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Nutrient Management Act, 2002

ONTARIO REGULATION 267/03

GENERAL

Consolidation Period: From September 18, 2009 to the e-Laws currency date.

Last amendment: O. Reg. 338/09.

This is the English version of a bilingual regulation.

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CONTENTS

PART I
DEFINITIONS AND INTERPRETATION

Definitions and General

Definitions and general

1.  (1)  In this Regulation,

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

“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”)

“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”)

“anaerobic digestion” means the decomposition of organic matter by bacteria 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”)

“application”, in relation to the application of a material to land, does not include the direct deposit onto land of feces or urine by animals; (“épandage”)

“approved design capacity”, in relation to a sewage treatment works, means design capacity as approved for the sewage treatment works pursuant to an approval issued under the Ontario Water Resources Act; (“capacité nominale approuvée”)

“aquifer” means an underground formation of saturated permeable rock or saturated loose material including soil that can produce useable quantities of water when tapped by a well; (“aquifère”)

“broker” means a person who,

(a) receives prescribed materials from an operation,

(b) does not generate a new nutrient product from the materials, and

(c) transfers the materials to another operation, applies the materials to land as nutrients on behalf of another person, or stores them for either of those purposes; (“courtier”)

“broking operation” means an operation by virtue of which a person is a broker; (“entreprise de courtage”)

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

Note: On January 1, 2011, subsection (1) 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”)

See: O. Reg. 338/09, ss. 1 (6), 85 (2).

Note: On January 1, 2011, subsection (1) 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”)

See: O. Reg. 338/09, ss. 1 (7), 85 (2).

Note: On January 1, 2011, subsection (1) 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”)

See: O. Reg. 338/09, ss. 1 (8), 85 (2).

“commercial fertilizer” means a fertilizer or supplement, as both of those terms are defined in the Fertilizers Act (Canada); (“engrais commercial”)

“compacted soil liner”, in relation to a permanent nutrient storage facility, means a liner composed of hydraulically secure soil that is compacted to 95 per cent of modified Proctor density at the optimum moisture content to meet a maximum saturated hydraulic conductivity of not more than 1 × 10 ^-9 metres per second; (“revêtement de sol compacté”)

“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”)

“concrete” means Portland cement concrete; (“béton”)

“contingency plan” means a proposal in a nutrient management strategy or plan for dealing with,

(a) an excess of prescribed materials or nutrients, if the amount of prescribed materials or nutrients generated or received at a farm unit is greater than that otherwise provided for by the strategy or plan,

(b) an excess of prescribed materials or nutrients, if the amount of prescribed materials or nutrients requiring storage prior to use exceeds or is anticipated to exceed the storage capacity available for prescribed materials or nutrients otherwise provided for by the strategy or plan,

(c) unanticipated releases of prescribed materials or nutrients from storage or during transport or application,

(d) inability to store, apply or otherwise use prescribed materials or nutrients as otherwise provided for by the strategy or plan, as a result of weather conditions or unavailability of equipment, or

(e) any other contingency requiring the handling or storage of prescribed materials or nutrients in an emergency; (“plan d’urgence”)

“control”, as a verb in relation to land, an agricultural operation or a non-agricultural operation, includes manage and operate; (“avoir le contrôle”)

Note: On January 1, 2011, subsection (1) 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”)

See: O. Reg. 338/09, ss. 1 (10), 85 (2).

“crop residue” means the unharvested portion of a crop left on the surface of the soil of land after the harvest of a crop grown on the land; (“résidus de culture”)

“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”)

“dugout pond” means a pond,

(a) that is constructed entirely within a farm unit,

(b) that is not connected to surface water,

(c) that is located more than 100 metres from the nearest surface water or well, and

(d) to which access by livestock is entirely restricted or is limited so that livestock are only allowed to drink from the pond; (“mare-réservoir”)

Note: On January 1, 2011, subsection (1) 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”)

See: O. Reg. 338/09, ss. 1 (13), 85 (2).

“earth” means inorganic components of the earth’s crust such as clay, silt, sand, gravel or any mixture of those components and may contain small amounts of organic materials; (“terre”)

“engineered material” means synthetic material or natural material that has been reworked to create material that meets,

(a) the standard set out in the definition of “hydraulically secure soil”, in the case of that soil,

(b) the requirements specified in Part VIII, in the case of other material located immediately under a permanent nutrient storage facility; (“matière travaillée”)

“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”)

“farm unit” means land consisting of, or designated as, a farm unit under section 5; (“unité agricole”)

“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”)

“frozen soil” means soil that is consolidated by the presence of frozen moisture in the soil, in any layer with a minimum thickness of five centimetres, where the layer is located within the top 15 centimetres of the soil; (“sol gelé”)

Note: On January 1, 2011, the definition of “frozen soil” is revoked. See: O. Reg. 338/09, ss. 1 (14), 85 (2).

“generator” means a person who owns or controls an operation in the course of which prescribed materials are generated, and includes an intermediate generator; (“producteur”)

“geomembrane liner” means a synthetic membrane with very low permeability used to control fluid migration in a nutrient storage facility; (“géomembrane”)

“geosynthetic clay liner” means a liner that consists of high swelling sodium bentonite between two layers of geotextile fabric having a saturated hydraulic conductivity of 1 × 10^-9 metres per second or less used to control fluid migration in a nutrient storage facility; (“revêtement d’argile géosynthétique”)

“ground level”, in relation to a nutrient storage facility, means the lowest surface grade within a perimeter of two metres of the facility; (“niveau du sol”)

“high-density permanent outdoor confinement area” means an outdoor confinement area,

(a) to which the animals confined in the area have access for 4,800 hours of the year and where the number of animals confined in the area, at any time, is sufficient to generate nutrients at a rate of more than 120 nutrient units per hectare annually, or

(b) an area that meets the following requirements:

(i) the animals confined in the area have access to the area for less than 4,800 hours of the year,

(ii) the area is an outdoor confinement area that contains a sufficient number of farm animals to generate 300 or more nutrient units annually,

(iii) the number of nutrient units generated by the animals confined in the area in the year multiplied by the proportion of the year during which the animals are confined in the area is more than five nutrient units per hectare; (“zone de confinement extérieure permanente à haute densité”)

“hydraulically secure soil” means natural soil that is consistent in nature and able to meet a maximum saturated hydraulic conductivity of 1 × 10^-8 metres per second; (“sol sûr en termes de conductivité hydraulique”)

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

“incorporation” means the mixing of nutrients into the surface of soil by tillage with a minimum depth of soil disturbance of 10 centimetres; (“incorporation”)

“injection”, in relation to the application of nutrients to land, means the placement of nutrients below the surface of the soil of the land; (“injection”)

“intermediate generator” means a person who owns or controls an intermediate operation; (“producteur intermédiaire”)

“intermediate operation” means an operation carried out with prescribed materials generated in the course of another operation, resulting in the production of prescribed materials that have different characteristics from those of the materials in the form in which they were generated, such as nutrient content, density or volume but does not include an operation that mixes only manure produced by farm animals; (“exploitation intermédiaire”)

“liner” includes a geomembrane liner, a geosynthetic clay liner and a compacted soil liner; (“revêtement”)

“liquid”, in relation to prescribed materials or nutrients, means prescribed materials or nutrients that are not solid; (“liquide”)

“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”)

“livestock” includes poultry and ratites; (“bétail”)

“living crop” means a crop that has been planted and has emerged from the soil, and if it is dormant, that must be reasonably expected to resume growing under suitable conditions; (“culture vivante”)

“low-density permanent outdoor confinement area” means an outdoor confinement area used for 4,800 hours or more in a calendar year where the number of animals confined in the area, at any time, is not sufficient to generate nutrients at a rate of more than 120 nutrient units per hectare annually; (“zone de confinement extérieure permanente à faible densité”)

“maximum sustained slope” means the change in elevation from the top to the bottom of a slope divided by the length of the slope expressed as a percentage, where the slope has a minimum length of 10 metres and where the slope is towards surface water; (“pente soutenue maximale”)

“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”)

“municipal well” means a well that serves as a raw water supply for a municipal drinking water system as defined in the Safe Drinking Water Act, 2002; (“puits municipal”)

“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”)

“non-agricultural operation” means,

(a) an intermediate or broking operation, or

(b) any other operation, other than an agricultural operation, that involves the generation or management of prescribed materials or nutrients; (“exploitation non agricole”)

“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”)

“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”)

“nutrient unit” means the amount of nutrients that give the fertilizer replacement value of the lower of 43 kilograms of nitrogen or 55 kilograms of phosphate as nutrient as established by reference to the Nutrient Management Protocol; (“unité nutritive”)

“observation and shut-off station” means an observation station that is equipped with a valve attached to the gravity outflow pipe to allow the flow of liquid in a tile drain to be shut off; (“poste d’observation et d’arrêt”)

“observation station” means a device that intercepts the flow of liquid in a tile drain and that is used to collect, observe and monitor the amount and condition of liquid in the tile drain; (“poste d’observation”)

Note: On January 1, 2011, subsection (1) 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”)

See: O. Reg. 338/09, ss. 1 (19), 85 (2).

“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”)

“operation” means an agricultural operation or a non-agricultural operation; (“exploitation”)

“operation identifier” means a unique identifier that a Director assigns, for the purposes of a nutrient management strategy or plan, to an operation or a farm unit on which an agricultural operation is carried out; (“identificateur d’exploitation”)

“organic soils” means soils containing more than 17 per cent organic carbon by weight, commonly known as peat, muck, bog or fen soils; (“sols organiques”)

“outdoor confinement area” means an enclosure for livestock, deer, elk or game animals that has the following characteristics:

1. It has no roof, except as described in paragraph 3.

2. It is composed of fences, pens, corrals or similar structures.

3. It may contain a shelter to protect the animals from the wind or another shelter with a roof of an area of less than 20 square metres.

4. It has permanent or portable feeding or watering equipment.

5. The animals are fed or watered at the enclosure.

6. The animals may or may not have access to other buildings or structures for shelter, feeding or watering.

7. Grazing and foraging provides less than 50 per cent of dry matter intake; (“zone de confinement extérieure”)

Note: On January 1, 2011, subsection (1) 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”)

See: O. Reg. 338/09, ss. 1 (20), 85 (2).

“permanent liquid nutrient storage facility” means a permanent nutrient storage facility that is designed and constructed to contain liquid prescribed material; (“installation permanente d’entreposage d’éléments nutritifs liquides”)

Note: On January 1, 2011, subsection (1) 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”)

See: O. Reg. 338/09, ss. 1 (21), 85 (2).

“permanent nutrient storage facility” means a facility for storing prescribed material, including a storage facility made of earth that is a permanent structure or part of a permanent structure, but does not include,

(a) a permanent solid nutrient storage facility that has less than 14 days of storage capacity,

(b) a permanent liquid nutrient storage facility that has less than 14 days of storage capacity and a maximum depth of liquid nutrient that is less than 100 millimetres,

(c) nutrient application or irrigation systems used to deliver liquid fertilizer to crops,

(d) a permanent nutrient storage facility used solely as part of a vegetated filter strip system, or

(e) a regulated mixed anaerobic digestion facility; (“installation permanente d’entreposage d’éléments nutritifs”)

“permanent outdoor confinement area” means an outdoor confinement area that is either a high-density permanent outdoor confinement area or a low-density permanent outdoor confinement area; (“zone de confinement extérieure permanente”)

Note: On January 1, 2011, subsection (1) 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”)

See: O. Reg. 338/09, ss. 1 (23), 85 (2).

“permanent solid nutrient storage facility” means a permanent nutrient storage facility that is designed and constructed to contain solid prescribed material; (“installation permanente d’entreposage d’éléments nutritifs solides”)

“prescribed material” means an agricultural source material or a non-agricultural source material; (“matière prescrite”)

“pretilled” means land that is sufficiently disturbed by tillage to disrupt large cracks and pores that could conduct liquid materials into subsurface soil or tile drains; (“préalablement labouré”)

“professional engineer” means a person who holds a licence or a temporary licence under the Professional Engineers Act, but does not include a person who holds a limited licence issued under that Act; (“ingénieur”)

“professional geoscientist” means a person who is a member in good standing of the Association of Professional Geoscientists of Ontario or who holds a valid certificate of authorization under the Professional Geoscientists Act, 2000, but does not include a limited member or a non-practising member of that Association; (“géoscientifique professionnel”)

“pulp and paper biosolids” means solid or liquid material that results from the treatment of wastewater generated by a manufacturer of pulp, paper, recycled paper or paper products including corrugated cardboard; (“matières sèches biologiques provenant de la pulpe et du papier”)

Note: On January 1, 2011, subsection (1) is amended by adding the following definition:

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

See: O. Reg. 338/09, ss. 1 (25), 85 (2).

“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”)

“residential area” means an area in which there are four or more lots of not more than one hectare,

(a) that are adjacent to each other or not separated by anything other than a road allowance or right of way, and

(b) on each of which there is a residential building; (“zone résidentielle”)

“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 September 14, 2009; (“protocole d’échantillonnage et d’analyse”)

“sewage biosolids” means the residue from a sewage treatment works following treatment of sewage and removal of effluent; (“matières sèches biologiques provenant d’égouts”)

“site characterization” means a site characterization carried out in accordance with a study under Part VIII; (“caractérisation de site”)

“snow-covered soil” means soil with a layer of snow on the surface that has an average minimum depth of five centimetres; (“sol enneigé”)

Note: On January 1, 2011, the definition of “snow-covered soil” is revoked. See: O. Reg. 338/09, ss. 1 (29), 85 (2).

“soil test hole” means a hole that is dug or drilled into soil for the purpose of determining the characteristics of the soil in accordance with this Regulation; (“trou d’essai du sol”)

“solid”, in relation to prescribed materials or nutrients, means having a dry matter content of 18 per cent or more or a slump of 150 millimetres or less using the Test Method for the Determination of Liquid Waste (slump test) set out in Schedule 9 to Regulation 347 made under the Environmental Protection Act; (“solide”)

“surface water” means surface water as defined in section 2; (“eau de surface”)

“synthetic liner” means a geomembrane liner or a geosynthetic clay liner; (“revêtement synthétique”)

“temporary field nutrient storage site” means a location that is not a permanent nutrient storage facility and where solid prescribed materials are stored for more than 24 hours; (“site temporaire d’entreposage d’éléments nutritifs sur place”)

“tillage” means the mechanical disturbance of soil so as to be turned, mixed or displaced from its undisturbed state; (“labourage”)

“top”, in relation to a defined channel or a bank of surface water, means,

(a) the edge of the channel or bank, if there is a sharp change from the steep slope of the channel or bank to the shallower slope of the field area, or

(b) the normal full extent of the watercourse when it contains the maximum volume of water without flooding, if the change in slope described in clause (a) does not exist; (“haut”)

Note: On January 1, 2011, subsection (1) 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”)

See: O. Reg. 338/09, ss. 1 (30), 85 (2).

“treatment system” means a treatment system that is capable of changing the characteristics of an input stream that contains nutrients; (“système de traitement”)

“unsaturated” means a soil water content that is less than 100 per cent of the total pore space, or that is at a negative soil water pressure as determined according to the Nutrient Management Protocol for unsaturated soil conditions; (“non saturé”)

Note: On January 1, 2011, subsection (1) 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”)

See: O. Reg. 338/09, ss. 1 (31), 85 (2).

“vegetated buffer zone” means an area that,

(a) has a width of at least three metres, adjacent to the top of the bank of surface water, measured away from the top of the bank of the surface water nearest the buffer zone, and

(b) is maintained under continuous vegetated cover, including perennial grasses, forbs or trees and perennial forage crops that can be harvested as hay or silage; (“zone tampon de végétation”)

“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”)

“water table”, in relation to land, means the highest level of water found in the ground, as recorded in the water well records for the nearest water wells to the land or as determined by a test hole dug at the time of or before the placing of materials containing nutrients at a temporary field nutrient storage site located on the land; (“nappe phréatique”)

“well” includes a gas well, oil well, unused well, test well and water well. (“puits”) O. Reg. 267/03, s. 1 (1); O. Reg. 447/03, s. 1 (1-23); O. Reg. 169/04, s. 1; O. Reg. 511/05, s. 1; O. Reg. 394/07, s. 1; O. Reg. 338/09, s. 1 (1-5, 9, 11, 12, 15-18, 22, 24, 26-28).

(2)  In the Act,

“generator” means generator as defined in subsection (1); (“producteur”)

“pulp and paper sludge” means pulp and paper biosolids as defined in subsection (1). (“boues de pulpe et de papier”) O. Reg. 267/03, s. 1 (2); O. Reg. 447/03, s. 1 (24).

(3)  In this Regulation,

(a) a reference to a nutrient includes a reference to material that contains the nutrient;

(b) a reference to a nutrient management strategy or plan includes a reference to a short-form nutrient management strategy or plan, as the case may be, used in accordance with section 18 or 25, as the case may be. O. Reg. 267/03, s. 1 (3).

(4)  This Regulation applies to nutrient management strategies prepared in accordance with the regulations, and not to other nutrient management strategies, and references in this Regulation to a nutrient management strategy shall be read as references to a nutrient management strategy prepared in accordance with the regulations, unless the context requires otherwise. O. Reg. 447/03, s. 1 (25).

Surface water

2.  (1)  In this Regulation,

“surface water” means, subject to subsection (2),

(a) a natural or artificial channel that carries water continuously throughout the year, or intermittently, and does not have established vegetation within the bed of the channel except vegetation dominated by plant communities that require or prefer the continuous presence of water or continuously saturated soil for their survival,

(b) a lake, reservoir, pond or sinkhole, or

(c) a wetland, such as a swamp, marsh, bog or fen, but not land that is being used for agricultural purposes that no longer exhibits wetland characteristics, if the wetland,

(i) is seasonally or permanently covered by shallow water or has the water close to the surface of the ground, and

(ii) has hydric soils and vegetation dominated by hydrophytic or water-tolerant plants. O. Reg. 267/03, s. 2 (1); O. Reg. 447/03, s. 2 (1).

(2)  The following are not surface water for the purposes of this Regulation:

1. Grassed waterways.

2. Temporary channels for surface drainage, such as furrows or shallow channels that can be tilled and driven through.

3. Rock chutes and spillways.

4. Roadside ditches that do not contain a continuous or intermittent stream.

5. Temporarily ponded areas that are normally farmed.

5.5 Dugout ponds.

6. Artificial bodies of water intended for the storage, treatment or recirculation of runoff from farm-animal yards, manure storage facilities and sites and outdoor confinement areas. O. Reg. 267/03, s. 2 (2); O. Reg. 447/03, s. 2 (2); O. Reg. 511/05, s. 2.

Nutrients

3.  The application to land of agricultural source materials or non-agricultural source materials is a prescribed use for the purpose of the definition of “nutrient” in section 2 of the Act. O. Reg. 267/03, s. 3.

4.  Revoked: O. Reg. 338/09, s. 2.

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

What constitutes a farm unit

5.  (1)  An area of land used for an agricultural operation, part of an agricultural operation or more than one agricultural operation constitutes a single farm unit for the purposes of this Regulation only if the following rules apply:

1. It must be reasonably necessary, for the avoidance of any adverse effect, for any prescribed materials generated on the land, or any nutrients applied on the land, to be managed by reference to a single nutrient management strategy or plan.

2. If prescribed materials are generated in the course of an agricultural operation carried out on the land, the land of the farm unit must include all land that the current owner of the land on which the materials are generated acquired under a single transfer as defined in the Land Registration Reform Act and on which the materials are managed.

3. Despite paragraph 2, the land of the farm unit does not include land to which prescribed materials generated in the course of an agricultural operation are transferred if the nutrient management strategy or plan for the operation provides for the materials to be transferred and if the transfer is done in accordance with this Regulation,

i. under a broker agreement,

ii. under a nutrient transfer agreement,

iii. to another agricultural operation for application to land, or

iv. for use other than as a nutrient.

4. A part of a farm unit on which agricultural source material is generated may be located at any distance from a part of the farm unit where the material is applied to land. O. Reg. 267/03, s. 5 (1); O. Reg. 338/09, s. 4.

(2)  If a person owns or controls land in relation to which a nutrient management strategy or plan has been or is being prepared, a Director may, on application by the person or on the Director’s own initiative, by certificate given to the person, designate land described in the certificate as a farm unit for the purposes of the strategy or plan, regardless of whether the person owns or controls all or part of the designated land. O. Reg. 267/03, s. 5 (2).

(3)  A Director shall have regard to the rules described in subsection (1) in making a decision to designate land as a farm unit. O. Reg. 267/03, s. 5 (3).

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. O. Reg. 338/09, s. 5.

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. O. Reg. 338/09, s. 5.

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. O. Reg. 338/09, s. 5.

Application of Regulation

Application of Regulation

6.  (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. O. Reg. 338/09, s. 6 (1).

(2)  For the purposes of subsection (1), the number of farm animals may be counted on a single day. O. Reg. 338/09, s. 6 (1).

(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. O. Reg. 394/07, s. 2 (2).

Note: On January 1, 2011, subsection (3) 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. O. Reg. 338/09, s. 6 (2).

See: O. Reg. 338/09, ss. 6 (2), 85 (2).

(4)  Revoked: O. Reg. 294/04, s. 2.

Note: On January 1, 2011, section 6 is amended by adding the following subsections:

(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. O. Reg. 338/09, s. 6 (2).

(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. O. Reg. 338/09, s. 6 (2).

(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. O. Reg. 338/09, s. 6 (2).

See: O. Reg. 338/09, ss. 6 (2), 85 (2).

Farm Animal Numbers

No restriction on farm animal numbers

7.  For the purposes of the Act and this Regulation, there shall be no restriction on the numbers of farm animals that may be managed in the course of an agricultural operation, unless imposed expressly or by implication by this Regulation or by an order made under section 29 or 30 of the Act. O. Reg. 267/03, s. 7.

Conflict and Multiple Requirements

Conflict with other instruments

8.  Subject to the Act, the requirements of this Regulation are in addition to and independent of the requirements in an approval, order or instrument issued under any other Act, other than a municipal by-law, and in the event of conflict, shall prevail. O. Reg. 267/03, s. 8.

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. O. Reg. 338/09, s. 8.

(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. O. Reg. 338/09, s. 8.

Note: On January 1, 2011, Part I 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. O. Reg. 338/09, s. 9.

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. O. Reg. 338/09, s. 9.

(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. O. Reg. 338/09, s. 9.

See: O. Reg. 338/09, ss. 9, 85 (2).

PART II
STRATEGIES AND PLANS: GENERAL

Note: On January 1, 2011, the heading to Part II is revoked and the following substituted:

PART II
NUTRIENT MANAGEMENT STRATEGIES, PLANS AND NASM PLANS: GENERAL

See: O. Reg. 338/09, ss. 10, 85 (2).

Nutrient Management Strategies

Application of strategies

9.  (1)  A nutrient management strategy applies to,

(a) an agricultural operation carried out on a farm unit; or

(b) a non-agricultural operation that generates non-agricultural source materials for application to land. O. Reg. 267/03, s. 9 (1); O. Reg. 447/03, s. 4 (1).

(2)  A separate nutrient management strategy is required for,

(a) each farm unit on which an agricultural operation to which a nutrient management strategy applies is carried out; and

(b) each non-agricultural operation that generates non-agricultural source materials for application to land. O. Reg. 447/03, s. 4 (2).

Note: On January 1, 2011, section 9 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. O. Reg. 338/09, s. 11.

(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. O. Reg. 338/09, s. 11.

See: O. Reg. 338/09, ss. 11, 85 (2).

Compliance with strategy

10.  (1)  A person who owns or controls an agricultural or non-agricultural operation to which this section applies shall ensure that prescribed materials generated in the course of the operation are managed in accordance with a nutrient management strategy. O. Reg. 267/03, s. 10 (1).

Note: On January 1, 2011, subsection (1) is 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. O. Reg. 338/09, s. 12.

See: O. Reg. 338/09, ss. 12, 85 (2).

(2)  No person shall manage prescribed materials that are generated in the course of an agricultural or non-agricultural operation to which this section applies except in accordance with a nutrient management strategy. O. Reg. 267/03, s. 10 (2).

Note: On January 1, 2011, subsection (2) is revoked and the following substituted:

(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. O. Reg. 338/09, s. 12.

See: O. Reg. 338/09, ss. 12, 85 (2).

(3)  This section does not apply to an agricultural fair at which farm animals are present for 25 days or less if all of the manure generated at the fair is disposed of under a broker agreement. O. Reg. 267/03, s. 10 (3).

Phasing-in, agricultural operations

11.  (1)  Section 10 applies to an agricultural operation that generates agricultural source materials if the person who owns or controls the land, on which the operation is carried out and that the current owner acquired under a single transfer as defined in the Land Registration Reform Act, has not carried out the operation on the land at any time before September 30, 2003 and submits an application, on or after that date and before December 31, 2005, for a building permit under the Building Code Act, 1992 with respect to any building or structure that is used to house farm animals and that is located or to be located on the land. O. Reg. 267/03, s. 11 (1); O. Reg. 511/05, s. 4 (1).

(2)  Revoked: O. Reg. 511/05, s. 4 (2).

(3)  Section 10 applies to an agricultural operation that generates agricultural source materials if the number of farm animals on a farm unit on which the operation is carried out is sufficient, at any time on or after July 1, 2005, to generate 300 or more nutrient units annually. O. Reg. 511/05, s. 4 (3).

(4)  Section 10 applies to an agricultural operation that generates agricultural source materials if, at any time on or after December 31, 2005, a person who owns or controls the land on which the operation is carried out,

(a) 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) 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 made under that Act; or

(c) constructs or causes to be constructed a permanent nutrient storage facility made of earth on the land. O. Reg. 511/05, s. 4 (3); O. Reg. 338/09, s. 13.

(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. O. Reg. 394/07, s. 3 (1).

(5)  Section 10 applies to an agricultural operation that generates agricultural source materials at the earliest time that subsections (1), (3), (4) and (4.1) determine that the section is to apply and continues to apply to the operation during each year in which the operation generates agricultural source materials. O. Reg. 511/05, s. 4 (3); O. Reg. 394/07, s. 3 (2).

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. O. Reg. 394/07, s. 4.

(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. O. Reg. 394/07, s. 4.

Phasing-in, non-agricultural operations

12.  (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. O. Reg. 338/09, s. 14 (1).

(2)  In subsection (1),

“municipal sewage treatment works” means a non-agricultural operation consisting of sewage works as defined in the Ontario Water Resources Act for which an approval has been given under section 53 of that Act authorizing,

(a) the treatment of sewage for a municipality, and

(b) the generation of prescribed materials that are intended to be applied to land. O. Reg. 267/03, s. 12 (2); O. Reg. 447/03, s. 6 (2).

Note: On January 1, 2011, section 12 is revoked. See: O. Reg. 338/09, ss. 14 (2), 85 (2).

Nutrient Management Plans

Application of plans

13.  (1)  A nutrient management plan applies to an agricultural operation carried out on a farm unit. O. Reg. 267/03, s. 13 (1).

(2)  A separate nutrient management plan is required for each farm unit on which an agricultural operation to which a nutrient management plan applies is carried out. O. Reg. 267/03, s. 13 (2).

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. O. Reg. 338/09, s. 15.

(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. O. Reg. 338/09, s. 15.

Phasing-in

15.  (1)  Subject to subsection (2), section 14 applies to an agricultural operation that is carried out on a farm unit as soon as the person who owns or controls it is required to have a nutrient management strategy for carrying out the operation on the farm unit. O. Reg. 267/03, s. 15; O. Reg. 511/05, s. 5 (1).

(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. O. Reg. 338/09, s. 16 (1).

Note: On January 1, 2011, subsection (2) 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. O. Reg. 338/09, s. 16 (2).

See: O. Reg. 338/09, ss. 16 (2), 85 (2).

(3)  Subsection (2) does not apply to an agricultural operation that generates agricultural source materials if any portion of the land of the farm unit used for the operation lies within 100 metres of a municipal well. O. Reg. 511/05, s. 5 (2).

(4)  The conditions mentioned in clause (2) (b) are the following:

1. A certificate of approval or provisional certificate of approval for an organic soil conditioning site has been issued under the Environmental Protection Act permitting the spreading or application of the non-agricultural source materials on all of the land of the farm unit where the materials will be applied.

2. The certificate of approval or provisional certificate of approval has not been suspended or revoked and has not expired.

3. The person who owns or controls the operation has provided the Ministry of Agriculture, Food and Rural Affairs with notice of the number of the certificate of approval or provisional certificate of approval and notice of the site location where the non-agricultural source materials will be applied under the certificate or provisional certificate, as the case may be. O. Reg. 511/05, s. 5 (2).

(5)  A person who owns or controls an agricultural operation and who has provided the notices described in paragraph 3 of subsection (4) shall retain a copy of the notices until the second anniversary of providing it. O. Reg. 511/05, s. 5 (2).

15.1  Revoked: O. Reg. 511/05, s. 6.

Note: On January 1, 2011, Part II 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. O. Reg. 338/09, s. 17.

(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. O. Reg. 338/09, s. 17.

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. O. Reg. 338/09, s. 17.

(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. O. Reg. 338/09, s. 17.

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. O. Reg. 338/09, s. 17.

(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. O. Reg. 338/09, s. 17.

(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. O. Reg. 338/09, s. 17.

(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. O. Reg. 338/09, s. 17.

See: O. Reg. 338/09, ss. 17, 85 (2).

PART III
STRATEGIES AND PLANS: PREPARATION

Note: On January 1, 2011, the heading to Part III is revoked and the following substituted:

PART III
NUTRIENT MANAGEMENT STRATEGIES, PLANS AND NASM PLANS: PREPARATION

See: O. Reg. 338/09, ss. 18, 85 (2).

Precondition

Requirement for other agreements

16.  A person who is required to have a nutrient management strategy or 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 or non-agricultural operation; and

(b) at the time the strategy or plan comes into force, have the agreements mentioned in clause (a) in force. O. Reg. 267/03, s. 16.

Note: On January 1, 2011, section 16 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. O. Reg. 338/09, s. 19.

(2)  For greater certainty, an agreement mentioned in clause (1) (a) may be amended, or terminated and replaced by another agreement. O. Reg. 338/09, s. 19.

See: O. Reg. 338/09, ss. 19, 85 (2).

Nutrient Management Strategies

Preparation and contents

17.  (1)  A nutrient management strategy for an agricultural or non-agricultural operation,

Note: On January 1, 2011, subsection (1) is amended by striking out “or non-agricultural” in the portion before clause (a). See: O. Reg. 338/09, ss. 20 (1), 85 (2).

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

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

(b.1) must contain a contingency plan;

(b.2) in the case of an agricultural operation, must include a declaration prepared in a form and manner specified by a Director that,

(i) identifies each 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;

Note: On January 1, 2011, clause (b.2) is 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

See: O. Reg. 338/09, ss. 20 (2), 85 (2).

(b.3) in the case of a non-agricultural operation, must be prepared in a form and manner specified by a Director; and

Note: On January 1, 2011, clause (b.3) is revoked. See: O. Reg. 338/09, ss. 20 (2), 85 (2).

(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). O. Reg. 267/03, s. 17 (1); O. Reg. 447/03, s. 8; O. Reg. 511/05, s. 7 (1); O. Reg. 338/09, s. 20 (3).

(2)  A nutrient management strategy for an agricultural or non-agricultural operation must account for the total quantity of prescribed materials that are suitable for application to land as nutrient and that it is reasonable to expect will be generated in the course of the operation, in each year for which the strategy is prepared. O. Reg. 267/03, s. 17 (2).

Note: On January 1, 2011, subsection (2) is amended by striking out “or non-agricultural”. See: O. Reg. 338/09, ss. 20 (4), 85 (2).

(3)  On application by the person responsible for preparing a nutrient management strategy or on receiving a registration of an agricultural operation to which a nutrient management strategy applies, a Director shall assign an operation identifier to the following, unless an operation identifier has already been assigned to the operation:

1. The agricultural or non-agricultural operation to which the strategy applies.

Note: On January 1, 2011, paragraph 1 is amended by striking out “or non-agricultural”. See: O. Reg. 338/09, ss. 20 (6), 85 (2).

2. The farm unit on which the agricultural operation to which the strategy applies is carried out. O. Reg. 267/03, s. 17 (3); O. Reg. 511/05, s. 7 (2); O. Reg. 338/09, s. 20 (5, 7).

(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. O. Reg. 394/07, s. 5.

Short-form strategy

18.  A nutrient management strategy for an agricultural operation may be a short-form nutrient management strategy if the short-form is authorized for the operation under this section as it read immediately before September 29, 2005 and the strategy was prepared before that date. O. Reg. 511/05, s. 8.

Management of nutrients for non-nutrient purposes

19.  A nutrient management strategy may provide for some or all of the prescribed materials that are dealt with by the strategy to be managed for non-nutrient purposes. O. Reg. 267/03, s. 19.

Transfer of prescribed materials outside operation

20.  (1)  If this Regulation requires a person who owns or controls an agricultural or non-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, 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. O. Reg. 267/03, s. 20 (1).

Note: On January 1, 2011, subsection (1) 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. O. Reg. 338/09, s. 21 (1).

See: O. Reg. 338/09, ss. 21 (1), 85 (2).

(2)  Revoked: O. Reg. 447/03, s. 9 (1).

(3)  The transfer agreement must identify the person who owns or controls the operation from which the materials are to be transferred, the person who owns or controls the operation to which the materials are to be transferred, the type and quantity of the materials to be transferred and the proposed date of transfer. O. Reg. 511/05, s. 9.

(3.1)  If this Regulation requires a person who owns or controls an operation to have a nutrient management strategy for carrying out the operation, the nutrient management strategy may provide for the transfer of prescribed materials to another agricultural operation. O. Reg. 447/03, s. 9 (2).

(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. O. Reg. 338/09, s. 21 (2).

(4)  If a nutrient management strategy provides for prescribed materials generated in the course of an agricultural or non-agricultural operation to be transferred elsewhere for management in the course of another operation, the location to which the materials are transferred may be anywhere without regard to the distance from the location of the operation, in the course of which the materials are generated. O. Reg. 267/03, s. 20 (4).

21.  Revoked: O. Reg. 338/09, s. 22.

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. O. Reg. 338/09, s. 23.

(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. O. Reg. 338/09, s. 23.

(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. O. Reg. 338/09, s. 23.

(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. O. Reg. 338/09, s. 23.

(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. O. Reg. 338/09, s. 23.

(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. O. Reg. 338/09, s. 23.

(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. O. Reg. 338/09, s. 23.

Nutrient Management Plans

Purposes

23.  A nutrient management 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. Land use which maximizes the efficiency of on-site nutrient use.

3. The minimization of adverse environmental impact. O. Reg. 267/03, s. 23.

Preparation and contents

24.  (1)  A nutrient management plan for an agricultural operation,

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

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

(b.1) must include a contingency plan;

(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 plan applies is carried out, and

(ii) states that the plan 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

(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). O. Reg. 267/03, s. 24 (1); O. Reg. 447/03, s. 11; O. Reg. 511/05, s. 12; O. Reg. 338/09, s. 24 (1, 2).

(2)  A nutrient management plan for an agricultural operation must account for the total quantity of nutrients that it is reasonable to expect will be applied to land in the course of the operation during each year for which the plan is prepared. O. Reg. 267/03, s. 24 (2).

(3)  A nutrient management plan may deal with land in separate parts, including sections of fields. O. Reg. 338/09, s. 24 (3).

(4)  On application by the person responsible for preparing a nutrient management plan, a Director shall assign an operation identifier to the operation to which the plan applies, unless an operation identifier has already been assigned to the operation. O. Reg. 267/03, s. 24 (4); O. Reg. 338/09, s. 24 (4).

Short-form plan

25.  A nutrient management plan for an agricultural operation may be a short-form nutrient management plan if the short-form is authorized for the operation under this section as it read immediately before September 29, 2005 and the plan was prepared before that date. O. Reg. 511/05, s. 13.

Cessation of plans

26.  (1)  Subject to subsection (2), a nutrient management plan ceases to be in force for an agricultural operation carried out on a farm unit on the fifth anniversary of,

(a) the day on which the plan was approved under this Regulation, if the plan was required to be so approved; or

(b) the day on which the plan was prepared, if the plan was not required to be approved under this Regulation. O. Reg. 511/05, s. 14.

(2)  A nutrient management plan that does not provide for receiving non-agricultural source materials in the course of carrying out an agricultural operation on a farm unit ceases to be in force on the day on which non-agricultural source material is received in the course of carrying out the operation. O. Reg. 511/05, s. 14.

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. O. Reg. 338/09, s. 25.

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). O. Reg. 338/09, s. 25.

(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. O. Reg. 338/09, s. 25.

(3)  A NASM plan may deal with land in separate parts, including sections of fields. O. Reg. 338/09, s. 25.

(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. O. Reg. 338/09, s. 25.

(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. O. Reg. 338/09, s. 25.

Note: On January 1, 2011, Part III 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. O. Reg. 338/09, s. 26.

(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. O. Reg. 338/09, s. 26.

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. O. Reg. 338/09, s. 26.

(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. O. Reg. 338/09, s. 26.

(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. O. Reg. 338/09, s. 26.

See: O. Reg. 338/09, ss. 26, 85 (2).

PART IV
STRATEGIES AND PLANS: APPROVAL AND REGISTRATION

Note: On January 1, 2011, the heading to Part IV is revoked and the following substituted:

PART IV
NUTRIENT MANAGEMENT STRATEGIES, PLANS AND NASM PLANS: APPROVAL, REGISTRATION AND NOTICE

See: O. Reg. 338/09, ss. 27, 85 (2).

Approval

Requirement for approval

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

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

(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;

(c) the operation is an agricultural operation and any portion of the land of the farm unit used for the operation lies within 100 metres of a municipal well; or

(d) the operation is a non-agricultural operation that generates non-agricultural source materials that are intended to be applied to land. O. Reg. 511/05, s. 15; O. Reg. 394/07, s. 7.

Note: On January 1, 2011, subsection (1) 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. O. Reg. 338/09, s. 28 (1).

See: O. Reg. 338/09, ss. 28 (1), 85 (2).

(2)  Subsection (1) does not apply to a new nutrient management strategy for an agricultural operation prepared under subsection 29 (1). O. Reg. 511/05, s. 15.

(3)  A nutrient management plan for an agricultural operation requires the approval of a Director if non-agricultural source material is received in the course of carrying out the operation. O. Reg. 511/05, s. 15.

Note: On January 1, 2011, subsection (3) is revoked and the following substituted:

(3)  A nutrient management plan does not require the approval of a Director. O. Reg. 338/09, s. 28 (2).

(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. O. Reg. 338/09, s. 28 (2).

See: O. Reg. 338/09, ss. 28 (2), 85 (2).

Note: On January 1, 2011, 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. O. Reg. 338/09, s. 29.

(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. O. Reg. 338/09, s. 29.

(3)  A notice under subsection (1) shall contain a statement of the prohibition in subsection (2). O. Reg. 338/09, s. 29.

(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. O. Reg. 338/09, s. 29.

(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. O. Reg. 338/09, s. 29.

(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. O. Reg. 338/09, s. 29.

See: O. Reg. 338/09, ss. 29, 85 (2).

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. O. Reg. 338/09, s. 30 (1).

(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). O. Reg. 338/09, s. 30 (1).

(3)  Upon taking an action described in clause (2) (a) or (c), the Director shall deliver a notice to the person. O. Reg. 338/09, s. 30 (1).

(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. O. Reg. 338/09, s. 30 (1).

(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. O. Reg. 338/09, s. 30 (1).

(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. O. Reg. 338/09, s. 30 (1).

Note: On January 1, 2011, section 28 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. O. Reg. 338/09, s. 30 (2).

(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). O. Reg. 338/09, s. 30 (2).

(3)  Upon taking an action described in clause (2) (a) or (c), the Director shall deliver a notice to the person. O. Reg. 338/09, s. 30 (2).

(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. O. Reg. 338/09, s. 30 (2).

(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. O. Reg. 338/09, s. 30 (2).

(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. O. Reg. 338/09, s. 30 (2).

See: O. Reg. 338/09, ss. 30 (2), 85 (2).

Annual review and update

28.1  (1)  In each year that a nutrient management strategy or plan is in force for an agricultural operation, the person who owns or controls the operation shall review the strategy or plan, as the case may be, and prepare any update to it that is necessary to ensure that it accurately reflects the anticipated operation on the farm unit during the following year. O. Reg. 511/05, s. 17.

(2)  The person shall create and keep a record of the annual review and update. O. Reg. 511/05, s. 17.

Note: On January 1, 2011, section 28.1 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. O. Reg. 338/09, s. 31.

(2)  The summary of a year’s activities referred to in clause (1) (b) must be completed by February 15 of the following year. O. Reg. 338/09, s. 31.

(3)  The update referred to in clause (1) (c) must be completed by February 15 of the year to which it relates. O. Reg. 338/09, s. 31.

See: O. Reg. 338/09, ss. 31, 85 (2).

Renewal after five years

29.  (1)   If a nutrient management strategy or plan is in force for an agricultural operation and if the operation is to continue being carried out after the strategy or plan ceases to be in force under subsection 22 (1) or 26 (1), as the case may be, a person who owns or controls the operation shall have a new nutrient management strategy or plan prepared for the operation at least 90 days before the original strategy or plan so ceases to be in force. O. Reg. 511/05, s. 18 (1).

(1.1)  Revoked: O. Reg. 338/09, s. 32 (1).

(1.2)  Subsection (1.3) applies to a person who owns or controls an agricultural operation that receives non-agricultural source materials in the course of carrying out the operation if,

(a) a Director, under this Regulation, has approved a nutrient management plan for the operation;

(b) the approval is still in force; and

(c) the operation is to receive non-agricultural source materials after the plan mentioned in clause (a) ceases to be in force under subsection 26 (1). O. Reg. 511/05, s. 18 (1).

Note: On January 1, 2011, subsection (1.2) is revoked. See: O. Reg. 338/09, ss. 32 (2), 85 (2).

(1.3)  The person described in subsection (1.2) shall submit a new nutrient management plan for the operation to a Director for approval at least 90 days before the fifth anniversary of the day on which a Director gave the original approval for the operation. O. Reg. 511/05, s. 18 (1).

Note: On January 1, 2011, subsection (1.3) is revoked. See: O. Reg. 338/09, ss. 32 (2), 85 (2).

(2)  Section 28 applies to the application for approval submitted under subsection (1.3). O. Reg. 267/03, s. 29 (2); O. Reg. 511/05, s. 18 (2); O. Reg. 338/09, s. 32 (3).

Note: On January 1, 2011, subsection (2) is revoked. See: O. Reg. 338/09, ss. 32 (4), 85 (2).

(3)  If the Director does not approve or refuses to approve the new strategy or plan before the fifth anniversary of the day on which a Director gave the original approval, the new strategy or plan, incorporating all later revisions that the Director requests under clause 28 (2) (c), shall be deemed to be approved from the date of that anniversary 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. O. Reg. 267/03, s. 29 (3).

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. O. Reg. 338/09, s. 33 (1).

(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. O. Reg. 338/09, s. 33 (1).

(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. O. Reg. 338/09, s. 33 (1).

(4)  Section 28 applies to the application for approval submitted under subsection (1), (2) or (3). O. Reg. 338/09, s. 33 (1).

(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. O. Reg. 338/09, s. 33 (1).

Note: On January 1, 2011, section 30 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. O. Reg. 338/09, s. 33 (2).

(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. O. Reg. 338/09, s. 33 (2).

(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. O. Reg. 338/09, s. 33 (2).

(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. O. Reg. 338/09, s. 33 (2).

(5)  Section 28 applies to the application for approval submitted under subsection (1), (2) or (3). O. Reg. 338/09, s. 33 (2).

(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. O. Reg. 338/09, s. 33 (2).

(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. O. Reg. 338/09, s. 33 (2).

See: O. Reg. 338/09, ss. 33 (2), 85 (2).

31.  Revoked: O. Reg. 338/09, s. 34.

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. O. Reg. 338/09, s. 35.

(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. O. Reg. 338/09, s. 35.

(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. O. Reg. 338/09, s. 35.

Suspension of approval

31.2  (1)  A Director may suspend an approval issued under this Part for a nutrient management strategy or plan for an operation if,

Note: On January 1, 2011, subsection (1) is amended by striking out “nutrient management strategy or plan” in the portion before clause (a) and substituting “nutrient management strategy or NASM plan”. See: O. Reg. 338/09, ss. 36 (1), 85 (2).

(a) the Director is of the opinion that the continuing usage of the strategy or plan will result in a health hazard or an adverse effect; and

Note: On January 1, 2011, clause (a) is amended by striking out “plan” and substituting “NASM plan”. See: O. Reg. 338/09, ss. 36 (3), 85 (2).

(b) one of the following conditions is met:

(i) the Director has given the person who owns or controls the operation or the farm unit on which the operation is carried out reasonable notice of a deficiency associated with the strategy or plan and the person has not corrected the deficiency,

Note: On January 1, 2011, subclause (i) is amended by striking out “plan” and substituting “NASM plan”. See: O. Reg. 338/09, ss. 36 (4), 85 (2).

(ii) the conditions described in the strategy or plan are not consistent with the conditions that exist on the operation or the farm unit on which the operation is carried out. O. Reg. 447/03, s. 14; O. Reg. 338/09, s. 36 (2).

Note: On January 1, 2011, subclause (ii) is amended by striking out “plan” and substituting “NASM plan”. See: O. Reg. 338/09, ss. 36 (5), 85 (2).

(2)  A Director who suspends an approval for a nutrient management strategy or plan for an operation shall notify the person who owns or controls the operation or the farm unit on which the operation is carried out of the suspension. O. Reg. 447/03, s. 14.

Note: On January 1, 2011, subsection (2) is amended by striking out “nutrient management strategy or plan” and substituting “nutrient management strategy or NASM plan”. See: O. Reg. 338/09, ss. 36 (6), 85 (2).

(3)  A Director may reinstate an approval that has been suspended if the reason for suspending the approval no longer exists and there are no additional grounds for suspending the approval. O. Reg. 447/03, s. 14.

Revocation of approval

31.3  (1)  A Director may revoke an approval of a nutrient management strategy or plan issued under this Part if,

Note: On January 1, 2011, subsection (1) is amended by striking out “nutrient management strategy or plan” in the portion before clause (a) and substituting “nutrient management strategy or NASM plan”. See: O. Reg. 338/09, ss. 37 (1), 85 (2).

(a) the approval was issued on the basis of false information or information that was incomplete;

(b) the approval was issued in error or to the wrong person;

(c) the person who owns or controls the operation or the farm unit on which the operation is carried out has not complied with the approval; or

Note: On January 1, 2011, clause (c) is amended by striking out “or” at the end. See: O. Reg. 338/09, ss. 37 (2), 85 (2).

(d) the approval has been suspended. O. Reg. 447/03, s. 14.

Note: On January 1, 2011, subsection (1) is amended 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.

See: O. Reg. 338/09, ss. 37 (2), 85 (2).

(2)  A Director who revokes an approval for a nutrient management strategy or plan for an operation shall notify the person who owns or controls the operation or the farm unit on which the operation is carried out of the revocation. O. Reg. 447/03, s. 14.

Note: On January 1, 2011, subsection (2) is amended by striking out “plan” and substituting “NASM plan”. See: O. Reg. 338/09, ss. 37 (3), 85 (2).

Registration

Registration of agricultural operations

32.  (1)  If this Regulation requires a person who owns or controls an agricultural operation to ensure that there is in force a nutrient management strategy for the operation 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. O. Reg. 511/05, s. 20.

(2)  An agricultural operation shall be deemed to be registered under subsection (1) if,

(a) this Regulation requires the person who owns or controls the operation to ensure that a nutrient management strategy is in force for the operation but does not require that it have the approval of a Director;

(b) before September 29, 2005, this Regulation required the person to ensure that a nutrient management strategy be in force for the operation and that it have the approval of a Director; and

(c) a nutrient management strategy for the operation received the approval of a Director before the date mentioned in clause (b) and is still in force. O. Reg. 511/05, s. 20.

Note: On January 1, 2011, section 32 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. O. Reg. 338/09, s. 38.

See: O. Reg. 338/09, ss. 38, 85 (2).

33.  Revoked: O. Reg. 511/05, s. 20.

34.  Revoked: O. Reg. 447/03, s. 15.

PART V
BROKERS

Requirement for strategy or plan at source or destination

35.  (1)  A broker shall not accept prescribed materials from an operation or transfer prescribed materials to an operation if,

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

(b) there is no such nutrient management strategy or plan. O. Reg. 267/03, s. 35 (1); O. Reg. 447/03, s. 16 (1).

(2)  Revoked: O. Reg. 447/03, s. 16 (2).

Note: On January 1, 2011, section 35 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. O. Reg. 338/09, s. 39.

See: O. Reg. 338/09, ss. 39, 85 (2).

Arrangements with generators and other sources

36.  (1)  A broker who receives prescribed materials from a generator, who under this Regulation is required to have a nutrient management strategy to carry out the operation in the course of which the materials were generated, shall enter into an agreement with the generator that sets out the type and quantity of the materials to be received and the proposed date on which the broker is to receive them. O. Reg. 511/05, s. 21 (1).

Note: On January 1, 2011, subsection (1) is amended by striking out “prescribed materials” and substituting “agricultural source materials”. See: O. Reg. 338/09, ss. 40 (1), 85 (2).

(2)  A broker who is required to enter into an agreement described in subsection (1) shall create a record of the following information:

1. The type and quantity of the prescribed materials to be received and the projected date of receipt.

Note: On January 1, 2011, paragraph 1 is amended by striking out “prescribed materials” and substituting “agricultural source materials”. See: O. Reg. 338/09, ss. 40 (2), 85 (2).

2. A description of the operation in the course of which the materials were generated.

3. The operation identifier for the operation in the course of which the materials were generated or for the farm unit where the operation is carried out. O. Reg. 267/03, s. 36 (2); O. Reg. 447/03, s. 17; O. Reg. 511/05, s. 21 (2).

(3)  The broker shall retain the records required by subsection (2) for four years after the date of receiving the prescribed materials. O. Reg. 267/03, s. 36 (3).

Note: On January 1, 2011, subsection (3) is amended by striking out “prescribed materials” and substituting “agricultural source materials”. See: O. Reg. 338/09, ss. 40 (3), 85 (2).

(4)  If a broker receives prescribed material from an intermediate generator, this section applies as if the generator were the only one to have generated the materials. O. Reg. 267/03, s. 36 (4); O. Reg. 338/09, s. 40 (5).

Note: On January 1, 2011, subsection (4) is amended by striking out “prescribed materials” and substituting “agricultural source materials”. See: O. Reg. 338/09, ss. 40 (4), 85 (2).

Arrangements with receivers

37.  (1)  A broker who transfers prescribed materials to an agricultural or a non-agricultural operation for which this Regulation requires a nutrient management 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. O. Reg. 267/03, s. 37 (1); O. Reg. 511/05, s. 22 (1).

Note: On January 1, 2011, subsection (1) 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. O. Reg. 338/09, s. 41 (1).

See: O. Reg. 338/09, ss. 41 (1), 85 (2).

(2)  The broker shall create a record of the following information:

1. The type and quantity of prescribed materials transferred and the date of transfer.

Note: On January 1, 2011, paragraph 1 is amended by striking out “prescribed materials” and substituting “agricultural source materials”. See: O. Reg. 338/09, ss. 41 (2), 85 (2).

2. A description of the operation to which the materials are transferred.

3. The operation identifier for the operation or for the farm unit where the operation is carried out, if applicable.

4. The approval number assigned by the Director to the nutrient management strategy or plan for the farm unit or operation, if applicable, or the registration number assigned by the Director to the operation, if applicable. O. Reg. 267/03, s. 37 (2); O. Reg. 511/05, s. 22 (2, 3).

Note: On January 1, 2011, paragraph 4 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.

See: O. Reg. 338/09, ss. 41 (3), 85 (2).

(3)  The broker shall retain the records required by subsection (2) for four years after the date of transferring the prescribed materials. O. Reg. 267/03, s. 37 (3).

Note: On January 1, 2011, subsection (3) is amended by striking out “prescribed materials” and substituting “agricultural source materials”. See: O. Reg. 338/09, ss. 41 (4), 85 (2).

Management of prescribed materials

38.  No person shall store, transport or otherwise manage prescribed materials in the course of a broking operation except in accordance with this Regulation. O. Reg. 267/03, s. 38.

Note: On January 1, 2011, section 38 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. O. Reg. 338/09, s. 42.

See: O. Reg. 338/09, ss. 42, 85 (2).

PART VI
LAND APPLICATION STANDARDS

General

Compliance

39.  A person who owns or controls an agricultural operation, in the course of which materials are applied to land, shall ensure that the requirements of this Part are met in relation to the operation. O. Reg. 267/03, s. 39.

Precondition

40.  This Part applies to the application of nutrients to land in the course of an agricultural operation only if this Regulation requires the operation to have a nutrient management plan. O. Reg. 267/03, s. 40.

41.  Revoked: O. Reg. 447/03, s. 18.

Liquid Prescribed Materials

Non-agricultural source materials

42.  (1)  No person shall apply liquid non-agricultural source materials to land, within 150 metres from the top of the bank of surface water,

(a) if the runoff potential for the land 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 (5); or

(c) if the maximum sustained slope of the land is greater than 12 per cent. O. Reg. 267/03, s. 42 (1); O. Reg. 511/05, s. 23 (1, 2).

(2)  Land is divided into the hydrologic soil groups as determined in accordance with the Drainage Guide for Ontario. O. Reg. 447/03, s. 19 (1).

(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

O. Reg. 267/03, s. 42 (3); O. Reg. 447/03, s. 19 (2); O. Reg. 511/05, s. 23 (3).

(4)  For the purposes of subsection (3), the maximum sustained slope of land shall be determined in accordance with the Nutrient Management Protocol. O. Reg. 267/03, s. 42 (4); O. Reg. 511/05, s. 23 (4).

(5)  The maximum rate for the single application of liquid prescribed materials to land within a 24-hour period, in the case of land for which the runoff potential is set out in Column 1 of the following Table, is set out in,

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

(b) Column 3 opposite it, if the materials are injected or incorporated into the land or if the land is pretilled:

TABLE

O. Reg. 267/03, s. 42 (5).

(6)  For the purposes of subsection (5), materials are incorporated into land only if they are incorporated into the land within 24 hours of being applied to it. O. Reg. 267/03, s. 42 (6).

(7)  For the purposes of subsection (5), land is pretilled only if the tillage occurred not more than seven days before the application of the liquid prescribed materials to it. O. Reg. 267/03, s. 42 (7).

Manure

42.1  (1)  No person shall apply liquid manure 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. O. Reg. 511/05, s. 24.

(2)  For the purposes of subsection (1), the maximum sustained slope of land shall be determined in accordance with the Nutrient Management Protocol. O. Reg. 511/05, s. 24.

Wells and Other Land Uses

Set-backs from wells

43.  (1)  No person shall apply nutrients to land closer than 100 metres to a municipal well. O. Reg. 267/03, s. 43 (1).

(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. O. Reg. 267/03, s. 43 (2).

(3)  No person shall apply agricultural source materials to land closer than 30 metres to a well, other than a well described in subsection (1) or (2). O. Reg. 267/03, s. 43 (3).

(4)  No person shall apply non-agricultural source materials to land closer than 90 metres to a well, other than a well described in subsection (1) or (2). O. Reg. 267/03, s. 43 (4).

(5)  No person shall apply commercial fertilizer or compost to land closer than 3 metres to a water well that is not a municipal well. O. Reg. 267/03, s. 43 (5).

(6)  In subsection (5),

“compost” means 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. O. Reg. 267/03, s. 43 (6); O. Reg. 447/03, s. 20; O. Reg. 511/05, s. 25.

Adjacent Surface Water

Requirement for vegetated buffer zone

44.  (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. O. Reg. 267/03, s. 44 (1).

(2)  Subsection (1) does not apply in relation to the application of nutrients to a field that is composed of organic soils. O. Reg. 267/03, s. 44 (2).

(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 buffer zone. O. Reg. 447/03, s. 21.

(3.1)  For the purposes of subsection (3), a person shall be deemed to apply commercial fertilizer 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 in the soil of the vegetated buffer zone for each of the following parameters: available phosphorus and available potassium;

(b) in accordance with the recommendations of the Ministry of Agriculture, Food and Rural Affairs as set out in the publication of that Ministry entitled “Agronomy Guide for Field Crops, Publication 811” and dated 2002; and

(c) in a manner so that the agronomic balance does not exceed zero. O. Reg. 447/03, s. 21; O. Reg. 511/05, s. 26 (1).

(3.2)  The determination of the concentration described in clause (3.1) (a) shall be made using,

(a) the results of an analysis of a sample of the soil performed in accordance with subsection 91 (4); or

(b) the following concentrations:

(i) 101 milligrams per litre of available phosphorus in the soil of the land.

(ii) 251 milligrams per litre of available potassium in the soil of the land. O. Reg. 511/05, s. 26 (2).

(4)  No person shall apply materials containing nitrogen and phosphorous 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. O. Reg. 267/03, s. 44 (4).

(5)  Despite subsection (4), a person may apply commercial fertilizers or agricultural source material 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 is done,

(a) by injection or placement in a band below the soil surface;

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

(c) to land covered with a living crop; or

(d) to land with crop residue covering at least 30 per cent of the soil, as determined in accordance with the Nutrient Management Protocol. O. Reg. 267/03, s. 44 (5).

Application of non-agricultural source materials

45.  Despite section 40, whether or not this Regulation requires an operation to have a nutrient management plan, 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. O. Reg. 267/03, s. 45.

Minimum depth to groundwater

46.  No person shall apply non-agricultural source materials to land unless there is at least 30 centimetres of unsaturated soil at the surface of the land at the time of application. O. Reg. 267/03, s. 46; O. Reg. 511/05, s. 27; O. Reg. 394/07, s. 9.

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

Prohibitions on application of prescribed materials

47.  (1)  No person shall apply prescribed materials that are not sewage biosolids or pulp and paper biosolids to land described in subsection (2),

(a) during the period beginning on December 1 of one year and ending on March 31 of the following year; or

(b) at any other time when the soil of the land is snow-covered or frozen. O. Reg. 447/03, s. 22.

(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; or

(b) land where water collects during a rainstorm or thaw and flows directly into surface water. O. Reg. 447/03, s. 22.

(2.1)  Nothing in subsection (1) shall be construed to require a person to create flood plain mapping. O. Reg. 511/05, s. 28.

(3)  Despite section 40, whether or not this Regulation requires an operation to have a nutrient management plan, no person shall apply sewage biosolids to land,

(a) during the period beginning on December 1 of one year and ending on March 31 of the following year; or

(b) at any other time when the soil of the land is snow-covered or frozen. O. Reg. 447/03, s. 22.

Requirements for application of prescribed materials

48.  (1)  Subject to section 47, no person shall apply prescribed materials to land during the period beginning on December 1 of one year and ending on March 31 of the following year or at any other time when the soil of the land is snow-covered or frozen except in accordance with this section. O. Reg. 447/03, s. 22.

(2)  If the materials being applied are liquid agricultural source materials and the application is done during the period beginning on December 1 of one year and ending on March 31 of the following year when the soil of the land is not snow-covered or frozen,

(a) the application must be done by,

(i) injection,

(ii) spreading and incorporation into the soil within the same day, or

(iii) surface application, if the land is covered by a living crop or crop residue that covers at least 30 per cent of the land surface, as determined in accordance with the Nutrient Management Protocol;

(b) the setback from the top of the bank of surface water must be 20 metres or more; and

(c) the materials must not be applied within 100 metres from the top of the bank of surface water, if the maximum sustained slope of the land is greater than 3 per cent. O. Reg. 447/03, s. 22.

(3)  If the materials being applied are liquid agricultural source materials and the application is done at any time when the soil of the land is snow-covered or frozen,

(a) the application must be done by injection or by spreading and incorporation into the soil within six hours;

(b) the setback from the top of the bank of surface water must be 20 metres or more; and

(c) the materials must not be applied within 100 metres from the top of the bank of surface water, if the maximum sustained slope of the land is greater than 3 per cent. O. Reg. 447/03, s. 22.

(4)  If the materials being applied are solid agricultural source materials and the application is done during the period beginning on December 1 of one year and ending on March 31 of the following year when the soil of the land is not snow-covered or frozen,

(a) the application must be done by,

(i) spreading and incorporation into the soil within the same day, or

(ii) surface application, if the land is covered by a living crop or crop residue that covers at least 30 per cent of the land surface, as determined in accordance with the Nutrient Management Protocol; and

(b) the materials must not be applied within 100 metres from the top of the bank of surface water, if the maximum sustained slope of the land is greater than 6 per cent. O. Reg. 447/03, s. 22.

(5)  If the materials being applied are solid agricultural source materials that are not solid manure and the application is done at any time when the soil of the land is snow-covered or frozen,

(a) the application must be done by spreading and incorporation into the soil within six hours; and

(b) the materials must not be applied within 100 metres from the top of the bank of surface water, if the maximum sustained slope of the land is greater than 6 per cent. O. Reg. 447/03, s. 22.

(6)  If the materials being applied are solid manure and the application is done at any time when the soil of the land is snow-covered or frozen,

(a) the application must be done in accordance with the following criteria:

(i) the application must be done by spreading and incorporation into the soil within six hours, and

(ii) the materials must not be applied within 100 metres from the top of the bank of surface water, if the maximum sustained slope of the land is greater than 6 per cent; or

(b) the application must be done in accordance with the following criteria:

(i) the application must be done by surface application,

(ii) the setback from the top of the bank of surface water must be 100 metres or more,

(iii) the maximum depth of snow in the area of application must not exceed 15 centimetres, and

(iv) the maximum slope of the area of application must be less than 3 per cent. O. Reg. 447/03, s. 22.

(7)  If the materials being applied are non-agricultural source materials that are not sewage biosolids or pulp and paper biosolids and if the application is done during the period beginning on December 1 of one year and ending on March 31 of the following year when the soil of the land is not snow-covered or frozen,

(a) the application must be done by,

(i) injection,

(ii) spreading and incorporation into the soil within the same day, or

(iii) surface application, if the land is covered by a living crop or crop residue that covers at least 30 per cent of the land surface, as determined in accordance with the Nutrient Management Protocol;

(b) the setback from the top of the bank of surface water must be 20 metres or more, if the materials are liquid; and

(c) the materials must not be applied within 100 metres from the top of the bank of surface water, if the maximum sustained slope of the land is greater than 3 per cent. O. Reg. 447/03, s. 22.

(8)  If the materials being applied are non-agricultural source materials that are not sewage biosolids or pulp and paper biosolids and if the application is done at any time when the soil of the land is snow-covered or frozen,

(a) the application must be done by injection or by spreading and incorporation into the soil within six hours; and

(b) the materials must not be applied within 100 metres from the top of the bank of surface water, if the maximum sustained slope of the land is greater than 3 per cent. O. Reg. 447/03, s. 22.

Methods of Application

High trajectory irrigation guns

49.  (1)  Despite section 40, whether or not this Regulation requires an operation to have a nutrient management plan, 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. O. Reg. 267/03, s. 49 (1).

(2)  Revoked: O. Reg. 511/05, s. 29.

Direct flow application systems

50.  (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. O. Reg. 267/03, s. 50 (1).

(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. O. Reg. 267/03, s. 50 (2).

(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. O. Reg. 267/03, s. 50 (3).

(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. O. Reg. 447/03, s. 23.

(5)  In this section,

“problem event” means the occurrence of 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 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. O. Reg. 267/03, s. 50 (5).

Farm Practices Following Application of Non-Agricultural Source Material

Pre-harvest waiting period

51.  No person shall harvest plant material set out in Column 1 of the following Table from a field to which a non-agricultural source material has been applied unless the waiting period set out in Column 2 opposite the plant material has expired:

TABLE

O. Reg. 267/03, s. 51.

Pre-grazing waiting period

52.  No person shall cause or permit an animal set out in Column 1 of the following Table to graze in a field to which a non-agricultural source material has been applied unless the waiting period set out in Column 2 opposite the animal has expired:

TABLE

O. Reg. 267/03, s. 52.

Note: On January 1, 2011, Part VI 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. O. Reg. 338/09, s. 43.

(2)  In this Part, a reference to surface application does not imply any restriction on later tillage. O. Reg. 338/09, s. 43.

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. O. Reg. 338/09, s. 43.

Application of Part

41.  (1)  Sections 52.3 and 52.6 apply in respect of all agricultural operations. O. Reg. 338/09, s. 43.

(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. O. Reg. 338/09, s. 43.

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. O. Reg. 338/09, s. 43.

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. O. Reg. 338/09, s. 43.

(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. O. Reg. 338/09, s. 43.

(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

O. Reg. 338/09, s. 43.

(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

O. Reg. 338/09, s. 43.

(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. O. Reg. 338/09, s. 43.

(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. O. Reg. 338/09, s. 43.

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. O. Reg. 338/09, s. 43.

(2)  No person shall apply liquid non-agricultural source materials to an area whose maximum sustained slope is 12 per cent or greater. O. Reg. 338/09, s. 43.

(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. O. Reg. 338/09, s. 43.

(4)  Subsections (2) and (3) apply in respect of all hydrological soil groups. O. Reg. 338/09, s. 43.

Manure

45.  No person shall apply liquid manure to an area whose maximum sustained slope is 25 per cent or greater. O. Reg. 338/09, s. 43.

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. O. Reg. 338/09, s. 43.

(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. O. Reg. 338/09, s. 43.

(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. O. Reg. 338/09, s. 43.

(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). O. Reg. 338/09, s. 43.

(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. O. Reg. 338/09, s. 43.

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. O. Reg. 338/09, s. 43.

TABLE
SETBACKS AND OTHER REQUIREMENTS FOR APPLICATION OF NASM THAT IS OC1, OC2 OR OC3, RELATING TO NON-AGRICULTURAL USES

O. Reg. 338/09, s. 43.

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. O. Reg. 338/09, s. 43.

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. O. Reg. 338/09, s. 43.

(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

O. Reg. 338/09, s. 43.

(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

O. Reg. 338/09, s. 43.

(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. O. Reg. 338/09, s. 43.

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

O. Reg. 338/09, s. 43.

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. O. Reg. 338/09, s. 43.

(2)  Subsection (1) prevails in the event of conflict with section 52 or 52.1. O. Reg. 338/09, s. 43.

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. O. Reg. 338/09, s. 43.

(2)  Subsection (1) does not apply in relation to the application of nutrients to a field that is composed of organic soils. O. Reg. 338/09, s. 43.

(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. O. Reg. 338/09, s. 43.

(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. O. Reg. 338/09, s. 43.

(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. O. Reg. 338/09, s. 43.

(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. O. Reg. 338/09, s. 43.

(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. O. Reg. 338/09, s. 43.

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. O. Reg. 338/09, s. 43.

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”) O. Reg. 338/09, s. 43.

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. O. Reg. 338/09, s. 43.

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. O. Reg. 338/09, s. 43.

(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. O. Reg. 338/09, s. 43.

(3)  For greater certainty, this section does not require a person to create flood plain mapping. O. Reg. 338/09, s. 43.

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. O. Reg. 338/09, s. 43.

(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. O. Reg. 338/09, s. 43.

(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. O. Reg. 338/09, s. 43.

(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. O. Reg. 338/09, s. 43.

(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. O. Reg. 338/09, s. 43.

(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. O. Reg. 338/09, s. 43.

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. O. Reg. 338/09, s. 43.

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. O. Reg. 338/09, s. 43.

(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. O. Reg. 338/09, s. 43.

(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. O. Reg. 338/09, s. 43.

(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. O. Reg. 338/09, s. 43.

(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. O. Reg. 338/09, s. 43.

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. O. Reg. 338/09, s. 43.

(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. O. Reg. 338/09, s. 43.

TABLE
PRE-HARVEST WAITING PERIOD

O. Reg. 338/09, s. 43.

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. O. Reg. 338/09, s. 43.

(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. O. Reg. 338/09, s. 43.

TABLE
PRE-GRAZING WAITING PERIOD

O. Reg. 338/09, s. 43.

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. O. Reg. 338/09, s. 43.

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. O. Reg. 338/09, s. 43.

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. O. Reg. 338/09, s. 43.

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. O. Reg. 338/09, s. 43.

See: O. Reg. 338/09, ss. 43, 85 (2).

PART VII
OUTDOOR CONFINEMENT AREAS

Application

53.  This Part applies to low-density and high-density permanent outdoor confinement areas used in the course of an agricultural operation that is carried out on a farm unit on or after the day on which this Regulation requires a person who owns or controls the operation to ensure that a nutrient management strategy is in force for the farm unit. O. Reg. 267/03, s. 53.

54.  Revoked: O. Reg. 511/05, s. 30.

Increase in capacity

55.  A person who owns or controls a low-density or high-density permanent outdoor confinement area shall not construct a new structure or pave all or part of the load-bearing surface of the confinement area, so as to increase the capacity of the confinement area, unless the confinement area is not located,

(a) within 15 metres of 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;

(b) within 100 metres of a municipal well;

(c) within 30 metres of any other well; or

(d) within 15 metres of a field drainage tile. O. Reg. 267/03, s. 55.

56.  Revoked: O. Reg. 511/05, s. 30.

Access of livestock to surface water

57.  No person shall permit animals to have access to surface water if the animals are kept in a high-density permanent outdoor confinement area or a permanent outdoor confinement area used in the course of an agricultural operation that is carried out on a farm unit, on which the number of farm animals is sufficient to generate 300 or more nutrient units annually. O. Reg. 267/03, s. 57.

Nutrient management strategy required

58.  No person shall keep animals in a permanent outdoor confinement area unless,

(a) a nutrient management strategy applies to the confinement area;

(b) the manure produced by the animals that are kept in the confinement area is managed in accordance with the strategy; and

(c) the runoff generated by the confinement area is managed in accordance with section 81. O. Reg. 511/05, s. 31.

59.  Revoked: O. Reg. 511/05, s. 32.

Management of manure

60.  (1)  Manure may be mounded in a permanent outdoor confinement area in order to facilitate the management of animals in the confinement area. O. Reg. 267/03, s. 60 (1); O. Reg. 447/03, s. 26 (1).

(2)  A person who owns or controls a permanent outdoor confinement area shall ensure that manure is removed from the confinement area at least once a year or more frequently if the accumulated manure may produce an adverse effect. O. Reg. 267/03, s. 60 (2); O. Reg. 338/09, s. 44.

(3)  Despite subsection (2), no person is required to remove manure from a permanent outdoor confinement area if it is intentionally mounded in the confinement area as an animal management and bedding tool, as authorized by an approved nutrient management strategy. O. Reg. 267/03, s. 60 (3); O. Reg. 447/03, s. 26 (2).

(4)  A person who owns or controls a permanent outdoor confinement area shall ensure that manure that is removed from the confinement area is managed in accordance with a nutrient management strategy or plan. O. Reg. 267/03, s. 60 (4).

Management of snow that contains manure

61.  (1)  No person shall store or use snow that contains manure that has been removed from a permanent outdoor confinement area except in accordance with this section. O. Reg. 267/03, s. 61 (1).

(2)  No person shall apply, to a field, snow containing manure that has been removed from a permanent outdoor confinement area unless,

(a) the snow meets the parameters set out in the Nutrient Management Protocol for material that may be removed from outdoor confinement areas;

(b) the field is designated in a nutrient management plan that provides for the application of the snow to the field;

(c) the field has a maximum sustained slope of less than 3 per cent;

(d) the snow is applied no closer than 40 metres from the top of the nearest bank of any surface water in the field and with four times the minimum setback distances for the application of agricultural source materials to land that are specified in section 43;

(e) there is a six-metre vegetated buffer zone along all surface water in the field and down slope edges of the field; and

(f) the application rate is one-half of the maximum rate of application for nutrients, measured in units of weight per area of the field, otherwise established for the field. O. Reg. 267/03, s. 61 (2).

(3)  Snow that contains manure that has been removed from a permanent outdoor confinement area may be placed in,

(a) a permanent nutrient storage facility that is constructed and operated in accordance with Part VIII; or

(b) a temporary field nutrient storage site that is located and managed in accordance with Part VIII only if a nutrient management strategy or plan authorizes the placement and provides a method for dealing with melt water runoff from the storage site. O. Reg. 267/03, s. 61 (3); O. Reg. 511/05, s. 33.

Note: On January 1, 2011, 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”) O. Reg. 338/09, s. 45.

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. O. Reg. 338/09, s. 45.

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. O. Reg. 338/09, s. 45.

(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. O. Reg. 338/09, s. 45.

(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. O. Reg. 338/09, s. 45.

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. O. Reg. 338/09, s. 45.

(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. O. Reg. 338/09, s. 45.

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). O. Reg. 338/09, s. 45.

(2)  Milking centre washwater may be stored on a farm unit if it is stored in a permanent liquid nutrient storage facility. O. Reg. 338/09, s. 45.

(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. O. Reg. 338/09, s. 45.

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. O. Reg. 338/09, s. 45.

(2)  The storage capacity required by subsection (1) is in addition to the storage capacity required by any other provisions of this Regulation. O. Reg. 338/09, s. 45.

(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. O. Reg. 338/09, s. 45.

(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. O. Reg. 338/09, s. 45.

(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. O. Reg. 338/09, s. 45.

(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. O. Reg. 338/09, s. 45.

(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. O. Reg. 338/09, s. 45.

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. O. Reg. 338/09, s. 45.

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. O. Reg. 338/09, s. 45.

(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. O. Reg. 338/09, s. 45.

(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. O. Reg. 338/09, s. 45.

(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. O. Reg. 338/09, s. 45.

TABLE 1
WASHWATER PRODUCTION — SMALLER MILKING COW HERDS; BUCKET, PIPELINE AND PARLOUR MILKING SYSTEMS

O. Reg. 338/09, s. 45.

TABLE 2
WASHWATER PRODUCTION — LARGER MILKING COW HERDS; BUCKET, PIPELINE AND PARLOUR MILKING SYSTEMS

O. Reg. 338/09, s. 45.

TABLE 3
WASHWATER PRODUCTION — MILKING GOATS AND SHEEP

O. Reg. 338/09, s. 45.

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). O. Reg. 338/09, s. 45.

(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. O. Reg. 338/09, s. 45.

(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. O. Reg. 338/09, s. 45.

(4)  Subsection (3) does not apply to the washwater generated from the first rinse through a parlour milking system or pipeline milking system. O. Reg. 338/09, s. 45.

(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. O. Reg. 338/09, s. 45.

(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. O. Reg. 338/09, s. 45.

(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. O. Reg. 338/09, s. 45.

(8)  Milking centre washwater may be treated in a regulated mixed anaerobic digestion facility. O. Reg. 338/09, s. 45.

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. O. Reg. 338/09, s. 45.

(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. O. Reg. 338/09, s. 45.

(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. O. Reg. 338/09, s. 45.

See: O. Reg. 338/09, ss. 45, 85 (2).

PART VIII
SITING AND CONSTRUCTION STANDARDS

Note: On January 1, 2011, the heading to Part VIII is revoked and the following substituted:

PART VIII
SITING, CONSTRUCTION AND STORAGE

See: O. Reg. 338/09, ss. 46, 85 (2).

Application of Part

Application of Part

62.  (1)  Subject to subsection (2), this Part applies to an operation only if this Regulation requires the operation to have a nutrient management strategy or nutrient management plan. O. Reg. 267/03, s. 62; O. Reg. 511/05, s. 34 (1).

(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. O. Reg. 394/07, s. 10.

(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. O. Reg. 394/07, s. 10.

(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. O. Reg. 511/05, s. 34 (2).

Note: On January 1, 2011, section 62 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. O. Reg. 338/09, s. 47.

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. O. Reg. 338/09, s. 47.

(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. O. Reg. 338/09, s. 47.

(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. O. Reg. 338/09, s. 47.

(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. O. Reg. 338/09, s. 47.

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. O. Reg. 338/09, s. 47.

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. O. Reg. 338/09, s. 47.

See: O. Reg. 338/09, ss. 47, 85 (2).

Permanent Nutrient Storage Facilities — Siting

Siting

63.  (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 if the facility is located,

(a) within 15 metres of 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;

(b) within 100 metres of a municipal well;

(c) within 30 metres of any other well, if the facility is designed to store only agricultural source materials; or

(d) within 90 metres of any other well, if the facility is designed to store non-agricultural source materials. O. Reg. 267/03, s. 63 (1); O. Reg. 447/03, s. 27 (1).

(2)  Subject to subsections (5) and (6), 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 without,

(a) determining the location of all field drainage tiles or piped municipal drains within 15 metres of the perimeter of the facility;

(b) removing all drainage tiles within 15 metres of the perimeter of the facility; and

(c) redirecting the flow of the field drainage system or piped municipal drain away from the facility. O. Reg. 267/03, s. 63 (2); O. Reg. 447/03, s. 27 (2).

(3)  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 does not have a flow path that is at least 50 metres long to the top of the bank of the nearest surface water or tile inlet. O. Reg. 267/03, s. 63 (3); O. Reg. 447/03, s. 27 (3).

(4)  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 within the one in 100 year flood lines established by the municipality or the conservation authority having jurisdiction over the location of the facility if the municipality or the conservation authority has established such flood lines unless a permit for the facility is issued under section 28 of the Conservation Authorities Act. O. Reg. 267/03, s. 63 (4); O. Reg. 511/05, s. 35.

(5)  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 a drainage system used in a farm unit in the course of the operation, within 15 metres of a permanent nutrient storage facility, that is intended to collect or divert water away from the facility shall ensure that the system is constructed with non-perforated pipe and that all subsurface joints in the piping are properly sealed unless,

(a) water collected by the drainage system discharges into a treatment system; or

(b) the foundation drains of the permanent nutrient storage facility are equipped with an observation and shut-off station. O. Reg. 267/03, s. 63 (5).

Note: On January 1, 2011, subsection (5) is 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. O. Reg. 338/09, s. 48.

See: O. Reg. 338/09, ss. 48, 85 (2).

(6)  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. O. Reg. 267/03, s. 63 (6).

Note: On January 1, 2011, subsection (6) is revoked and the following substituted:

(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. O. Reg. 338/09, s. 48.

(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. O. Reg. 338/09, s. 48.

(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. O. Reg. 338/09, s. 48.

See: O. Reg. 338/09, ss. 48, 85 (2).

Site Characterizations

Who can carry out investigations

64.  No person shall carry out a hydrogeologic or geotechnical investigation for the purposes of this Part unless the person is a professional engineer or a professional geoscientist or is working under the supervision of a professional engineer or a professional geoscientist. O. Reg. 267/03, s. 64.

Permanent liquid nutrient storage facility

65.  (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 liquid nutrient storage facility used on a farm unit in the course of the operation unless the person retains the services of a professional engineer or professional geoscientist to carry out a site characterization study that consists of a stage one hydrogeologic or geotechnical investigation of the site of the proposed facility that identifies the soil types and the presence of any aquifer or bedrock, all to a depth of at least,

(a) 1.5 metres below the lowest elevation of the excavation required for a structure made of concrete, steel or other materials that a professional engineer determines will provide equivalent protection; or

(b) 2.5 metres below the lowest elevation of the excavation required for a structure made of earth. O. Reg. 267/03, s. 65 (1); O. Reg. 511/05, s. 36 (1).

(2)  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 liquid nutrient storage facility used on a farm unit in the course of the operation for prescribed materials unless the site of the facility meets or exceeds the following requirements:

1. Unlined concrete or steel storage facilities with reinforced concrete floors must have, between the bottom of the storage facility and bedrock or the uppermost identified aquifer, a minimum of 0.5 metres of hydraulically secure soil or 1.0 metres of soil comprised of a clay content of at least 10 per cent.

2. Lined concrete or steel storage facilities with reinforced concrete floors must have a minimum of 0.5 metres of native undisturbed material or compacted granular material between the bottom of the storage facility and bedrock or the uppermost identified aquifer.

3. Unlined concrete or steel storage facilities with unreinforced concrete floors must have, between the bottom of the storage facility and bedrock or the uppermost identified aquifer, a minimum of 1.0 metres of hydraulically secure soil or a minimum of 1.0 metres of soil comprised of a clay content of at least 15 per cent.

4. Lined concrete or steel storage facilities with unreinforced concrete floors must have a minimum of 1.0 metres of native undisturbed material or compacted granular material between the bottom of the storage facility and bedrock or the uppermost identified aquifer.

5. Unlined storage facilities made of earth used to store agricultural source materials, other than manure and materials produced by intermediate generators, must meet the requirements of subsection (3).

6. Lined storage facilities made of earth must have a minimum of 2.0 metres of hydraulically secure soil between the bottom and sides of the lined storage facility and bedrock or the uppermost identified aquifer.

7. Nutrient storage facilities that are designed to incorporate a combined system, such as a facility that has walls made of earth and a concrete floor, must satisfy the most restrictive criteria for the types of material used in the construction of the facility. O. Reg. 267/03, s. 65 (2); O. Reg. 447/03, s. 28 (1-3); O. Reg. 511/05, s. 36 (2-4); O. Reg. 338/09, s. 49 (1-5).

Note: On January 1, 2011, section 65 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. O. Reg. 338/09, s. 49 (6).

See: O. Reg. 338/09, ss. 49 (6), 85 (2).

(3)  A permanent liquid nutrient storage facility that is an unlined facility made of earth can be used to store liquid agricultural source materials, other than manure and materials produced by intermediate generators, if,

(a) the facility has a maximum storage depth of 3.0 metres and a maximum storage volume of 2,500 cubic metres;

(b) the facility has at least 2.0 metres of hydraulically secure soil between the bottom and sides of the facility and bedrock or the uppermost identified aquifer;

(c) the soil materials that form the interior surface of the facility are disked to a depth of at least 150 millimetres and recompacted to meet a hydraulic conductivity of no more than 1 × 10^-8 metres per second;

(d) any soil anomalies that are discovered during construction, such as coarse material lenses, large rocks or soil fractures are excavated and filled with a clay based material to a depth of one metre to the satisfaction of the professional engineer;

(e) topsoil is stripped to the subsoil layer from the area where any berm is to be constructed and stockpiled for use in the outside slopes of the facility; and

(f) any above ground berms are constructed of a material that is suitable for compaction to meet a maximum saturated hydraulic conductivity of 1 × 10^-9 metres per second and be compacted to at least 95 per cent modified Proctor density according to accepted engineering test criteria. O. Reg. 267/03, s. 65 (3); O. Reg. 447/03, s. 28 (4-6); O. Reg. 511/05, s. 36 (5); O. Reg. 338/09, s. 49 (7).

Note: On January 1, 2011, section 65 is amended by adding the following subsection:

(4)  No person shall store liquid NASM in an unlined facility made of earth. O. Reg. 338/09, s. 49 (8).

See: O. Reg. 338/09, ss. 49 (8), 85 (2).

Permanent solid nutrient storage facility

66.  (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 solid nutrient storage facility described in subsection (2) unless the person retains the services of a professional engineer or professional geoscientist to carry out a stage one hydrogeologic or geotechnical investigation of the site of the proposed facility that establishes,

(a) the fact that there is at least 0.9 metres of soil comprised of a clay content of at least 15 per cent between the bottom of the proposed facility and bedrock or the uppermost identified aquifer; or

(b) the fact that there is at least 0.5 metres of hydraulically secure soil between the bottom of the proposed facility and bedrock or the uppermost identified aquifer. O. Reg. 447/03, s. 29; O. Reg. 338/09, s. 50 (1, 2).

(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. O. Reg. 338/09, s. 50 (3).

(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. O. Reg. 338/09, s. 50 (3).

Note: On January 1, 2011, section 66 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. O. Reg. 338/09, s. 50 (4).

See: O. Reg. 338/09, ss. 50 (4), 85 (2).

Investigations

67.  (1)  The professional engineer or professional geoscientist responsible for the stage one investigation mentioned in subsection 65 (1) or section 66 shall analyze the data collected for the study to determine the suitability of the site of the proposed facility mentioned in the applicable subsection. O. Reg. 267/03, s. 67 (1).

(2)  The stage one investigation shall involve using a minimum of one test hole per 1,000 square metres of the ground floor area of the proposed facility to determine the characteristics of the soil. O. Reg. 267/03, s. 67 (2).

(3)  All test holes must be located in the zone that is at least three metres and not greater than 10 metres from the perimeter of the footprint of the proposed facility. O. Reg. 267/03, s. 67 (3).

(4)  If the results of the stage one investigation confirm that the site conditions described in subsection 65 (2) or section 66, as the case may be, for the proposed facility exist beneath and adjacent to the site of the proposed facility, the proponent may proceed to construct the proposed facility. O. Reg. 267/03, s. 67 (4).

(5)  If the results of the stage one investigation do not confirm that the site of the proposed facility is suitable for the construction and operation of a permanent liquid nutrient storage facility or a permanent solid nutrient storage facility without a concrete floor, as the case may be, the proponent of the project may,

(a) evaluate another site;

(b) in the case of a permanent liquid nutrient storage facility, construct a facility that is suitable for the site in accordance with subsection 65 (2);

(c) in the case of a permanent solid nutrient storage facility, construct a facility with a concrete floor; or

(d) carry out a stage two investigation of the site of the proposed facility in accordance with this Part. O. Reg. 267/03, s. 67 (5); O. Reg. 511/05, s. 37.

(6)  If the proponent elects to carry out a stage two investigation of the site of the proposed facility, the proponent’s professional engineer or professional geoscientist shall develop the terms of reference for the stage two investigation to determine what measures could be used to provide adequate protection for the groundwater and shall submit the terms of reference to a Director. O. Reg. 267/03, s. 67 (6).

(7)  The proponent shall not proceed to construct the proposed facility unless,

(a) the Director who receives the terms of reference for the stage two investigation issues a certificate to the proponent confirming that the terms of reference comply with the requirements of the regulations for the construction of the proposed facility;

(b) the results of the stage two investigation confirm that the site of the proposed facility is suitable for the facility; and

(c) the proponent constructs the facility in accordance with the recommendations, if any, contained in the stage two investigation. O. Reg. 267/03, s. 67 (7).

(8)  If the results of the stage two investigation do not confirm that the site of the proposed facility is suitable for the facility, the proponent may,

(a) evaluate another site;

(b) in the case of a permanent liquid nutrient storage facility, construct a facility that is suitable for the site in accordance with subsection 65 (2);

(c) in the case of a permanent solid nutrient storage facility, construct a facility with a concrete floor; or

(d) have a qualified professional develop an appropriate design, specific to the site, that will provide a level of protection for the groundwater that is the equivalent of construction in accordance with subsection 65 (2). O. Reg. 267/03, s. 67 (8).

Sealing test holes

68.  The qualified professional supervising the construction or expansion of a permanent nutrient storage facility shall ensure that the test holes that are excavated in the course of the site characterization and that are not required for any further purpose after the site characterization are plugged and sealed to provide a level of hydraulic conductivity that is the same or less than the hydraulic conductivity of the surrounding undisturbed soil. O. Reg. 267/03, s. 68.

Storage Capacity for Operations

Nutrient storage capacity

69.  (1)  Subject to subsections (2) to (6), no person shall control a livestock operation, for which this Regulation requires a nutrient management strategy or nutrient management plan and in the course of which manure is generated on a farm unit unless it includes, as part of the farm unit, a permanent nutrient storage facility, a temporary field nutrient storage site or a combination of such facilities and sites that is capable of containing at least all of the nutrients generated or received in the course of the operation during a period of 240 days. O. Reg. 267/03, s. 69 (1).

(2)  If a person who owns or controls a livestock operation has a nutrient management strategy for the operation that provides for the use or transfer of some or all of the nutrients generated in the course of the operation by a means that eliminates the need for storing the nutrients on the farm unit for 240 days, the storage capacity of the operation must be at least equal to the storage capacity that the strategy requires. O. Reg. 267/03, s. 69 (2).

(3)  If a person owns or controls a livestock operation described in subsection (4), the storage capacity of the operation must be equal to the storage capacity that the nutrient management plan for the operation requires for the operation, if the plan provides for the application to land, on a schedule of times that eliminates the need for storing nutrients on the farm unit for 240 days, of,

(a) all of the nutrients received in the course of the operation; and

(b) the nutrients generated in the course of the operation, if the nutrient management strategy for the operation does not provide for their use or disposal. O. Reg. 267/03, s. 69 (3).

(4)  Subsection (3) applies to a livestock operation,

(a) that generates and uses only solid manure; or

(b) that generates liquid manure and that has not increased the number of farm animals on the farm unit on which the operation is carried out since September 30, 2003. O. Reg. 267/03, s. 69 (4).

(5)  If a person who owns or controls the operation described in subsection (1) sends some of the nutrients generated in the course of the operation to a broker, the person and the broker shall, between them, have an aggregate storage capacity of 240 days for that person. O. Reg. 267/03, s. 69 (5).

(6)  If the period of use of a permanent livestock confinement area located on the farm unit is less than 240 days, the storage capacity of the permanent nutrient storage facility associated with the area must be adequate for the period of confinement. O. Reg. 267/03, s. 69 (6).

Construction or expansion of buildings

69.1  (1)  No person shall construct or expand any building or structure that is used to house farm animals on an agricultural operation carried out on a farm unit, for which this Regulation requires a nutrient management strategy or nutrient management plan, unless it includes, as part of the farm unit a permanent nutrient storage facility, a temporary field nutrient storage site or a combination of such facilities and sites that is capable of containing at least all of the nutrients generated over a period of 240 days by the number of farm animals that the building or structure has the capacity to house. O. Reg. 447/03, s. 30.

(2)  If a person constructs or expands a building or structure that is used to house farm animals on an agricultural operation carried out on a farm unit that has a nutrient management strategy and if the strategy provides for the use or transfer of some or all of the nutrients generated by the number of farm animals that the building or structure has the capacity to house by a means that eliminates the need for storing the nutrients on the farm unit for 240 days, the storage capacity of the facility, site or combination that subsection (1) requires for the building or structure must be at least equal to the storage capacity that the strategy requires. O. Reg. 447/03, s. 30.

(3)  If a person constructs or expands a building or structure that is used to house farm animals on an agricultural operation described in subsection (4), the storage capacity of the facility, site or combination that subsection (1) requires for the building or structure must be at least equal to the storage capacity that the nutrient management plan for the operation requires for the building or structure if,

(a) the plan provides for the application to land, on a schedule of times that eliminates the need for storing nutrients on the farm unit for 240 days, of all of the nutrients generated by the number of animals that the building or structure has the capacity to house; and

(b) the nutrient management strategy for the operation does not provide for their use or disposal. O. Reg. 447/03, s. 30.

(4)  Subsection (3) applies to a livestock operation that,

(a) generates and uses only solid manure; or

(b) generates liquid manure and has not increased the number of farm animals on the farm unit on which the operation is carried out since September 30, 2003. O. Reg. 447/03, s. 30.

(5)  If a person constructs or expands a building or structure that is used to house farm animals on an agricultural operation and sends some of the nutrients generated in the course of the operation to a broker, the person and the broker shall, between them, have an aggregate storage capacity of 240 days for all of the nutrients generated by the number of animals that the building or structure has the capacity to house. O. Reg. 447/03, s. 30.

(6)  If the period of use of a building or structure that is used to house farm animals is less than 240 days, the storage capacity of the facility, site or combination that subsection (1) requires for the building or structure must be adequate for the number of animals that the building or structure has the capacity to house for the period of confinement. O. Reg. 447/03, s. 30.

70.  Revoked: O. Reg. 338/09, s. 51.

Design and Construction

Design and construction

71.  (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. O. Reg. 338/09, s. 52 (1).

(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. O. Reg. 338/09, s. 52 (1).

(2)  Temporary field nutrient storage sites are not subject to subsection (1) if they are located and managed in accordance with the requirements of this Part. O. Reg. 511/05, s. 38 (3).

Note: On January 1, 2011, subsection (2) 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. O. Reg. 338/09, s. 52 (2).

See: O. Reg. 338/09, ss. 52 (2), 85 (2).

(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. O. Reg. 394/07, s. 11 (2).

Concrete quality

72.  (1)  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 a permanent nutrient storage facility used on a farm unit in the course of the operation and comprised wholly or partially of concrete shall ensure that the concrete used in the facility is appropriate for the environmental conditions encountered on site to maintain the durability and corrosion resistance of the concrete and to protect the reinforcing materials, if any, in the concrete. O. Reg. 267/03, s. 72 (1); O. Reg. 447/03, s. 31.

Note: On January 1, 2011, subsection (1) is amended by striking out “constructs” and substituting “constructs or expands”. See: O. Reg. 338/09, ss. 53 (1), 85 (2).

(2)  The permanent nutrient storage facility must be constructed with a minimum thickness of 125 millimetres of concrete on the floor of the structure unless a professional engineer specifies otherwise. O. Reg. 267/03, s. 72 (2).

Note: On January 1, 2011, section 72 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. O. Reg. 338/09, s. 53 (2).

See: O. Reg. 338/09, ss. 53 (2), 85 (2).

Liners

Installation of liners

73.  (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 install a liner in a permanent nutrient storage facility used on a farm unit in the course of the operation unless the installation complies with this Part. O. Reg. 511/05, s. 39.

(2)  The liner must be continuous under the floor and footings of the facility and must extend up the wall to a level equal with the top of the ground surface, unless the qualified professional supervising the construction of the facility specifies otherwise. O. Reg. 267/03, s. 73 (2).

Note: On January 1, 2011, section 73 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. O. Reg. 338/09, s. 54.

See: O. Reg. 338/09, ss. 54, 85 (2).

Synthetic liners

74.  (1)  If, on or after the day on which this Regulation requires an operation to have a nutrient management strategy or nutrient management plan, a synthetic liner is installed in a permanent nutrient storage facility used on a farm unit in the course of the operation, the liner must be anchored or bonded to the facility, subgrade, or berms made of earth according to good engineering practices or to the manufacturer’s specification. O. Reg. 267/03, s. 74 (1); O. Reg. 511/05, s. 40.

(2)  If an accessory structure creates a discontinuity in the synthetic liner, the liner must be bonded to the structure in accordance with the manufacturer’s recommendation or using a method satisfactory to the professional engineer. O. Reg. 267/03, s. 74 (2).

(3)  The qualified professional or other person responsible for supervising the construction of the facility shall,

(a) inspect the synthetic liner before the filling of the construction or the covering of the liner to ensure that there are no damage or perforations within the liner; and

(b) ensure that any damage or perforations discovered during the inspection are repaired according to the engineer’s instructions. O. Reg. 267/03, s. 74 (3).

(4)  The qualified professional shall inspect any repairs made to the liner to ensure that the integrity of the liner is maintained. O. Reg. 267/03, s. 74 (4).

Note: On January 1, 2011, section 74 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. O. Reg. 338/09, s. 55.

See: O. Reg. 338/09, ss. 55, 85 (2).

Compacted soil liners

75.  (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 install a compacted soil liner in a permanent nutrient storage facility used on a farm unit in the course of the operation if the liner contains materials that have not been excavated from the site of the facility unless a professional engineer has tested the materials to determine their hydraulic conductivity prior to the use of the materials in the compacted soil liner. O. Reg. 267/03, s. 75 (1); O. Reg. 447/03, s. 32.

(2)  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 install a compacted soil liner in a permanent nutrient storage facility used on a farm unit in the course of the operation unless,

(a) the minimum thickness of the completed liner is at least 0.9 metres on the sloping inside walls and 0.6 metres on the bottom of the facility;

(b) the liner on the inside wall of the facility is constructed using at least six layers of a thickness of no more than 150 millimetres;

(c) the liner on the bottom of the facility is constructed using at least four layers of a thickness of no more than 150 millimetres;

(d) the interface surface of layers is disked or scarified before placement of subsequent layers of material; and

(e) each of the layers has been compacted to at least 95 per cent of modified Proctor maximum dry density as determined for the soil at a specified optimum water content. O. Reg. 267/03, s. 75 (2).

Note: On January 1, 2011, section 75 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. O. Reg. 338/09, s. 56.

See: O. Reg. 338/09, ss. 56, 85 (2).

Permanent Liquid Nutrient Storage Facilities

Secondary containment

76.  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 liquid nutrient storage facility used on a farm unit in the course of the operation, where the maximum liquid level is either partially or wholly located above the surface of the soil, unless,

(a) the load factor, α_L, as defined in clause 4.1.3.1. (1) (c) of Part 4 of the Ontario Regulation 403/97 (Building Code), as it read on December 30, 2006 made under the Building Code Act, 1992 for liquid loads is 1.5 or another value that a professional engineer is satisfied should be used;

(b) a professional engineer specifies that the storage and landscape features around the facility are adequate to ensure that a secondary containment system is not required; or

(c) the above grade portion of the facility has a secondary containment system with a capacity equivalent to 110 per cent of the above ground portion of the facility. O. Reg. 267/03, s. 76; O. Reg. 447/03, s. 33; O. Reg. 338/09, s. 57 (1).

Note: On January 1, 2011, section 76 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. O. Reg. 338/09, s. 57 (2).

See: O. Reg. 338/09, ss. 57 (2), 85 (2).

Importance factor for construction

77.  On or after the day on which this Regulation requires an operation to have a nutrient management strategy or nutrient management plan, a person who constructs a permanent liquid nutrient storage facility used on a farm unit in the course of the operation shall use an importance factor of 1.0, where importance factor is defined in Sentence 4.1.3.2. (7) of Part 4 of Ontario Regulation 403/97 (Building Code), as it read on December 30, 2006 made under the Building Code Act, 1992. O. Reg. 267/03, s. 77; O. Reg. 338/09, s. 58 (2).

Note: On January 1, 2011, section 77 is amended by striking out “a person who constructs” and substituting “a person who constructs or expands”. See: O. Reg. 338/09, ss. 58 (1), 85 (2).

Note: On January 1, 2011, section 77 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. O. Reg. 338/09, s. 58 (3).

See: O. Reg. 338/09, ss. 58 (3), 85 (2).

Ventilation

78.  (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 a permanent liquid nutrient storage facility used on a farm unit in the course of the operation if the facility is covered or otherwise allows gases from agricultural source materials to accumulate or intensify unless a ventilation system has been installed to eliminate corrosive, noxious or explosive gases. O. Reg. 267/03, s. 78 (1); O. Reg. 447/03, s. 34.

Note: On January 1, 2011, subsection (1) is amended by striking out “construct” and substituting “construct or expand”. See: O. Reg. 338/09, ss. 59 (1), 85 (2).

(2)  The ventilation system described in subsection (1) may include natural or powered means of dispersing the gases from agricultural source materials. O. Reg. 267/03, s. 78 (2); O. Reg. 447/03, s. 34.

Note: On January 1, 2011, subsection (2) 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. O. Reg. 338/09, s. 59 (2).

(3)  The ventilation system described in subsection (1) may include natural or powered means of dispersing the gases from liquid prescribed materials. O. Reg. 338/09, s. 59 (2).

See: O. Reg. 338/09, ss. 59 (2), 85 (2).

Facilities made of earth

79.  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 a permanent liquid nutrient storage facility made of earth used on a farm unit in the course of the operation unless,

Note: On January 1, 2011, section 79 is amended by striking out “construct” in the portion before clause (a) and substituting “construct or expand”. See: O. Reg. 338/09, ss. 60 (1), 85 (2).

(a) the dimensions of the facility have been calculated in accordance with the Nutrient Management Protocol;

(b) the facility is designed to have a minimum freeboard of 0.3 metres;

(c) the slope of the inside wall of the facility is consistent with the requirements of the liner design and pump out equipment and, unless a professional engineer specifies otherwise, is no steeper than 50 per cent; and

(d) the slope of the outside wall of the facility is consistent with the requirements of the liner design and pump out equipment and, unless a professional engineer specifies otherwise, is no steeper than 33 per cent. O. Reg. 267/03, s. 79; O. Reg. 447/03, s. 35; O. Reg. 511/05, s. 41.

Note: On January 1, 2011, section 79 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. O. Reg. 338/09, s. 60 (2).

See: O. Reg. 338/09, ss. 60 (2), 85 (2).

Permanent Solid Nutrient Storage Facilities

Floors

80.  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 a permanent solid nutrient storage facility used on a farm unit in the course of the operation unless it has,

Note: On January 1, 2011, section 80 is amended by striking out “construct” in the portion before clause (a) and substituting “construct or expand”. See: O. Reg. 338/09, ss. 61 (1), 85 (2).

(a) a concrete floor or another floor that a professional engineer determines will provide equivalent protection to a concrete floor;

(b) a floor made of earth consisting of at least 0.5 metres of hydraulically secure soil; or

(c) a floor made of earth consisting of at least 0.5 metres of soil of type C or D as defined by the Drainage Guide, in the case of a facility located on a farm unit where the number of farm animals is not sufficient to generate 300 or more nutrient units annually. O. Reg. 267/03, s. 80; O. Reg. 511/05, s. 42; O. Reg. 338/09, s. 61 (2).

Note: On January 1, 2011, section 80 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. O. Reg. 338/09, s. 61 (3).

See: O. Reg. 338/09, ss. 61 (3), 85 (2).

Runoff management system

81.  (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 store nutrients in a permanent solid nutrient storage facility used on the farm unit in the course of the operation unless it is equipped with a runoff management system that handles all of the runoff generated by the facility and that complies with this section. O. Reg. 511/05, s. 43.

Note: On January 1, 2011, section 81 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. O. Reg. 338/09, s. 62 (1).

See: O. Reg. 338/09, ss. 62 (1), 85 (2).

(2)  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 keep farm animals in a farm-animal yard lined with concrete or other paving material of equal or lesser permeability, other than a permanent outdoor confinement area, unless it is equipped with a runoff management system that handles all of the runoff generated by the yard and that complies with this section. O. Reg. 511/05, s. 43.

(3)  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 keep farm animals in a permanent outdoor confinement area, unless it is equipped with a runoff management system that handles all of the runoff generated by the area and that complies with this section. O. Reg. 511/05, s. 43.

(4)  A runoff management system for a permanent solid nutrient storage facility, a yard described in subsection (2) or a permanent outdoor confinement area must be capable of preventing, collecting, treating or containing runoff and must consist of at least one of the following:

1. In the case of a facility or a yard where up-slope water has been diverted away from the facility or yard, as the case may be, a roof used to prevent entry of precipitation.

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.

3. Runoff collection and storage systems that have the capacity to contain runoff generated by the facility, yard or area, as the case may be, for the storage period required by section 69.

4. Subject to subsection (6), if up-slope water is diverted away from the facility, yard or area, as the case may be, a permanently vegetated area that meets the requirements set out in subsection (5).

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. O. Reg. 511/05, s. 43; O. Reg. 394/07, s. 12; O. Reg. 338/09, s. 62 (2).

(5)  The permanently vegetated area mentioned in paragraph 4 of subsection (4) must,

(a) be located on a minimum 0.5 metres of soil;

(b) not be located within,

(i) 3 metres of a field tile drain, 100 metres of a municipal well or 15 metres of a drilled well,

(ii) 90 metres of any other well, if the permanently vegetated area is for a permanent solid nutrient storage facility that is used to store non-agricultural source materials, or

(iii) 30 metres of any other well, in all other cases;

(c) if the permanently vegetated area is for a permanent solid nutrient storage facility or a yard described in subsection (2), have a flow path that measures,

(i) at least 150 metres from surface water and tile inlets, if the facility or yard, as the case may be, handles manure with a dry matter content of 30 per cent or greater as determined in accordance with the Nutrient Management Protocol, or

(ii) at least 50 metres from surface water and tile inlets, if the facility or yard, as the case may be, handles manure with a dry matter content of 50 per cent or greater as determined in accordance with the Nutrient Management Protocol; and

(d) if the permanently vegetated area is for a permanent outdoor confinement area, have a flow path that measures,

(i) at least 100 metres from surface water and tile inlets, if the confinement area is less than 500 square metres, or

(ii) at least 150 metres from surface water and tile inlets, if the confinement area is 500 square metres or more. O. Reg. 511/05, s. 43.

(6)  Paragraph 4 of subsection (4) does not apply to,

(a) a permanent solid nutrient storage facility where any flow path associated with the facility has runoff generated by 300 square metres or more of the facility channelled through the flow path;

(b) a permanent outdoor confinement area where the number of farm animals kept in the area is sufficient to generate at least 150 nutrient units annually; or

(c) a permanent outdoor confinement area where any flow path associated with the area has runoff generated by 2,000 square metres or more of the area channelled through the flow path. O. Reg. 511/05, s. 43.

Note: On January 1, 2011, the Regulation is amended by adding the following sections 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. O. Reg. 338/09, s. 63.

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. O. Reg. 338/09, s. 63.

(2)  No person shall store OC3 NASM at an agricultural operation beyond the application deadline set out in subsection (1). O. Reg. 338/09, s. 63.

(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. O. Reg. 338/09, s. 63.

(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. O. Reg. 338/09, s. 63.

(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. O. Reg. 338/09, s. 63.

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. O. Reg. 338/09, s. 63.

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. O. Reg. 338/09, s. 63.

(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. O. Reg. 338/09, s. 63.

(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. O. Reg. 338/09, s. 63.

(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. O. Reg. 338/09, s. 63.

(5)  The requirements in subsections (3) and (4) apply in addition to the requirement in subsection (1) or (2), as the case may be. O. Reg. 338/09, s. 63.

(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. O. Reg. 338/09, s. 63.

See: O. Reg. 338/09, ss. 63, 85 (2).

Temporary Field Nutrient Storage Sites

No storage of liquid nutrients

82.  No person shall store liquid nutrients in a temporary field nutrient storage site. O. Reg. 267/03, s. 82.

Location of sites

83.  (1)  If nutrients are stored in a temporary field nutrient storage site for a period of longer than 24 hours, the location of the site must satisfy the following requirements:

1. The minimum depth of unconsolidated soil to bedrock, under the site and within 3 metres of the side of the site, must be 0.3 metres.

2. The minimum depth of soil above the water table, under the site and within 3 metres of the side of the site, must be 0.9 metres.

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.

4. The site 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 a municipality or conservation authority having jurisdiction over the area.

5. The site must not have a slope greater than 3 per cent.

6. There must be a flow path that,

i. is at least 50 metres to the nearest surface water or tile inlets, and

ii. is located at least 0.3 metres above bedrock. O. Reg. 267/03, s. 83 (1); O. Reg. 447/03, s. 37; O. Reg. 338/09, s. 64 (1).

(1.1)  Nothing in subsection (1) shall be construed to require a person who owns or controls an operation at which nutrients are stored in a temporary field nutrient storage site to create flood plain mapping. O. Reg. 511/05, s. 44 (1).

(2)  If nutrients are stored in a temporary field nutrient storage site for a period of longer than 24 hours, no person shall locate the site,

(a) within 45 metres of 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;

(b) within 90 metres of any other well, other than a municipal well;

(c) within 100 metres of a municipal well;

(d) within 200 metres of a single residence or within 450 metres of a residential area, if the site is used for storing de-watered municipal sewage biosolids; or

Note: On January 1, 2011, clause (d) is 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

See: O. Reg. 338/09, ss. 64 (4), 85 (2).

(e) within 125 metres of a single residence or within 250 metres of a residential area, if the site is used for storing prescribed materials, other than de-watered municipal sewage biosolids. O. Reg. 267/03, s. 83 (2); O. Reg. 511/05, s. 44 (2); O. Reg. 338/09, s. 64 (2, 3).

Note: On January 1, 2011, clause (e) is revoked and the following substituted:

(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.

See: O. Reg. 338/09, ss. 64 (4), 85 (2).

Management

84.  A temporary field nutrient storage site located on a farm unit must be managed in accordance with the following criteria:

1. A farmer who receives nutrients and stores them in the site cannot receive and store a volume of nutrients that is greater than the quantity of nutrients that the farmer plans to use for crop production at the farm unit, based on the nutrient management plan for operations carried out at the farm unit.

2. Non-agricultural source materials stored in the site must be used on the farm unit and cannot be transferred to another farm unit.

3. If more than one type of nutrient is stored in the site, the nutrients must be managed in accordance with the most restrictive requirements applicable to any of the nutrients stored in the site.

4. If the site is located in an area that is tile-drained, there must be a contingency plan in place to deal with contaminated liquid in the tiles.

5. Nutrients must not be stored in the site for longer than the maximum time prescribed for each nutrient.

6. The site may be used again in the following year if a minimum of 75 per cent vegetative cover is re-established on the site following the removal of nutrients from the surface after the site ceases to be in use each year. O. Reg. 267/03, s. 84.

Length of storage

85.  (1)  Subject to subsection (2), no person shall store prescribed materials in a temporary field nutrient storage site for longer than,

(a) a maximum of 10 days, in the case of de-watered municipal sewage biosolids;

(b) the time period determined in accordance with subsection (2), in the case of prescribed materials other than de-watered municipal sewage biosolids.

(c), (d) Revoked: O. Reg. 447/03, s. 38 (1).

O. Reg. 267/03, s. 85 (1); O. Reg. 447/03, s. 38 (1); O. Reg. 338/09, s. 65 (1, 2).

(2)  The maximum number of days for which prescribed materials, other than de-watered municipal sewage biosolids, may be stored in a temporary field nutrient storage site shall be determined in accordance with the following rules:

1. Determine which management techniques or field conditions set out in Column 2 of the Table to this subsection apply to the site and choose one of them.

2. If the number of days in Column 3 of the Table opposite the management technique or field condition set out in Column 2 that is chosen is positive, add the number to the total number of days for which the site is available for storage.

3. If the number of days in Column 3 of the Table opposite the management technique or field condition set out in Column 2 that is chosen is negative, subtract the number from the total number of days for which the site is available for storage.

4. Only one number for each of items 1 to 10 may be added or subtracted under paragraphs 2 and 3.

5. The number that results from applying the rules set out in paragraphs 1 to 4 is the maximum number of days for which prescribed materials, other than de-watered municipal sewage biosolids, may be stored in the site but that number cannot exceed 300 days.

TABLE