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O. Reg. 395/07: GENERAL - WASTE MANAGEMENT


Published: 2007-07-26

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ontario regulation 395/07

made under the

Environmental Protection Act

Made: July 25, 2007
Filed: July 26, 2007
Published on e-Laws: July 27, 2007
Printed in The Ontario Gazette: August 11, 2007


Amending Reg. 347 of R.R.O. 1990

(General — Waste Management)

1. Subsection 1 (1) of Regulation 347 of the Revised Regulations of Ontario, 1990 is amended by adding the following definitions:

“anaerobic digestion” means the decomposition of organic matter in an oxygen-limiting environment;

“anaerobic digestion materials” means materials that are intended for treatment in a mixed anaerobic digestion facility, whether the materials are generated at the agricultural operation or received at the agricultural operation from an outside source;

“anaerobic digestion output” means any solid or liquid material that results from the treatment of anaerobic digestion materials in a mixed anaerobic digestion facility;

“mixed anaerobic digestion” means anaerobic digestion of both on-farm anaerobic digestion materials and off-farm anaerobic digestion materials in the same facility;

“mixed anaerobic digestion facility” means an anaerobic digestion facility that treats both on-farm anaerobic digestion materials and off-farm anaerobic digestion materials on a farm unit on which an agricultural operation is carried out;

“off-farm anaerobic digestion materials” means anaerobic digestion materials that are not generated at an agricultural operation and that are received at an agricultural operation from an outside source;

“on-farm anaerobic digestion materials” means anaerobic digestion materials that are generated at an agricultural operation; 

“regulated mixed anaerobic digestion facility” means a mixed anaerobic digestion facility that is regulated under Part IX.1 of Ontario Regulation 267/03 (General) made under the Nutrient Management Act, 2002 and is not subject to the requirements of a certificate of approval or a provisional certificate of approval of a waste management system or waste disposal site under Part V of the Environmental Protection Act;

2. (1) Subsection 3 (2) of the Regulation is amended by adding the following paragraph:

21. Waste that is anaerobic digestion output generated by a regulated mixed anaerobic digestion facility on an agricultural operation and that is intended for application on agricultural land as nutrient.

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

(3.3) Paragraph 20 of subsection (2) does not apply to organic waste from food processing and preparation operations or operations for the sale or distribution of food, if the waste is transferred by a generator and destined for a site at which the waste will be subject to anaerobic digestion, composting or any other process or operation that results in the production of material intended for land application. 

3. Subsection 5 (1) of the Regulation is amended by adding the following paragraph:

5. Regulated mixed anaerobic digestion facilities.

4. Section 8 of the Regulation is amended by adding the following subsections:

(3.1) Subject to subsection (3.2), sections 27, 40 and 41 of the Act do not apply in respect of trucks for hauling off-farm anaerobic digestion materials listed in Schedule 1 or 2 of Ontario Regulation 267/03 (General) made under the Nutrient Management Act, 2002 to a waste disposal site that, pursuant to paragraph 5 of subsection 5 (1), is exempt from Part V of the Act and this Regulation.

(3.2) Trucks for hauling off-farm anaerobic digestion materials to a waste disposal site referred to in subsection (3.1) are exempt from sections 27, 40 and 41 of the Act only if every carrier has in his or her possession while transporting the materials a document from the owner or operator of the waste disposal site that indicates that the owner or operator of the site agrees to accept the materials.

5. This Regulation comes into force on the day it is filed.