O. Reg. 266/11: GENERAL


Published: 2011-06-14

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ontario regulation 266/11

made under the

nutrient management act, 2002

Made: June 1, 2011
Filed: June 14, 2011
Published on e-Laws: June 16, 2011
Printed in The Ontario Gazette: July 2, 2011


Amending O. Reg. 267/03

(General)

1. (1) The definition of “approved design capacity” in subsection 1 (1) of Ontario Regulation 267/03 is amended by striking out “an approval issued under the Ontario Water Resources Act” and substituting “an environmental compliance approval issued in respect of an activity mentioned in subsection 53 (1) of the Ontario Water Resources Act”.

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

“environmental compliance approval” means an environmental compliance approval within the meaning of the Environmental Protection Act; (“autorisation environnementale”)

(3) The definition of “NASM storage facility” in subsection 1 (1) of the Regulation is revoked and the following substituted:

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

(a) that is used to store NASM, and

(b) that is not subject to an environmental compliance approval issued in respect of an activity mentioned in subsection 27 (1) of the Environmental Protection Act. (“installation d’entreposage de MSNA”)

(4) The definition of “regulated mixed anaerobic digestion facility” in subsection 1 (1) of the Regulation is amended by striking out “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” at the end and substituting “is not subject to an environmental compliance approval issued in respect of an activity mentioned in subsection 27 (1) of the Environmental Protection Act”.

2. Paragraph 4 of section 5.3 of the Regulation is amended by striking out “is subject to a certificate of approval or provisional certificate of approval under Part V” in the portion before subparagraph i and substituting “is subject to an environmental compliance approval issued in respect of an activity mentioned in subsection 27 (1)”.

3. Section 8.2 of the Regulation is revoked and the following substituted:

Land application of certain materials

8.2 Nothing in this Regulation authorizes the land application of the following materials, which may be applied to land only in accordance with an environmental compliance approval issued in respect of an activity mentioned in subsection 27 (1) 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.

4. Clause 8.3 (2) (b) of the Regulation is revoked and the following substituted:

(b) the storage site or facility is subject to an environmental compliance approval issued in respect of an activity mentioned in subsection 27 (1) of the Environmental Protection Act.

5. Subsections 15 (4) and (5) of the Regulation are revoked.

6. Subclause 26.2 (1) (d) (ii) of the Regulation is amended by striking out “a certificate of approval or provisional certificate of approval issued under Part V of the Environmental Protection Act” at the end and substituting “an environmental compliance approval issued in respect of an activity mentioned in subsection 27 (1) of the Environmental Protection Act”.

7. (1) Subsection 61.9 (2) of the Regulation is amended by striking out “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” at the end and substituting “if the sediment tank and treatment trench system are subject to an environmental compliance approval issued in respect of an activity mentioned in subsection 53 (1) of the Ontario Water Resources Act”.

(2) Subsection 61.9 (6) of the Regulation is amended by striking out “if an approval in respect of the sewage works has been granted under section 53 of the Ontario Water Resources Act” at the end and substituting “if the sewage works is subject to an environmental compliance approval issued in respect of an activity mentioned in subsection 53 (1) of the Ontario Water Resources Act”.

(3) Subsection 61.9 (7) of the Regulation is amended by striking out “for which a certificate of approval or provisional certificate of approval has been issued under Part V of the Environmental Protection Act” and substituting “that is subject to an environmental compliance approval issued in respect of an activity mentioned in subsection 27 (1) of the Environmental Protection Act”.

8. Subsection 62.1 (4) of the Regulation is amended by striking out “that is subject to a certificate of approval or provisional certificate of approval under Part V of the Environmental Protection Act” at the end and substituting “that is subject to an environmental compliance approval issued in respect of an activity mentioned in subsection 27 (1) of the Environmental Protection Act”.

9. Section 62.3 of the Regulation is revoked and the following substituted:

Facilities subject to approval

62.3 A permanent nutrient storage facility or temporary field nutrient storage site that is used to store NASM and that is subject to an environmental compliance approval issued in respect of an activity mentioned in subsection 27 (1) 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. 

10. Paragraph 5 of subsection 81 (4) of the Regulation is revoked and the following substituted:

5. A sewage works that is subject to an environmental compliance approval issued in respect of an activity mentioned in subsection 53 (1) of the Ontario Water Resources Act.

11. (1) Subclause 81.1 (a) (ii) of the Regulation is revoked and the following substituted:

(ii) in a temporary field nutrient storage site that is subject to an environmental compliance approval issued in respect of an activity mentioned in subsection 27 (1) of the Environmental Protection Act;

(2) Subclause 81.1 (b) (ii) of the Regulation is revoked and the following substituted:

(ii) in a permanent nutrient storage facility that is subject to an environmental compliance approval issued in respect of an activity mentioned in subsection 27 (1) of the

Environmental Protection Act; and

12. Clause 81.4 (1) (a) of the Regulation is revoked and the following substituted:

(a) the facility is subject to an environmental compliance approval issued in respect of an activity mentioned in subsection 27 (1) of the Environmental Protection Act; or

13. Paragraph 3 of subsection 98.0.1 (4) of the Regulation is amended by striking out “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” and substituting “an environmental compliance approval issued in respect of an activity mentioned in subsection 27 (1) of the Environmental Protection Act or subsection 53 (1) of the Ontario Water Resources Act”.

14. Subclause 98.2 (b) (i) of the Regulation is revoked and the following substituted:

(i) the terms and conditions included in an environmental compliance approval issued in respect of an activity mentioned in subsection 27 (1) of the Environmental Protection Act are met, and

15. Clauses 98.15 (a), (b) and (c) of the Regulation are revoked and the following substituted:

(a) the vegetated filter strip system is or forms part of a sewage works that is subject to an environmental compliance approval issued in respect of an activity mentioned in subsection 53 (1) of the Ontario Water Resources Act;

(b) the person who owns or controls the agricultural operation holds an environmental compliance approval issued in respect of 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 environmental compliance approval. 

Commencement

16. This Regulation comes into force on the later of the day subsection 2 (1) of Schedule 7 to the Open for Business Act, 2010 comes into force and the day it is filed.

 

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