O. Reg. 284/12: GENERAL

Link to law: http://www.ontario.ca/laws/regulation/r12284
Published: 2012-09-24

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ontario regulation 284/12

made under the

nutrient management act, 2002

Made: September 12, 2012
Filed: September 24, 2012
Published on e-Laws: September 24, 2012
Printed in The Ontario Gazette: October 13, 2012


Amending O. Reg. 267/03

(General)

1. (1) The definition of “agricultural source materials” or “ASM” in subsection 1 (1) of Ontario Regulation 267/03 is amended by striking out “the Compost Guidelines, or” in the portion before paragraph 1 and substituting “the requirements for Category AA, A or B compost in Part II of the Compost Standards, compost that meets the criteria in subsection (1.1) or”.

(2) The definition of “agricultural source materials” or “ASM” in subsection 1 (1) of the Regulation, as amended by subsection (1), is amended by striking out “the Compost Standards, compost that meets the criteria in subsection (1.1) or” in the portion before paragraph 1 and substituting “the Compost Standards or”.

(3) The French version of the definition of “Agronomy Guide for Field Crops” in subsection 1 (1) of the Regulation is revoked and the following substituted:

«Guide agronomique des grandes cultures» Le Guide agronomique des grandes cultures, publication 811F, publié par le ministère de l’Agriculture, de l’Alimentation et des Affaires rurales en 2009. («Agronomy Guide for Field Crops»)

(4) The definition of “Compost Guidelines” in subsection 1 (1) of the Regulation is revoked.

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

“composting facility” means a facility,

(a) where waste is treated by aerobic decomposition of organic matter by bacterial action for the production of stabilized humus, and

(b) that is subject to an environmental compliance approval issued under Part II.1 of the Environmental Protection Act;  (“installation de compostage”)

(6) The definition of “composting facility” in subsection 1 (1) of the Regulation, as made by subsection (5), is revoked.

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

“Compost Standards” means the document published by the Ministry of the Environment entitled “Ontario Compost Quality Standards”, as amended from time to time, originally dated July 25, 2012 and available through the Ministry’s website on the Internet and through the Ministry’s Public Information Centre; (“Normes de qualité du compost”)

(8) The French version of the definition of “Drainage Guide” in subsection 1 (1) of the Regulation is revoked and the following substituted:

«Guide de drainage» Le Guide de drainage de l’Ontario, publication 29F, publié par le ministère de l’Agriculture, de l’Alimentation et des Affaires rurales en 2007. («Drainage Guide»)

(9) The definition of “NASM Odour Guide” in subsection 1 (1) of the Regulation is revoked and the following substituted:

“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 July 25, 2012, and

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

(10) The definition of “non-agricultural source materials” or “NASM” in subsection 1 (1) of the Regulation is amended by striking out “the Compost Guidelines, or” in the portion before paragraph 1 and substituting “the requirements for Category AA or A compost in Part II of the Compost Standards, compost that meets the criteria in subsection (1.1) or”.

(11) The definition of “non-agricultural source materials” or “NASM” in subsection 1 (1) of the Regulation, as amended by subsection (10), is amended by striking out “the Compost Standards, compost that meets the criteria in subsection (1.1) or” in the portion before paragraph 1 and substituting “the Compost Standards or”.

(12) 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 July 25, 2012, 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”)

(13) The French version of the definition of “Nutrient Management Tables” in subsection 1 (1) of the Regulation is revoked and the following substituted:

«Tableaux de gestion des éléments nutritifs» Les Tableaux de gestion des éléments nutritifs, dans leurs versions successives, préparés par le ministère de l’Agriculture, de l’Alimentation et des Affaires rurales et le ministère de l’Environnement aux fins du Guide des odeurs MSNA et du Protocole de gestion des éléments nutritifs. («Nutrient Management Tables»)

(14) The definition of “Sampling and Analysis Protocol” in subsection 1 (1) of the Regulation is revoked and the following substituted:

“Sampling and Analysis Protocol” means 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 July 25, 2012; (“Protocole d’échantillonnage et d’analyse”)

(15) Section 1 of the Regulation is amended by adding the following subsection:

(1.1) For the purposes of the definitions of “agricultural source materials” and “non-agricultural source materials” in subsection (1) and for the purposes of Tables 1 to 3 of Schedule 4, compost meets the criteria referred to in this subsection if,

(a) the compost is from a composting facility;

(b) the compost meets the requirements for Category AA compost relating to standards for metals in compost, quality of feedstock and pathogens in Part II of the Compost Standards;

(c) the environmental compliance approval issued in respect of the composting facility under Part II.1 of the Environmental Protection Act,

(i) was issued before January 1, 2013, and

(ii) contains terms or conditions that address matters relating to the quality of the compost, other than matters relating to standards for metals in compost, quality of feedstock and pathogens; and

(d) the holder of the environmental compliance approval has complied with the terms and conditions mentioned in subclause (c) (ii).

(16) Subsection 1 (1.1) of the Regulation, as made by subsection (15), is revoked.

2. (1) Subsection 46 (5) of the Regulation is revoked and the following substituted:

(5) No person shall apply commercial fertilizer or compost that meets the requirements for Category AA or A compost in Part II of the Compost Standards, or compost that meets the criteria in subsection 1 (1.1), to land closer than three metres to a water well that is not a municipal well.

(2) Subsection 46 (5) of the Regulation, as remade by subsection (1), is revoked and the following substituted:

(5) No person shall apply commercial fertilizer or compost that meets the requirements for Category AA or A compost in Part II of the Compost Standards to land closer than three metres to a water well that is not a municipal well.

3. (1) Section 52.3 of the Regulation is revoked and the following substituted:

Prohibition, sewage biosolids, etc.

52.3 (1) No person shall apply nutrients described in subsection (2) to land,

(a) during the restricted period; or

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

(2) Subject to subsections (3) and (4), subsection (1) applies to,

(a) sewage biosolids;

(b) other materials containing human body waste; and

(c) materials that result from the processing of materials that include sewage biosolids or human body waste.

(3) Subsection (1) does not apply to compost that,

(a) meets the requirements for Category AA compost in Part II of the Compost Standards; or

(b) meets the requirements for Category A compost in Part II of the Compost Standards, is made without sewage biosolids and is made without domestic septage as defined in Appendix 3 (Glossary) of the Compost Standards.

(4) Subsection (1) does not apply to compost that meets the criteria in subsection 1 (1.1).

(2) Subsection 52.3 (2) of the Regulation, as made by subsection (1), is amended by striking out “Subject to subsections (3) and (4)” at the beginning and substituting “Subject to subsection (3)”.

(3) Subsection 52.3 (4) of the Regulation, as made by subsection (1), is revoked. 

4. (1) Subsection 98.0.5 (1) of the Regulation is amended by adding the following paragraph:

4. Other materials that result from the processing of materials that include sewage biosolids or human body waste.

(2) Subsection 98.0.5 (3) of the Regulation is amended by adding the following paragraph:

3.1 The samples do not need to be analyzed for the pathogens listed in Items 3 and 4 of Column 1 of Table 2 of Schedule 6 if the material is NASM listed in Item 11.1 of Column 1 of Table 3 of Schedule 4.

5. Subsection 98.0.17 (6) of the Regulation is revoked and the following substituted:

(6) No person shall apply NASM to which this subsection applies 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.

(7) Subsection (6) applies to NASM that is,

(a) sewage biosolids;

(b) other materials containing human body waste; or

(c) other materials that result from the processing of materials that include sewage biosolids or human body waste.

6. (1) Item 9 of Table 1 of Schedule 4 to the Regulation is revoked and the following substituted:

 


9.


Anything listed in Items 1 to 8 that is mixed with agricultural source materials, commercial fertilizer, compost that meets the requirements for Category AA or A compost in Part II of the Compost Standards, or compost that meets the criteria in subsection 1 (1.1) of this Regulation.


 



(2) Item 9 of Table 1 of Schedule 4 to the Regulation, as remade by subsection (1), is revoked and the following substituted:

 


9.


Anything listed in Items 1 to 8 that is mixed with agricultural source materials, commercial fertilizer, or compost that meets the requirements for Category AA or A compost in Part II of the Compost Standards.


 



(3) Item 1 of Table 2 of Schedule 4 to the Regulation is revoked and the following substituted:

 


1.


Leaf and yard waste that has been composted, but does not meet the requirements for Category AA or A compost in Part II of the Compost Standards or the criteria in subsection 1 (1.1) of this Regulation.
 


Only if required under section 98.0.16.



(4) Item 1 of Table 2 of Schedule 4 to the Regulation, as remade by subsection (3), is revoked and the following substituted:

 


1.


Leaf and yard waste that has been composted, but does not meet the requirements for Category AA or A compost in Part II of the Compost Standards.


Only if required under section 98.0.16.



(5) Item 8 of Table 2 of Schedule 4 to the Regulation is revoked and the following substituted:

 


8.


Anything listed in Items 1 to 7 that is mixed with agricultural source materials, Category 1 NASM, commercial fertilizer, compost that meets the requirements for Category AA or A compost in Part II of the Compost Standards, or compost that meets the criteria in subsection 1 (1.1) of this Regulation.


As required under section 98.0.16.



(6) Item 8 of Table 2 of Schedule 4 to the Regulation, as remade by subsection (5), is revoked and the following substituted:

 


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 requirements for Category AA or A compost in Part II of the Compost Standards.


As required under section 98.0.16.



(7) Item 11 of Table 3 of Schedule 4 to the Regulation is revoked and the following substituted:

 


11.


Sewage biosolids or any other material, other than untreated septage, that contains human body waste or results from the processing of materials that include sewage biosolids or human body waste.
 


Only if required under section 98.0.16.




11.1


Compost that meets the requirements for Category B compost in Part II of the Compost Standards, other than leaf and yard waste described in Item 1 of Table 2.
 


Sodium; other parameters only if required under section 98.0.16.




(8) Item 14 of Table 3 of Schedule 4 to the Regulation is revoked and the following substituted:

 


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 requirements for Category AA or A compost in Part II of the Compost Standards, compost that meets the criteria in subsection 1 (1.1) of this Regulation, or any other nutrient.


As required under section 98.0.16.



(9) Item 14 of Table 3 of Schedule 4 to the Regulation, as remade by subsection (8), is revoked and the following substituted:

 


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 requirements for Category AA or A compost in Part II of the Compost Standards, or any other nutrient.


As required under section 98.0.16.



7. (1) The French version of the following provisions of the Regulation is amended by striking out “guide” wherever it appears and substituting in each case “Guide”:

1. The definitions of “OC1”, “OC2” and “OC3” in subsection 1 (1).

2. Clause 26.2 (1) (b) and subclause 26.2 (1) (d) (iv).

3. Clause 52 (4) (b).

4. Clause 80 (1) (c).

(2) The French version of the following provisions of the Regulation is amended by striking out “protocole” wherever it appears and substituting in each case “Protocole”:

1. The definition of “nutrient unit” in subsection 1 (1).

2. The definition of “unsaturated” in subsection 1 (1).

3. Clause 17 (1) (b) and subclause 17 (1) (b.2) (ii).

4. Section 23.

5. Clause 24 (1) (b) and subclause 24 (1) (b.2) (ii).

6. Section 26.1.

7. Clause 26.2 (1) (b) and subclause 26.2 (1) (d) (iv).

8. Subsections 32 (1) and (3).

9. Paragraph 4 of subsection 52 (7).

10. Paragraph 2 of subsection 52.5 (2) and paragraph 2 of subsection 52.5 (4).

11. Clause 61 (2) (a).

12. Clause 79 (1) (a).

13. Subclauses 81 (5) (c) (i) and (ii).

14. Clause 91 (3) (b).

15. Subsections 93 (1) and (2).

16. Paragraph 3 of subsection 98.0.6 (1) and the definition of “total organic matter” in subsection 98.0.6 (2).

17. Subsection 98.0.7 (2).

18. Subsection 98.0.8 (3).

19. Subsection 98.5 (3).

Commencement

8. (1) Subject to subsection (2), this Regulation comes into force on January 1, 2013.

(2) Subsections 1 (2), (6), (11) and (16), 2 (2), 3 (2), (3) and 6 (2), (4), (6) and (9) come into force on July 1, 2015.

 

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