmental Protection Act

8.3 (1) A NASM plan area that satisfies the following requirements is exempt from Part V of the Environmental Protection Act and from Regulation 347 of the Revised Regulations of Ontario, 1990 (General — Waste Management) made under that Act:

1. The NASM that is applied to the land or stored on it does not have,

i. metal concentrations exceeding CM2,

ii. pathogen levels exceeding CP2, or

iii. an odour detection threshold exceeding OC3.

2. The NASM plan and the management of NASM on the NASM plan area comply with this Regulation.

(2) The exemption described in subsection (1) does not apply to a storage site or facility used for the storage of NASM if,

(a) the NASM is intended for use on a different farm unit; or

(b) the storage site or facility is subject to a certificate of approval or provisional certificate of approval under Part V of the Environmental Protection Act.

10. The heading to Part II of the Regulation is revoked and the following substituted:

Part II
Nutrient Management Strategies, Plans and Nasm Plans: General

11. Section 9 of the Regulation is revoked and the following substituted:

Nutrient Management Strategies

Application of strategies

9. (1) A nutrient management strategy applies to an agricultural operation carried out on a farm unit.

(2) A separate nutrient management strategy is required for each farm unit on which an agricultural operation to which a nutrient management strategy applies is carried out.

12. Subsections 10 (1) and (2) of the Regulation are revoked and the following substituted:

Compliance with Strategy

(1) A person who owns or controls an agricultural operation to which this section applies shall ensure that prescribed materials generated on a farm unit in the course of the operation are managed in accordance with a nutrient management strategy that is in force with respect to the operation and the farm unit.

(2) No person shall manage prescribed materials that are generated on a farm unit in the course of an agricultural operation to which this section applies except in accordance with a nutrient management strategy that is in force with respect to the operation and the farm unit.

13. Clause 11 (4) (b) of the Regulation is amended by striking out “clause 2.4.1.1. (1) (b) of Ontario Regulation 403/97 (Building Code)” and substituting “clause 1.3.1.1. (1) (b) of Division C of the Building Code”.

14. (1) Subsection 12 (1) of the Regulation is revoked and the following substituted:

Phasing-in, non-agricultural operations

(1) Section 10 applies to a municipal sewage treatment works that generates sewage biosolids and has an approved design capacity of more than 45,400 cubic metres per day.

(2) Section 12 of the Regulation is revoked.

15. Section 14 of the Regulation is revoked and the following substituted:

Compliance with plan

14. (1) A person who owns or controls an agricultural operation to which this section applies shall ensure that any nutrients that are applied to the land of a farm unit in the course of the operation are managed in accordance with a nutrient management plan that is in force with respect to the operation and the farm unit.

(2) No person shall manage nutrients that are stored on or applied to the land of a farm unit in the course of an agricultural operation to which this section applies except in accordance with a nutrient management plan that is in force with respect to the operation and the farm unit.

16. (1) Subsection 15 (2) of the Regulation is revoked and the following substituted:

(2) Subject to subsection (3), if on the day subsection (1) requires the person who owns or controls an agricultural operation in the course of which nutrients are applied to the land of a farm unit to ensure that the nutrients are managed in accordance with a nutrient management plan, the number of farm animals on the farm unit is not sufficient to generate 300 or more nutrient units annually, section 14 does not apply to the operation until the earlier of,

(a) the day on which the number of farm animals on the farm unit is increased to a level that is sufficient to generate 300 or more nutrient units annually;

(b) the day before January 1, 2011 on which the agricultural operation first receives non-agricultural source materials, except if the conditions set out in subsection (4) are met.

(2) Subsection 15 (2) of the Regulation, as remade by subsection (1), is revoked and the following substituted:

(2) Subject to subsection (3), if on the day subsection (1) requires the person who owns or controls an agricultural operation in the course of which nutrients are applied to the land of a farm unit to ensure that the nutrients are managed in accordance with a nutrient management plan, the number of farm animals on the farm unit is not sufficient to generate 300 or more nutrient units annually, section 14 does not apply to the operation until the day on which the number of farm animals on the farm unit is increased to a level that is sufficient to generate 300 or more nutrient units annually.

17. Part II of the Regulation is amended by adding the following sections:

NASM Plans

Application of NASM plans 

15.1 (1) A NASM plan applies to an agricultural operation carried out on a NASM plan area if Category 2 or Category 3 NASM is,

(a) applied to a NASM application area that is part of the NASM plan area; or

(b) stored in an associated NASM storage facility.

(2) A separate NASM plan is required for each NASM plan area within which Category 2 or Category 3 NASM is applied to land or stored.

Compliance with NASM plan

15.2 (1) A person who owns or controls an agricultural operation to which this section applies shall ensure that any Category 2 or Category 3 NASM that is applied to the land of a NASM application area in the course of the operation is managed in accordance with a NASM plan that is in force with respect to the operation and the NASM plan area.

(2) No person shall manage nutrients that are stored on or applied to the land of a NASM plan area in the course of an agricultural operation to which this section applies except in accordance with a NASM plan that is in force with respect to the operation and the NASM plan area.

Phasing-in

15.3 (1) Subject to subsections (2), (3) and (4), section 15.2 applies to an agricultural operation in the course of which Category 2 or Category 3 NASM is stored on or applied to the land of a NASM plan area on and after January 1, 2011.

(2) If, on January 1, 2011, a certificate of approval or provisional certificate of approval under Part V of the Environmental Protection Act authorizing the application of the NASM to the land has been issued, has not been suspended or revoked and has not expired, ceased to be in force or otherwise ceased to authorize the application of the NASM to the land, section 15.2 does not apply to the agricultural operation until the earlier of the following:

1. The day the certificate is suspended or revoked or expires, ceases to be in force or otherwise ceases to authorize the application of the NASM to the land.

2. January 1, 2016.

(3) If, on January 1, 2011, a nutrient management plan that provides for the application of the NASM to the land has been approved under section 28 and the approval has not been suspended or revoked and has not ceased to be in force, section 15.2 does not apply to the agricultural operation until the day on which,

(a) the nutrient management plan is suspended or revoked or ceases to be in force;

(b) the person who owns or controls the agricultural operation,

(i) applies NASM to a part of the land of the farm unit that is not identified in the plan as land to which NASM will be applied,

(ii) applies NASM, other than the specific NASM provided for in the plan, to the land of the farm unit, or

(iii) stores NASM on the land of the farm unit in a NASM storage facility that is not identified as such in the plan; or

(c) there is a change of ownership or control of the agricultural operation.

(4) After December 31 of the last year set out in a NASM plan, section 15.2 does not apply to the agricultural operation carried out on the NASM plan area unless Category 2 or Category 3 NASM is stored on or applied to the land of the NASM plan area on or after January 1 of the next year.

18. The heading to Part III of the Regulation is revoked and the following substituted:

Part III
Nutrient Management Strategies, Plans and NASM Plans: Preparation

19. Section 16 of the Regulation is revoked and the following substituted:

Precondition

Requirement for other agreements

16. (1) A person who is required to have a nutrient management strategy, plan or NASM plan that mentions a transfer agreement that a person is required to enter into under subsection 20 (1) or an agreement that a broker is required to enter into under subsection 36 (1) or 37 (1) shall,

(a) enter into those agreements that are applicable to the person or the person’s agricultural operation; and

(b) ensure that the agreements mentioned in clause (a) are in force at the time the strategy, plan or NASM plan comes into force.

(2) For greater certainty, an agreement mentioned in clause (1) (a) may be amended, or terminated and replaced by another agreement.

20. (1) Subsection 17 (1) of the Regulation is amended by striking out “or non-agricultural” in the portion before clause (a).

(2) Clauses 17 (1) (b.2) and (b.3) of the Regulation are revoked and the following substituted:

(b.2) must include a declaration prepared in a form and manner specified by a Director that,

(i) identifies the farm unit on which the operation to which the strategy applies is carried out, and

(ii) states that the strategy is complete, that it includes an accurate description of the operation and that it has been completed in accordance with this Regulation, the Nutrient Management Protocol and the Sampling and Analysis Protocol; and

(3) Clause 17 (1) (c) of the Regulation is revoked and the following substituted:

(c) must be signed by,

(i) the owner of the operation or an authorized agent of the owner, and

(ii) the person who prepared the strategy, who is also referred to in clause (a).

(4) Subsection 17 (2) of the Regulation is amended by striking out “or non-agricultural”.

(5) Subsection 17 (3) of the Regulation is amended by striking out “unless the Ministry has already assigned an operation identifier to the operation” in the portion before paragraph 1 and substituting “unless an operation identifier has already been assigned to the operation”.

(6) Paragraph 1 of subsection 17 (3) of the Regulation is amended by striking out “or non-agricultural”.

(7) Paragraph 2 of subsection 17 (3) of the Regulation is revoked and the following substituted:

2. The farm unit on which the agricultural operation to which the strategy applies is carried out.

21. (1) Subsection 20 (1) of the Regulation is revoked and the following substituted:

Transfer of prescribed materials outside operation

(1) If this Regulation requires a person who owns or controls an agricultural operation to have a nutrient management strategy that requires the person to transfer prescribed materials generated in the course of the operation to another operation for which this Regulation requires a nutrient management plan or a NASM plan, the person who owns or controls the operation from which the materials are to be transferred shall enter into an agreement with respect to the transfer with the person who owns or controls the operation to which the materials are to be transferred.

(2) Subsection 20 (3.2) of the Regulation is revoked and the following substituted:

(3.2) If this Regulation requires a person who owns or controls the agricultural operation receiving the prescribed materials mentioned in subsection (3.1) to have a nutrient management plan or a NASM plan for carrying out the operation, the plan or NASM plan must provide for the management of the transferred materials at the operation.

22. Section 21 of the Regulation is revoked.

23. Section 22 of the Regulation is revoked and the following substituted:

Cessation of strategies

22. (1) Subject to subsections (2), (3), (4), (5) and (6), a nutrient management strategy ceases to be in force for an agricultural operation on the fifth anniversary of,

(a) the day on which the strategy was approved under this Regulation; or

(b) the day on which the strategy was prepared, if approval under this Regulation was not required.

(2) If the person who owns or controls the land on which an agricultural operation is carried out submits an application for a building permit under the Building Code Act, 1992 with respect to any building or structure that is used to house farm animals or to store manure and that is located or to be located on the land, the strategy ceases to be in force on the day on which the person submits the application except if the strategy contemplates the activity covered by the building permit and the person has submitted the strategy to a Director for approval. 

(3) If the person who owns or controls the land on which an agricultural operation is carried out constructs or causes to be constructed any building or structure that is used to house farm animals or to store manure and that is located or to be located on the land, if a building permit in respect of the building or structure would be required under the Building Code Act, 1992 but for the application of clause 1.3.1.1. (1) (b) of Division C of the Building Code, the strategy ceases to be in force on the day on which the person constructs the building or structure or causes it to be constructed, except if the strategy contemplates the activity that would be covered by the building permit and the person has submitted the strategy to a Director for approval. 

(4) If the person who owns or controls the land on which an agricultural operation is carried out commences the construction of a permanent nutrient storage facility made of earth on the land or causes that construction to commence, the strategy ceases to be in force on the day on which the person takes that action except if the strategy contemplates the construction and the person has submitted the strategy to a Director for approval.

(5) If the person who owns or controls an agricultural operation treats materials through mixed anaerobic digestion in a regulated mixed anaerobic digestion facility, the strategy ceases to be in force on the day on which off-farm anaerobic digestion materials are first received on the farm unit to which the strategy applies unless,

(a) the strategy contemplates mixed anaerobic digestion in a regulated mixed anaerobic digestion facility; and

(b) the person who owns or controls the land on which the operation is carried out has submitted the strategy to a Director for approval.

(6) When there is a change of ownership or control of the agricultural operation,

(a) if the change adversely affects the capacity of a person who owns or controls the operation to implement the strategy, the strategy ceases to be in force on the day on which the change occurs;

(b) if the change does not adversely affect the capacity of a person who owns or controls the operation to implement the strategy,

(i) the strategy does not cease to be in force, and

(ii) a person who owns or controls the operation after the change shall file a notice of the change with a Director, within 15 days after the change takes place.

(7) A nutrient management strategy for a non-agricultural operation that is a municipal sewage treatment works that has an approved design capacity of more than 45,400 cubic metres per day ceases to be in force on January 1, 2011.

24. (1) Subclause 24 (1) (b.2) (i) of the Regulation is revoked and the following substituted:

(i) identifies the farm unit on which the operation to which the plan applies is carried out, and

(2) Clause 24 (1) (c) of the Regulation is revoked and the following substituted:

(c) must be signed by,

(i) the owner of the operation or an authorized agent of the owner, and

(ii) the person who prepared the plan, who is also referred to in clause (a).

(3) Subsection 24 (3) of the Regulation is revoked and the following substituted:

(3) A nutrient management plan may deal with land in separate parts, including sections of fields.

(4) Subsection 24 (4) of the Regulation is amended by striking out “unless the Ministry has already assigned an operation identifier to the operation” and substituting “unless an operation identifier has already been assigned to the operation”.

25. Part III of the Regulation is amended by adding the following sections:

NASM Plans

Purposes

26.1 A NASM plan must give effect to the following purposes in accordance with the Nutrient Management Protocol:

1. The optimization of the relationship between the land-based application of nutrients, farm management techniques and crop requirements.

2. The minimization of adverse environmental impact.

Preparation and contents

26.2 (1) A NASM plan for a NASM plan area,

(a) must be prepared by a person qualified to do so under Part X;

(b) must comply with this Regulation, the Nutrient Management Protocol, the NASM Odour Guide and the Sampling and Analysis Protocol;

(c) must include a contingency plan;

(d) must include a declaration prepared in a form and manner specified by a Director that,

(i) identifies the farm unit, the NASM plan area, the NASM application area and any associated NASM storage facility,

(ii) identifies any area of land within the farm unit where NASM that will be applied to the NASM application area is to be stored in accordance with a certificate of approval or provisional certificate of approval issued under Part V of the Environmental Protection Act,

(iii) identifies the NASM that is to be applied, and

(iv) states that the plan is complete, that it includes an accurate description of the agricultural operation, and that it has been completed in accordance with this Regulation, the Nutrient Management Protocol, the NASM Odour Guide and the Sampling and Analysis Protocol; and

(e) must be signed by,

(i) the owner of the operation or the owner’s authorized agent,

(ii) the owner of the land where the NASM plan area is located, or the owner’s authorized agent, and

(iii) the person who prepared the NASM plan, who is also referred to in clause (a).

(2) A NASM plan must account for the total quantity of nutrients that it is reasonable to expect will be applied to the NASM application area in the course of the agricultural operation during each year for which the plan is prepared.

(3) A NASM plan may deal with land in separate parts, including sections of fields.

(4) A NASM plan may be prepared for one year or more, up to a maximum of five years, and must identify the year or years for which it is prepared.

(5) On application by the person responsible for preparing a NASM plan, a Director shall assign an operation identifier to the agricultural operation to which the plan applies, unless an operation identifier has already been assigned to the operation. 

26. Part III of the Regulation is amended by adding the following sections:

Cessation of NASM plans

26.3 (1) Subject to subsection (2), a NASM plan ceases to be in force for an agricultural operation carried out on a NASM plan area on December 31 of the last year set out in the plan.

(2) If there is a change of ownership or control of the agricultural operation, the plan ceases to be in force on the day the change takes place.

Activities requiring notice or amendment

26.4 (1) If a NASM plan is in force for an agricultural operation carried out on a NASM plan area, no person shall apply NASM to land on the NASM plan area that is not identified as a NASM application area in the plan, unless,

(a) the plan is amended to identify that land as a NASM application area;

(b) if the plan requires the approval of a Director, it is submitted to a Director for approval and approved by the Director; and

(c) if the plan does not require the approval of a Director, the person who owns or controls the agricultural operation files a notice of the amendment with a Director.

(2) If a NASM plan is in force for an agricultural operation carried out on a NASM plan area, no person shall apply NASM other than the specific NASM provided for in the plan to a NASM application area identified in the plan, unless,

(a) the plan is amended to provide for the application of the other NASM;

(b) if the plan requires the approval of a Director, it is submitted to a Director for approval and approved by the Director; and

(c) if the plan does not require the approval of a Director, the person who owns or controls the agricultural operation files a notice of the amendment with a Director.

(3) If a NASM plan is in force for an agricultural operation carried out on a NASM plan area, no person shall store NASM on the NASM plan area in a NASM storage facility that is not identified in the plan, unless,

(a) the plan is amended to provide for the storage of the NASM in the facility;

(b) if the plan requires the approval of a Director, it is submitted to a Director for approval and approved by the Director; and

(c) if the plan does not require the approval of a Director, the person who owns or controls the agricultural operation files a notice of the amendment with a Director.

27. The heading to Part IV of the Regulation is revoked and the following substituted:

Part IV
Nutrient Management Strategies, Plans and NASM Plans: Approval, Registration and Notice

28. (1) Subsection 27 (1) of the Regulation is revoked and the following substituted:

Requirement for approval

(1) Subject to subsection (2), a nutrient management strategy for an agricultural operation requires the approval of a Director if,

(a) a person who owns or controls the land on which the operation is carried out submits an application for a building permit under the Building Code Act, 1992 in respect of any building or structure that is used to house farm animals or to store manure and that is located or to be located on the land;

(b) a person who owns or controls the land on which the operation is carried out constructs or causes to be constructed any building or structure that is used to house farm animals or to store manure and that is located or to be located on the land, if a building permit in respect of the building or structure would be required under the Building Code Act, 1992, but for the application of clause 1.3.1.1. (1) (b) of Division C of the Building Code;

(c) a person who owns or controls the land on which the operation is carried out constructs or causes to be constructed on the land a permanent nutrient storage facility that is made of earth and is intended to store manure;

(d) the person who owns or controls the land on which the operation is carried out treats materials through mixed anaerobic digestion in a regulated mixed anaerobic digestion facility; or

(e) any portion of the land of the farm unit used for the operation lies within 100 metres of a municipal well.

(2) Subsection 27 (3) of the Regulation is revoked and the following substituted:

(3) A nutrient management plan does not require the approval of a Director.

(4) A NASM plan requires the approval of a Director if,

(a) the plan provides for,

(i) the application of Category 3 NASM, or Category 2 NASM that is CM2, or

(ii) storage of Category 2 or Category 3 NASM in a NASM storage facility; or

(b) a Director gives a notice in accordance with section 27.1.

29. The Regulation is amended by adding the following section:

Notice requiring NASM plan, etc.

27.1 (1) If a Director has reasonable grounds to believe that the management of NASM in the course of an agricultural operation may cause an adverse effect or is not in accordance with the standards established in this Regulation for OC1, OC2 and OC3 NASM, he or she may give a person who owns or controls the operation written notice requiring the person,

(a) to prepare a NASM plan, if this Regulation does not already require a NASM plan for the operation, and submit it to the Director for approval under section 28; or

(b) to submit the operation’s NASM plan to the Director for approval under section 28, if this Regulation already requires a NASM plan for the operation but does not require the approval of a Director.

(2) A person who receives a notice under subsection (1) shall not apply NASM to the land of the farm unit until a NASM plan has been prepared and approved.

(3) A notice under subsection (1) shall contain a statement of the prohibition in subsection (2).

(4) Before giving a notice under subsection (1), the Director shall give the person a draft of the notice, with reasons, and an opportunity to make written submissions to the Director during the period that ends 15 days after the draft is given.

(5) When the Director has given a notice under subsection (1),

(a) section 15.2 applies to the agricultural operation;

(b) section 52.10 applies with respect to the application of NASM to the land of the farm unit; and

(c) sections 93, 94, 95, 98.0.1 and 98.0.7 apply with respect to any Category 1 or Category 2 NASM that is used in the course of the agricultural operation, as if it were Category 3 NASM described in section 98.0.1.

(6) Subsection (5) applies to the agricultural operation until the earliest of the following dates:

1. The date on which the person receives a notice from the Director confirming that the concerns that led to the notice under subsection (1) have been satisfactorily addressed.

2. December 31 of a year during which NASM was not applied to or stored on a NASM plan area on the farm unit.

3. January 1 of a given year if, during the preceding year, the person gives the Director written notice that NASM will not be applied to or stored on a NASM plan area on the farm unit during the given year.

30. (1) Section 28 of the Regulation is revoked and the following substituted:

Procedure for obtaining approval

28. (1) A person who applies for the approval of a Director for a nutrient management strategy, plan or NASM plan shall submit the strategy, plan or NASM plan to him or her.

(2) The Director shall, as he or she considers necessary for the purposes of the Act or this Regulation,

(a) approve the strategy, plan or NASM plan, with or without the conditions described in subsection (4);

(b) request the person to provide further relevant information; or

(c) refuse to approve the strategy, plan or NASM plan and request the person to revise it and resubmit it in accordance with the directions in the notice mentioned in subsection (3).

(3) Upon taking an action described in clause (2) (a) or (c), the Director shall deliver a notice to the person.

(4) The Director may impose conditions on any of the activities described in the strategy, plan or NASM plan, or amend such conditions, as the Director considers necessary to prevent, decrease or eliminate an adverse effect or to prevent NASM from being managed in a way that is not in accordance with the standards established in this Regulation for OC1, OC2 and OC3 NASM.

(5) If a strategy, plan or NASM plan contains a condition imposed by the Director under subsection (4) or section 31.1, the person who owns or controls the agricultural operation,

(a) shall ensure that the condition is complied with; and

(b) shall not, without the Director’s approval, make changes to the strategy, plan or NASM plan that are inconsistent with compliance with the condition.

(6) Subsection (5) also applies, with necessary modifications, if a strategy, plan or NASM plan contains a condition amended by the Director under subsection (4) or section 31.1.

(2) Section 28 of the Regulation, as remade by subsection (1), is revoked and the following substituted:

Procedure for obtaining approval

28. (1) A person who applies for the approval of a Director for a nutrient management strategy or NASM plan shall submit the strategy or NASM plan to him or her.

(2) The Director shall, as he or she considers necessary for the purposes of the Act or this Regulation,

(a) approve the strategy or NASM plan, with or without the conditions described in subsection (4);

(b) request the person to provide further relevant information; or

(c) refuse to approve the strategy or NASM plan and request the person to revise it and resubmit it in accordance with the directions in the notice mentioned in subsection (3).

(3) Upon taking an action described in clause (2) (a) or (c), the Director shall deliver a notice to the person.

(4) The Director may impose conditions on any of the activities described in the strategy or NASM plan, or amend such conditions, as the Director considers necessary to prevent, decrease or eliminate an adverse effect or to prevent NASM from being managed in a way that is not in accordance with the standards established in this Regulation for OC1, OC2 and OC3 NASM.

(5) If a strategy or NASM plan contains a condition imposed by the Director under subsection (4) or section 31.1, the person who owns or controls the agricultural operation,

(a) shall ensure that the condition is complied with; and

(b) shall not, without the Director’s approval, make changes to the strategy or NASM plan that are inconsistent with compliance with the condition.

(6) Subsection (5) also applies, with necessary modifications, if a strategy or NASM plan contains a condition amended by the Director under subsection (4) or section 31.1.

31. Section 28.1 of the Regulation is revoked and the following substituted:

Annual review, update and summary

28.1 (1) The person who owns or controls an agricultural operation shall,

(a) annually, review any nutrient management strategy, plan or NASM plan that,

(i) relates to the operation, and

(ii) deals with the preceding year, the current year or the following year;

(b) if the strategy, plan or NASM plan deals with the preceding year, prepare a summary of the activities carried out under it during that year;

(c) if the strategy, plan or NASM plan deals with the current year or the following year, prepare any update that is necessary to ensure that it accurately reflects the anticipated operation on the farm unit or NASM plan area during that year; and

(d) keep the update and summary.

(2) The summary of a year’s activities referred to in clause (1) (b) must be completed by February 15 of the following year.

(3) The update referred to in clause (1) (c) must be completed by February 15 of the year to which it relates.

32. (1) Subsection 29 (1.1) of the Regulation is revoked.

(2) Subsections 29 (1.2) and (1.3) of the Regulation are revoked.

(3) Subsection 29 (2) of the Regulation is amended by striking out “(1.1) or (1.3)” and substituting “(1.3)”.

(4) Subsection 29 (2) of the Regulation is revoked.

33. (1) Section 30 of the Regulation is revoked and the following substituted:

Renewal after less than five years

30. (1) If a nutrient management strategy that requires the approval of a Director is in force for an agricultural operation and the operation is to continue after the strategy ceases to be in force under subsection 22 (2), (3), (4) or (5), a person who owns or controls the operation shall submit a new nutrient management strategy for the operation to a Director for approval before the original strategy ceases to be in force.

(2) If a nutrient management strategy that requires the approval of a Director is in force for an agricultural operation and the operation is to continue after the strategy ceases to be in force under clause 22 (6) (a), a person who owns or controls the operation after the change in ownership or control shall,

(a) notify a Director of the change, no later than 15 days after it occurs; and

(b) submit a new nutrient management strategy for the operation to a Director for approval, no later than three months after the change.

(3) If a nutrient management plan is in force for an agricultural operation and a person who owns or controls the operation has reasonable grounds to believe that the plan will cease to be in force because non-agricultural source material will be received in the course of carrying out the operation, the person shall, before the material is received, submit a new nutrient management plan to a Director for approval.

(4) Section 28 applies to the application for approval submitted under subsection (1), (2) or (3).

(5) Despite section 10 or 14, if the person described in subsection (1), (2) or (3) complies with the applicable subsection, the operation may continue to be carried out from the date on which the event occurs that causes the strategy or plan to cease to be in force until the earliest of whichever of the following dates are applicable:

1. The date on which the Director actually approves the new strategy or plan.

2. The date on which the Director refuses to approve the new strategy or plan.

3. The date on which a provincial officer or Director issues an order under section 29 of the Act stating that the operation may no longer be carried on under this subsection.

(2) Section 30 of the Regulation, as remade by subsection (1), is revoked and the following substituted:

Renewal after less than five years

30. (1) If a nutrient management strategy that requires the approval of a Director is in force for an agricultural operation and the operation is to continue after the strategy ceases to be in force under subsection 22 (2), (3), (4) or (5), a person who owns or controls the operation shall submit a new nutrient management strategy for the operation to a Director for approval before the original strategy ceases to be in force.

(2) If a nutrient management strategy that requires the approval of a Director is in force for an agricultural operation and the operation is to continue after the strategy ceases to be in force under clause 22 (6) (a), a person who owns or controls the operation after the change in ownership or control shall,

(a) notify a Director of the change, no later than 15 days after it occurs; and

(b) submit a new nutrient management strategy for the operation to a Director for approval, no later than three months after the change.

(3) If a NASM plan that requires the approval of a Director is in force for an agricultural operation and the operation is to continue after the NASM plan ceases to be in force under subsection 26.3 (2), a person who owns or controls the operation shall submit a new NASM plan for the operation to a Director for approval.

(4) During the period that begins when the original NASM plan ceases to be in force and ends on the date on which the Director approves the new NASM plan, no person shall,

(a) receive Category 3 NASM, or Category 2 NASM that is CM2, on the NASM plan area; or

(b) apply NASM described in clause (a) to the land of the NASM plan area.

(5) Section 28 applies to the application for approval submitted under subsection (1), (2) or (3).

(6) Despite section 10, if the person described in subsection (1) or (2) complies with the applicable subsection, the operation may continue to be carried out from the date on which the event occurs that causes the strategy or plan to cease to be in force until the earliest of whichever of the following dates are applicable:

1. The date on which the Director actually approves the new strategy or plan.

2. The date on which the Director refuses to approve the new strategy or plan.

3. The date on which a provincial officer or Director issues an order under section 29 of the Act stating that the new strategy or plan is no longer approved.

(7) Despite section 15.2, if the person described in subsection (3) complies with that subsection and with subsection (4), the operation may continue to be carried out from the date on which the event occurs that causes the NASM plan to cease to be in force until the earliest of whichever of the following dates are applicable:

1. The date on which the Director actually approves the new NASM plan.

2. The date on which the Director refuses to approve the new NASM plan.

3. The date on which a provincial officer or Director issues an order under section 29 of the Act stating that the operation may no longer be carried out under this subsection.

34. Section 31 of the Regulation is revoked.

35. Section 31.1 of the Regulation is revoked and the following substituted:

Amendment of approval

31.1 (1) A Director may amend an approval to impose, amend or remove conditions at any time after the approval is issued,

(a) on his or her own initiative, if the Director considers it necessary to do so for the purposes of the Act or this Regulation; or

(b) with the consent of the person who owns or controls the operation or the farm unit on which the operation is carried out.

(2) On amending an approval under subsection (1), the Director shall notify the person who owns or controls the operation or the farm unit on which the operation is carried out of the amendment.

(3) If an approval is amended under subsection (1), the person who owns or controls the agricultural operation,

(a) shall ensure that the amendment is complied with; and

(b) shall not, without the Director’s further approval, make changes to the nutrient management strategy, plan or NASM plan that are inconsistent with compliance with the amendment.

36. (1) Subsection 31.2 (1) of the Regulation is amended by striking out “nutrient management strategy or plan” in the portion before clause (a) and substituting “nutrient management strategy or NASM plan”.

(2) Clause 31.2 (1) (a) of the Regulation is amended by striking out “adverse effect described in subsection 18 (3) of the Act” and substituting “adverse effect”.

(3) The English version of clause 31.2 (1) (a) of the Regulation is amended by striking out “plan” and substituting “NASM plan”.

(4) The English version of subclause 31.2 (1) (b) (i) of the Regulation is amended by striking out “plan” and substituting “NASM plan”.

(5) The English version of subclause 31.2 (1) (b) (ii) of the Regulation is amended by striking out “plan” and substituting “NASM plan”.

(6) Subsection 31.2 (2) of the Regulation is amended by striking out “nutrient management strategy or plan” and substituting “nutrient management strategy or NASM plan”.

37. (1) Subsection 31.3 (1) of the Regulation is amended by striking out “nutrient management strategy or plan” in the portion before clause (a) and substituting “nutrient management strategy or NASM plan”.

(2) Subsection 31.3 (1) of the Regulation is amended by striking out “or” at the end of clause (c), by adding “or” at the end of clause (d) and by adding the following clause:

(e) the person who owns or controls the operation or the farm unit on which the operation is carried out consents to the revocation.

(3) Subsection 31.3 (2) of the Regulation is amended by striking out “plan” and substituting “NASM plan”.

38. Section 32 of the Regulation is amended by adding the following subsection:

(3) If this Regulation requires a person who owns or controls an agricultural operation to ensure that there is in force a NASM plan for a NASM plan area on which the operation is carried out, but does not require that it have the approval of a Director, the person shall register the operation by filing with a Director a description of the operation prepared in accordance with the Nutrient Management Protocol.

39. Section 35 of the Regulation is revoked and the following substituted:

Requirement for strategy or plan at source or destination

35. A broker shall not accept agricultural source materials from an operation or transfer agricultural source materials to an operation if,

(a) this Regulation requires the person who owns or controls the operation to ensure that a nutrient management strategy or plan is in force in relation to the management of the materials; and

(b) no such nutrient management strategy or plan is in force.

40. (1) Subsection 36 (1) of the Regulation is amended by striking out “prescribed materials” and substituting “agricultural source materials”.

(2) Paragraph 1 of subsection 36 (2) of the Regulation is amended by striking out “prescribed materials” and substituting “agricultural source materials”.

(3) Subsection 36 (3) of the Regulation is amended by striking out “prescribed materials” and substituting “agricultural source materials”.

(4) Subsection 36 (4) of the Regulation is amended by striking out “prescribed material” and substituting “agricultural source materials”.

(5) The English version of subsection 36 (4) of the Regulation is amended by striking out “material” at the end and substituting “materials”.

41. (1) Subsection 37 (1) of the Regulation is revoked and the following substituted:

Arrangements with receivers

(1) A broker who transfers agricultural source materials to an agricultural operation for which this Regulation requires a nutrient management plan or NASM plan shall,

(a) enter into an agreement with the person who owns or controls the operation that sets out the type and quantity of the materials to be transferred and the proposed date on which the broker is to transfer them; and

(b) ensure that the materials are transferred in accordance with a nutrient management plan or NASM plan.

(2) Paragraph 1 of subsection 37 (2) of the Regulation is amended by striking out “prescribed materials” and substituting “agricultural source materials”.

(3) Paragraph 4 of subsection 37 (2) of the Regulation is revoked and the following substituted:

4. The approval number assigned by the Director to the nutrient management strategy or NASM plan for the farm unit or operation, if applicable.

(4) Subsection 37 (3) of the Regulation is amended by striking out “prescribed materials” and substituting “agricultural source materials”.

42. Section 38 of the Regulation is revoked and the following substituted:

Management of agricultural source materials

38. No person shall store, transport or otherwise manage agricultural source materials in the course of a broking operation except in accordance with this Regulation.

43. Part VI of the Regulation is revoked and the following substituted:

part vi
land application standards

General

Interpretation

39. (1) In this Part,

“restricted period” means the period that begins on December 1 in any year and ends on March 31 of the following year.

(2) In this Part, a reference to surface application does not imply any restriction on later tillage.

Duty of person who owns or controls agricultural operation

40. A person who owns or controls an agricultural operation shall ensure that the requirements of this Part are met in relation to the operation.

Application of Part

41. (1) Sections 52.3 and 52.6 apply in respect of all agricultural operations.

(2) Sections 42 to 52.2, 52.4, 52.5 and 52.7 to 52.13 apply as follows:

1. If this Regulation requires an agricultural operation to have a nutrient management plan, those sections apply to the application of nutrients to land in the course of the operation.

2. If this Regulation requires an agricultural operation to have a NASM plan, those sections apply to the application of nutrients to the relevant NASM application area.

3. If Category 1 NASM is applied to a NASM application area in the course of an agricultural operation, those sections apply to the application of nutrients to the NASM application area during the calendar year in which the Category 1 NASM is applied.

Liquid NASM and Liquid Manure

150-metre zone

42. Sections 43, 44 and 45 apply to every area where liquid NASM or liquid manure are applied within the zone that is 150 metres from the top of the bank of surface water.

Non-agricultural source materials, October 1 to June 14

43. (1) This section applies during the period that begins on October 1 in any year and ends on June 14 of the following year.

(2) No person shall apply liquid non-agricultural source materials to an area,

(a) if the runoff potential for the area shown on the Table to subsection (3) shows that no application is allowed;

(b) at a rate in excess of that determined under the Table to subsection (4); or

(c) if the maximum sustained slope of the area is 12 per cent or greater.

(3) The runoff potential of land for a hydrologic soil group set out in Column 1 of the following Table is set out in Column 2 opposite it in the circumstances described in Column 2:

TABLE
runoff potential

 


Column 1


Column 2




Hydrologic soil group


Runoff Potential




 


Maximum sustained slope of area where liquid NASM is applied




 


at least 3% but less than 6%


at least 6% but less than 9%


at least 9% but less than 12%




A


Very low


Low


High




B


Low


Moderate


High




C


Moderate


High


No application allowed




D


High


High


No application allowed




(4) The maximum rate within a 24-hour period for the application of liquid NASM to an area, in the case of an area for which the runoff potential is set out in Column 1 of the following Table, is set out,

(a) in Column 2 opposite it, if the materials are applied to the surface of the area;

(b) in Column 3 opposite it, if the materials are injected or incorporated into the area or if the area is pre-tilled:

TABLE
maximum application rate

 


Column 1


Column 2


Column 3




Runoff potential of land


Maximum rate of application within 24-hour period if materials are applied to surface of area, in cubic metres per hectare


Maximum rate of application within 24-hour period if materials are injected or incorporated into area or if area is pre-tilled, in cubic metres per hectare




High


50


75




Moderate


75


100




Low


100


130




Very low


130


150




(5) For the purposes of subsection (4), materials are incorporated into an area only if they are incorporated into it within 24 hours of being applied.

(6) For the purposes of subsection (4), an area is pre-tilled only if the tillage occurred not more than seven days before the application of the liquid NASM.

Non-agricultural source materials, June 15 to September 30

44. (1) This section applies during the period that begins on June 15 in any year and ends on September 30 of the same year.

(2) No person shall apply liquid non-agricultural source materials to an area whose maximum sustained slope is 12 per cent or greater.

(3) No person shall apply liquid non-agricultural source materials, at a rate that exceeds 130 cubic metres per hectare within a 24-hour period, to an area whose maximum sustained slope is less than 12 per cent.

(4) Subsections (2) and (3) apply in respect of all hydrological soil groups.

Manure

45. No person shall apply liquid manure to an area whose maximum sustained slope is 25 per cent or greater.

Wells and Non-Agricultural Land Uses

Setbacks from wells

46. (1) No person shall apply nutrients to land closer than 100 metres to a municipal well.

 

(2) No person shall apply prescribed materials to land closer than 15 metres to a drilled well that has a depth of at least 15 metres and a watertight casing to a depth of at least six metres below ground level.

(3) No person shall apply the following to land closer than 30 metres to a well, other than a well described in subsection (1) or (2):

1. Agricultural source materials.

2. Non-agricultural source materials that are both CM1 and CP1.

(4) No person shall apply non-agricultural source materials that are CM2 or CP2 to land closer than 90 metres to a well, other than a well described in subsection (1) or (2).

(5) No person shall apply commercial fertilizer or compost that meets the Compost Guidelines to land closer than three metres to a water well that is not a municipal well.

Setbacks and other requirements relating to non-agricultural uses

47. No person shall apply to land NASM that is OC1, OC2 or OC3, except in accordance with the standards set out in the Table to this section.

Table
Setbacks and other requirements for Application of NASM that is OC1, oc2 or oc3, relating to Non-Agricultural Uses

 


Item


Column 1


Column 2


Column 3




Odour category of NASM


Requirements for dwelling


Requirements for residential areas and commercial, community or institutional uses




1.


OC1


No application is permitted within 25 metres of a dwelling.


No application is permitted within 50 metres of the residential area or commercial, community or institutional use.




 


 


No restrictions beyond the 25-metre perimeter.


No restrictions beyond the 50-metre perimeter.




2.


OC2


No application is permitted within 25 metres of the dwelling.


No application is permitted within 50 metres of the residential area or commercial, community or institutional use.




 


 


In the zone that is at least 25 metres but not more than 90 metres away from the dwelling, application is permitted, but only by,


In the zone that is at least 50 metres but not more than 450 metres away from the residential area or commercial, community or institutional use, application is permitted, but only by,




 


 


  (i) injection, or


  (i) injection, or




 


 


(ii) spreading and incorporation within six hours.


(ii) spreading and incorporation within six hours. 




 


 


No restrictions beyond the 90-metre perimeter.


No restrictions beyond the 450-metre perimeter.




3.


OC3


No application is permitted within 100 metres of the dwelling.


No application is permitted within 200 metres of the residential area or commercial, community or institutional use.




 


 


In the zone that is at least 100 metres but not more than 450 metres away from the dwelling, application is permitted, but only by,


In the zone that is at least 200 metres but not more than 900 metres away from the residential area or commercial, community or institutional use, application is permitted, but only by,




  (i) injection, or


  (i) injection, or




(ii) spreading and incorporation within six hours, but only if the physical properties of the NASM are such that injection is not possible.


(ii) spreading and incorporation within six hours, but only if the physical properties of the NASM are such that injection is not possible.




 


 


In the zone that is more than 450 metres away from the dwelling, application is permitted, but only by,


In the zone that is more than 900 metres away from the residential area or commercial, community or institutional use, application is permitted, but only by,




 


 


  (i) injection, or


  (i) injection, or




 


 


(ii) spreading and incorporation into the soil within 24 hours.


(ii) spreading and incorporation into the soil within 24 hours.




Ground Water

Minimum depth to ground water, CM1 and CP1 NASM

48. No person shall apply non-agricultural source materials that are both CM1 and CP1 to land unless there is at least 30 centimetres of unsaturated soil at the surface of the land at the time of application.

Minimum depth to ground water, CM2 or CP2 NASM

49. (1) No person shall apply non-agricultural source materials that are CM2 or CP2 to land unless there is at least 30 centimetres of unsaturated soil at the surface of the land at the time of application.

(2) No person shall apply non-agricultural source materials that are CM2 or CP2 to land where there is at least 30 centimetres but not more than 90 centimetres of unsaturated soil at the surface of the land, except in accordance with the standards set out in the following Table:

table
Application standards for cm2 or cp2 NASM based on risk of ground water contamination

 


Item


Column 1


Column 2


Column 3


Column 4




 


Level of risk of ground water contamination


Standard for surface application of liquid NASM


Standard for injection of liquid NASM


Standard for surface application of solid NASM




1.


High


No surface application is permitted.


No injection is permitted.


Surface application is permitted if both of the following conditions are satisfied:




 


  1. The land is pre-tilled no more than 7 days before the application.




 


  2. The maximum rate of application is 18 dry tonnes per hectare per 48 hours.




2.


Moderate


Surface application is permitted if both of the following conditions are satisfied:


No injection is permitted.


Surface application is permitted if one of the following conditions is satisfied:




  1. The land is pre-tilled no more than 7 days before the application.


 


  1. The land is pre-tilled no more than 7 days before the application.




  2. The maximum rate of application is 40 cubic metres per hectare per 48 hours.


 


  2. The maximum rate of application is 18 dry tonnes per hectare per 48 hours.




3.


Low


Surface application is permitted if one of the following conditions is satisfied:


No injection is permitted.


Surface application is permitted if the maximum rate of application is 27 dry tonnes per hectare per 48 hours.




  1. The land is pre-tilled no more than 7 days before application.


 




  2. The maximum rate of application is 40 cubic metres per hectare per 48 hours.


 




4.


Very low, if land is tile drained


Surface application is permitted if one of the following conditions is satisfied:


Injection is permitted if the maximum rate of application is 40 cubic metres per hectare per 48 hours.


No restriction.




  1. The land is pre-tilled no more than 7 days before application.




  2. The maximum rate of application is 40 cubic metres per hectare per 48 hours.




5.


Very low, if land is not tile drained


No restriction.


No restriction.


No restriction.




(3) For the purposes of Column 1 of the Table to subsection (2), the level of risk of ground water contamination shall be established, immediately before the proposed application, in accordance with the following Table:

table
risk of ground water contamination

 


Item


Column 1


Level of risk of ground water contamination




 


Hydrologic soil group


Column 2


Column 3




Depth of unsaturated soil at least 30 cm but not more than 60 cm


Depth of unsaturated soil more than 60 but not more than 90 cm




1.


A


High


Moderate




2.


B


Moderate


Low




3.


C


Low


Very low




4.


D


Low


Very low




(4) This section does not restrict the application of non-agricultural source materials that are CM2 or CP2 to land where there is more than 90 centimetres of unsaturated soil at the surface of the land.

Application standards, depth to bedrock

50. No person shall apply non-agricultural source materials to land, except in accordance with the standards set out in the following Table:

table
Application standards, depth to bedrock

 


Item


Column 1


Column 2


Column 3


Column 4


Column 5




 


Depth to bedrock


Liquid NASM that is both CM1 and CP1


Liquid NASM that is CM2 or CP2


Solid NASM that is both CM1 and CP1


Solid NASM that is CM2 or CP2




1.


Less than 30 centimetres


No application is permitted.




2.


30 centimetres or more, but less than 50 centimetres


  1. Subject to 2 and 3, application is permitted,


No application is permitted.


  1. Subject to 2, application is permitted,


No application is permitted.




 


(a) at a rate of less than 40 cubic metres per hectare per 48 hours; or


 


 




 


(b) at a rate not exceeding 60 cubic metres per hectare per 48 hours, if the land is pre-tilled no more than 7 days before the application.


 


(a) at a rate of less than 18 dry tonnes per hectare per 48 hours; or


 




 


  2. No application is permitted during the restricted period.


 


(b) at a rate not exceeding 27 dry tonnes per hectare per 48 hours, if the land is pre-tilled no more than 7 days before the application.


 




 


  3. Application by injection is not permitted.


 


  2. No application is permitted during the restricted period.


 




3.


50 centimetres or more, but less than 100 centimetres


There is no restriction based on depth to bedrock.


  1. Subject to 2, application is permitted,


There is no restriction based on depth to bedrock.


Application is permitted,




 


 


 


(a) at a rate of less than 18 dry tonnes per hectare per 48 hours; or




 


 


(a) at a rate of less than 40 cubic metres per hectare per 48 hours; or


 


(b) at a rate not exceeding 27 dry tonnes per hectare per 48 hours, if the land is pre-tilled no more than 7 days before the application.




 


 


(b) at a rate not exceeding 60 cubic metres per hectare per 48 hours, if the land is pre-tilled no more than 7 days before the application.


 


 




 


 


  2. Application by injection is not permitted.


 


 




4.


100 centimetres or more


There is no restriction based on depth to bedrock.




Adjacent Surface Water

Application of sections 52 and 52.1

51. (1) The following rules govern the application of sections 52 (vegetated buffer zone) and 52.1 (setback from bank):

1. A person who applies NASM that is CM1 and CP1 and is not required to have a nutrient management plan shall comply with section 52 or 52.1.

2. A person who applies NASM that is CM1 and CP1 and is required to have a nutrient management plan shall comply with section 52.

3. A person who applies NASM that is CM2, CP2 or both and is not required to have a nutrient management plan shall comply with section 52.1.

4. A person who applies NASM that is CM2, CP2 or both and is required to have a nutrient management plan shall comply with sections 52 and 52.1.

(2) Subsection (1) prevails in the event of conflict with section 52 or 52.1.

Requirement for vegetated buffer zone

52. (1) No person shall apply nutrients to a field that contains or is adjacent to surface water unless there is a vegetated buffer zone in the field that is adjacent to the surface water and that lies between the surface water and where the nutrients are applied.

(2) Subsection (1) does not apply in relation to the application of nutrients to a field that is composed of organic soils.

(3) No person shall apply nutrients within the vegetated buffer zone except for an amount of commercial fertilizer that is reasonable to establish or maintain the vegetation of the vegetated buffer zone.

(4) For the purposes of subsection (3), a person applies an amount of commercial fertilizer that is reasonable to establish or maintain the vegetation of a vegetated buffer zone if the person applies the fertilizer,

(a) in accordance with a determination of the concentration of plant available phosphorus and plant available potassium in the soil of the vegetated buffer zone;

(b) in accordance with the Agronomy Guide for Field Crops; and

(c) in such a manner that the agronomic balance does not exceed zero.

(5) The determination of the concentration described in clause (4) (a) shall be made using,

(a) the results of an analysis of a sample of the soil performed in accordance with section 94; or

(b) the following concentrations:

(i) 101 milligrams of plant available phosphorus per litre of soil,

(ii) 251 milligrams of plant available potassium per litre of soil.

(6) No person shall apply materials containing nitrogen and phosphorus to any part of the field, whether or not within the vegetated buffer zone, that is within 13 metres from the top of the nearest bank of the surface water.

(7) Despite subsection (6), a person may apply commercial fertilizers, agricultural source materials or NASM that is CM1 and CP1 within the 13 metres from the top of the nearest bank of the surface water if the application is done in accordance with this Regulation and at least one of the following conditions is satisfied:

1. The materials are applied by injection or placement in a band below the soil surface.

2. The materials are incorporated within 24 hours of application.

3. The materials are applied to land covered with a living crop.

4. The materials are applied to land with crop residue covering at least 30 per cent of the soil, as determined in accordance with the Nutrient Management Protocol.

Setback from top of nearest bank of surface water

52.1 No person shall apply non-agricultural source materials to a field that contains or is adjacent to surface water, if the application is closer than 20 metres from the top of the nearest bank of the surface water.

Application During Restricted Period and Other Times When Soil is Snow-Covered or Frozen

Definitions

52.2 In sections 52.3, 52.4 and 52.5,

“frozen”, when used in reference to soil, means that a layer of soil with an average minimum depth of five centimetres, located within the top 15 centimetres of the soil, is consolidated by the presence of frozen moisture; (“gelé”)

“snow-covered”, when used in reference to soil, means that there is a layer of snow with an average minimum depth of five centimetres.  (“enneigé”)

Prohibition, sewage biosolids, etc.

52.3 No person shall apply sewage biosolids or other materials containing human body waste to land,

(a) during the restricted period; or

(b) at any other time when the soil is snow-covered or frozen.

Prohibition, vulnerable land

52.4 (1) No person shall apply prescribed materials to land described in subsection (2),

(a) during the restricted period; or

(b) at any other time when the soil is snow-covered or frozen.

(2) Subsection (1) applies to,

(a) land that is subject to flooding once or more every five years according to flood plain mapping provided by the municipality or conservation authority having jurisdiction over the land; and

(b) land where water collects during a rainstorm or thaw and flows directly into surface water.

(3) For greater certainty, this section does not require a person to create flood plain mapping.

Requirements for application of prescribed materials

52.5 (1) Subject to sections 52.3 and 52.4, no person shall apply prescribed materials to land, except in accordance with this section,

(a) during the restricted period; or

(b) at any other time when the soil is snow-covered or frozen.

(2) The following rules govern the application of solid or liquid Category 3 NASM other than sewage biosolids, liquid Category 2 NASM and liquid ASM during the restricted period if the soil is not snow-covered or frozen:

1. Subject to paragraph 2, the application must be done by,

i. injection, or

ii. spreading and incorporation into the soil within the same day.

2. If at least 30 per cent of the land surface is covered by a living crop or crop residue, as determined in accordance with the Nutrient Management Protocol, the application must be done by one of the methods described in paragraph 1 or by surface application.

3. The setback from the top of the bank of surface water must be 20 metres or more.

4. If the maximum sustained slope of the land is greater than 3 per cent, the materials must not be applied within 100 metres from the top of the bank of surface water.

(3) The following rules govern the application of solid or liquid Category 3 NASM other than sewage biosolids, liquid Category 2 NASM and liquid ASM at any time when the soil is snow-covered or frozen:

1. The application must be done by,

i. injection, or

ii. spreading and incorporation into the soil within six hours.

2. The setback from the top of the bank of surface water must be 20 metres or more.

3. If the maximum sustained slope of the land is greater than 3 per cent, the materials must not be applied within 100 metres from the top of the bank of surface water.

(4) The following rules govern the application of solid Category 2 NASM, solid or liquid Category 1 NASM and solid ASM during the restricted period if the soil is not snow-covered or frozen:

1. Subject to paragraph 2, the application must be done by,

i. injection, or

ii. spreading and incorporation into the soil within the same day.

2. If at least 30 per cent of the land surface is covered by a living crop or crop residue, as determined in accordance with the Nutrient Management Protocol, the application must be done by one of the methods described in paragraph 1 or by surface application.

3. If the materials are solid Category 2 NASM, or solid or liquid Category 1 NASM, the setback from the top of the bank of surface water must be 20 metres or more.

4. If the materials are solid ASM, there is no minimum setback from the top of the bank of surface water.

5. If the maximum sustained slope of the land is greater than 6 per cent, the materials must not be applied within 100 metres from the top of the bank of surface water.

(5) The following rules govern the application of solid Category 2 NASM, solid or liquid Category 1 NASM and solid ASM at any time when the soil is snow-covered or frozen, if the application is done by injection or by spreading and incorporation into the soil within six hours.

1. If the materials are solid Category 2 NASM, or solid or liquid Category 1 NASM, the setback from the top of the bank of surface water must be 20 metres or more.

2. If the materials are solid ASM, there is no minimum setback from the top of the bank of surface water.

3. If the maximum sustained slope of the land is greater than 6 per cent, the materials must not be applied within 100 metres from the top of the bank of surface water.

(6) The following rules govern the application of solid ASM at any time when the soil is snow-covered or frozen, if the application is done by surface application:

1. The setback from the top of the bank of surface water must be 100 metres or more.

2. The maximum depth of snow in the area of application must not exceed 15 centimetres.

3. The maximum sustained slope of the area of application must be less than 3 per cent.

Application Methods

High trajectory irrigation guns

52.6 No person shall use a high trajectory irrigation gun capable of spraying liquid more than 10 metres to apply manure or non-agricultural source materials to land except if the material being applied is an aqueous solution or suspension containing more than 99 per cent water by weight.

Direct flow application systems

52.7 (1) No person shall apply manure or non-agricultural source materials directly from a storage facility to land by a direct flow application system unless the system is operated in accordance with this section.

(2) Two or more operators in voice or electronic contact with each other at all times during the application may operate a direct flow application system if,

(a) a first operator has a full view of the area of land to which the manure or non-agricultural source materials are being applied; and

(b) a second operator is close enough to the system to shut it down within one minute after being advised by the first operator that a problem event has occurred.

(3) One operator may operate a direct flow application system if the operator has a full view of the area of land to which the manure or non-agricultural source materials are being applied and if,

(a) the operator is close enough to the system to shut it down within one minute after observing that a problem event has occurred; or

(b) the application system is,

(i) linked to a remote control system that allows the operator to shut down the application system within one minute after observing that a problem event has occurred, and

(ii) designed to shut down automatically within one minute after it ceases to receive a signal from the remote control system. 

(4) Each person who uses a direct flow application system shall ensure that the system is designed and operated so that when it is shut down no manure or non-agricultural source materials continue to flow from the storage facility by siphoning or other means.

(5) In this section,

“problem event” means any of the following events:

1. Manure or non-agricultural source materials are not being delivered to the application part of the system as intended by the person in charge of the operation of the system.

2. Manure or non-agricultural source materials are not being applied in accordance with the nutrient management plan or NASM plan for the operation in the course of which they are applied to land.

3. The direct flow application system fails, resulting in manure or non-agricultural source materials escaping into the natural environment otherwise than as intended by the person in charge of operating the system.

Waiting Periods

Pre-harvest waiting period

52.8 (1) No person shall harvest plant material set out in Column 1 of the Table to this section from a field to which NASM that is CM1 and CP1 has been applied unless the waiting period set out in Column 2 opposite the plant material has expired.

(2) No person shall harvest plant material set out in Column 1 of the Table to this section from a field to which NASM other than NASM that is CM1 and CP1 has been applied unless the waiting period set out in Column 3 opposite the plant material has expired.

table
pre-harvest waiting period

 


Item


Column 1


Column 2


Column 3




 


Plant material harvested


Waiting period before harvest, after application of NASM that is CM1 and CP1


Waiting period before harvest,  after application of NASM other than NASM that is CM1 and CP1




1.


Commercial sod


3 weeks


12 months




2.


Hay and haylage


3 weeks


3 weeks




3.


Tree fruits and grapes


3 weeks


3 months




4.


Small fruits


3 weeks


15 months




5.


Vegetables


3 weeks


12 months




6.


Tobacco


3 weeks


12 months




Pre-grazing waiting period

52.9 (1) No person shall cause or permit a farm animal of a type named in Column 1 of the Table to this section to graze in a field to which NASM that is CM1 and CP1 has been applied unless the waiting period set out in Column 2 opposite the type has expired.

(2) No person shall cause or permit a farm animal of a type set out in Column 1 of the Table to this section to graze in a field to which NASM other than NASM that is CM1 and CP1 has been applied unless the waiting period set out in Column 3 opposite the type has expired.

table
pre-grazing waiting period

 


Item


Column 1


Column 2


Column 3 




 


Grazing farm animal


Waiting period before grazing,  after application of NASM that is CM1 and CP1


Waiting period before grazing, after application of NASM other than NASM that is CM1 and CP1




1.


Horses, beef or dairy cattle


3 weeks


2 months




2.


Swine, sheep or goats


3 weeks


6 months




Notice re Application of Category 2 or Category 3 NASM

Notice

52.10 No person shall apply Category 3 NASM, or Category 2 NASM that is CM2, to land unless written advance notice is given to the local district office of the Ministry of the Environment in whose territory the land is located, in accordance with the following rules:

1. The notice shall,

i. identify the specific day or days on which the application is to take place, in which case it shall be given at least 24 hours and not more than seven days before the start of the application, or

ii. identify the week during which the application is to take place, in which case it shall be given at least 24 hours and not more than seven days before the first day of the identified week.

2. The notice shall,

i. include the name of the individual who will apply the NASM and his or her contact information,

ii. if the individual acts as an employee of or authorized agent for a corporation, include the corporation’s name and contact information,

iii. identify the specific NASM that is to be applied,

iv. identify the land by lot and concession, and

v. give an estimate of the number of hours or days during which the application will continue.

Miscellaneous

Particles and foreign objects

52.11 No person shall apply NASM to land if,

(a) its content of glass, metallic objects, plastic and other foreign objects exceeds 2 per cent, calculated on a dry weight basis;

(b) its content of plastic exceeds 0.5 per cent, calculated on a dry weight basis; or

(c) in the case of Category 2 or Category 3 NASM, it contains particles of any material that will not pass through a screen whose largest opening has an area of 2.5 square centimetres.

Ponding

52.12 Any person who applies NASM to land shall take all reasonable steps to ensure that the NASM does not pond on the surface of the NASM application area or on the surface of other land.

Discharge to surface water or adjoining land

52.13 Any person who applies NASM to land or stores NASM on land shall take all reasonable steps to ensure that the NASM is not discharged to surface water or to adjoining land.

44. Subsection 60 (2) of the Regulation is amended by striking out “adverse effect described in subsection 18 (3) of the Act” and substituting “adverse effect”.

45. The Regulation is amended by adding the following Part:

Part vii.1
Milking Centre Washwater

Definitions

61.1 In this Part,

“bucket milking system” means a milking system where farm animals are milked directly into buckets which are manually transferred to the milkroom; (“système de traite avec seaux”, “traite avec seaux”)

“bulk tank” means a tank that is designed to store and cool milk; (“cuve à lait”)

“dairy operation” means an agricultural operation where farm animals are milked; (“exploitation laitière”)

“milking centre washwater” means,

(a) the liquid generated from washing,

(i) any part of a milking system,

(ii) a bulk tank, and

(iii) the interior surfaces of a milkroom and a milking parlour, and

(b) if cheese, butter, yogurt or any other dairy product is made on the farm unit, exclusively from milk produced there, the liquid generated from washing,

(i) the equipment used in making the dairy products, and

(ii) the interior surfaces of the rooms containing the equipment; (“eaux de lavage de laiterie”)

“milking parlour” means a common indoor area where farm animals are brought for milking; (“salle de traite”)

“milking system” means a bucket milking system, a parlour milking system, a pipeline milking system, or a robotic milking system; (“système de traite”)

“milkroom” means the room where the bulk tank is located; (“laiterie”)

“parlour milking system” means a milking system where farm animals are brought to a milking parlour for milking, but does not include a robotic milking system; (“système de traite en salle de traite”, “traite en salle de traite”)

“pipeline milking system” means a milking system where milk is transferred to the milkroom, by a pipe, from farm animals who are confined to stalls by means of a tie system; (“système de traite à lactoduc”, “traite à lactoduc”)

“robotic milking system” means a milking system where farm animals present themselves to be milked by an automatic milking unit; (“système de traite robotisée”, “traite robotisée”)

“sediment tank” means a watertight container with at least two compartments that is used to collect and separate settled and floating solids in milking centre washwater and that is,

(a) a septic tank to which the Building Code applies, or

(b) a sewage works to which the Ontario Water Resources Act applies; (“fosse de décantation”)

“sludge pump-out” means the material that remains in a sediment tank after liquid moves to the treatment trench system;  (“boues décantées”)

“treatment trench system” means a system that is used to treat milking centre washwater and distribute it into the soil and that is,

(a) a leaching bed as defined in the Building Code, or

(b) a sewage works to which the Ontario Water Resources Act applies.  (“réseau de tranchées d’épuration”)

Duty of person who owns or controls agricultural operation

61.2 A person who owns or controls an agricultural operation shall ensure that the requirements of this Part are met in relation to the operation.

Application of Part to dairy operations with nutrient management strategies

61.3 (1) This Part applies with respect to a dairy operation that is located on a farm unit on which an agricultural operation is carried out,

(a) if section 10 did not apply to the agricultural operation before January 1, 2011, on the earlier of the dates set out in subsection (2) that follows the date on which section 10 applies to the agricultural operation for the first time;

(b) if section 10 applied to the agricultural operation before January 1, 2011, on the earlier of the dates set out in subsection (2) that follows the date on which the nutrient management strategy for the agricultural operation ceases to be in force under section 22.

(2) The dates referred to in clauses (1) (a) and (b) are:

1. The date on which an application for a building permit under the Building Code Act, 1992 is submitted for the farm unit with respect to a type of construction listed in subsection (3) or, if a building permit in respect of such construction would be required under the Building Code Act, 1992 but for the application of clause 1.3.1.1. (1) (b) of Division C of the Building Code, the date on which such construction is commenced.

2. January 1, 2016.

(3) The types of construction referred to in subsection (2) are:

1. Erection of a new or replacement milking parlour or milkroom.

2. Expansion of an existing milking parlour or milkroom, if the storage capacity of the bulk tank is increased.

3. Any construction relating to a new, replacement or existing sediment tank, treatment trench system or milking centre washwater storage facility.

Application of Part to dairy operations without nutrient management strategies

61.4 (1) Even if section 10 does not apply to an agricultural operation, this Part applies with respect to a dairy operation that is located on a farm unit on which the operation is carried out,

(a) on the day that an application for a building permit under the Building Code Act, 1992

is submitted for the farm unit with respect to a type of construction listed in subsection (2); or

(b) on the day that a type of construction listed in subsection (2) is commenced on the farm unit, if a building permit in respect of the construction would be required under the Building Code Act, 1992, but for the application of clause 1.3.1.1. (1) (b) of Division C of the Building Code.

(2) The types of construction referred to in subsection (1) are:

1. Erection of a new or replacement milking parlour or milkroom.

2. Expansion of an existing milking parlour or milkroom, if the storage capacity of the bulk tank is increased.

3. Any construction relating to a new, replacement or existing sediment tank, treatment trench system or milking centre washwater storage facility.

Storage of milking centre washwater

61.5 (1) No person shall store milking centre washwater on a farm unit, except in accordance with subsection (2) or (3).

(2) Milking centre washwater may be stored on a farm unit if it is stored in a permanent liquid nutrient storage facility.

(3) Milking centre washwater may be stored on a farm unit if it is stored in a permanent solid nutrient storage facility and the following conditions are satisfied:

1. The facility meets the requirements of section 63.  For the purposes of this subsection, those requirements apply to existing facilities as well as to new construction and expansion.

2. The facility is equipped with a runoff management system that is capable of managing all the runoff generated by the facility and that complies with section 81.

3. The addition of the milking centre washwater to the facility does not result in a liquid mixture.

4. The amount of milking centre washwater added to the facility on any given day does not exceed 250 litres.

Storage capacity requirements

61.6 (1) An agricultural operation to which this Part applies shall have, on the farm unit where the dairy operation is located, a permanent nutrient storage facility or a combination of such facilities that is capable of containing at least all of the milking centre washwater generated or received in the course of the operation during a period of 240 days.

(2) The storage capacity required by subsection (1) is in addition to the storage capacity required by any other provisions of this Regulation.

(3) Subsection (1) does not apply if an agreement described in subsection 36 (1), entered into by a broker and the person who owns or controls the agricultural operation, is in force and the following conditions are satisfied:

1. In accordance with the agreement, the person sends some of the milking centre washwater generated or received in the course of the operation to the broker.

2. The broker has sufficient storage capacity available for milking centre washwater received from that person so that the person and the broker, together, have storage facilities that are capable of containing at least all of the milking centre washwater generated or received in the course of the operation during a period of 240 days.

(4) Subsection (1) does not apply if the operation has a nutrient management plan that provides for the land application of milking centre washwater and the following conditions are satisfied:

1. The milking centre washwater storage capacity of the dairy operation is at least equal to the capacity that the plan requires.

2. The plan provides for the land application, on a schedule of times that eliminates the need for storing milking centre washwater on the farm unit for 240 days, of all the milking centre washwater generated or received in the course of the operation during a period of 240 days.

(5) Subsection (1) does not apply if the operation does not have a nutrient management plan but has an application schedule for the land application of the milking centre washwater generated or received in the course of the operation, and the following conditions are satisfied:

1. The application schedule is consistent with the requirements of Part VI.

2. The application schedule is consistent with the requirements of subsection 92 (2) as if the milking centre washwater were manure or anaerobic digestion output.

3. The milking centre washwater storage capacity of the dairy operation is at least equal to the storage capacity based on the application schedule.

4. The owner or operator keeps a record of the application schedule and the dates on which milking centre washwater is actually applied.  The record shows how the applications were carried out in accordance with Part VI, and is maintained in accordance with sections 112 and 113.

(6) Subsection (1) does not apply if the following conditions are satisfied:

1. Some of the milking centre washwater generated or received in the course of the operation is treated in accordance with section 61.9.

2. The dairy operation has sufficient storage capacity to store the amount of milking centre washwater that is generated or received in the course of the operation during a period of 240 days and is not treated.

(7) Subsection (1) does not apply if the following conditions are satisfied:

1. The dairy operation has a nutrient management strategy that provides for the use or transfer of some or all of the milking centre washwater that is generated or received in the course of the operation by a means that eliminates the need for storing the nutrients on the farm unit for 240 days.

2. The storage capacity of the operation is at least equal to the storage capacity that the strategy requires.

Application of Part VIII

61.7 If this Part applies to a dairy operation, Part VIII, except subsection 62.1 (1) and sections 69, 69.1 and 81, also applies with respect to milking centre washwater storage facilities, even if this Regulation does not require the operation to have a nutrient management strategy or nutrient management plan.

Calculation of required storage capacity

61.8 (1) For the purposes of section 61.6, the required capacity of milking centre washwater storage facilities shall be calculated in accordance with,

(a) subsection (2), in the case of a dairy operation that has any number of milking cows and uses a robotic milking system;

(b) Table 1 to this section, in the case of a dairy operation that has 80 or fewer milking cows and does not use a robotic milking system;

(c) Table 2 to this section, in the case of a dairy operation that has more than 80 milking cows and does not use a robotic milking system;

(d) Table 3 to this section, in the case of a dairy operation that has 500 or fewer milking goats or milking sheep and meets the conditions set out in subsection (3); and

(e) the method described in subsection (4), in all other cases.

(2) In a dairy operation to which this subsection applies, the required capacity of milking centre washwater storage facilities shall be calculated on the basis of daily washwater production of,

(a) 11 litres per milking cow, in the case of a robotic milking system with brush teat cleaning;

(b) 20 litres per milking cow, in the case of a robotic milking system with water teat cleaning.

(3) The conditions mentioned in clause (1) (d) are:

1. The farm animals are milked in a milking parlour that is washed less often than daily.

2. The farm animals are not prepared before milking.

3. Bulk tanks are cleaned once weekly.

(4) In a dairy operation to which this subsection applies,

(a) the required capacity of milking centre washwater storage facilities shall be calculated on the basis of measuring the milking centre washwater generated on,

(i) two separate days on which the farm animals are milked, and

(ii) one day on which the bulk tank is cleaned; and

(b) records of the calculations and measurements shall be kept.

Table 1
washwater production — smaller milking cow herds; bucket, pipeline and parlour milking systems

 


Item


Column 1


Minimum daily washwater production, total litres/day




Column 2


Column 3


Column 4




 


Number of milking cows


Bucket milking system


Pipeline milking system


Parlour milking system




1.


30 or fewer


225


450


500




2.


31 – 40


280


560


680




3.


41 – 50


350


700


850




4.


51 – 60


420


840


1020




5.


61 – 70


490


980


1190




6.


71 – 80


560


1120


1360




Table 2
Washwater production — larger Milking Cow herds; bucket, pipeline and parlour milking systems

 


Item


Column 1


Column 2




 


Milking system


Minimum daily washwater production, litres/cow/day




1.


Bucket milking system


7




2.


Pipeline milking system


14




3.


Parlour milking system


17




Table 3
Washwater production — milking Goats and Sheep

 


Item


Column 1


Column 2




 


Number of milking goats or sheep


Minimum daily washwater production, total litres/day




1.


Fewer than 100


450




2.


100 – 300


570




3.


More than 300 but fewer than 501


680




Treatment and disposal methods

61.9 (1) Milking centre washwater that is not stored in accordance with this Part or removed from the farm unit shall be treated or disposed of in accordance with subsection (2), (3), (5), (6), (7) or (8).

(2) Milking centre washwater may be treated by means of a sediment tank and treatment trench system if an approval in respect of the sediment tank and treatment trench system has been granted under section 53 of the Ontario Water Resources Act.

(3) Subject to subsection (4), milking centre washwater may be treated by means of a sediment tank and treatment trench system if,

(a) in the case of a sediment tank and treatment trench system that were constructed on or after April 6, 1998,

(i) the washwater has first been treated as described in Sentence 8.1.3.1. (3) of Division B of the Building Code, and

(ii) a building permit has been issued for the sediment tank and treatment trench system under the Building Code Act, 1992, or would have been required but for the application of clause 1.3.1.1. (1) (b) of Division C of the Building Code;

(b) in the case of a sediment tank and treatment trench system that were constructed before April 6, 1998,

(i) the washwater has first been treated as described in Sentence 8.1.3.1. (3) of Division B of the Building Code, and

(ii) no liquid escapes, seeps, leaks or is emitted or discharged from the sediment tank or treatment trench system at any time, except from a part that is intended to discharge liquid.

(4) Subsection (3) does not apply to the washwater generated from the first rinse through a parlour milking system or pipeline milking system.

(5) Milking centre washwater may be treated by means of a treatment unit that meets the design criteria specified in Article 8.6.2.2. of Division B of the Building Code.

(6) Milking centre washwater may be treated by means of a sewage works, other than a sediment tank and treatment trench system, if an approval in respect of the sewage works has been granted under section 53 of the Ontario Water Resources Act.

(7) Milking centre washwater may be disposed of in a waste disposal site for which a certificate of approval or provisional certificate of approval has been issued under Part V of the Environmental Protection Act.

(8) Milking centre washwater may be treated in a regulated mixed anaerobic digestion facility.

Land application, milking centre washwater and sludge pump-out

61.10 (1) Milking centre washwater may be applied to the land of a farm unit if the application complies with,

(a) subsections 46 (1), (2) and (3), section 52.4 and subsections 52.5 (2) and (3); and

(b) sections 42, 43, 44, 52.1 and 52.6, which apply as if the washwater were liquid NASM.

(2) Sludge pump-out may be applied to the land of a farm unit if,

(a) the application complies with the provisions listed in clause (1) (a);

(b) the sludge pump-out is applied,

(i) by injection, or

(ii) so that the materials applied are incorporated within 24 hours of application; and

(c) the application rate does not exceed 34,000 litres per hectare in any 48-hour period.

(3) The conditions set out in subsections (1) and (2) apply even if this Regulation does not require the dairy operation to have a nutrient management plan.

46. The heading to Part VIII of the Regulation is revoked and the following substituted:

Part VIII
siting, construction and storage

47. Section 62 of the Regulation is revoked and the following substituted:

General

Duty of person who owns or controls agricultural operation

62. A person who owns or controls an agricultural operation shall ensure that the requirements of this Part are met in relation to the operation.

Application of Part

62.1 (1) Subject to subsections (2), (3) and (4), this Part applies to an operation only if this Regulation requires the operation to have a nutrient management strategy, nutrient management plan or NASM plan.

(2) Except for sections 63 and 81, this Part does not apply to a permanent solid nutrient storage facility that has,

(a) a volume of less than 600 cubic metres;

(b) a surface area of less than 600 square metres; and

(c) walls that do not have an exposed height of more than 1 metre.

(3) Sections 81 to 81.4 and 82 to 86 apply with respect to the storage of NASM even if the operation is not required to have a nutrient management strategy, nutrient management plan or NASM plan.

(4) This Part does not apply to a permanent nutrient storage facility or temporary field nutrient storage site that is subject to a certificate of approval or provisional certificate of approval under Part V of the Environmental Protection Act.

Facilities for storage of off-farm anaerobic digestion materials

62.2 When an operation is required to have a nutrient management strategy because it treats materials through mixed anaerobic digestion in a regulated mixed anaerobic digestion facility and a storage facility for these materials is constructed or expanded on or after July 26, 2007,

(a) every reference in this Part to a permanent nutrient storage facility shall be read as including a reference to a facility for the storage of off-farm anaerobic digestion materials; and

(b) the provisions of this Part that relate to a permanent liquid nutrient storage facility and a permanent solid nutrient storage facility apply, with necessary modifications, to a facility for the storage of off-farm anaerobic digestion materials.

Facilities subject to approval under Environmental Protection Act, Part V

62.3 A permanent nutrient storage facility or temporary field nutrient storage site that is used to store NASM and is subject to a certificate of approval or provisional certificate of approval under Part V of the Environmental Protection Act,

(a) is not a NASM storage facility for the purposes of this Regulation; and

(b) is not part of a NASM plan area.

48. Subsections 63 (5) and (6) of the Regulation are revoked and the following substituted:

(5) On or after the day on which this Regulation requires an operation to have a nutrient management strategy or nutrient management plan, no person shall construct or expand a permanent nutrient storage facility used on a farm unit in the course of the operation if the facility permits liquid prescribed materials to enter a tile drainage system.

(6) Subsection (1), except clause (c), and subsections (2), (3), (4) and (5) also apply, with necessary modifications, to a person who, on or after the day on which this Regulation requires an operation to have a NASM plan for a NASM plan area, constructs or expands a permanent NASM storage facility used on the NASM plan area in the course of the operation.

(7) A person who, on or after the day on which this Regulation requires an operation to have a nutrient management strategy or nutrient management plan, constructs or expands, within 15 metres of a permanent nutrient storage facility, a drainage system that is used in the course of the operation and is intended to collect water and divert it away from the facility, shall ensure that at least one of the following conditions is met:

1. The system is constructed with non-perforated pipe and all subsurface joints in the piping are properly sealed.

2. All water collected by the drainage system discharges into a treatment system.

3. The foundation drains of the permanent nutrient storage facility are equipped with an observation and shut-off station.

(8) Subsection (7) also applies, with necessary modifications, to a person who, on or after the day on which this Regulation requires an operation to have a NASM plan for a NASM plan area, constructs or expands, within 15 metres of a NASM storage facility that is a permanent nutrient storage facility, a drainage system that is used in the course of the operation and is intended to collect water and divert it away from the facility.

49. (1) Paragraph 1 of subsection 65 (2) of the Regulation is amended by striking out “the uppermost identified bedrock layer or aquifer” and substituting “bedrock or the uppermost identified aquifer”.

(2) Paragraph 2 of subsection 65 (2) of the Regulation is amended by striking out “the uppermost identified bedrock layer or aquifer” and substituting “bedrock or the uppermost identified aquifer”.

(3) Paragraph 3 of subsection 65 (2) of the Regulation is amended by striking out “the uppermost identified bedrock layer or aquifer” and substituting “bedrock or the uppermost identified aquifer”.

(4) Paragraph 4 of subsection 65 (2) of the Regulation is amended by striking out “the uppermost identified bedrock layer or aquifer” and substituting “bedrock or the uppermost identified aquifer”.

(5) Paragraph 6 of subsection 65 (2) of the Regulation is amended by striking out “the uppermost identified bedrock layer or aquifer” and substituting “bedrock or the uppermost identified aquifer”.

(6) Section 65 of the Regulation is amended by adding the following subsection:

(2.1) Subsection (1), and subsection (2), except paragraph 5, also apply, with necessary modifications, on or after the day on which this Regulation requires an operation to have a NASM plan for a NASM plan area, to a person who constructs or expands a permanent liquid NASM storage facility used on the NASM plan area in the course of the operation.

(7) Clause 65 (3) (b) of the Regulation is amended by striking out “the uppermost identified bedrock layer or aquifer” and substituting “bedrock or the uppermost identified aquifer”.

(8) Section 65 of the Regulation is amended by adding the following subsection:

(4) No person shall store liquid NASM in an unlined facility made of earth.

50. (1) Clause 66 (1) (a) of the Regulation is amended by striking out “the uppermost identified bedrock or aquifer” and substituting “bedrock or the uppermost identified aquifer”.

(2) Clause 66 (1) (b) of the Regulation is amended by striking out “the uppermost identified bedrock or aquifer” and substituting “bedrock or the uppermost identified aquifer”.

(3) Subsection 66 (2) of the Regulation is revoked and the following substituted:

(2) Subsection (1) applies to a permanent solid nutrient storage facility used in the course of the operation on a farm unit where the facility does not have a concrete floor and where,

(a) the number of farm animals on the farm unit is sufficient to generate 300 or more nutrient units annually; or

(b) the conditions set out in subsection (3) are met.

(3) The conditions referred to in clause (2) (b) are:

1. The person who owns or controls the farm unit,

i. submits an application, on or after September 30, 2003, for a building permit under the Building Code Act, 1992 with respect to any building or structure that is used to house farm animals or to store manure and that is located or to be located on the farm unit, or

ii. constructs or causes to be constructed any building or structure that is used to house farm animals or to store manure and that is located or to be located on the farm unit, if a building permit in respect of the building or structure would be required under the Building Code Act, 1992 but for the application of clause 1.3.1.1. (1) (b) of Division C of the Building Code.

2. The construction work on the building or structure would increase the capacity of the farm unit to house farm animals to a number that would be sufficient to generate 300 or more nutrient units annually.

(4) Section 66 of the Regulation is amended by adding the following subsection:

(4) On or after the day on which this Regulation requires an operation to have a NASM plan for a NASM plan area, no person shall construct or expand a permanent solid NASM storage facility that is used on the NASM plan area in the course of the operation unless the facility has a concrete floor.

51. Section 70 of the Regulation is revoked. 

52. (1) Subsection 71 (1) of the Regulation is revoked and the following substituted:

Design and construction

(1) On or after the day on which this Regulation requires an operation to have a nutrient management strategy or nutrient management plan, no person shall construct or expand a permanent nutrient storage facility used on a farm unit in the course of the operation unless,

(a) a professional engineer designs the construction or expansion, including any associated monitoring systems, having regard to the requirements of this Regulation, and signs a commitment certificate prepared in a form and manner specified by a Director by which the engineer undertakes to have regard to those requirements;

(b) the facility is designed to minimize leakage, minimize corrosion and to be structurally safe and sound;

(c) the construction or expansion complies with this Part; and

(d) a professional engineer performs a general review of the construction or expansion to ensure that it complies with this Part.

(1.1) Subsection (1), as remade by subsection 52 (1) of Ontario Regulation 338/09, applies to construction and expansion projects that are completed on or after September 18, 2009.

(2) Subsection 71 (2) of the Regulation is revoked and the following substituted:

(2) On or after the day on which this Regulation requires an operation to have a NASM plan for a NASM plan area, no person shall construct or expand a permanent NASM storage facility that is used on the NASM plan area in the course of the operation unless the conditions set out in clauses (1) (a) to (d) are satisfied.

53. (1) Subsection 72 (1) of the Regulation is amended by striking out “constructs” and substituting “constructs or expands”.

(2) Section 72 of the Regulation is amended by adding the following subsection:

(3) Subsections (1) and (2) also apply, with necessary modifications, to a person who, on or after the day on which this Regulation requires an operation to have a NASM plan for a NASM plan area, constructs a permanent NASM storage facility that is used on the NASM plan area in the course of the operation and is comprised wholly or partially of concrete.

54. Section 73 of the Regulation is amended by adding the following subsection:

(3) Subsections (1) and (2) also apply, with necessary modifications, to a person who, on or after the day on which this Regulation requires an operation to have a NASM plan for a NASM plan area, installs a liner in a permanent NASM storage facility that is used on the NASM plan area in the course of the operation.

55. Section 74 of the Regulation is amended by adding the following subsection:

(5) Subsections (1), (2), (3) and (4) also apply, with necessary modifications, to a person who, on or after the day on which this Regulation requires an operation to have a NASM plan for a NASM plan area, installs a synthetic liner in a permanent NASM storage facility that is used on the NASM plan area in the course of the operation.

56. Section 75 of the Regulation is amended by adding the following subsection:

(3) Subsections (1) and (2) also apply, with necessary modifications, to a person who, on or after the day on which this Regulation requires an operation to have a NASM plan for a NASM plan area, installs a compacted soil liner in a permanent NASM storage facility that is used on the NASM plan area in the course of the operation.

57. (1) Clause 76 (a) of the Regulation is amended by striking out “the Building Code” and substituting “Ontario Regulation 403/97 (Building Code), as it read on December 30, 2006”.

(2) Section 76 of the Regulation is amended by adding the following subsection:

(2) On or after the day on which this Regulation requires an operation to have a NASM plan for a NASM plan area, no person shall construct or expand a permanent liquid NASM storage facility that is used on the NASM plan area in the course of the operation where the maximum liquid level is either partially or wholly located above the surface of the soil, unless the conditions set out in clauses (1) (a) to (c) are satisfied.

58. (1) Section 77 of the Regulation is amended by striking out “a person who constructs” and substituting “a person who constructs or expands”.

(2) Section 77 of the Regulation is amended by striking out “the Building Code” and substituting “Ontario Regulation 403/97 (Building Code), as it read on December 30, 2006”.

(3) Section 77 of the Regulation is amended by adding the following subsection:

(2) Subsection (1) also applies, with necessary modifications, to a person who, on or after the day on which this Regulation requires an operation to have a NASM plan for a NASM plan area, constructs or expands a permanent liquid NASM storage facility that is used on the NASM plan area in the course of the operation.

59. (1) Subsection 78 (1) of the Regulation is amended by striking out “construct” and substituting “construct or expand”.

(2) Subsection 78 (2) of the Regulation is revoked and the following substituted:

(2) Subsection (1) also applies, with necessary modifications, to a person who, on or after the day on which this Regulation requires an operation to have a NASM plan for a NASM plan area, constructs or expands a permanent liquid NASM storage facility that is used on the NASM plan area in the course of the operation.

(3) The ventilation system described in subsection (1) may include natural or powered means of dispersing the gases from liquid prescribed materials.

60. (1) Section 79 of the Regulation is amended by striking out “construct” in the portion before clause (a) and substituting “construct or expand”.

(2) Section 79 of the Regulation is amended by adding the following subsection:

(2) Subsection (1) also applies, with necessary modifications, to a person who, on or after the day on which this Regulation requires an operation to have a NASM plan for a NASM plan area, constructs or expands a permanent liquid NASM storage facility that is used on the NASM plan area in the course of the operation.

61. (1) Section 80 of the Regulation is amended by striking out “construct” in the portion before clause (a) and substituting “construct or expand”.

(2) Clause 80 (c) of the Regulation is amended by striking out “for Ontario”.

(3) Section 80 of the Regulation is amended by adding the following subsection:

(2) Subsection (1), except clause (c), also applies, with necessary modifications, to a person who, on or after the day on which this Regulation requires an operation to have a NASM plan for a NASM plan area, constructs or expands a permanent NASM storage facility that is used on the NASM plan area in the course of the operation.

62. (1) Section 81 of the Regulation is amended by adding the following subsection:

(1.1) On or after the day on which this Regulation requires an operation to have a NASM plan for a NASM plan area, no person shall store NASM in a permanent solid NASM storage facility that is used on the NASM plan area in the course of the operation unless it is equipped with a runoff management system that is capable of managing all the runoff generated by the facility and that complies with this section.

(2) Subsection 81 (4) of the Regulation is amended by adding the following paragraphs:

5. A sewage works approved under section 53 of the Ontario Water Resources Act.

6. A sewage system regulated under Part 8 of the Building Code.

63. The Regulation is amended by adding the following section immediately before the heading “Temporary Field Nutrient Storage Sites”:

Rules for Storage of NASM

Permitted storage facilities

81.1 No storage of NASM at an agricultural operation is permitted except,

(a) storage of solid NASM,

(i) in a NASM storage facility that is a temporary field nutrient storage site, in accordance with section 83, and

(ii) in a temporary field nutrient storage site that is subject to a certificate of approval or provisional certificate of approval under Part V of the Environmental Protection Act;

(b) storage of solid or liquid NASM,

(i) in a permanent NASM storage facility, in accordance with section 81.4, and

(ii) in a permanent nutrient storage facility that is subject to a certificate of approval or provisional certificate of approval under Part V of the Environmental Protection Act; and

(c) storage of liquid NASM in a portable tank in accordance with section 81.3.

Special rules re OC3 NASM

81.2 (1) OC3 NASM that is received at an agricultural operation shall be applied by midnight on the day it is received.

(2) No person shall store OC3 NASM at an agricultural operation beyond the application deadline set out in subsection (1).

(3) No person shall store OC3 NASM at an agricultural operation unless,

(a) the storage facility is located,

(i) at least 450 metres from any residential area or commercial, community or institutional use; and

(ii) at least 200 metres away from a dwelling; or

(b) in the case of solid NASM, it is covered with a rain shedding tarp or waterproof covering.

(4) No person shall transfer OC3 NASM to land application equipment at an agricultural operation or to a NASM storage facility,

(a) within 450 metres of any residential area or commercial, community or institutional use; or

(b) within 200 metres of a dwelling.

(5) Subsection (4) does not apply,

(a) in the case of solid NASM, if it is covered with a rain shedding tarp or waterproof covering; or

(b) if the transfer takes place inside a closed transfer system.

Temporary storage of liquid NASM

81.3 Liquid NASM may be stored in a portable tank that is used to supply the material to the field for application, subject to the following rules:

1. The capacity of the tank shall not exceed the quantity of NASM that can be applied to a NASM plan area within one day.

2. Liquid NASM that is received at an agricultural operation shall be applied by midnight on the day it is received.

3. Liquid NASM shall not be stored in the tank beyond the application deadline set out in paragraph 2.

Storage of NASM in permanent nutrient storage facilities

81.4 (1) NASM may be stored in a permanent nutrient storage facility that was constructed before January 1, 2011 and has not been expanded on or after that date only if,

(a) the facility is subject to a certificate of approval or provisional certificate of approval under Part V of the Environmental Protection Act; or

(b) the facility was constructed after June 30, 2003 in accordance with the requirements of this Part.

(2) NASM may be stored in a permanent NASM storage facility that was constructed or expanded on or after January 1, 2011 only if it was constructed or expanded in accordance with the requirements of this Part.

(3) NASM may be stored in a permanent NASM storage facility only if it is to be applied to NASM application areas on the same farm unit as the facility.

(4) NASM may be stored in a permanent NASM storage facility only if it has the necessary capacity and has the structural integrity required for storing NASM.

(5) The requirements in subsections (3) and (4) apply in addition to the requirement in subsection (1) or (2), as the case may be.

(6) A permanent NASM storage facility that is constructed or expanded on or after January 1, 2011 shall be,

(a) designed by a professional engineer to minimize odour emissions; and

(b) constructed in accordance with the professional engineer’s design specifications.

64. (1) Paragraph 3 of subsection 83 (1) of the Regulation is revoked and the following substituted:

3. Nutrients must not be stored on soils whose hydrological soil group is A unless the depth of soil is at least 0.9 metres to bedrock.

(2) The French version of clause 83 (2) (d) of the Regulation is amended by striking out “matières sèches biologiques égouttées mécaniquement provenant d’égouts municipaux” and substituting “biosolides d’égouts municipaux égouttés mécaniquement”.

(3) The French version of clause 83 (2) (e) of the Regulation is amended by striking out “matières sèches biologiques égouttées mécaniquement provenant d’égouts municipaux” and substituting “biosolides d’égouts municipaux égouttés mécaniquement”.

(4) Clauses 83 (2) (d) and (e) of the Regulation are revoked and the following substituted:

(d) within 200 metres of a dwelling or within 450 metres of a residential area or commercial, community or institutional use, if the site is used for storing OC2 NASM; or

(e) within 125 metres of a dwelling or within 250 metres of a residential area or commercial, community or institutional use, if the site is used for storing agricultural source materials or OC1 NASM.

65. (1) The French version of clause 85 (1) (a) of the Regulation is amended by striking out “matières sèches biologiques égouttées mécaniquement provenant d’égouts municipaux” and substituting “biosolides d’égouts municipaux égouttés mécaniquement”.

(2) The French version of clause 85 (1) (b) of the Regulation is amended by striking out “matières sèches biologiques égouttées mécaniquement provenant d’égouts municipaux” and substituting “biosolides d’égouts municipaux égouttés mécaniquement”.

(3) The French version of subsection 85 (2) of the Regulation is amended by striking out “matières sèches biologiques égouttées mécaniquement provenant d’égouts municipaux” in the portion before paragraph 1 and substituting “biosolides d’égouts municipaux égouttés mécaniquement”.

(4) The French version of paragraph 5 of subsection 85 (2) of the Regulation is amended by striking out “matières sèches biologiques égouttées mécaniquement provenant d’égouts municipaux” and substituting “biosolides d’égouts municipaux égouttés mécaniquement”.

(5) Item 4 of the Table to subsection 85 (2) of the Regulation is amended by striking out “as defined by the Drainage Guide for Ontario” in Column 2.

66. (1) Subsection 87 (1) of the Regulation is revoked and the following substituted:

(1) On or after the day on which this Regulation requires an operation to have a nutrient management strategy or nutrient management plan, no person shall construct or expand a liquid nutrient transfer system in the course of the operation, other than a floor transfer system defined in section 88, unless,

(a) the system is designed and constructed or expanded in accordance with this Part;

(b) a professional engineer designs the construction or expansion; and

(c) a professional engineer performs a general review of the construction or expansion to ensure that it complies with this Part.

(2) Section 87 of the Regulation is amended by adding the following subsection:

(1.1) Subsection (1) also applies, with necessary modifications, to a person who, on and after the day on which this Regulation requires an operation to have a NASM plan for a NASM plan area, constructs or expands a liquid nutrient transfer system on the NASM plan area for the purpose of transferring liquid NASM in the course of the operation.

(3) Section 87 of the Regulation is amended by adding the following subsection:

(2.1) Subsection (2) also applies, with necessary modifications, to a person who, on and after the day on which this Regulation requires an operation to have a NASM plan for a NASM plan area, installs pipe connections in a liquid nutrient transfer system on the NASM plan area for the purpose of transferring liquid NASM in the course of the operation.

(4) Section 87 of the Regulation is amended by adding the following subsection:

(5) Subsections (3) and (4) also apply, with necessary modifications, to a person who, on and after the day on which this Regulation requires an operation to have a NASM plan for a NASM plan area, installs a liquid nutrient transfer system on the NASM plan area for the purpose of transferring liquid NASM in the course of the operation.

67. Section 89 of the Regulation is revoked.

68. (1) Clause 91 (1) (a) of the Regulation is amended by striking out “available phosphorus, available potassium” and substituting “plant available phosphorus, plant available potassium”.

(2) Subclause 91 (1) (b) (i) of the Regulation is amended by striking out “available phosphorus” and substituting “plant available phosphorus”.

(3) Subclause 91 (1) (b) (ii) of the Regulation is amended by striking out “available potassium” and substituting “plant available potassium”.

(4) Subsection 91 (2) of the Regulation is amended by striking out “available phosphorus and available potassium” and substituting “plant available phosphorus and plant available potassium”.

(5) Clause 91 (3) (a) of the Regulation is amended by striking out “kjeldahl nitrogen” and substituting “Kjeldahl nitrogen”.

69. Subsection 92 (2) of the Regulation is revoked and the following substituted:

(2) The maximum application rate to land for the manure or the anaerobic digestion output in the sample must be such that the total plant available phosphate in the nutrients that are applied to land per hectare during any consecutive five-year period does not exceed the greater of,

(a) the crop production requirements per hectare for that five-year period plus 85 kilograms of phosphate per hectare; and

(b) the phosphate removed from the land per hectare in the harvested portion of the crop during that five-year period plus 390 kilograms of phosphate per hectare.

70. Sections 93, 94, 94.1, 95, 96, 97 and 98 of the Regulation are revoked and the following substituted:

Non-Agricultural Source Materials — Sampling and Analysis

Sampling and analysis procedures

93. (1) Each person who is required under section 94 or 95 to collect a sample shall do so in accordance with this Part and the methods specified in the Sampling and Analysis Protocol.

(2) Each person who is required under section 94 or 95 to have a sample analyzed shall have the analysis done in accordance with this Part and the methods specified in the Sampling and Analysis Protocol. 

(3) Whenever this Part requires a person to collect a sample or to have it analyzed, the sample shall be a composite sample.

(4) Subsections (1) to (3) apply, with necessary modifications, to testing required by a Director under section 98.0.16.

Soil testing

94. (1) Each person who is required to have a nutrient management plan or NASM plan for an agricultural operation in the course of which Category 2 or Category 3 NASM is applied to land shall, as part of preparing the plan, collect at least one sample from the soil of the land and have the sample analyzed to determine the concentration of each of the following parameters:

1. Plant available phosphorus.

2. Plant available potassium.

3. Regulated metals.

4. Soil pH.

(2) In the case of the analysis for each regulated metal, the analysis must report the concentration of each regulated metal in the sample in milligrams of metal per kilogram of total solids, calculated on a dry weight basis.

(3) A nutrient management plan or NASM plan does not come into force until the person who is required to comply with subsections (1) and (2) has done so.

(4) If the most recent sample collected and analyzed under subsection (1) as part of preparing the nutrient management plan or NASM plan, or under this subsection, was collected more than five years before the date on which it is proposed to apply Category 2 or Category 3 NASM to the land, the person who is required to comply with subsections (1) and (2) shall ensure that a fresh sample is collected and analyzed in accordance with those subsections.

(5) This Regulation does not require soil testing before Category 1 NASM is applied to land, except as set out in subsection (6).

(6) Subsections (1), (2) and (4) apply, with necessary modifications, to a person who proposes to apply more than 20 tonnes of Category 1 NASM per hectare of land, during a calendar year, in the course of an agricultural operation.

NASM testing

95. Each generator who generates non-agricultural source materials that are intended to be applied to land in the course of an agricultural operation shall, on or before the transfer date,

(a) carry out sampling in accordance with section 97, 98, 98.0.1, 98.0.2, 98.0.3, 98.0.4 or 98.0.5, as the case may be; and

(b) have the samples analyzed as the relevant section requires.

Prohibition

96. (1) This section applies with respect to a person who is required to have a nutrient management plan or NASM plan for an agricultural operation in the course of which non-agricultural source materials are applied to land.

(2) If one of the conditions set out in subsection (3) is satisfied, the person shall not receive non-agricultural source materials on the farm unit on which an agricultural operation is carried out unless the person also receives the results of any analysis required by section 97, 98, 98.0.1, 98.0.2, 98.0.3, 98.0.4 or 98.0.5, or under section 98.0.16, as the case may be.

(3) The conditions mentioned in subsection (2) are:

1. The person is receiving materials generated by that particular generator for the first time since January 1, 2011.

2. More than 1 month has passed since the last time the person received the results of any analysis described in subsection (2) from that generator.

(4) The generator shall ensure that, when the person receives non-agricultural source materials from the generator, the person also receives the results of any analysis described in subsection (2).

Category 1 NASM

97. (1) This Regulation does not require testing of Category 1 NASM, except as set out in subsection (2).

(2) Section 98 applies, with necessary modifications, if Category 1 NASM is to be applied to land at a rate of more than 20 tonnes per hectare of land during a calendar year.

Category 2 NASM

98. (1) This section applies to Category 2 NASM. 

(2) The following rules apply to sampling and analysis to determine nutrient and metal content:

1. Two samples shall be taken during the two-month period before the transfer date.  At least one of them shall be taken during the one-month period before the transfer date.

2. The samples shall be analyzed for the following parameters:

i. Total solids.

ii. Total Kjeldahl nitrogen.

iii. Ammonia and ammonium nitrogen.

iv. Nitrate and nitrite nitrogen.

v. Total phosphorus.

vi. All regulated metals.

vii. Any additional parameters listed in Column 2 of Table 2 of Schedule 4.

3. The concentration of each parameter shall be calculated as the average of the results from all samples taken during the four-month period before the transfer date.  The results from the samples mentioned in paragraph 1 may be excluded from the calculation if, on the transfer date, the generator has not yet received those results.

(3) NASM to which this section applies is assumed to be CP1; no sampling or analysis for pathogens is required.

Category 3 NASM, except sewage biosolids and other material containing human body waste

98.0.1 (1) This section applies to Category 3 NASM, except sewage biosolids and other material containing human body waste.

(2) The following rules apply to sampling and analysis to determine nutrient and metal content:

1. Two samples shall be taken during the two-month period before the transfer date.  At least one of them shall be taken during the one-month period before the transfer date.

2. The samples shall be analyzed for the following parameters:

i. The parameters listed in subparagraphs 2 i to vi of subsection 98 (2).

ii. Any additional parameters listed in Column 2 of Table 3 of Schedule 4.

3. The concentration of each parameter shall be calculated as the average of the results from all samples taken during the four-month period before the transfer date.  The results from the samples mentioned in paragraph 1 may be excluded from the calculation if, on the transfer date, the generator has not yet received those results.

(3) NASM to which this section applies is assumed to be CP2; sampling and analysis are required only if the generator wishes to determine pathogen levels in order to confirm that the material is CP1.

(4) If NASM to which this section applies is sampled and analyzed to determine pathogen levels, the following rules apply:

1. Two samples shall be taken during the two-month period before the transfer date.  At least one of them shall be taken during the one-month period before the transfer date.

2. The samples shall be analyzed for the pathogens listed in Items 1, 2, 3 and 4 of Column 1 of Table 1 of Schedule 6, subject to paragraph 4.

3. If the NASM is generated at a site operating under a certificate of approval or provisional certificate of approval under Part V of the Environmental Protection Act

or under an approval granted under section 53 of the Ontario Water Resources Act, the samples do not need to be analyzed for the pathogens listed in Items 3 and 4 of Column 1 of Table 1 of Schedule 6.

4. The level of each pathogen shall be calculated as the geometric mean of the results from all samples taken during the four-month period before the transfer date. The results from the samples mentioned in paragraph 1 may be excluded from the calculation if, on the transfer date, the generator has not yet received those results.

Sewage biosolids from large treatment works

98.0.2 (1) This section applies to sewage biosolids from municipal sewage treatment works with an approved design capacity of more than 45,400 cubic metres, but only if,

(a) the sewage biosolids are not stored or treated in a lagoon; and

(b) the generator ships them directly to an agricultural operation for land application. 

(2) The following rules apply to sampling and analysis to determine nutrient and metal content:

1. Four samples shall be taken during the two-month period before the transfer date.  At least two of them shall be taken during the one-month period before the transfer date.

2. The samples shall be analyzed for the parameters listed in subparagraphs 2 i to vi of subsection 98 (2).

3. The concentration of each parameter shall be calculated as the average of the results from all samples taken during the four-month period before the transfer date.  The results from the samples mentioned in paragraph 1 may be excluded from the calculation if, on the transfer date, the generator has not yet received those results.

(3) The following rules apply to sampling and analysis to determine pathogen levels:

1. Four samples shall be taken during the two-month period before the transfer date.  At least two of them shall be taken during the one-month period before the transfer date.

2. If the generator wishes to confirm that the material is CP2, the samples need to be analyzed only for E. coli.

3. If the generator wishes to confirm that the NASM is CP1, the samples shall be analyzed for the pathogens listed in Column 1 of Table 2 of Schedule 6.

4. The level of each pathogen shall be calculated as the geometric mean of the results from all samples taken during the four-month period before the transfer date.  The results from the samples mentioned in paragraph 1 may be excluded from the calculation if, on the transfer date, the generator has not yet received those results.

Sewage biosolids from small treatment works

98.0.3 (1) This section applies to sewage biosolids from municipal sewage treatment works with an approved design capacity of 45,400 cubic metres or less, but only if,

(a) the sewage biosolids are not stored or treated in a lagoon; and

(b) the generator ships them directly to an agricultural operation for land application. 

(2) The following rules apply to sampling and analysis to determine nutrient and metal content:

1. Two samples shall be taken during the two-month period before the transfer date.  At least one of them shall be taken during the one-month period before the transfer date.

2. The samples shall be analyzed for the parameters listed in subparagraphs 2 i to vi of subsection 98 (2).

3. The concentration of each parameter shall be calculated as the average of the results from all samples taken during the four-month period before the transfer date.  The results from the samples mentioned in paragraph 1 may be excluded from the calculation if, on the transfer date, the generator has not yet received those results.

(3) The following rules apply to sampling and analysis to determine pathogen levels:

1. Two samples shall be taken during the two-month period before the transfer date.  At least one of them shall be taken during the one-month period before the transfer date.

2. If the generator wishes to confirm that the NASM is CP2, the samples need to be analyzed only for E. coli.

3. If the generator wishes to confirm that the NASM is CP1, the samples shall be analyzed for the pathogens listed in Column 1 of Table 2 of Schedule 6.

4. The level of each pathogen shall be calculated as the geometric mean of the results from all samples taken during the four-month period before the transfer date.  The results from the samples mentioned in paragraph 1 may be excluded from the calculation if, on the transfer date, the generator has not yet received those results.

Sewage biosolids from lagoons

98.0.4 (1) This section applies to sewage biosolids from municipal sewage lagoons, but only if the generator ships the NASM directly to an agricultural operation for land application. 

(2) The following rules apply to sampling and analysis to determine nutrient and metal content:

1. Four samples shall be taken during the four-month period before the transfer date.

2. If the lagoon has more than one cell, all samples must be taken from the cell from which the NASM is to be obtained. 

3. The samples shall be analyzed for the parameters listed in subparagraphs 2 i to vi of subsection 98 (2).

4. The concentration of each parameter shall be calculated as the average of the results from all samples taken during the four-month period before the transfer date.

(3) The following rules apply to sampling and analysis to determine pathogen levels:

1. Four samples shall be taken during the four-month period before the transfer date.

2. If the lagoon has more than one cell, all samples must be taken from the cell from which the NASM is to be obtained.

3. If the generator wishes to confirm that the NASM is CP2, the samples need to be analyzed only for E. coli.

4. If the generator wishes to confirm that the NASM is CP1, the samples shall be analyzed for the pathogens listed in Column 1 of Table 2 of Schedule 6.

5. The level of each pathogen shall be calculated as the geometric mean of the results from all samples taken during the four-month period before the transfer date.

Other sewage biosolids and materials containing human body waste

98.0.5 (1) This section applies to the following:

1. Sewage biosolids that come from any source not described in sections 98.0.2, 98.0.3 and 98.0.4.

2. Sewage biosolids that come from a source described in section 98.0.2, 98.0.3 or 98.0.4 but are not shipped directly to an agricultural operation for land application.

3. Other materials containing human body waste, other than untreated septage. 

(2) The following rules apply to sampling and analysis to determine nutrient and metal content:

1. Two samples shall be taken during the two-month period before the transfer date.  At least one of them shall be taken during the one-month period before the transfer date.

2. The samples shall be analyzed for the parameters listed in subparagraphs 2 i to vi of subsection 98 (2).

3. The concentration of each parameter shall be calculated as the average of the results from all samples taken during the four-month period before the transfer date.  The results from the samples mentioned in paragraph 1 may be excluded from the calculation if, on the transfer date, the generator has not yet received those results.

(3) The following rules apply to sampling and analysis to determine pathogen levels:

1. Two samples shall be taken during the two-month period before the transfer date.  At least one of them shall be taken during the one-month period before the transfer date.

2. If the generator wishes to confirm that the material is CP2, the samples need to be analyzed only for E. coli.

3. If the generator wishes to confirm that the NASM is CP1, the samples shall be analyzed for the pathogens listed in Column 1 of Table 2 of Schedule 6.

4. The level of each pathogen shall be calculated as the geometric mean of the results from all samples taken during the four-month period before the transfer date.  The results from the samples mentioned in paragraph 1 may be excluded from the calculation if, on the transfer date, the generator has not yet received those results.

Non-Agricultural Source Materials — Land Application Rules

General prohibition, requirement of benefit

98.0.6 (1) Despite anything else in this Regulation, no person shall apply NASM to land unless at least one of the following conditions is satisfied:

1. In the case of solid or liquid NASM, the amount of total organic matter is more than 15 per cent of the total weight of the NASM.

2. In the case of solid or liquid NASM, the NASM is used to increase the soil pH value.

3. In the case of solid NASM, the total concentration of plant available nitrogen, plant available phosphate and plant available potassium, determined in accordance with the Sampling and Analysis Protocol, is more than 13,000 milligrams per kilogram of NASM, calculated on a dry weight basis.

4. In the case of liquid NASM, the total concentration of plant available nitrogen, plant available phosphate and plant available potassium is more than 140 milligrams per litre of NASM.

5. In the case of liquid NASM, the condition set out in paragraph 4 is not satisfied but the liquid NASM is an aqueous solution or suspension containing more than 99 per cent water by weight and is used to irrigate crops during the period that begins on June 15 and ends on September 30 of the same year.

(2) In paragraph 1 of subsection (1),

“total organic matter” means the quantity of material lost on ignition, according to section 4.3.3 of the Sampling and Analysis Protocol, expressed as a percentage of the initial dry weight of the sample.

Calculation of maximum application rates

98.0.7 (1) This section and sections 98.0.8 to 98.0.16 apply when a person who is required to collect soil samples and have them analyzed under section 94 intends to apply NASM to land in the course of the agricultural operation.

(2) The person shall calculate the maximum application rate or rates for the specific NASM that is intended to be applied to the land, in accordance with the Nutrient Management Protocol, using the concentrations most recently determined,

(a) under section 94, for the soil; and

(b) under section 95, for the NASM.

Maximum application rate, PAN

98.0.8 (1) The maximum application rate to land for NASM with reference to plant available nitrogen is a rate such that the plant available nitrogen in the NASM that is applied to the land per hectare, for any 12-month period, does not exceed the lesser of,

(a) the quantity determined under subsection (2); and

(b) 200 kilograms per hectare.

(2) The quantity for the purposes of clause (1) (a) is the greater of,

(a) the crop production requirements for nitrogen, minus plant available nitrogen supplied by other nutrient sources; and

(b) the quantity of nitrogen removed from the field in the harvested portion of the crop, minus plant available nitrogen supplied by other nutrient sources.

(3) For the purposes of this section, the plant available nitrogen in the NASM that is applied to land shall be calculated in accordance with the formula for plant available nitrogen in section 8.2.4 of the Nutrient Management Protocol.

Maximum application rate, PAP

98.0.9 The maximum application rate to land for NASM with reference to plant available phosphate is a rate such that the total plant available phosphate in the nutrients that are applied to the land per hectare during any five-year period does not exceed the amount of phosphate removed from the land per hectare in the harvested portion of the crop during that period plus 390 kilograms of phosphate per hectare.

Maximum application rates, Category 1 NASM

98.0.10 The person who owns or controls the farm unit on which an agricultural operation is carried on shall comply with one of the following maximum application rates for Category 1 NASM:

1. 20 tonnes of NASM per hectare, calculated on a wet weight basis, in any 12-month period.

2. The lesser of the rates determined under sections 98.0.8 and 98.0.9.

Maximum application rates, Category 2 and 3 NASM, PAN and PAP

98.0.11 The maximum application rates to land for Category 2 and Category 3 NASM with reference to plant available nitrogen and plant available phosphate are the rates determined under sections 98.0.8 and 98.0.9.

Maximum application rate, Category 2 and 3 NASM, regulated metals

98.0.12 (1) The maximum application rate to land for Category 2 and Category 3 NASM with reference to regulated metals is a rate such that none of the amounts set out in Column 2 of the Table to this section are exceeded in any five-year period.

(2) No person shall apply Category 2 or Category 3 NASM that is CM2 to land whose soil exceeds the concentration of any regulated metal set out in Column 3 of the Table to this section, unless the application is contemplated in a NASM plan that has been approved under section 28.

(3) A Director may approve a NASM plan that contemplates an application described in subsection (2) if the Director is satisfied that the application will not result in a measurable increase in the concentration of any regulated metal in the soil.

Table — Maximum Application Rates, Regulated Metals

 


Item


Column 1 — Regulated metal


Column 2 — Maximum addition to soil (in kilograms of regulated metal per hectare/per five years


Column 3 — Maximum concentration in soil (in milligrams per kilogram of soil, dry weight)




1.


Arsenic


1.4


 14




2.


Cadmium


0.27


1.6




3.


Cobalt


2.7


  20




4.


Chromium


  23.3


120




5.


Copper


  13.6


100




6.


Lead


9


  60




7.


Mercury


0.09


0.5




8.


Molybdenum


0.8


4




9.


Nickel


3.56


  32




10.


Selenium


0.27


1.6




11.


Zinc


  33


220




Maximum application rate, Category 2 and 3 NASM, sodium

98.0.13 (1) This section applies with respect to Category 2 and Category 3 NASM of the types listed in Column 1 of Items 5 and 6 of Table 2 of Schedule 4 and Column 1 of Items 1, 4 and 5 of Table 3 of Schedule 4.

(2) This section also applies with respect to Category 2 or Category 3 NASM of a type not described in subsection (1) if a Director requires testing for sodium in accordance with subsection 98.0.16 (3).

(3) The maximum application rate to land for the materials with reference to sodium is a rate such that the amount set out in Column 2 of the Table to this section opposite the hydrologic soil group to which the land belongs, set out in Column 1 of the Table, is not exceeded in any 12-month period.

Table — Maximum Application Rates, Sodium

 


Item


Column 1 — Hydrologic soil group


Column 2 — Maximum addition to soil (in kilograms of sodium per hectare/year




1.


A


200




2.


B


200




3.


C


500




4.


D


500




Maximum application rate, Category 2 and 3 NASM, FOG

98.0.14 (1) This section applies with respect to Category 3 NASM of the types listed in Column 1 of Items 1, 4, 5, 7 and 9 of Table 3 of Schedule 4.

(2) This section also applies with respect to Category 2 NASM or to Category 3 NASM of a type not described in subsection (1) if a Director requires testing for fats, oils and grease in accordance with subsection 98.0.16 (3).

(3) The maximum application rate to land for the materials with reference to fats, oils and grease is a rate such that the amount set out in Column 2 of the Table to this section opposite the hydrologic soil group to which the land belongs, set out in Column 1 of the Table, is not exceeded in any 12-month period.

Table — Maximum Application Rates, FOG (Fats, Oils and Grease)

 


Item


Column 1 — Hydrologic soil group


Column 2 — Maximum addition to soil (in kilograms of fats, oils and grease per hectare/year




1.


A


5,000




2.


B


5,000




3.


C


2,500




4.


D


2,500




Maximum application rate, Category 2 and 3 NASM, boron

98.0.15 (1) This section applies with respect to Category 3 NASM of the type listed in Column 1 of Item 10 of Table 3 of Schedule 4.

(2) This section also applies with respect to Category 2 NASM or to Category 3 NASM of a type not described in subsection (1) if a Director requires testing for boron in accordance with subsection 98.0.16 (3).

(3) The maximum application rate to land for the materials with reference to boron is a rate such that the amount of boron added to the soil in any 12-month period does not exceed one kilogram of boron per hectare.

Director’s decision, additional requirements

98.0.16 (1) This section applies with respect to Category 2 and Category 3 NASM.

(2) When dealing with a NASM plan under section 28 or 31.1, a Director may act under subsection (3) or under subsections (4) and (5) if he or she considers it necessary to do so in order to,

(a) prevent, decrease or eliminate an adverse effect; or

(b) prevent NASM from being managed in a way that is not in accordance with the standards established in this Regulation for OC1, OC2 and OC3 NASM.

(3) The Director may require testing,

(a) for sodium, as described in subsection 98.0.13 (2);

(b) for fats, oils and grease, as described in subsection 98.0.14 (2);

(c) for boron, as described in subsection 98.0.15 (2).

(4) The Director may require testing for any substance not mentioned in section 98.0.12, 98.0.13, 98.0.14 or 98.0.15.

(5) If the Director requires testing under subsection (4), he or she shall also determine,

(a) rules for sampling and analysis with reference to the substance; and

(b) the maximum application rate for the substance, or a method for calculating the maximum application rate for NASM with reference to the substance.

Prohibitions

98.0.17 (1) No person shall apply Category 2 or Category 3 NASM to land at a rate that exceeds the applicable maximum application rate determined under section 98.0.8. 98.0.9, 98.0.10, 98.0.11, 98.0.12, 98.0.13, 98.0.14, 98.0.15 or 98.0.16.

(2) No person shall apply Category 2 or Category 3 NASM to land if the concentration for plant available phosphorus in the soil of the land, as determined under sections 93 and 94, exceeds 60 milligrams per litre of soil, unless the application is contemplated in a NASM plan that has been approved under section 28.

(3) No person shall apply Category 2 or Category 3 NASM that is CM2 to land if the existing soil pH value is less than six, unless the application is contemplated in a NASM plan that has been approved under section 28.

(4) No person shall apply Category 2 or Category 3 NASM to organic soils unless the application is contemplated in a NASM plan that has been approved under section 28.

(5) No person shall apply Category 2 or Category 3 NASM to the land of an established golf course.

(6) No person shall apply NASM that is sewage biosolids or other materials containing human body waste to land at a rate that exceeds 22 tonnes of the NASM per hectare, calculated on a dry weight basis, in any five-year period.

71. (1) Section 98.4 of the Regulation is amended by adding the following paragraphs:

1.1 Materials that are listed in Schedule 2 must not contain particles of any material that will not pass through a screen whose largest opening has an area of 2.5 square centimetres.

1.2 Materials that are listed in paragraph 4 of Schedule 2,

i. must not have been removed from the facility where the wastewater is treated more than 10 days before being received at the agricultural operation, and

ii. must be transferred using a means that minimizes odour emissions, if an offensive odour would otherwise be detectable beyond the farm unit on which the materials are received.

(2) Paragraph 3 of section 98.4 of the Regulation is amended by striking out “100 m3” and substituting “200 cubic metres”.

(3) Paragraph 5 of section 98.4 of the Regulation is amended by striking out “5,000 m3” and substituting “10,000 cubic metres”.

72. Paragraph 2 of section 98.6 of the Regulation is amended by striking out “100 m3” and substituting “200 cubic metres”.

73. Paragraph 2 of subsection 98.11 (2) is revoked and the following substituted:

2. The anaerobic digestion output must not be applied to an area whose maximum sustained slope is 25 per cent or greater if it lies within the zone that is 150 metres from the top of the bank of surface water.

74. (1) Paragraph 1 of subsection 98.12 (2) of the Regulation is revoked and the following substituted:

1. The application occurs at a rate such that the total plant available phosphate in all prescribed materials that are applied to the land per hectare during any consecutive five-year period does not exceed the greater of,

i. the crop production requirements per hectare for that five-year period plus 85 kilograms of phosphate per hectare, and

ii. the phosphate removed from the land per hectare in the harvested portion of the crop during that five-year period plus 390 kilograms of phosphate per hectare.

(2) The English version of subsection 98.12 (3) of the Regulation is amended by striking out “kjeldahl nitrogen” and substituting “Kjeldahl nitrogen”.

75. The French version of paragraph 4 of subsection 98.16 (1) of the Regulation is amended by striking out “La couche supérieure identifiée de l’aquifère” and substituting “L’aquifère repéré le plus proche de la surface”.

76. Part X of the Regulation is revoked and the following substituted:

PART X
CERTIFICATES AND LicencES

Certificates

Prescribed nutrient management practices

99. (1) The following are prescribed as management practices for the purposes of this Part:

1. Preparing a nutrient management strategy or nutrient management plan for an agricultural operation.

2. Preparing a NASM plan for a NASM plan area.

3. Acting as a broker if,

i. this Regulation requires the generator of the operation from which the broker receives prescribed materials to have a nutrient management strategy to carry out the operation, or

ii. this Regulation requires the operation to which the broker transfers the materials to have a nutrient management plan. 

4. Preparing a nutrient management strategy for a non-agricultural operation.

(2) Paragraphs 1 and 2 of subsection (1) apply whether or not this Regulation requires an approval for the strategy, plan or NASM plan.

Agricultural operation strategy or plan development certificate

100. (1) No person shall prepare a nutrient management strategy or nutrient management plan for an agricultural operation of which the person is not the owner, the operator or an employee, unless the person holds an agricultural operation strategy or plan development certificate issued under this section or a predecessor of this section.

(2) Subject to section 109.1, a Director shall issue an agricultural operation strategy or plan development certificate to an applicant who,

(a) pays the fee, if any, established by the Minister; and

(b) satisfies the condition or conditions set out in,

(i) subsection (3), in the case of a first-time applicant, or

(ii) subsection (5), in the case of an applicant who holds a certificate that was issued under this section and has not been suspended or cancelled.

(3) The following conditions apply to an applicant described in subclause (2) (b) (i):

1. The applicant has attended a course, specified by the Director, that deals with preparing nutrient management strategies and plans for agricultural operations, or has alternate qualifications that the Director considers equivalent. 

2. The applicant has obtained a passing grade on at least one and not more than three assignments, specified by the Director, that deal with preparing nutrient management strategies and plans for agricultural operations.

3. No earlier than one year before making the application, the applicant has obtained a passing grade on an examination, specified by the Director for the purposes of this subsection, that deals with the preparation of nutrient management strategies and plans for agricultural operations.

4. The applicant has submitted a nutrient management strategy for an agricultural operation to the Director for approval, and the Director is satisfied that the strategy meets the requirements of section 17. 

5. The applicant has submitted a nutrient management plan for an agricultural operation to the Director for approval, and the Director is satisfied that the plan meets the requirements of section 24. 

(4) Despite subsection (1),

(a) a person may prepare a nutrient management strategy or nutrient management plan for the purpose of submitting it to the Director for approval under paragraph 4 or 5 of subsection (3); and

(b) once approved, the strategy or plan may be used in an agricultural operation.

(5) The following condition applies to an applicant described in subclause (2) (b) (ii):

1. No earlier than one year before making the application, the applicant has obtained a passing grade on an examination, specified by the Director for the purposes of this subsection, that deals with the preparation of nutrient management strategies and plans for agricultural operations.

(6) An agricultural operation strategy or plan development certificate expires on the fifth anniversary of the date on which it is issued.

Agricultural operation planning certificate

101. (1) No person who owns or operates an agricultural operation for which this Regulation requires a nutrient management strategy or nutrient management plan, and no person who is employed in such an operation, shall prepare a nutrient management strategy or nutrient management plan for the operation unless the person holds an agricultural operation planning certificate issued under this section or a predecessor of this section, or an agricultural operation strategy or plan development certificate issued under section 100 or a predecessor of that section.

(2) Subject to section 109.1, a Director shall issue an agricultural operation planning certificate to an applicant who,

(a) pays the fee, if any, established by the Minister; and

(b) has attended a course, specified by the Director, that deals with preparing nutrient management strategies and plans for agricultural operations, or has alternate qualifications that the Director considers equivalent.

(3) An agricultural operation planning certificate expires on the fifth anniversary of the date on which it is issued.

NASM plan development certificate

102. (1) On and after September 18, 2009, no person shall prepare a NASM plan unless the person holds a NASM plan development certificate issued under this section.

(2) Subject to section 109.1, a Director shall issue a NASM plan development certificate to an applicant who,

(a) pays the fee, if any, established by the Minister; and

(b) satisfies the condition or conditions set out in,

(i) subsection (3), in the case of a first-time applicant, or

(ii) subsection (4), in the case of an applicant who holds a certificate that was issued under this section and has not been suspended or cancelled.

(3) The following conditions apply to an applicant described in subclause (2) (b) (i):

1. The applicant has attended a course, specified by the Director, that deals with preparing NASM plans, or has alternate qualifications that the Director considers equivalent.

2. The applicant has obtained a passing grade on at least one and not more than three assignments, as specified by the Director, that deal with preparing NASM plans, or has alternate qualifications that the Director considers equivalent.

3. No earlier than one year before making the application, the applicant has obtained a passing grade on an examination, specified by the Director for the purposes of this subsection, that deals with the preparation of NASM plans.

(4) The following condition applies to an applicant described in subclause (2) (b) (ii):

1. No earlier than one year before making the application, the applicant has obtained a passing grade on an examination, specified by the Director for the purposes of this subsection, that deals with the preparation of NASM plans.

(5) A NASM plan development certificate expires on the fifth anniversary of the date on which it is issued.

Transition, non-agricultural operation strategy development certificate

103. A non-agricultural operation strategy development certificate that was issued under section 103 as it read immediately before September 18, 2009 and that is in force on that date remains in force until January 1, 2011.

Broker certificate

104. (1) No person shall act as a broker in a transaction described in subsection (2) unless,

(a) in the case of an individual, the person holds a broker certificate issued under this section or a predecessor of this section;

(b) in the case of a corporation, an individual,

(i) is the corporation’s authorized agent and has so advised a Director in writing, and

(ii) holds a broker certificate issued under this section or a predecessor of this section.

(2) Subsection (1) applies to a transaction if,

(a) this Regulation requires the generator of the operation from which the broker in the transaction receives agricultural source materials to have a nutrient management strategy to carry out the operation; or

(b) this Regulation requires the operation to which the broker in the transaction transfers agricultural source materials to have a nutrient management plan or a NASM plan.

(3) Subsection (1) does not apply to a transaction that involves only non-agricultural source materials.

(4) Subject to section 109.1, a Director shall issue a broker certificate to an applicant who,

(a) pays the fee, if any, established by the Minister; and

(b) satisfies the conditions set out in,

(i) subsection (5), in the case of a first-time applicant, or

(ii) subsection (6), in the case of an applicant who holds a certificate that was issued under this section or a predecessor of this section and has not been suspended or cancelled.

(5) The following conditions apply to an applicant described in subclause (4) (b) (i):

1. The applicant has attended a course, specified by the Director, that deals with broking operations, or has alternate qualifications that the Director considers equivalent.

2. No earlier than one year before making the application, the applicant has obtained a passing grade on an examination, specified by the Director for the purpose of this subsection, that deals with broking operations.

(6) The following condition applies to an applicant described in subclause (4) (b) (ii):

1. No earlier than one year before making the application, the applicant has obtained a passing grade on an examination, specified by the Director for the purpose of this subsection, that deals with broking operations.

(7) A broker certificate expires on the fifth anniversary of the date on which it is issued.

(8) An individual described in clause (1) (b) who ceases to be the corporation’s authorized agent shall, within 15 days after the change, provide written notice of the change to the Director and to the corporation.

(9) A broker certificate that was issued to a corporation under section 106 as it read immediately before September 18, 2009 and that is in force on that date remains in force until January 1, 2011, but no new broker certificate shall be issued to the corporation on or after January 1, 2011.

Licences

Prescribed materials application business licence

105. (1) No person shall engage in the business of applying prescribed materials to land described in subsection (2) unless,

(a) in the case of an individual, the person holds a prescribed materials application business licence issued under this section or a predecessor of this section;

(b) in the case of a corporation, an individual,

(i) is the corporation’s authorized agent and has so advised a Director in writing, and

(ii) holds a prescribed materials application business licence issued under this section or a predecessor of this section.

(2) Subsection (1) applies in respect of the land of a farm unit, if this Regulation requires the person who owns or controls the agricultural operation to have a nutrient management plan or a NASM plan.

(3) Subject to section 109.1, a Director shall issue a prescribed materials application business licence to an applicant who,

(a) pays the fee, if any, established by the Minister; and

(b) satisfies the conditions set out in,

(i) subsection (4), in the case of a first-time applicant, or

(ii) subsection (5), in the case of an applicant who holds a licence that was issued under this section or a predecessor of this section and has not been suspended or cancelled.

(4) The following conditions apply to an applicant described in subclause (3) (b) (i):

1. The applicant has attended a course, specified by the Director, that deals with the business of applying prescribed materials to land, or has alternate qualifications that the Director considers equivalent.

2. No earlier than one year before making the application, the applicant has obtained a passing grade on an examination, specified by the Director for the purpose of this subsection, that deals with the business of applying prescribed materials to land.

(5) The following condition applies to an applicant described in subclause (3) (b) (ii):

1. No earlier than one year before making the application, the applicant has obtained a passing grade on an examination, specified by the Director for the purpose of this subsection, that deals with the business of applying prescribed materials to land.

(6) A prescribed materials application business licence expires on the fifth anniversary of the date on which it is issued.

(7) An individual described in clause (1) (b) who ceases to be the corporation’s authorized agent shall, within 15 days after the change, provide written notice of the change to the Director and to the corporation.

(8) A prescribed materials application business licence that was issued to a corporation under section 107 as it read immediately before September 18, 2009 and that is in force on that date remains in force until January 1, 2011, but no new prescribed materials application business licence shall be issued to the corporation on or after January 1, 2011.

Nutrient application technician licence

106. (1) No person shall apply materials containing nutrients to land in the course of an agricultural operation described in subsection (2) unless he or she holds a nutrient application technician licence issued under this section or a predecessor of this section.

(2) Subsection (1) applies in respect of an agricultural operation if,

(a) this Regulation requires the person who owns or controls the operation to have a nutrient management plan or NASM plan; and

(b) the person described in subsection (1) is not an owner, operator or employee of the operation.

(3) Subject to section 109.1, a Director shall issue a nutrient application technician licence to an applicant who,

(a) pays the fee, if any, established by the Minister; and

(b) satisfies the conditions set out in,

(i) subsection (4), in the case of a first-time applicant, or

(ii) subsection (5), in the case of an applicant who holds a licence that was issued under this section or a predecessor of this section and has not been suspended or cancelled.

(4) The following conditions apply to an applicant described in subclause (3) (b) (i):

1. The applicant has attended a course, specified by the Director, that deals with the application of prescribed materials to land, or has alternate qualifications that the Director considers equivalent.

2. No earlier than one year before making the application, the applicant has obtained a passing grade on an examination, specified by the Director for the purpose of this subsection, that deals with the application of prescribed materials to land.

(5) The following condition applies to an applicant described in subclause (3) (b) (ii):

1. No earlier than one year before making the application, the applicant has obtained a passing grade on an examination, specified by the Director for the purpose of this subsection, that deals with the application of prescribed materials to land.

(6) A nutrient application technician licence expires on the fifth anniversary of the date on which it is issued.

General

Cancellation of certificates and licences

107. (1) A Director may, by written notice, suspend or cancel a certificate or licence issued under this Part or a predecessor of this Part if,

(a) the holder of the certificate or licence,

(i) contravenes the Act or regulations, or

(ii) in the Director’s opinion, has demonstrated incompetence or bad faith in carrying out the activity with respect to which the certificate or licence is issued; and

(b) in the case of cancellation, the Director has given the holder at least 15 days written notice, with reasons, of the intention to cancel the certificate or licence.

(2) A notice issued under subsection (1) that suspends or cancels a certificate or licence must provide reasons for the suspension or cancellation and set out the procedure for appeals under section 9 of the Act.

(3) Subsection (1) applies whether the certificate or licence was issued before, on or after September 18, 2009.

Conditions

108. (1) A certificate or licence issued under this Part or a predecessor of this Part is subject to the conditions that are consented to by the applicant, imposed by a Director under subsection (2) or ordered by the Tribunal.

(2) The Director may issue a certificate or licence subject to any conditions that he or she considers appropriate.

(3) Subsection (1) applies whether the certificate or licence was issued before, on or after September 18, 2009.

Amendment of certificates and licences

109. (1) A Director may, by written notice, amend a certificate or licence issued under this Part or a predecessor of this Part if he or she considers it appropriate to do so.

(2) A notice issued under subsection (1) must provide reasons for the amendment and set out the procedure for appeals under section 9 of the Act.

(3) Subsection (1) applies whether the certificate or licence was issued before, on or after September 18, 2009.

Refusal to issue certificate or licence

109.1 The Director may refuse to issue a certificate or licence under this Part if, in his or her opinion,

(a) the applicant is in contravention of the Act or this Regulation, or is in breach of a condition of another certificate or licence issued under this Part;

(b) the applicant is not competent to carry on the activity that would be authorized by the certificate or licence; or

(c) the past conduct of the applicant affords reasonable grounds for belief that the activity that would be authorized by the certificate or licence will not be carried on with honesty and integrity.

77. Subsection 99 (1) of the Regulation, as remade by section 76 of this Regulation, is revoked and the following substituted:

Prescribed nutrient management practices

(1) The following are prescribed as management practices for the purposes of this Part:

1. Preparing a nutrient management strategy or nutrient management plan for an agricultural operation.

2. Preparing a NASM plan for a NASM plan area.

3. Acting as a broker if,

i. this Regulation requires the generator of the operation from which the broker receives agricultural source materials to have a nutrient management strategy to carry out the operation, or

ii. this Regulation requires the operation to which the broker transfers the materials to have a nutrient management plan or NASM plan.

78. Section 110 of the Regulation is revoked and the following substituted:

Duty to keep records

110. (1) Every owner or operator of an agricultural operation for which this Regulation requires a nutrient management strategy, a nutrient management plan or a NASM plan shall keep the following records:

1. Copies of the strategy, plan or NASM plan.

2. The record of the annual update and summary required by section 28.1.

3. The site characterization, if any, that Part VIII requires for the farm unit on which the operation is carried out.

(2) If Category 1 NASM is applied to land in the course of an agricultural operation but this Regulation does not require the owner or operator to have a NASM plan, the owner or operator shall keep records,

(a) identifying the NASM application area;

(b) stating the type, quantities and source of NASM that was applied, and the dates on which it was applied; and

(c) stating the results of any sampling and analysis required by this Regulation.

79. Sections 113 and 114 of the Regulation are revoked and the following substituted:

Location and time for storage

113. (1) A person who is required to keep records under section 110 shall ensure that the records are stored,

(a) at the location of the operation; or

(b) at another location that is accessible to the operator of the operation at all times, if it is not practical to comply with clause (a).

(2) The person shall ensure that the records are kept in storage,

(a) in the case of records relating to a nutrient management strategy, plan or NASM plan, for at least two years after the day the strategy, plan or NASM plan ceases to be in force;

(b) in the case of records relating to a permanent nutrient storage facility that was used to store NASM, for at least five years after NASM was last stored there;

(c) in the case of records relating to a permanent nutrient storage facility that was used to store ASM, for at least two years after ASM was last stored there;

(d) in the case of records described in subsection 110 (2), for a period of at least two years after the day the record is created.

Identification numbers

114. (1) If it is necessary, for the purposes of this Regulation, to distinguish between two or more nutrient management strategies or NASM plans, a Director shall assign each of them a unique identification number and advise the person by or for whom the strategy or NASM plan was prepared of the identification number.

(2) If a nutrient management strategy or NASM plan provides for the use of another nutrient management strategy or NASM plan, or for the use of a nutrient management plan, for the use or disposal of some or all of the nutrients dealt with by the first-named strategy or NASM plan,

(a) the person by or for whom the first-named strategy or NASM plan was prepared shall,

(i) keep a record of its identification number assigned under subsection (1), and

(ii) give notice of the number to the person by or for whom the other strategy or NASM plan or the nutrient management plan was prepared; and

(b) the person who receives the notice shall keep a record of the number.

80. Subsection 120 (2) of the Regulation is amended by striking out “nutrient management strategies or nutrient management plans” and substituting “nutrient management strategies, plans or NASM plans”.

81. (1) Paragraphs 3 and 4 of Schedule 1 to the Regulation are revoked and the following substituted:

3. Organic waste matter derived from the drying or cleaning of field or nut crops.

4. Organic waste matter derived from the processing of field or nut crops.

(2) The English version of subparagraph 7 ii of Schedule 1 to the Regulation is amended by striking out “confectionary” and substituting “confectionery”.

(3) Paragraph 8 of Schedule 1 to the Regulation is revoked.

82. Schedule 2 to the Regulation is amended by adding the following paragraphs:

3. Organic waste matter from facilities where food or feed is processed, prepared or distributed.

4. Organic waste matter produced in a dissolved air flotation process used for the treatment of wastewater from facilities where food or feed is processed or prepared.

83. Paragraph 4 of Schedule 3 to the Regulation is revoked and the following substituted:

4. Airplane food waste.

84. The Regulation is amended by adding the following Schedules:

Schedule 4
Categories of Non-Agricultural Source Materials

Table 1
Category 1 nasm

 


Item


Column 1


Column 2




 


Materials


Additional parameters to be analyzed




1.


Culled fruit and vegetables, other than cole crops and onions, but only if the fruits and vegetables have been processed without any use of chemicals, other than food grade chemicals used only to clean the food, the processing equipment and the surrounding area.


No additional analysis required.




2.


Peels and pomace produced from fruits and vegetables, other than cole crops and onions, but only if the fruits and vegetables have been processed without any use of chemicals, other than food grade chemicals used only to clean the food, the processing equipment and the surrounding area.




3.


Leaf and yard waste that has not been composted.




4.


Organic waste matter derived from the drying, cleaning and processing of field and nut crops.




5.


Waste products from animal feeds listed in Classes 1, 2, 3, 4 and 5 of Part 1 of Schedule IV to the Feeds Regulations, 1983 (SOR/83-593) made under the Feeds Act (Canada), excluding any materials that contain an animal product.




6.


Aquatic plants.




7.


Organic waste matter derived from the production of ethanol (plant based mash).




8.


Any mixture of materials listed in Items 1 to 7.




9.


Anything listed in Items 1 to 8 that is mixed with agricultural source materials, commercial fertilizer, or compost that meets the Compost Guidelines




Table 2
Category 2 nasm

 


Item


Column 1


Column 2




 


Materials


Additional parameters to be analyzed




1.


Leaf and yard waste that has been composted, but does not meet the requirements for compost set out in the Compost Guidelines.


Only if required under section 98.0.16.




2.


Organic waste matter that contains no meat or fish and is derived from food processing at,
(a) a bakery,
(b) a confectionery processing facility,
(c) a cereal and grain processing facility,
(d) a snack food manufacturing facility, or
(e) a brewery or distillery.


Only if required under section 98.0.16.




3.


Washwater, including materials containing food-grade cleaners, from cleaning the processing equipment and the surrounding area of,
(a) a bakery,
(b) a confectionery processing facility,
(c) a cereal and grain processing facility,
(d) a snack food manufacturing facility, or
(e) a brewery or distillery.


Only if required under section 98.0.16.




4.


Culled cole crops and onions, and peels and pomace from cole crops and onions, but only if the cole crops and onions have been processed without any use of chemicals, other than food-grade chemicals used only to clean the food, the processing equipment and the surrounding area.


Only if required under section 98.0.16.




5.


Fruit and vegetables, and peels and pomace from fruit and vegetables, that have been processed with the use of chemicals other than as described in Item 4.


Sodium; other parameters only if required under section 98.0.16.




6.


Fruit and vegetable processing water that contains no chemicals other than food-grade chemicals.


Sodium; other parameters only if required under section 98.0.16.




7.


Any mixture of materials listed in Items 1 to 6.


As required under section 98.0.16.




8.


Anything listed in Items 1 to 7 that is mixed with agricultural source materials, Category 1 NASM, commercial fertilizer, or compost that meets the Compost Guidelines.


As required under section 98.0.16.




Table 3
Category 3 NASM

 


Item


Column 1


Column 2




 


Materials


Additional parameters to be analyzed




1.


Washwater, including materials containing food-grade cleaners, from cleaning the processing equipment and the surrounding area in a facility for processing,
(a) meat,
(b) eggs, or
(c) dairy products.


Fats, oils and grease (FOG) and sodium; other parameters only if required under section 98.0.16.




2.


Paunch manure.


Only if required under section 98.0.16.




3.


Organic waste matter derived from the production of biodiesel.
 


Only if required under section 98.0.16.




4.


Organic waste matter from grease traps and interceptors.
 


FOG and sodium; other parameters only if required under section 98.0.16.




5.


Organic waste matter produced in a dissolved air flotation process used for the treatment of wastewater from food or feed processing or preparation facilities.


FOG and sodium; other parameters only if required under section 98.0.16.




6.


Waste products from animal feeds listed in Classes 1, 2, 3, 4 and 5 of Part 1 of Schedule IV to the Feeds Regulations, 1983 (SOR/83-593) made under the Feeds Act (Canada) that may contain an animal product.
 


Only if required under section 98.0.16.




7.


Organic waste matter from the processing of fish.


FOG; other parameters only if required under section 98.0.16.




8.


Washwater, including materials containing food-grade cleaners, from cleaning the processing equipment and the surrounding area in a fish processing facility.


Only if required under section 98.0.16.




9.


Cooked pet food manufacturing waste.


FOG; other parameters only if required under section 98.0.16.




10.


Pulp and paper biosolids.


Boron; other parameters only if required under section 98.0.16.




11.


Sewage biosolids or any other material, other than untreated septage, that contains human body waste.
 


Only if required under section 98.0.16.




12.


Any NASM that is not listed in Table 1 or 2.


As required under section 98.0.16.




13.


Any mixture of materials listed in Items 1 to 12.


As required under section 98.0.16.




14.


Anything listed in Items 1 to 13 that is mixed with agricultural source materials, Category 1 or Category 2 NASM, commercial fertilizer, compost that meets the Compost Guidelines, or any other nutrient.


As required under section 98.0.16.




Schedule 5
Regulated metal content of nasm

table 1 — CM1 NASM

 


Item


Column 1


Column 2


Column 3




 


Regulated metal


Concentration in aqueous material (containing less than 1% total solids, wet weight), expressed as mg per litre


Concentration in non-aqueous material (containing 1% or more total solids, wet weight), expressed as mg per kg of total solids, dry weight




1.


Arsenic


0.13


13




2.


Cadmium


0.03


3




3.


Cobalt


0.34


34




4.


Chromium


2.1


210




5.


Copper


1.0


100




6.


Lead


1.5


150




7.


Mercury


0.008


0.8




8.


Molybdenum


0.05


5




9.


Nickel


0.62


62




10.


Selenium


0.02


2




11.


Zinc


5.0


500




table 2 — CM2 NASM

 


Item


Column 1


Column 2


Column 3




 


Regulated metal


Concentration in aqueous material (containing less than 1% total solids, wet weight), expressed as mg per litre


Concentration in non-aqueous material (containing 1% or more total solids, wet weight), expressed as mg per kg of total solids, dry weight




1.


Arsenic


1.7


170




2.


Cadmium


0.34


34




3.


Cobalt


3.4


340




4.


Chromium


28.0


2,800




5.


Copper


17.0


1,700




6.


Lead


11.0


1,100




7.


Mercury


0.11


11




8.


Molybdenum


0.94


94




9.


Nickel


4.2


420




10.


Selenium


0.34


34




11.


Zinc


42.0


4,200




Schedule 6
Pathogen content of nasm

table 1 — CP1 NASM that is not Sewage Biosolids and does not contain human body waste

 


Item


Column 1


Column 2


Column 3




 


Pathogen


Level in aqueous material (containing less than 1 % total solids, wet weight)


Level in non-aqueous material (containing 1% or more total solids, wet weight)




1.


E. coli


1,000 CFU per 100 ml
 


1,000 CFU per gram of total solids, dry weight




2.


Salmonella


3 CFU or MPN per 100 ml


3 CFU or MPN per 4 grams of total solids, dry weight




3.


Giardia


No detectable level in 100 ml


No detectable level in 4 grams of total solids, dry weight




4.


Cryptosporidium


No detectable level in 100 ml


No detectable level in 4 grams of total solids, dry weight




table 2 — CP1 NASM that is Sewage Biosolids or contains human body waste


Item


Column 1


Column 2


Column 3




 


Pathogen


Level in aqueous material (containing less than 1% total solids, wet weight)


Level in non-aqueous material (containing 1% or more total solids, wet weight)




1.


E. coli


1,000 CFU per 100 ml


1,000 CFU per gram of total solids, dry weight 




2.


Salmonella


3 CFU or MPN per 100 ml


3 CFU or MPN per 4 grams of total solids, dry weight




3.


Viable Helminth ova


No detectable level in 100 ml


No detectable level in 4 grams of total solids, dry weight




4.


Total culturable enteric virus


No detectable level in 100 ml


No detectable level in 4 grams of total solids, dry weight




table 3 — CP2 NASM

 


Item


Column 1


Column 2


Column 3




 


Pathogen


Geometric mean of samples of aqueous material (containing less than 1% total solids, wet weight) taken during the 4 months before transfer date


Geometric mean of samples of non-aqueous material (containing 1% or more total solids, wet weight) taken during the 4 months before transfer date




1.


E. coli


2 million CFU per 100 ml


2 million CFU per gram of total solids, dry weight




85. (1) Subject to subsection (2), this Regulation comes into force on the day it is filed.

(2) Subsections 1 (6), (7), (8), (10), (13), (14), (19), (20), (21), (23), (25), (29), (30) and (31), subsection 6 (2), sections 9, 10, 11 and 12, subsections 14 (2) and 16 (2), sections 17, 18 and 19, subsections 20 (1), (2), (4) and (6), subsection 21 (1), sections 26, 27, 28 and 29, subsection 30 (2), section 31, subsections 32 (2) and (4), subsection 33 (2), subsections 36 (1), (3), (4), (5) and (6), sections 37, 38 and 39, subsections 40 (1), (2), (3) and (4), sections 41, 42, 43, 45, 46, 47 and 48, subsections 49 (6) and (8), subsections 50 (4) and 52 (2), sections 53, 54, 55 and 56, subsection 57 (2), subsections 58 (1) and (3), sections 59 and 60, subsections 61 (1) and (3), subsection 62 (1), section 63, subsections 64 (4) and 66 (2), (3) and (4), section 67, subsections 68 (1), (2), (3) and (4), and sections 70, 77, 78, 79, 80 and 84 come into force on January 1, 2011.

 

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