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ontario regulation 394/07
made under the
Nutrient Management Act, 2002
Made: July 25, 2007
Filed: July 26, 2007
Published on e-Laws: July 27, 2007
Printed in The Ontario Gazette: August 11, 2007
Amending O. Reg. 267/03
(General)
1. (1) The definition of “agricultural source material” in subsection 1 (1) of Ontario Regulation 267/03 is amended by adding the following paragraph:
5. Anaerobic digestion output, if,
i. the anaerobic digestion materials were treated in a mixed anaerobic digestion facility, and
ii. at least 50 per cent, by volume, of the total amount of anaerobic digestion materials were on-farm anaerobic digestion materials.
(2) Subsection 1 (1) of the Regulation is amended by adding the following definitions:
“anaerobic digestion” means the decomposition of organic matter in an oxygen-limiting environment; (“digestion anaérobie”)
“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; (“matières destinées à la digestion anaérobie”)
“anaerobic digestion output” means any solid or liquid material that results from the treatment of anaerobic digestion materials in a mixed anaerobic digestion facility; (“matières issues de la digestion anaérobie”)
“farm feed” means any materials that are listed in paragraph 3, subparagraphs 7 iv and v and paragraph 8 of Schedule 1; (“produits servant d’aliments pour animaux”)
(3) The definition of “flow path” in subsection 1 (1) of the Regulation is revoked and the following substituted:
“flow path”, in relation to a facility, site, outdoor confinement area, temporary storage area or vegetated filter strip system, means a surface channel or depression that conducts liquids away from the facility, site, area or system; (“voie d’écoulement”)
(4) The definition of “liquid nutrient transfer system” in subsection 1 (1) of the Regulation is revoked and the following substituted:
“liquid nutrient transfer system” means all pipes and surfaces that come into contact with liquid prescribed materials during the movement of those materials to a permanent nutrient storage facility but does not include the components of a permanent liquid nutrient storage facility or a vehicle that is used to transport liquid nutrients; (“système de transfert d’éléments nutritifs liquides”)
(5) Subsection 1 (1) of the Regulation is amended by adding the following definitions:
“mixed anaerobic digestion” means anaerobic digestion of both on-farm anaerobic digestion materials and off-farm anaerobic digestion materials in the same facility; (“digestion anaérobie mixte”)
“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; (“digesteur anaérobie mixte”)
(6) The definition of “non-agricultural source material” in subsection 1 (1) of the Regulation is revoked and the following substituted:
“non-agricultural source material” means any of the following materials, other than a commercial fertilizer or compost that meets 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, 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 that is capable of being applied to land as a nutrient; (“matière de source non agricole”)
(7) The definition of “Nutrient Management Protocol” in subsection 1 (1) of the Regulation is amended by striking out “August 12, 2005” and substituting “July 20, 2007”.
(8) Subsection 1 (1) of the Regulation is amended by adding the following definitions:
“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; (“matières ne provenant pas d’une exploitation agricole”)
“on-farm anaerobic digestion materials” means anaerobic digestion materials that are generated at an agricultural operation; (“matières provenant d’une exploitation agricole”)
(9) 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 (b), by adding “or” at the end of clause (c) and by adding the following clause:
(d) a permanent nutrient storage facility used solely as part of a vegetated filter strip system;
(10) Subsection 1 (1) of the Regulation is amended by adding the following definition:
“regulated mixed anaerobic digestion facility” means a mixed anaerobic digestion facility that is regulated under Part IX.1 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; (“digesteur anaérobie mixte réglementé”)
(11) The definition of “runoff” in subsection 1 (1) of the Regulation is revoked and the following substituted:
“runoff” means a liquid that,
(a) has come into contact with manure or anaerobic digestion materials or anaerobic digestion output, both in relation to a regulated mixed anaerobic digestion facility, in a permanent nutrient storage facility, temporary field nutrient storage site, outdoor confinement area, facility for the storage of off-farm anaerobic digestion materials or farm-animal yard lined with concrete or other paving material of equal or lesser permeability,
(b) may contain components of manure, anaerobic digestion materials or anaerobic digestion output in solution or suspension, and
(c) is no longer contained in the permanent nutrient storage facility, temporary field nutrient storage site, outdoor confinement area, facility for the storage of off-farm anaerobic digestion materials or farm-animal yard; (“eaux de ruissellement”)
(12) The definition of “Sampling and Analysis Protocol” in subsection 1 (1) of the Regulation is amended by striking out “August 12, 2005” and substituting “July 20, 2007”.
(13) Clause (b) in the French version of the definition of “vegetated buffer zone” in subsection 1 (1) of the Regulation is amended by striking out “dicotylédones herbacées” and substituting “plantes herbacées non graminoïdes”.
(14) Subsection 1 (1) of the Regulation is amended by adding the following definitions:
“vegetated filter strip” means a densely vegetated strip of land engineered and constructed to intercept and treat runoff by settling, filtration, dilution, adsorption of pollutants and infiltration into the soil; (“bande de végétation filtrante”)
“vegetated filter strip system” means a complete system that is engineered for treating runoff and includes all of the following:
1. A component that collects and stores the runoff and allows solids in the runoff to settle.
2. A component that screens the runoff to remove coarse material.
3. A component that transfers the runoff to the vegetated filter strip, which may include a pump if necessary.
4. A distribution pipe, or an equivalent mechanism, that distributes runoff uniformly across the vegetated filter strip.
5. A vegetated filter strip; (“système de bande de végétation filtrante”)
2. (1) Subsection 6 (1) of the Regulation is amended by striking out “except for section 45, subsection 47 (3) and section 49” and substituting “except for section 45, subsection 47 (3), sections 49, 98.11 and 98.12 and Part IX.2”.
(2) Section 6 of the Regulation is amended by adding the following subsection:
(3) Despite subsection (1), what ever the number of nutrient units that are generated by a farm unit, this Regulation applies to an agricultural operation carried out on a farm unit to which subsection 11 (4.1) applies.
3. (1) Section 11 of the Regulation is amended by adding the following subsection:
(4.1) Section 10 applies to an agricultural operation carried out on a farm unit that receives off-farm anaerobic digestion materials for treatment through mixed anaerobic digestion in a regulated mixed anaerobic digestion facility.
(2) Subsection 11 (5) of the Regulation is amended by striking out “subsections (1), (3) and (4)” and substituting “subsections (1), (3), (4) and (4.1)”.
4. Section 11.1 of the Regulation is revoked and the following substituted:
Construction of buildings or structures
11.1 (1) If this Regulation requires a person who owns or controls an agricultural operation to have a nutrient management strategy for carrying out the operation, no person shall construct a building or structure on a farm unit on which the operation is carried out, where the building or structure is used to house farm animals or store nutrients, unless,
(a) the nutrient management strategy applicable to the operation carried out on the farm unit contemplates the construction of the building or structure; and
(b) the nutrient management strategy has been approved in accordance with this Regulation.
(2) No person shall construct a regulated mixed anaerobic digestion facility on a farm unit on which an agricultural operation is carried out unless the nutrient management strategy applicable to the operation carried out on the farm unit contemplates the construction of the facility and has been approved in accordance with this Regulation.
5. Section 17 of the Regulation is amended by adding the following subsection:
(4) A nutrient management strategy for an agricultural operation that treats materials through mixed anaerobic digestion in a regulated mixed anaerobic digestion facility must describe how the requirements of this Regulation respecting mixed anaerobic digestion will be satisfied including, but not limited to,
(a) describing procedures to be used at the operation to determine whether off-farm anaerobic digestion materials meet the requirements of this Regulation for treatment in mixed anaerobic digestion;
(b) describing how any permanent nutrient storage facilities to be used for the storage of off-farm anaerobic digestion materials will satisfy the requirements of this Regulation;
(c) describing how the regulated mixed anaerobic digestion facility will satisfy the requirements of this Regulation;
(d) describing procedures to be used at the operation to manage anaerobic digestion output in accordance with the requirements of this Regulation.
6. (1) Subsection 22 (1) of the Regulation is amended by adding “(3.1)” after “(3)”.
(2) Section 22 of the Regulation is amended by adding the following subsection:
(3.1) 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 a farm unit of the operation 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.
7. Subsection 27 (1) of the Regulation is amended by adding the following clause:
(b.1) the operation is an agricultural operation and 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;
8. Subsection 30 (1) of the Regulation is amended by striking out “subsection 22 (2), (3) or (4)” and substituting “subsection 22 (2), (3), (3.1) or (4)”.
9. The English version of section 46 of the Regulation is amended by striking out “condition”.
10. Section 62 of the Regulation is amended by adding the following subsections:
(1.1) This Part applies to an operation that is required to have a nutrient management strategy because it treats materials through mixed anaerobic digestion in a regulated mixed anaerobic digestion facility if, on and after the day this subsection comes into force, the storage facility for these materials is expanded or constructed.
(1.2) If subsection (1.1) applies, 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 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.
11. (1) Clause 71 (1) (a) of the Regulation is revoked and the following substituted:
(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 and to inspect the construction or expansion upon completion;
(2) Section 71 of the Regulation is amended by adding the following subsection:
(3) No person shall construct or expand a regulated mixed anaerobic digestion facility on a farm unit in the course of an agricultural operation unless a professional engineer,
(a) designs the construction or expansion of the facility having regard to the requirements of this Regulation;
(b) designs the facility to provide for the transfer of materials into the storage facility and from the storage facility to the mixed anaerobic digestion facility so that odour emissions are minimized, if materials listed in Schedule 2 will be treated at the facility;
(c) ensures that the facility is designed to manage non-combusted biogas; and
(d) 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 and to inspect the construction or expansion on completion.
12. Paragraph 2 of subsection 81 (4) of the Regulation is revoked and the following substituted:
2. Vegetated filter strip systems which meet the requirements set out in Part IX.2 or which are exempt from that Part by section 98.15.
13. (1) Subsection 90 (2) of the Regulation is revoked and the following substituted:
(2) For the purposes of making a calculation under this Part or Part IX.1 in relation to a sample, a person shall use the actual analytical results obtained by the person who does an analysis of the sample under this Part or Part IX.1.
(2) Subsection 90 (3) of the Regulation is amended by striking out “If this Part” at the beginning and substituting “If this Part or Part IX.1”.
14. The heading immediately before section 91 of the Regulation is revoked and the following substituted:
Manure and Anaerobic Digestion Output
15. (1) Subsection 91 (1) of the Regulation is amended by striking out “manure is applied to land” in the portion before clause (a) and substituting “manure or anaerobic digestion output that falls within the definition of agricultural source material is applied to land”.
(2) Subsection 91 (2) of the Regulation is amended by striking out “manure is applied to land” and substituting “manure or anaerobic digestion output that falls within the definition of agricultural source material is applied to land”.
(3) Subsection 91 (3) of the Regulation is amended by striking out “manure is applied to land” in the portion before clause (a) and substituting “manure or anaerobic digestion output that falls within the definition of agricultural source material is applied to land”.
(4) Clause 91 (3) (a) is amended by striking out “one sample of the manure or each type of the manure” and substituting “one sample of each type of the manure or anaerobic digestion output”.
(5) Subsection 91 (4) of the Regulation is revoked and the following substituted:
(4) The analysis mentioned in subsection (1) or (2) shall be performed by a laboratory that is accredited by the Ministry of Agriculture, Food and Rural Affairs for that purpose.
(5) The analysis mentioned in subsection (3) shall be performed by,
(a) a laboratory that is accredited by the Ministry of Agriculture, Food and Rural Affairs for that purpose; or
(b) a laboratory that is accredited in accordance with the International Standard ISO/IEC 17025 — General Requirement for the Competence of Testing and Calibration Laboratories, dated December 15, 1999, as amended from time to time.
16. (1) Subsection 92 (1) of the Regulation is revoked and the following substituted:
Maximum application rate
(1) Each person who is required to collect samples and have them analyzed under section 91 shall calculate the maximum application rate to land for the manure or the anaerobic digestion output in the sample, using the most recently determined concentration under the applicable subsection or the concentrations set out in clause 91 (1) (b), if applicable.
(2) 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 available phosphorus 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 phosphorus 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.
(3) Subsection 92 (5) of the Regulation is revoked and the following substituted:
(5) No person shall apply manure or anaerobic digestion output to land at a rate that exceeds the maximum application rate to land for the manure or anaerobic digestion output.
17. The Regulation is amended by adding the following Parts:
Part IX.1
Anaerobic digestion
General
Application to mixed materials
98.1 For the purposes of this Part,
(a) if a material would fall under both Schedule 1 and Schedule 2, it shall be treated for all purposes as a Schedule 2 material; and
(b) if a material would fall under Schedule 3 and Schedule 1 or Schedule 2, it shall be treated for all purposes as a Schedule 3 material.
Compliance
98.2 A person who owns or controls an agricultural operation that treats off-farm anaerobic digestion materials through mixed anaerobic digestion on a farm unit on which the agricultural operation is carried out shall ensure,
(a) that the requirements of this Part are met in relation to the operation; or
(b) that, in relation to the operation,
(i) the requirements in respect 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 are met, and
(ii) the requirements of sections 98.11 and 98.12 are met.
Receipt of Off-Farm Anaerobic Digestion Materials
Strategy, facilities required
98.3 (1) No person shall receive off-farm anaerobic digestion materials on a farm unit on which an agricultural operation is carried out for treatment in a regulated mixed anaerobic digestion facility unless the nutrient management strategy for the farm unit on which the agricultural operation is carried out,
(a) contemplates the receipt of the materials for treatment in a regulated mixed anaerobic digestion facility; and
(b) has been approved and is in force.
(2) No person shall receive off-farm anaerobic digestion materials on a farm unit on which an agricultural operation is carried out for treatment in a regulated mixed anaerobic digestion facility unless there is an operational regulated mixed anaerobic digestion facility on the farm unit on which the operation is carried out.
(3) No person shall receive off-farm anaerobic digestion materials that are listed in Schedule 2 on a farm unit on which an agricultural operation is carried out for treatment in a regulated mixed anaerobic digestion facility unless there is an operational regulated mixed anaerobic digestion facility that was designed by a professional engineer to minimize odour emissions and was built to those design specifications.
General requirements for receipt
98.4 No person shall receive off-farm anaerobic digestion materials on a farm unit on which an agricultural operation is carried out for treatment in a regulated mixed anaerobic digestion facility except in accordance with the following rules:
1. The materials must be listed in Schedule 1 or Schedule 2.
2. The materials must not be listed in Schedule 3.
3. No more than 100 m3 of materials, other than farm feed, shall be received at the operation on any day.
4. Subject to the individual capacity of the operation, there is no limit to the amount of farm feed that may be received at the operation on any day.
5. No more than 5,000 m3 of materials, including farm feed that is intended for treatment in the mixed anaerobic digestion facility, shall be received at the operation in any year.
6. The materials must be received in bulk or, if they are transported in packaging or storage containers of some sort, the extra packaging or containers must not remain at the operation following the receipt of the materials.
Metal analysis
98.5 (1) No person shall receive off-farm anaerobic digestion materials on a farm unit on which an agricultural operation is carried out for treatment in a regulated mixed anaerobic digestion facility unless the person obtains the results of an analysis of the materials in accordance with this section.
(2) A person who receives off-farm anaerobic digestion materials shall obtain results of an analysis of the materials in the following circumstances:
1. It is the first time since this section came into force that the person receives materials generated by that particular generator.
2. The person has previously obtained results with respect to materials from a generator and the person has received 1,000 m3 of materials, inclusive of materials that are about to be received, generated by that generator since the last time the person obtained results from that generator.
3. More than 12 months have passed since the last time the person obtained results from that generator.
(3) The results of an analysis of the materials must be from a sample that has been collected within 14 days before the materials are to be received and each sample of materials must be analysed for metal in accordance with the methods specified in the Sampling and Analysis Protocol.
(4) If an analysis determines that the concentration of metal in off-farm anaerobic digestion materials exceeds the maximum metal concentration set out in the following Table, no person shall receive the materials on the farm unit on which the agricultural operation is carried out.
TABLE
Column 1
Column 2
Regulated Metal
Maximum metal concentration in materials
(mg/kg of total solids dry weight)
Arsenic
13
Cadmium
3
Chromium
210
Cobalt
34
Copper
100
Lead
150
Mercury
0.8
Molybdenum
5
Nickel
62
Selenium
2
Zinc
500
Storage of Off-Farm Anaerobic Digestion Materials
General requirements for storage
98.6 No person shall store off-farm anaerobic digestion materials on a farm unit on which an agricultural operation is carried out for treatment in a regulated mixed anaerobic digestion facility except in accordance with the following rules:
1. The materials must only be stored on the property where the facility is located.
2. No more than 100 m3 of materials, other than farm feed, may be stored at any one time.
3. Subject to the individual capacity of the operation, there is no limit to the amount of farm feed that may be stored.
4. Materials that have a dry matter content of less than 18 per cent must be stored in a sealed tank.
5. Subject to paragraph 6, materials that have a dry matter content of at least 18 per cent and no more than 50 per cent that are stored for more than 48 hours must be stored in an enclosed storage facility.
6. Farm feed that has the dry matter content described in paragraph 5 need not be stored in accordance with paragraph 5, but it must be stored with a cover that prevents precipitation from coming into contact with the farm feed.
7. Subject to paragraph 8, materials that have a dry matter content of more than 50 per cent that are stored for more than 30 days must be stored in a facility that has,
i. walls that enclose at least 75 per cent of the area of the facility, and
ii. a roof that covers the entire facility and is attached to the walls.
8. Farm feed that has the dry matter content described in paragraph 7 need not be stored in accordance with paragraph 7, but it must be stored with a cover that prevents precipitation from coming into contact with the farm feed.
9. Materials listed in Schedule 2 must be stored in a facility that was designed by a professional engineer to minimize odour emissions and was built to those design specifications.
Treatment of Anaerobic Digestion Materials
Requirement re biogas
98.7 No person shall treat anaerobic digestion materials on a farm unit on which an agricultural operation is carried out in a regulated mixed anaerobic digestion facility unless,
(a) the facility is equipped with a gas combustion system that is capable of consuming the equivalent of 110 per cent of the biogas that the facility can generate; and
(b) a secondary gas burning facility is available in the case of failure of the gas combustion system and is utilized within 48 hours if the rate of release of non-combusted biogas exceeds 20 m3/hour.
Generated materials
98.8 No person shall treat on-farm anaerobic digestion materials on a farm unit on which an agricultural operation is carried out in a regulated mixed anaerobic digestion facility unless the materials meet the following criteria:
1. The materials were generated on the farm unit on which the anaerobic digestion facility is located.
2. Despite paragraph 1, materials may be received from one or more agricultural operations carried out on several farm units, if the total number of farm animals on all the farm units generate less than 1,000 nutrient units annually.
3. The materials are organic materials that were generated through,
i. the growing, producing or raising of farm animals,
ii. the production of agricultural crops, including greenhouse crops, maple syrup, mushrooms, nursery stock, tobacco, trees and turf grass,
iii. the production of eggs, cream or milk, or
iv. the processing by a farmer of products produced primarily from the farmer’s agricultural operation.
General requirements for treatment
98.9 (1) No person shall treat anaerobic digestion materials on a farm unit on which an agricultural operation is carried out in a regulated mixed anaerobic digestion facility except in accordance with the following rules:
1. No anaerobic digestion materials may be treated in the facility unless they are,
i. on-farm anaerobic digestion materials that meet the criteria set out in section 98.8, or
ii. off-farm anaerobic digestion materials that are received in accordance with sections 98.4 and 98.5.
2. Except in respect of treatment described in paragraph 6, at all times, at least 75 per cent, by volume, of the total amount of anaerobic digestion materials that are being treated in the facility must be on-farm anaerobic digestion materials.
3. Except in respect of treatment described in paragraph 6, at all times, at least 50 per cent, by volume, of the total amount of on-farm anaerobic digestion materials that are being treated in the facility must be comprised of manure.
4. Subject to subsection (2), the average time anaerobic digestion materials are treated in the facility must be at least 20 days.
5. Subject to subsection (3), anaerobic digestion materials must be treated at no less than 35 degrees Celsius at all times.
6. In addition to the requirements of paragraphs 4 and 5, materials listed in Schedule 2 must be further treated for,
i. no less than one hour at no less than 70 degrees Celsius, or
ii. no less than 20 hours at no less than 50 degrees Celsius.
7. All the biogas generated by the facility must be collected and treated in accordance with section 98.7.
8. The facility must have a device for monitoring the actual temperature at which the material is being treated or further treated.
9. The facility must be operated in accordance with the professional engineer’s design specifications.
(2) Despite paragraph 4 of subsection (1), anaerobic digestion materials may be treated in the facility for an average time of fewer than 20 days if,
(a) a professional engineer designs the facility such that it is capable of reducing the content of total volatile solids of the materials in the facility by at least 50 per cent in fewer than 20 days;
(b) the facility is built to the engineer’s design specifications; and
(c) the average time is equal to or greater than the shorter period of time specified by the professional engineer.
(3) Despite paragraph 5 of subsection (1), anaerobic digestion materials may be treated at less than 35 degrees Celsius if,
(a) a professional engineer designs the facility such that it is capable of reducing the content of total volatile solids of the materials in the facility by at least 50 per cent at a temperature that is less than 35 degrees Celsius;
(b) the facility is built to the professional engineer’s design specifications; and
(c) the anaerobic digestion materials are treated at a temperature that is no less than the temperature as specified by the professional engineer.
Storage of Anaerobic Digestion Output
Storage capacity
98.10 (1) No person shall treat anaerobic digestion materials on a farm unit on which an agricultural operation is carried out through mixed anaerobic digestion in a regulated mixed anaerobic digestion facility unless the farm unit is capable of storing all of the anaerobic digestion output generated in the course of the operation during a period of 240 days.
(2) The 240 day storage capacity referred to in subsection (1) is in addition to the requirements for storage capacity set out in section 69 and may be achieved through the storage capacity of a combination of facilities described in Part VIII.
(3) Despite subsection (1), a farm unit on which an agricultural operation is carried out may have a total storage capacity of less than 240 days for anaerobic digestion output if the person who owns or controls the operation has agreements to transfer some of the output off the farm unit.
(4) If a farm unit on which an agricultural operation is carried out has a total storage capacity for anaerobic digestion output of less than 240 days in accordance with subsection (3), the person who owns or controls the operation shall ensure that the storage capacity of the farm unit is at least equal to the capacity required to store the output that is not transferred off the farm unit.
(5) Despite subsection (1), if a person who owns or controls the operation has a nutrient management strategy for the farm unit on which the agricultural operation is carried out that provides for the use of some or all of the solid anaerobic digestion output generated in the course of the operation by a means that eliminates the need for storing the output on the farm unit for 240 days, the storage capacity of the farm unit must be at least equal to the storage capacity that the strategy requires.
(6) Despite subsection (1), a person may treat anaerobic digestion materials on a farm unit on which the agricultural operation is carried out through mixed anaerobic digestion in a regulated mixed anaerobic digestion facility where the farm unit has a total storage capacity of less than 240 days for anaerobic digestion output if,
(a) the anaerobic digestion output is solid;
(b) the person who owns or controls the agricultural operation has an application schedule that complies with section 98.11 and that provides for the application of the anaerobic digestion output to land, on a schedule of times that eliminates the need for storing the materials on the farm unit for 240 days;
(c) the person who owns or controls the agricultural operation applies the anaerobic digestion output to land in accordance with the application schedule; and
(d) the storage capacity is equal to the storage capacity that the application schedule requires.
Land Application of Anaerobic Digestion Output
General requirements for land application
Application
98.11 (1) This section applies,
(a) in respect of the application of any anaerobic digestion output that falls within the definition of agricultural source material to land on a farm unit on which an agricultural operation is carried out; and
(b) to all agricultural operations, whether this Regulation requires the farm unit on which the agricultural operation is carried out to have a nutrient management plan or not.
(2) No person shall apply anaerobic digestion output that falls within the definition of agricultural source material to land on a farm unit on which an agricultural operation is carried out except in accordance with the following rules:
1. The application must comply with every requirement in Part VI that governs the land application of agricultural source materials, prescribed materials or nutrients, except section 40.
2. The anaerobic digestion output must not be applied to land within 150 metres from the top of the bank of surface water if the maximum sustained slope of the land is 25 per cent or greater as determined in accordance with the Nutrient Management Protocol.
3. The anaerobic digestion output must not be applied using a high trajectory irrigation gun capable of spraying liquid more than 10 metres unless the materials being applied are an aqueous solution or suspension containing more than 99 per cent water by weight.
4. The application must comply with section 50 and, for that purpose, every reference to “non-agricultural source materials” in that section shall be read as including a reference to “anaerobic digestion output”.
Application of output not from regulated mixed anaerobic digestion facility
98.12 (1) No person shall apply anaerobic digestion output that is from a mixed anaerobic digestion facility that is not a regulated mixed anaerobic digestion facility to land on a farm unit on which an agricultural operation is carried out except in accordance with the nutrient management plan, if a nutrient management plan is required for the farm unit on which the agricultural operation is carried out.
(2) No person shall apply anaerobic digestion output that is from a mixed anaerobic digestion facility that is not a regulated mixed anaerobic digestion facility to land on a farm unit on which an agricultural operation is carried out except in accordance with the following rules, if a nutrient management plan is not required for the farm unit on which the agricultural operation is carried out:
1. The application occurs at a rate such that the total available phosphorus 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 phosphorus 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 application occurs at a rate such that the total plant available nitrogen in all prescribed materials that are applied to the land per hectare does not exceed 200 kilograms of plant available nitrogen per hectare in any one 12-month period.
(3) For the purposes of paragraph 2 of subsection (2), the total plant available nitrogen is the sum resulting from the following calculation:
(ammonia and ammonium nitrogen) + (nitrite and nitrate nitrogen) + (0.3) (organic nitrogen)
where,
organic nitrogen = total kjeldahl nitrogen – (ammonia and ammonium nitrogen).
Records re Anaerobic Digestion
98.13 (1) Every person who owns or controls an agricultural operation that treats anaerobic digestion materials through the use of a regulated mixed anaerobic digestion facility shall keep the following records:
1. Records of the professional engineer’s design specifications.
2. With respect to every delivery of off-farm anaerobic digestion materials,
i. the name and address of the generator,
ii. the name and address of the person making the delivery, and
iii. the types of material received and the volume of materials received.
3. The results of the analyses determining the concentrations of metals as required under section 98.5.
4. The results of all analyses performed on anaerobic digestion output, as required.
5. The destination of the anaerobic digestion output.
6. A record of the date of use, if ever, of a secondary gas burning facility described in clause 98.7 (b) and duration of its use.
(2) The person who owns or controls the agricultural operation shall maintain the records required under subsection (1) in accordance with sections 112 and 113, with necessary modifications.
PART IX.2
Vegetated Filter Strip Systems
Application and Exception
Application
98.14 Subject to section 98.15, a person who owns or controls an agricultural operation where a vegetated filter strip system is established, constructed, altered, expanded or operated shall ensure that the requirements of this Part are met in relation to the system.
Exception
98.15 This Part does not apply to the establishment, construction, alteration, expansion or operation of a vegetated filter strip system that manages runoff as part of an agricultural operation if,
(a) the vegetated filter strip system is or forms part of a sewage works approved under section 53 of the Ontario Water Resources Act;
(b) the person who owns or controls the agricultural operation has an approval under section 53 of the Ontario Water Resources Act for the establishment, alteration, extension or replacement of the sewage works; and
(c) the vegetated filter strip system is used or operated in compliance with the approval granted under section 53 of the Ontario Water Resources Act.
Criteria for Vegetated Filter Strip System
Criteria
98.16 (1) A person who establishes, constructs, alters, expands or operates a vegetated filter strip system shall ensure that the following criteria are met:
1. The vegetated filter strip must slope downward from the location of the distribution pipe, with no abrupt changes in the slope and with the slope on any portion of the vegetated filter strip being no less than 2 per cent and no greater than 12 per cent.
2. The profile of the vegetated filter strip across its width must be flat.
3. The minimum depth of soil to bedrock under the extended vegetated filter strip area must be 0.5 metres.
4. The minimum depth of soil to the uppermost identified aquifer under the extended vegetated filter strip area must be 0.9 metres.
5. The vegetated filter strip must not be located within three metres of a field tile drain.
6. The vegetated filter strip must not be located within,
i. 100 metres of a municipal well,
ii. 15 meters of a drilled well that has a depth of at least 15 metres and a water tight casing to a depth of at least six metres below ground level, or
iii. 30 metres of any other well.
7. The vegetated filter strip must not be located in an area that is subject to flooding once or more every 100 years, according to flood plain mapping provided by the municipality or conservation authority having jurisdiction over the area.
(2) In this section,
“extended vegetated filter strip area” means the area on the surface of the ground that comprises the area of the vegetated filter strip plus the area that extends outwards a distance of 10 metres from every point on the perimeter of the vegetated filter strip.
Additional requirements
98.17 In addition to complying with the criteria set out in subsection 98.16 (1), a person who establishes, constructs, alters, expands or operates a vegetated filter strip system shall ensure that one of the following requirements is met:
1. There is a flow path,
i. that is at least 50 meters long extending from the lower edge of the vegetated filter strip to the top of the bank of the nearest surface water or tile inlet, and
ii. that is maintained under continuous vegetated cover, including perennial grasses, forbs or trees and perennial forage crops that can be harvested as hay or silage.
2. There is a permanently vegetated area that is adjacent to the lower edge of the vegetated filter strip and is located between the vegetated filter strip and the top of the bank of the nearest surface water or tile inlet. There is at least the minimum appropriate length between the lower edge of the vegetated filter strip and the top of the bank of the nearest surface water or tile inlet, as determined by referring to the average slope of the strip set out in Column 1 of the Table and referring to the minimum appropriate length set out opposite the slope in Column 2 of the Table.
TABLE
Column 1
Column 2
Average Slope of Vegetated Filter Strip (in per cent)
Minimum Length between Lower Edge of Vegetated Filter Strip and Top of Bank of Nearest Surface Water or Tile Inlet (in metres)
2 to
10
4 to
20
6 to
30
8 to
40
10 to ≤ 12
50
Design and Establishment of Vegetated Filter Strip System
Design and establishment
98.18 No person shall establish, construct, alter or expand a vegetated filter strip system unless,
(a) a professional engineer designs the establishment, construction, alteration or expansion of the vegetated filter strip system having regard to the requirements of this Regulation;
(b) the vegetated filter strip is designed to accommodate infiltration of 100 per cent of the runoff treated by the vegetated filter strip system;
(c) the professional engineer provides the person who owns or controls the agricultural operation with a written notice that sets out the design specifications and the amount of runoff that the vegetated filter strip system is designed to treat;
(d) the vegetated filter strip system is built to the professional engineer’s design specifications; and
(e) the professional engineer provides the person who owns or controls the agricultural operation with a written notice that indicates the vegetated filter strip system meets the design specifications.
Runoff
Pre-treatment of runoff
98.19 No person shall establish, construct, alter, expand or operate a vegetated filter strip system unless it is designed to pre-treat runoff through the use of a component that is designed and operated to store and settle the solids before the runoff is transferred to the vegetated filter strip.
Discharge of runoff
98.20 No person shall permit the discharge of runoff through a vegetated filter strip system to a vegetated filter strip unless,
(a) the runoff being discharged is distributed in a uniform manner across the full width of the strip;
(b) the runoff proceeds down the strip in a sheet flow;
(c) the strip is free from rills and channels, which may affect the distribution of the runoff on the strip; and
(d) the strip is free of accumulated sediments and solids.
Operation and Maintenance of Vegetated Filter Strip System
Operational requirements
98.21 No person shall permit the discharge of runoff through a vegetated filter strip system to a vegetated filter strip unless,
(a) the vegetated filter strip has a minimum width of at least six metres;
(b) the amount of runoff discharged through the vegetated filter strip system is no more than the amount the system was designed to handle; and
(c) up-slope water has been diverted away from the strip so that it does not enter the strip.
Limiting access to vegetated filter strip
98.22 (1) No person shall allow livestock, vehicles, motorized snow vehicles or farm equipment to have access to a vegetated filter strip unless,
(a) there is at least 30 centimetres of unsaturated soil at the surface of the strip at the time of access; and
(b) the presence of the livestock, vehicle, motorized snow vehicle or farm equipment does not damage the strip.
(2) In this section,
“motorized snow vehicle” has the same meaning as in the Motorized Snow Vehicle Act; (“motoneige”)
“vehicle” has the same meaning as in the
Highway Traffic Act. (“véhicule”)
Vegetative cover on vegetated filter strip
98.23 No person shall permit the discharge of runoff through a vegetated filter strip system to a vegetated filter strip unless the strip is covered with a continuous, well-established vegetated cover consisting primarily of perennial grasses, but not including trees.
Harvesting or mowing vegetated filter strip
98.24 Subject to section 98.25, the person who owns or controls an agricultural operation where a vegetated filter strip system has been established and is being operated as part of the agricultural operation shall harvest or mow the vegetated filter strip at regular intervals such that the strip continues to effectively intercept and treat the runoff.
Height of vegetation
98.25 The person who owns or controls an agricultural operation where a vegetated filter strip system has been established and is being operated as part of the agricultural operation shall ensure that the vegetated filter strip is maintained with vegetation with a height of no less than 75 millimetres.
Inspections
98.26 The person who owns or controls an agricultural operation where a vegetated filter strip system has been established and is being operated as part of the agricultural operation shall inspect the vegetated filter strip system every six months to ensure that all components are functioning effectively and that the design specifications are being maintained.
Use ceases if not functioning effectively or within specifications
98.27 If a component of a vegetated filter strip system is not functioning effectively or the system’s design specifications are not maintained, the person who owns or controls the agricultural operation where the vegetated filter strip system has been established shall discontinue the operation of the system until such time as it is functioning effectively and the design specifications are maintained.
Record Keeping
Record keeping
98.28 (1) The person who owns or controls the agricultural operation where a vegetated filter strip system has been established and is being operated as part of the agricultural operation shall keep the following records in relation to the establishment and operation of the vegetated filter strip system:
1. The engineering design specifications and the written records referred to in section 98.18.
2. The date, time and description of inspections under section 98.26 and maintenance activity conducted on the system and the name of the person conducting the inspection or undertaking the maintenance activity.
3. A record of any actions taken to ensure that all components of the system are functioning effectively and that the design specifications of the system are being maintained.
(2) The person who owns or controls the agricultural operation shall maintain the records required under subsection (1) in accordance with section 112 and subsection 113 (1), with necessary modifications.
(3) The person who owns or controls the agricultural operation shall ensure that the records required under subsection (1) are kept in storage for a period of at least two years,
(a) from the date of the last use of the vegetated filter strip system, for records of the engineering design specifications and the written records referred to in section 98.18; and
(b) from the date they were created for all other records referred to in subsection (1).
18. The Regulation is amended by adding the following Schedules:
Schedule 1
Off-Farm anaerobic digestion materials
The following materials may be received at an agricultural operation for treatment in a regulated mixed anaerobic digestion facility:
1. Waste products from animal feeds listed in Classes 1, 2, 3, 4 and 5 of Part 1 of Schedule IV to the Feeds Regulation, 1983 (SOR/83-593) made under the Feeds Act
(Canada), excluding any materials that contain an animal product that has not been denatured.
2. Materials that previously would have been a product described in paragraph 1 but are no longer suitable for use in feeding farm animals for reasons that do not include contamination by another material.
3. Organic waste matter derived from the drying or cleaning of field crops.
4. Organic waste derived from the processing of field crops.
5. Organic waste matter derived from the production of ethanol or biodiesel.
6. Aquatic plants.
7. Organic waste matter derived from food processing at,
i. bakeries,
ii. confectionary processing facilities,
iii. dairies and facilities that process dairy products,
iv. fruit and vegetable processing facilities,
v. cereal and grain processing facilities,
vi. oil seed processing facilities,
vii. snack food manufacturing facilities,
viii. breweries and distilleries,
ix. wineries, and
x. beverage manufacturing facilities.
8. Waste brewers’ and distillers’ grain derived from food processing at breweries and distilleries.
9. Fruit and vegetable waste.
10. Organic waste materials from a greenhouse, nursery, garden centre or flower shop that is not part of an agricultural operation.
Schedule 2
Off-Farm anaerobic digestion materials, lIMITED
The following materials may be received at an agricultural operation for treatment in a regulated mixed anaerobic digestion facility subject to the restrictions in this Regulation with respect to Schedule 2 materials:
1. Waste products from animal feeds listed in Classes 1, 2, 3, 4 and 5 of Part 1 of Schedule IV to the Feeds Regulation (SOR/83-593) made under the Feeds Act
(Canada), including any materials that contain an animal product that has not been denatured.
2. Paunch manure.
Schedule 3
Materials not acceptable for use in A Regulated Mixed anaerobic digestion Facility
The following materials shall not be received at an agricultural operation for treatment in a regulated mixed anaerobic digestion facility:
1. Solvents, where the solvent is a volatile organic compound that is used as a cleaning agent, diluent, dissolver, thinner, or viscosity reducer or for a similar purpose.
2. Petroleum products and hydrocarbon fuels.
3. Resins and plastics.
4. Waste from food that was presented to a person for consumption but was not consumed, including but not limited to, restaurant waste and airplane food waste.
5. Hazardous waste within the meaning of Regulation 347 (General – Waste Management) made under the Environmental Protection Act.
6. Any material that has a dry matter content of less than 1 per cent.
19. This Regulation comes into force on the day it is filed.
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