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Nutrient Management Act, 2002

ONTARIO REGULATION 267/03

Amended to O. Reg. 154/04

GENERAL

Historical version for the period June 3, 2004 to June 23, 2004.

This is the English version of a bilingual regulation.

CONTENTS

PART I
DEFINITIONS AND INTERPRETATION

Definitions and General

1.

Definitions and general

2.

Surface water

3.

Nutrients

Incorporated Documents

4.

Incorporated documents

Farm Units

5.

What constitutes a farm unit

Application of Regulation

6.

Application of Regulation

Farm Animal Numbers

7.

No restriction on farm animal numbers

Conflict

8.

Conflict with other instruments

PART II
STRATEGIES AND PLANS: GENERAL

Nutrient Management Strategies

9.

Application of strategies

10.

Compliance with strategy

11.

Phasing-in, agricultural operations

11.1

Construction of buildings or structures

12.

Phasing-in, non-agricultural operations

Nutrient Management Plans

13.

Application of plans

14.

Compliance with plan

15.

Phasing-in

15.1

Construction of buildings or structures

PART III
STRATEGIES AND PLANS: PREPARATION

Precondition

16.

Requirement for other agreements

Nutrient Management Strategies

17.

Preparation and contents

18.

Short-form strategy

19.

Management of nutrients for non-nutrient purposes

20.

Transfer of prescribed materials outside operation

21.

Incorporation of plans and other strategies

22.

Cessation of strategies

Nutrient Management Plans

23.

Purposes

24.

Preparation and contents

25.

Short-form plan

26.

Cessation of plans

PART IV
STRATEGIES AND PLANS: APPROVAL AND CERTIFICATION

Approval

27.

Requirement for approval

28.

Procedure for obtaining approval

29.

Update after five years

30.

Update after less than five years

31.

Transition

31.1

Amendment of approval

31.2

Suspension of approval

31.3

Revocation of approval

Certification

32.

Certification by accredited certifier

33.

Duration of certification

PART V
BROKERS

35.

Requirement for strategy or plan at source or destination

36.

Arrangements with generators and other sources

37.

Arrangements with receivers

38.

Management of prescribed materials

PART VI
LAND APPLICATION STANDARDS

General

39.

Compliance

40.

Precondition

Liquid Prescribed Materials

42.

Application rates

Wells and Other Land Uses

43.

Set-backs from wells

Adjacent Surface Water

44.

Requirement for vegetated buffer zone

45.

Application of non-agricultural source materials

46.

Minimum depth to groundwater

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

47.

Prohibitions on application of prescribed materials

48.

Requirements for application of prescribed materials

Methods of Application

49.

High trajectory irrigation guns

50.

Direct flow application systems

Farm Practices Following Application of Non-Agricultural Source Material

51.

Pre-harvest waiting period

52.

Pre-grazing waiting period

PART VII
OUTDOOR CONFINEMENT AREAS

53.

Application

54.

Requirements for load-bearing surface

55.

Increase in capacity

56.

Livestock bedding and feeding

57.

Access of livestock to surface water

58.

Nutrient management strategy required

59.

Management of runoff

60.

Management of manure

61.

Management of snow that contains manure

PART VIII
SITING AND CONSTRUCTION STANDARDS

Application of Part

62.

Application of Part

Permanent Nutrient Storage Facilities — Siting

63.

Siting

Site Characterizations

64.

Who can carry out investigations

65.

Permanent liquid nutrient storage facility

66.

Permanent solid nutrient storage facility

67.

Investigations

68.

Sealing test holes

Storage Capacity for Operations

69.

Nutrient storage capacity

69.1

Construction or expansion of buildings

70.

Storage of non-agricultural source materials

Design and Construction

71.

Design and construction

72.

Concrete quality

Liners

73.

Installation of liners

74.

Synthetic liners

75.

Compacted soil liners

Permanent Liquid Nutrient Storage Facilities

76.

Secondary containment

77.

Importance factor for construction

78.

Ventilation

79.

Earthen facilities

Permanent Solid Nutrient Storage Facilities

80.

Floors

81.

Runoff management system

Temporary Field Nutrient Storage Sites

82.

No storage of liquid nutrients

83.

Location of sites

84.

Management

85.

Length of storage

86.

Records

Liquid Nutrient Transfer Systems

87.

Design and construction

88.

Floor transfer systems

PART IX
SAMPLING, ANALYSIS AND QUALITY STANDARDS AND LAND APPLICATION RATES

General

89.

Definitions

90.

Sampling, analysis and calculation procedures

Agricultural Source Material

91.

Sampling obligations

92.

Maximum application rate

Non-Agricultural Source Material

93.

Soil samples

94.

Material samples

95.

Material sampling frequency

96.

Maximum application rate

97.

Prohibitions on application to land

98.

Prohibition on transfer of non-agricultural source materials

Table 1

Standards for regulated metals in materials applied to land that are sewage biosolids

Table 2

Standards for regulated metals in materials applied to land that are not sewage biosolids

Table 3

Non-agricultural source materials sampling — parameters and frequencies

PART X
CERTIFICATES AND LICENCES

Certificates Relating to Nutrient Management

99.

Prescribed nutrient management practices

100.

Agricultural operation strategy or plan development certificate

101.

Agricultural operation planning certificate

102.

Agricultural operation simplified planning certificate

103.

Non-agricultural operation strategy development certificate

104.

Reviewer certificate

105.

Trainer certificate

106.

Broker certificate

Business Licences

107.

Prescribed materials application business licence

108.

Nutrient application technician licence

General

109.

Cancellation of certificates and licences

PART XI
RECORDS

110.

Duty to keep records

111.

Copy of licences

112.

Form of records

113.

Location and time for storage

114.

Identification numbers for nutrient management strategies and plans

PART XII
LOCAL ADVISORY COMMITTEES

115.

Definitions

116.

Establishment of committees

117.

Operation of committees

118.

Mediation

119.

Education

120.

Consultation

121.

Reports to clerk of municipality

PART I
DEFINITIONS AND INTERPRETATION

Definitions and General

Definitions and general

1. (1) In this Regulation,

“accredited certifier” means a person who holds a reviewer certificate under section 104 or is an employee of the Ministry of Agriculture and Food or the Ministry of the Environment who has been appointed for the purpose of reviewing nutrient management strategies or nutrient management plans under Part IV;

“agricultural source material” means any of the following treated or untreated materials, other than a commercial fertilizer or compost that meets the guidelines entitled Interim Guidelines for the Production and Use of Aerobic Compost in Ontario prepared by the Ministry of the Environment and dated November 1991, 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 waste.

4. Organic materials produced by intermediate operations that process materials described in paragraph 1, 2 or 3;

“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;

“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;

“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;

“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;

“broking operation” means an operation by virtue of which a person is a broker;

“commercial fertilizer” means a fertilizer or supplement, as both of those terms are defined in the Fertilizers Act (Canada), where the sum of the percentage by weight of total nitrogen, available phosphoric acid and soluble potash contained in the fertilizer or supplement is greater than 10 per cent;

“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;

“concrete” means Portland cement concrete;

“Construction and Siting Protocol” means the document of that name prepared by the Ministry of Agriculture and Food and the Ministry of the Environment for the purposes of this Regulation and dated December 10, 2003 that consists of chapters NSTS-01 to NSTS-09;

“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;

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

“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;

“Drainage Guide for Ontario” means the document of that name published by the Ministry of Agriculture and Food and dated 1997 under the identification number RP-02-97-POD;

“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;

“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;

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

“flow path”, in relation to a facility, site, outdoor confinement area or temporary storage area, means a surface channel or depression that conducts liquids away from the facility, site or area;

“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;

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

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

“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;

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

“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 part of a farm unit 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;

“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;

“hydrologic soil group AA” means a soil with rapid infiltration rates, namely hydrologic soil group A, as defined by the Drainage Guide for Ontario, located on soils that have a depth of less than 0.9 metres to bedrock;

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

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

“intermediate generator” means a person who owns or controls an intermediate operation;

“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;

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

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

“liquid nutrient transfer system” means all pipes and surfaces that come into contact with liquid prescribed materials but does not include the components of a permanent liquid nutrient storage facility or a vehicle that is used to transport liquid nutrients;

“livestock” includes poultry and ratites;

“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;

“Local Advisory Committee Protocol” means the document of that name prepared by the Ministry of Agriculture and Food and the Ministry of the Environment for the purposes of this Regulation and dated December 10, 2003;

“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;

“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;

“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;

“NMAN” means,

(a) the computer program of that name prepared by the Ministry of Agriculture and Food for the purposes of preparing nutrient management strategies or plans and dated December 10, 2003, or

(b) unless this Regulation specifies otherwise, the workbook version of the computer program mentioned in clause (a), where the workbook is prepared by the Ministry of Agriculture and Food and dated December 10, 2003 for persons who do not use a computer to prepare nutrient management strategies or plans;

“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;

“non-agricultural source material” means any of the following materials, other than a commercial fertilizer or compost that meets the guidelines entitled Interim Guidelines for the Production and Use of Aerobic Compost in Ontario prepared by the Ministry of the Environment and dated November 1991, if they are intended to be applied to land as nutrients:

1. Pulp and paper biosolids.

2. Sewage biosolids.

3. Any other material that is not from an agricultural source that is capable of being applied to land as a nutrient;

Nutrient Management Protocol” means the document of that name prepared by the Ministry of Agriculture and Food and the Ministry of the Environment for the purposes of this Regulation and dated December 10, 2003;

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;

“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;

“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;

“operation” means an agricultural operation or a non-agricultural operation;

“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;

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

“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 and 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;

“permanent liquid nutrient storage facility” means a permanent nutrient storage facility that is designed and constructed to contain liquid prescribed material;

“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, or

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

“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;

“permanent solid nutrient storage facility” means a permanent nutrient storage facility that is designed and constructed to contain solid prescribed material;

“prescribed material” means an agricultural source material or a non-agricultural source material;

“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;

“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;

“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;

“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;

“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;

“runoff” means a liquid that,

(a) has come into contact with manure in a permanent nutrient storage facility, temporary field nutrient storage site, outdoor confinement area or farm-animal yard lined with concrete or other paving material of equal or lesser permeability,

(b) may contain components of manure in solution or suspension, and

(c) is no longer contained in the permanent nutrient storage facility, temporary field nutrient storage site, outdoor confinement area or farm-animal yard;

“Sampling and Analysis Protocol” means the document of that name prepared by the Ministry of Agriculture and Food and the Ministry of the Environment for the purposes of this Regulation and dated December 10, 2003;

“sewage biosolids” means the residue from a sewage treatment works following treatment of sewage and removal of effluent;

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

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

“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 and chapter NSTS-03 of the Construction and Siting Protocol;

“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 5 to Regulation 347 made under the Environmental Protection Act;

“surface water” means surface water as defined in section 2;

“synthetic liner” means a geomembrane liner or a geosynthetic clay liner;

“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;

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

“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;

“treatment system” means a treatment system that is capable of changing the characteristics of an input stream that contains nutrients;

“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;

“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;

“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;

“well” includes a gas well, oil well, unused well, test well and water well. O. Reg. 267/03, s. 1 (1); O. Reg. 447/03, s. 1 (1-23).

(2) In the Act,

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

“pulp and paper sludge” means pulp and paper biosolids as defined in subsection (1). 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.

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).

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.

Incorporated Documents

Incorporated documents

4. (1) The Minister shall ensure that copies of all documents incorporated by this Regulation, including the Construction and Siting Protocol, the Local Advisory Committee Protocol, NMAN, the Nutrient Management Protocol and the Sampling and Analysis Protocol, are made available to the public by either of the following means:

1. A posting on a web site maintained by the Ministry and a notice in the registry under the Environmental Bill of Rights, 1993.

2. Any other print or electronic medium of mass communication. O. Reg. 267/03, s. 4 (1).

(2) Subsection (1) does not apply to an Act or regulation of Ontario or Canada. O. Reg. 267/03, s. 4 (2).

Farm Units

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 described in subsection 18 (3) of the Act, 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).

(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).

Application of Regulation

Application of Regulation

6. (1) This Regulation, except for section 45, subsection 47 (3) and section 49, does not apply to a farm unit that generates five or fewer nutrient units of manure annually. O. Reg. 447/03, s. 3.

(2) Non-agricultural source material may be applied to land in a farm unit in accordance with a certificate of approval under Part V of the Environmental Protection Act if the requirements of this Regulation with respect to the application are satisfied. O. Reg. 267/03, s. 6 (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

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.

PART II
STRATEGIES AND PLANS: GENERAL

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).

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).

(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).

(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, 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).

(2) 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 increased to a level that is sufficient, at any time on or after September 30, 2003, to generate 300 or more nutrient units annually. O. Reg. 267/03, s. 11 (2).

(3) Section 10 applies to an agricultural operation that generates agricultural source materials on or after July 1, 2005 if the number of farm animals on a farm unit on which the operation is carried out is sufficient to generate 300 or more nutrient units annually. O. Reg. 267/03, s. 11 (3).

(4) Section 10 applies to an agricultural operation that generates agricultural source materials at the earliest time that subsections (1), (2) and (3) determine that the section is to apply. O. Reg. 267/03, s. 11 (4).

Construction of buildings or structures

11.1 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 the nutrient management strategy has been prepared and, if applicable, approved in accordance with this Regulation. O. Reg. 447/03, s. 5.

Phasing-in, non-agricultural operations

12. (1) Section 10 applies, on or after the date set out in Column 3 of the following Table, to a non-agricultural operation that generates the non-agricultural source materials described in Column 2 opposite the date in the circumstances, if any, described in Column 2:

TABLE

Column 1

Column 2

Column 3

Item

Type of non-agricultural source materials generated and circumstances

Date of phasing-in

1.

Pulp and paper biosolids.

January 1, 2008

2.

Sewage biosolids if,

 
 

(a) the operation is a municipal sewage treatment works that has an approved design capacity of fewer than 4,450 cubic metres per day;

January 1, 2008

 

(b) the operation is a municipal sewage treatment works that has an approved design capacity of 4,450 cubic metres or more per day but no more than 45,400 cubic metres per day;

January 1, 2007

 

(c) the operation is a municipal sewage treatment works that has an approved design capacity of more than 45,400 cubic metres per day.

January 1, 2005

3.

Non-agricultural source material that is not described in item 1 or 2.

January 1, 2007

O. Reg. 447/03, s. 6 (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).

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 and in the course of which nutrients are applied to the land of a farm unit, shall ensure that the nutrients are managed in accordance with a nutrient management plan. O. Reg. 267/03, s. 14 (1).

(2) No person shall manage nutrients that are stored 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. O. Reg. 267/03, s. 14 (2).

(3) If the application of this Regulation results in more than one rate of application of a nutrient to land or a rate of application of a nutrient to land that is different from the rate that results from a certificate of approval under Part V of the Environmental Protection Act, the lowest such rate of application prevails. O. Reg. 267/03, s. 14 (3).

(4) If the application of this Regulation results in more than one setback distance or a setback distance that is different from a distance set out in a certificate of approval under Part V of the Environmental Protection Act, the greatest such setback distance prevails. O. Reg. 267/03, s. 14 (4).

Phasing-in

15. 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.

Construction of buildings or structures

15.1 If this Regulation requires a person who owns or controls an agricultural operation to have a nutrient management plan 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 the nutrient management plan has been prepared and, if applicable, approved in accordance with this Regulation. O. Reg. 447/03, s. 7.

PART III
STRATEGIES AND PLANS: PREPARATION

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.

Nutrient Management Strategies

Preparation and contents

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

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

(b) unless it is a short-form nutrient management strategy authorized by section 18, must comply with this Regulation, the Nutrient Management Protocol, the Construction and Siting Protocol and the Sampling and Analysis Protocol; and

(c) must be signed by the owner of the operation or by an authorized agent of the owner. O. Reg. 267/03, s. 17 (1); O. Reg. 447/03, s. 8.

(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).

(3) On application by the person responsible for preparing a nutrient management strategy, a Director shall assign an operation identifier to the following, unless the Ministry has already assigned an operation identifier to the operation:

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

2. Each farm unit on which an agricultural operation, to which the strategy applies, is carried out. O. Reg. 267/03, s. 17 (3).

Short-form strategy

18. (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, the strategy may be a short-form nutrient management strategy if,

(a) the Nutrient Management Protocol provides a short form nutrient management strategy;

(b) the number of farm animals on the farm unit on which the operation is carried out is sufficient to generate fewer than 150 nutrient units annually; and

(c) the operation does not involve applying liquid manure or non-agricultural source materials to land. O. Reg. 267/03, s. 18 (1).

(2) A short-form nutrient management strategy shall comply with the Nutrient Management Protocol. O. Reg. 267/03, s. 18 (2).

(3) The Nutrient Management Protocol may specify information that, despite section 17, may be omitted from a short-form nutrient management strategy or may be presented in a different form in a short-form nutrient management strategy. O. Reg. 267/03, s. 18 (3).

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).

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

(3) The transfer agreement shall comply with the Nutrient Management Protocol. O. Reg. 267/03, s. 20 (3).

(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 strategy or nutrient management plan for carrying out the operation, the strategy or plan must provide for the management of the transferred materials at the operation. O. Reg. 447/03, s. 9 (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).

Incorporation of plans and other strategies

21. (1) A nutrient management strategy for an agricultural operation may incorporate another nutrient management strategy or plan only if,

(a) the incorporating strategy and the other strategy or plan are directly controlled by the same person; or

(b) the other strategy or the plan itself provides for being so incorporated. O. Reg. 267/03, s. 21 (1).

(2) If a nutrient management strategy for an agricultural operation incorporates another nutrient management strategy or plan that is not independently approved or certified under this Regulation and if the incorporating strategy is approved or certified under this Regulation, then for the purposes of this Regulation the other strategy or the plan shall be deemed to be approved or certified, as the case requires, by virtue of the approval or certification of the incorporating strategy, while that approval or certification remains in force. O. Reg. 267/03, s. 21 (2).

Cessation of strategies

22. A nutrient management strategy ceases to be in force for an agricultural or non-agricultural operation at the earliest of the following times:

1. The fifth anniversary of the day on which the strategy came into force or was approved or certified under this Regulation, whichever is later.

2. The occurrence of any of the following events:

i. A change of ownership or control of the operation that adversely affects the capacity of a person who currently owns or controls the operation to implement the strategy.

ii. The end of a year in which there is an increase of 20 per cent or more in the quantity of nutrients generated in the course of the operation since the first year during which the strategy was in force.

iii. Revoked: O. Reg. 447/03, s 10 (1).

iv. A change in the use of nutrients generated in the course of the operation, including a change from applying the nutrients to the land to having an intermediate generator process them.

v. The loss of available destinations resulting in an amount of prescribed materials being generated that exceeds the amount that the strategy can accommodate.

vi. The end of a year in which the quantity of agricultural source materials transferred to any single farm unit or non-agricultural operation since the previous year increases by at least 30 nutrient units, if the increase is at least 10 per cent of the number of nutrient units transferred, in the previous year, to the farm unit on which the agricultural operation is carried out or to the non-agricultural operation. O. Reg. 267/03, s. 22; O. Reg. 447/03, s 10.

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, the Construction and Siting Protocol, the Sampling and Analysis Protocol and, unless it is a short-form nutrient management plan authorized by section 25, NMAN; and

(c) must be signed by the owner of the operation or by an authorized agent of the owner. O. Reg. 267/03, s. 24 (1); O. Reg. 447/03, s. 11.

(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, if the land or the agricultural operation is not of a uniform character because of the physical nature of the land or the crops to be grown on the land. O. Reg. 267/03, 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 the Ministry has already assigned an operation identifier to the operation. O. Reg. 267/03, s. 24 (4).

Short-form plan

25. (1) If this Regulation requires a person who owns or controls an agricultural or non-agricultural operation to have a nutrient management plan for carrying out the operation, the plan may be a short-form nutrient management plan if,

(a) the Nutrient Management Protocol provides a short form nutrient management plan;

(b) the number of farm animals on the farm unit on which the operation is carried out is sufficient to generate fewer than 150 nutrient units annually; and

(c) the operation does not involve applying liquid manure or non-agricultural source materials to land. O. Reg. 267/03, s. 25 (1).

(2) A short-form nutrient management plan shall comply with the Nutrient Management Protocol. O. Reg. 267/03, s. 25 (2).

(3) The Nutrient Management Protocol may specify information that, despite section 24, may be omitted from a short-form nutrient management plan or may be presented in a different form in a short-form nutrient management plan. O. Reg. 267/03, s. 25 (3).

Cessation of plans

26. A nutrient management plan ceases to be in force for an agricultural operation carried out on farm unit at the earliest of the following times:

1. The fifth anniversary of the day on which the plan came into force or was approved or certified under this Regulation, whichever is later.

2. The occurrence of any of the following events:

i. The end of a year in which there is an increase of 20 per cent or more in the quantity of nutrients stored or applied to land in the course of the operation since the first year during which the plan was in force.

ii. The end of a year in which, because of a change in the cropping system at the farm unit, there is a decrease of 20 per cent or more in crop removal of nitrogen and phosphorus provided by nutrients received at the farm unit since the first year during which the plan was in force.

iii. The end of a year in which there is a decrease in land available for the application of nutrients on the farm unit of more than 10 per cent, amounting to a decrease of at least 10 hectares, since the first year during which the plan was in force. O. Reg. 267/03, s. 26.

PART IV
STRATEGIES AND PLANS: APPROVAL AND CERTIFICATION

Approval

Requirement for approval

27. (1) 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 that generates agricultural source materials and the number of farm animals that are on the farm unit on which the operation is carried out or that are capable of being housed on the farm unit is sufficient to generate 150 or more nutrient units annually; or

(b) the operation is a non-agricultural operation that generates non-agricultural source materials that are intended to be applied to land. O. Reg. 267/03, s. 27 (1); O. Reg. 447/03, s. 12.

(2) A nutrient management plan for an agricultural operation requires the approval of a Director if,

(a) the person who owns or controls the operation is required to have a nutrient management strategy that a Director has approved under this Regulation for carrying out the operation; or

(b) non-agricultural source material is received in the course of carrying out the operation. O. Reg. 267/03, s. 27 (2).

Procedure for obtaining approval

28. (1) A person who applies for the approval of a Director for a nutrient management strategy or plan shall submit the strategy or plan to a Director in accordance with the requirements of the Nutrient Management Protocol. O. Reg. 267/03, s. 28 (1).

(2) The Director shall,

(a) approve the strategy or 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 plan and request the person to revise it and resubmit it in accordance with the directions in the notice mentioned in subsection (5). O. Reg. 267/03, s. 28 (2).

(3) The Director shall not approve the nutrient management strategy or plan unless it is prepared in accordance with this Regulation. O. Reg. 267/03, s. 28 (3).

(4) The Director may, as a condition of approving a strategy or plan, restrict, modify or place conditions on any of the activities described in the strategy or plan. O. Reg. 267/03, s. 28 (4).

(5) Upon taking an action described in clause (2) (a) or (c), the Director shall deliver a notice to the person. O. Reg. 267/03, s. 28 (5); O. Reg. 447/03, s. 13.

Update after five years

29. (1) If a Director has approved a nutrient management strategy or plan for an agricultural or non-agricultural operation under this Regulation and the approval is still in force, a person who owns or controls the operation shall submit a new nutrient management strategy or 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. 267/03, s. 29 (1).

(2) Section 28 applies to the application for approval submitted under subsection (1). O. Reg. 267/03, s. 29 (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).

Update after less than five years

30. (1) If a Director has approved a nutrient management strategy or plan for an agricultural or non-agricultural operation under this Regulation and a person who owns or controls the operation has reasonable grounds to believe that the strategy or plan will cease to be in force because an event described in paragraph 2 of section 22 or 26 is likely to occur, the person shall, without undue delay, submit a new nutrient management strategy or plan to a Director for approval. O. Reg. 267/03, s. 30 (1).

(2) Section 28 applies to the application for approval submitted under subsection (1). O. Reg. 267/03, s. 30 (2).

(3) Despite section 10 or 14, if the person described in subsection (1) complies with that subsection, the operation may continue to be carried out from the date on which the event occurs 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. 30 (3).

Transition

31. If, before September 30, 2003, the Ministry issued a notice to a person who owns or controls an operation that a strategy or plan for managing prescribed materials or nutrients generated or received in the course of the operation was satisfactory, the strategy or plan shall be deemed to be approved under this Regulation as a nutrient management strategy or plan until the earlier of the following dates:

1. The expiry date, if any, specified on the notice.

2. September 30, 2008. O. Reg. 267/03, s. 31.

Amendment of approval

31.1 (1) A Director may, on his or her own initiative, amend an approval to impose, vary or remove conditions at any time after the issuance of the approval, if the Director considers it necessary for the purposes of the Act or this Regulation. O. Reg. 447/03, s. 14.

(2) A Director who, under subsection (1), amends 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 amendment. O. Reg. 447/03, s. 14.

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,

(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 described in subsection 18 (3) of the Act; and

(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,

(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.

(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.

(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,

(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

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

(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.

Certification

Certification by accredited certifier

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 or plan for the operation but does not require that it have the approval of a Director, the person may apply to have an accredited certifier certify the nutrient management strategy or plan. O. Reg. 267/03, s. 32 (1).

(2) An accredited certifier who receives a nutrient management strategy or plan for certification under this section shall certify it if it complies with this Regulation and the Nutrient Management Protocol. O. Reg. 267/03, s. 32 (2).

Duration of certification

33. The certification of a nutrient management strategy or plan remains in force as long as the strategy or plan remains in force. O. Reg. 447/03, s. 15.

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).

Arrangements with generators and other sources

36. (1) A broker who receives prescribed materials from a generator who this Regulation requires 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, in the form specified in the Nutrient Management Protocol, with the generator. O. Reg. 267/03, s. 36 (1).

(2) A broker who is required to enter into an agreement described in subsection (1) shall record the following information in the form required by the Nutrient Management Protocol:

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

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.

(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).

(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 material. O. Reg. 267/03, s. 36 (4).

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, that complies with the Nutrient Management Protocol, with the person who owns or controls the operation; and

(b) ensure that the materials are transferred in accordance with a nutrient management plan. O. Reg. 267/03, s. 37 (1).

(2) The broker shall record the following information in the form required by the Nutrient Management Protocol:

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

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, and the approval number assigned by the Director to the nutrient management strategy or plan for the farm unit or operation. O. Reg. 267/03, s. 37 (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).

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.

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

Application rates

42. (1) No person shall apply liquid prescribed 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 field slope of the land is greater than 12 per cent. O. Reg. 267/03, s. 42 (1).

(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

Column 1

Column 2

Hydrologic soil group

Runoff Potential

 

Maximum sustained field slope of the land within 150 metres of the top of the bank of surface water

 

at least 3% but less than 6%

at least 6% but less than 9%

at least 9% but less than 12%

Category A: Rapid

Very Low

Low

High

Category B: Moderate

Low

Moderate

High

Category C: Slow

Moderate

High

No application allowed

Category D: Very Slow

High

High

No application allowed

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

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

Column 1

Column 2

Column 3

Runoff potential of land

Maximum rate of single application to land if the materials are applied to the surface of land

Maximum rate of single application to land if the materials are injected or incorporated into the land or if the land is pretilled

High

50 cubic metres per hectare (m3/ha)

75 m3/ha

Moderate

75 m3/ha

100 m3/ha

Low

100 m3/ha

130 m3/ha

Very Low

130 m3/ha

150 m3/ha

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).

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 1991. O. Reg. 267/03, s. 43 (6); O. Reg. 447/03, s. 20.

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, made using the Sampling and Analysis Protocol, of the concentration in the soil of the vegetated buffer zone for each of the following parameters: available phosphorus, available potassium and soil pH;

(b) in accordance with the recommendations of the Ministry of Agriculture and Food as set out in the computer program described in clause (a) of the definition of “NMAN” in subsection 1 (1); and

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

(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 prescribed materials to land unless there is at least 30 centimetres of unsaturated soil condition at the surface of the land at the time of application. O. Reg. 267/03, s. 46.

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.

(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) Subsection (1) does not apply to the application of manure to land in the course of an agricultural operation until the earlier of the following times:

1. The day on which this Regulation requires the operation to have a nutrient management plan, if this Regulation requires the operation to have a nutrient management plan.

2. March 31, 2005. O. Reg. 267/03, s. 49 (2).

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

Column 1

Column 2

Plant material harvested

Waiting period

Commercial sod

12 months before harvest

Hay and haylage

3 weeks before harvest

Tree fruits and grapes

3 months before harvest

Small fruits

15 months before harvest

Vegetables

12 months before harvest

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

Column 1

Column 2

Grazing animal

Waiting period

Horses, beef or dairy cattle

2 months before grazing

Swine, sheep or goats

6 months before grazing

O. Reg. 267/03, s. 52.

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.

Requirements for load-bearing surface

54. (1) Subject to subsection (2), a person who owns or controls 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, shall ensure that the load-bearing surface of the confinement area has at least one layer that,

(a) consists of concrete;

(b) consists of a minimum of 1 metre of natural material that is located between the top of the load-bearing surface of the confinement area and the bedrock or an aquifer and that has a hydraulic conductivity of no greater than 1 × 10-8 metres per second or a 15 per cent clay content; or

(c) consists of any natural or engineered material that,

(i) provides protection that is equivalent to or greater than the protection provided by the materials described in clauses (a) and (b), and

(ii) is designed and constructed under the supervision of a professional engineer. O. Reg. 267/03, s. 54 (1); O. Reg. 447/03, s. 24 (1-4).

(2) If the permanent outdoor confinement area is located wholly or partly on natural material, the layer may consist of any of the materials mentioned in clause (1) (a), (b) or (c) and there may be different materials for different parts of the confinement area. O. Reg. 267/03, s. 54 (2).

(3) A person who owns or controls a low-density 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 not sufficient to generate 300 nutrient units, shall ensure that the load-bearing surface of the confinement area has a layer that,

(a) consists of a minimum of 500 millimetres of natural material that is located, throughout the confinement area, between the top of the load-bearing surface of the confinement area and the bedrock or aquifer and that has a saturated hydraulic conductivity of no greater than 1 × 10-8 metres per second or a 15 per cent clay content;

(b) consists of concrete; or

(c) consists of any natural or engineered material that,

(i) provides protection that is equivalent to or greater than the protection provided by the materials described in clause (a), and

(ii) is designed and constructed under the supervision of a professional engineer. O. Reg. 447/03, s. 24 (5).

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.

Livestock bedding and feeding

56. If a permanent outdoor confinement area that has a load-bearing surface composed of natural material is equipped with permanently located feeders, such as fence-line feeders, a person who owns or controls the confinement area shall ensure that each feeder shall have a load-bearing area that is,

(a) large enough to allow animals to be fully supported while feeding at the feeder; and

(b) composed of material that will prevent the feet of the animals from sinking more than 40 centimetres below the surface of the load-bearing area at any time. O. Reg. 267/03, s. 56.

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; and

(b) the manure produced by the animals that are kept in the confinement area is managed in accordance with the strategy. O. Reg. 267/03, s. 58.

Management of runoff

59. (1) Revoked: O. Reg. 447/03, s. 25.

(2) A person who owns or controls a permanent outdoor confinement area shall provide a runoff management system for the confinement area. O. Reg. 267/03, s. 59 (2).

(3) A runoff management system must be composed of natural or manufactured runoff collection, treatment and containment devices that are capable of preventing, collecting, treating or containing runoff generated by the confinement area. O. Reg. 267/03, s. 59 (3).

(4) A runoff management system may include,

(a) natural or manufactured devices that are capable of diverting up-slope water away from the confinement area;

(b) vegetated buffer zones that are capable of keeping runoff out of surface water;

(c) runoff collection and storage systems that are sufficient to deal with the runoff and that meet the standards for manure and runoff storage under Part VIII; and

(d) an increased physical barrier to surface water that utilizes a non-tiled, permanently vegetated area that meets the requirements set out in subsection (5). O. Reg. 267/03, s. 59 (4).

(5) The permanently vegetated area mentioned in clause (4) (d) must,

(a) be located on a minimum 0.5 metres of soil and not be within 100 metres of a municipal well, 15 metres of a drilled well or within 30 metres of any other well;

(b) have a flow path, onto which runoff from no more than 2,000 square metres of the outdoor confinement area is channelled and that measures,

(i) 100 metres for outdoor confinement areas of less than 500 square metres,

(ii) 150 metres for outdoor confinement areas of 500 square metres or more; and

(c) be used only if the confinement area is used in the course of an agricultural operation that is carried out on a farm unit, on which the number of farm animals is not sufficient to generate at least 150 nutrient units annually. O. Reg. 267/03, s. 59 (5).

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 described in subsection 18 (3) of the Act. O. Reg. 267/03, s. 60 (2).

(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 constructed and operated 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).

PART VIII
SITING AND CONSTRUCTION STANDARDS

Application of Part

Application of Part

62. 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.

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 unless a permit for the facility is issued under section 28 of the Conservation Authorities Act. O. Reg. 267/03, s. 63 (4).

(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).

(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).

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 an earthen structure. O. Reg. 267/03, s. 65 (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 the uppermost identified bedrock layer or 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 the uppermost identified bedrock layer or aquifer.

3. Unlined concrete or steel storage facilities with unreinforced concrete floors must have, between the bottom of the storage facility and the uppermost identified bedrock layer or 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 the uppermost identified bedrock layer or aquifer.

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

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

7. Nutrient storage facilities that are designed to incorporate a combined system, such as a facility that has earthen walls 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).

(3) A permanent liquid nutrient storage facility that is an unlined earthen facility 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 the uppermost identified bedrock layer or 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).

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 the uppermost identified bedrock or 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 the uppermost identified bedrock or aquifer. O. Reg. 447/03, s. 29.

(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 units is sufficient to generate 300 or more nutrient units annually; or

(b) the following conditions are met:

(i) the person who owns or controls the farm unit 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 and that is located or to be located on the farm unit,

(ii) the construction work on the building or structure authorized by the building permit 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. 447/03, s. 29.

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 and chapter NSTS-03 of the Construction and Siting Protocol. O. Reg. 267/03, s. 67 (5).

(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.

Storage of non-agricultural source materials

70. (1) Subject to subsection (2), no person shall construct or enlarge a non-agricultural operation for which this Regulation requires a nutrient management strategy unless the operation has a permanent nutrient storage facility, a temporary field nutrient storage site or a combination of such facilities and sites that is capable of storing at least all of the non-agricultural source materials generated on or received at the operation during a period of 240 days. O. Reg. 267/03, s. 70 (1).

(2) If a person who owns or controls a non-agricultural operation has a nutrient management strategy for the operation that provides for the use or transfer of some or all of the non-agricultural source materials generated in the course of the operation by a means that eliminates the need for storing the materials 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. 70 (2).

Design and Construction

Design and construction

71. (1) Subject to subsection (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 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 design component criteria set out in the Construction and Siting Protocol and signs the Engineer’s Commitment Certificate contained in the Protocol, by which the engineer undertakes to have regard to those criteria and to inspect the construction or expansion upon completion;

(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,

(i) chapter NSTS-04 of the Construction and Siting Protocol, if the facility is a permanent liquid nutrient storage facility and is not made out of earth,

(ii) chapter NSTS-05 of the Construction and Siting Protocol, if the facility is a permanent solid nutrient storage facility,

(iii) chapter NSTS-06 of the Construction and Siting Protocol, if the facility is a permanent liquid nutrient storage facility made out of earth;

(d) the construction or expansion takes place under the supervision of a professional engineer; and

(e) a professional engineer inspects the construction or expansion upon completion and confirms that it is in accordance with the design. O. Reg. 267/03, s. 71 (1).

(2) The following nutrient storage facilities or sites are not subject to clauses (1) (a), (b), (d) and (e) if they are constructed in accordance with the requirements of this Part and the Construction and Siting Protocol:

1. Permanent solid nutrient storage facilities under 600 cubic metres in size with retaining walls that do not have an exposed height that exceeds 1,000 millimetres.

2. Temporary field nutrient storage sites. O. Reg. 267/03, s. 71 (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.

(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).

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,

(a) this Part and chapter NSTS-07a of the Construction and Siting Protocol, in the case of the installation of a synthetic liner;

(b) this Part and chapter NSTS-07b of the Construction and Siting Protocol, in the case of the installation of a compacted soil liner. O. Reg. 267/03, s. 73 (1).

(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).

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 earthen berms according to good engineering practices or to the manufacturer’s specification. O. Reg. 267/03, s. 74 (1).

(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).

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).

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, αL, as defined in clause 4.1.3.1. (1) (c) of Part 4 of the Building Code 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.

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 the Building Code made under the Building Code Act, 1992. O. Reg. 267/03, s. 77.

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.

(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.

Earthen facilities

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,

(a) the dimensions of the facility have been calculated using the computer program described in clause (a) of the definition of “NMAN” in subsection 1 (1);

(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.

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,

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

(b) an earthen floor consisting of at least 0.5 metres of hydraulically secure soil; or

(c) an earthen floor consisting of at least 0.5 metres of soil of type C or D as defined by the Drainage Guide for Ontario, 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.

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 construct or expand 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. 267/03, s. 81 (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 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. 447/03, s. 36 (1).

(3) A runoff management system for a permanent solid nutrient storage facility that is not described in subsection (4) or for a yard that is described in subsection (2) but not subsection (5) must consist of at least one of the following:

1. A roof over the facility or the yard, as the case may be, to prevent entry of precipitation.

2. Vegetated filter strips or an equivalent system, both of which is designed by a qualified professional and capable of minimizing the effect of runoff on surface water.

3. Runoff collection and storage systems that have the capacity to contain runoff emanating from the facility or the yard, as the case may be, for the storage period required by section 69. O. Reg. 267/03, s. 81 (3); O. Reg. 447/03, s. 36 (2).

(4) Subsection (6) applies to a permanent solid nutrient storage facility that,

(a) has been constructed in accordance with the criteria for the sizing of nutrient storage facilities, that are contained in the computer program described in clause (a) of the definition of “NMAN” in subsection 1 (1), to ensure that the facility is able to hold the amount of agricultural source materials projected for the storage period required by section 69;

(b) has a floor area of no more than 300 square metres;

(c) has a minimum of 75 per cent of its perimeter area contained by walls that are at least one metre high;

(d) has a floor slope of no greater than 1 per cent if it has been constructed after September 30, 2003;

(e) is used to store materials that contain no less than 30 per cent dry matter as determined in accordance with the Construction and Siting Protocol; and

(f) has been constructed with natural or manufactured devices that are capable of diverting up-slope water away from the facility. O. Reg. 267/03, s. 81 (4); O. Reg. 447/03, s. 36 (3).

(5) Subsection (6) applies to a yard described in subsection (2) that,

(a) has a surface area of no more than 2,000 square metres;

(b) is not a permanent outdoor confinement area; and

(c) is used to house farm animals that generate manure with a dry matter content of no less than 30 per cent as determined in accordance with the Construction and Siting Protocol. O. Reg. 267/03, s. 81 (5); O. Reg. 447/03, s. 36 (4, 5).

(6) A runoff management system for a permanent solid nutrient storage facility described in subsection (4) or a concrete yard described in subsection (5) shall consist of,

(a) the items set out in at least one of paragraphs 1, 2 and 3 of subsection (3); or

(b) a system that is an increased physical barrier to surface water and that utilizes a non-tiled, permanently vegetated area that,

(i) is located on a minimum 0.5 metres of soil,

(ii) is not located within 3 metres of a field tile drain, 100 metres of a municipal well, 15 metres of a drilled well or,

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

(B) 30 metres of any other well, in all other cases, and

(iii) has a flow path that measures,

(A) 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 Construction and Siting Protocol, or

(B) 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 Construction and Siting Protocol. O. Reg. 267/03, s. 81 (6); O. Reg. 447/03, s. 36 (6).

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 that have rapid infiltration rates, namely Hydrological Soil Group AA.

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.

(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 six 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

(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).

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) Revoked: O. Reg. 447/03, s. 38 (1).

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

O. Reg. 267/03, s. 85 (1); O. Reg. 447/03, s. 38 (1).

(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

 

Column 1

Column 2

Column 3

Item

 

Management Techniques and Field Conditions for Materials Stored in a Temporary Field Nutrient Storage Site

Days

1.

Percentage of dry matter

Nutrients stored in the site have a dry matter content of,

 
   

      (a) 50 per cent or more;

+60

   

      (b) 30 per cent or more, but less than 50 per cent;

+30

   

      (c) 18 per cent or more, but less than 30 per cent.

+0

2.

Percentage of nitrogen and percentage of phosphorus

The percentage of total nitrogen combined with the percentage of total phosphorus, both on a wet basis, is,

 
   

      (a) less than 0.8 per cent;

+60

   

      (b) at least 0.8 per cent, but less than 1.6 per cent;

+30

   

      (c) 1.6 per cent or more.

+0

3.

Drainage tile and bedrock location

There are no field drainage tiles at any depth of the soil surface and no bedrock within 0.9 metres of the soil surface, located,

+0

   

      (a) under the site;

 
   

      (b) within 3 metres of the perimeter of the site; or

 
   

      (c) within the first 50 metres of the flow path to surface water.

 
   

There are field drainage tiles at any depth of the soil surface or bedrock within 0.9 metres of the soil surface, located,

–60

   

      (a) under the site;

 
   

      (b) within 3 metres of the perimeter of the site; or

 
   

      (c) within the first 50 metres of the flow path to surface water.

 

4.

Soil type under the site

The site is situated on soil included in the following hydrologic soil groups as defined by the Drainage Guide for Ontario:

 
   

B, C or D.

+30

   

A.

+0

5.

Perimeter of the site

The outer edge of the site, at the ground surface, has a perimeter of,

 
   

      (a) less than 100 metres;

+30

   

      (b) 100 metres or more.

+0

6.

Covers and tarps

The site is covered with a rain-shedding tarp that,

+120

   

      (a) has been anchored against wind removal;

 
   

      (b) has been placed on the site on the same day on which the first materials were placed on the site; and

 
   

      (c) remains in place for the entire storage period.

 
   

The site is not covered with such a rain-shedding tarp.

+0

7.

Distance to surface water

The site has a flow path to the nearest surface water or water inlet for field tile drainage of,

 
   

      (a) 150 metres or more;

+30

   

      (b) at least 50 metres but less than 150 metres.

+0

8.

Location of the site

The site is situated on the same location, or within 125 metres of the same location,

 
   

      (a) not more often than once every three years;

+60

   

      (b) more often than once every three years.

+0

9.

Materials removed from the site

The site is not situated on the same location, or within 125 metres of the same location, more often than once every three years and the materials stored on the site are removed from the site and applied to land during the period between August 15 and October 15 in any one year.

+60

   

The situation described in the box immediately above does not apply to the site.

+0

10.

Turning of stored materials

The pile of materials stored on the site,

+120

   

      (a) has a dry matter content of between 25 and 60 per cent;

 
   

      (b) has a ratio of carbon to nitrogen of between 20:1 and 40:1; and

 
   

      (c) is turned so that every piece of material in the pile is displaced from its former position and mixed or inverted once weekly for the first three weeks, and once monthly after that.

 
   

The situation described in the box immediately above does not apply to the site.

+0

O. Reg. 267/03, s. 85 (2); O. Reg. 447/03, s. 38 (2-7).

Records

86. The operator shall maintain records for all temporary field nutrient storage sites under the operator’s control that include,

(a) the date on which the site was established;

(b) the dates on which the pile of materials was displaced and mixed or inverted, if applicable;

(c) the date on which the materials were removed from the site;

(d) a sketch indicating the location of the site relative to setback distances, surface waters and other temporary field nutrient storage sites; and

(e) a record of the management techniques and field conditions set out in Column 2 of the Table to subsection 85 (2). O. Reg. 267/03, s. 86; O. Reg. 447/03, s. 39.

Liquid Nutrient Transfer Systems

Design and construction

87. (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 liquid nutrient transfer system in the course of the operation, other than a floor transfer system defined in section 88, unless,

(a) the system is designed and constructed in accordance with chapter NSTS-09 of the Construction and Siting Protocol;

(b) a professional engineer designs the system;

(c) the construction takes place under the supervision of a professional engineer; and

(d) a professional engineer inspects the construction upon completion to confirm that it is in accordance with the design. O. Reg. 267/03, s. 87 (1); O. Reg. 447/03, s. 40 (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 install pipe connections in a liquid nutrient transfer system used in the course of the operation unless they are installed using specifically designed gasketed fittings, such as tees, saddles, end caps and elbows, that are compatible with the pipe material. O. Reg. 267/03, s. 87 (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 install a liquid nutrient transfer system used in the course of the operation with the pipe entering the permanent liquid nutrient storage facility unless a flexible watertight gasket or membrane has been installed between the pipe and the floor or wall of the storage tank to serve as an anti-seepage collar. O. Reg. 267/03, s. 87 (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 install a liquid nutrient transfer system used in the course of the operation where the elevation of the facility is higher than the elevation of the transfer system and where there is an opportunity for backflow to the pump or pump-out chamber unless the transfer system has a primary shut-off valve and secondary shut-off valve. O. Reg. 267/03, s. 87 (4); O. Reg. 447/03, s. 40 (2).

Floor transfer systems

88. (1) In this section,

“floor transfer system” means a system where a floor is used to transfer liquid manure, but does not include,

(a) areas within a barn that are designed to house livestock and that are not intended to collect liquid manure,

(b) areas under dairy free-stalls,

(c) feed trough areas,

(d) floors under solid manure pack areas. O. Reg. 267/03, s. 88 (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 use a floor to transfer liquid manure in the course of the operation unless the floor is part of a floor transfer system that complies with this section. O. Reg. 267/03, s. 88 (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 a floor transfer system used in the course of the operation unless the system complies with this section. O. Reg. 267/03, s. 88 (3).

(4) A floor transfer system must have a floor constructed of concrete and must be capable of containing the anticipated volume of liquids that are generated on the farm unit on which the system is located and transferring the liquids directly to a permanent liquid nutrient storage facility. O. Reg. 267/03, s. 88 (4).

PART IX
SAMPLING, ANALYSIS AND QUALITY STANDARDS AND LAND APPLICATION RATES

General

Definitions

89. In this Part,

“five years” means the period of time consisting of the current year and the previous four years;

“land” means land that is used for an agricultural purpose and excludes residential gardens;

“parameter” means one of the following:

1. Ammonia and ammonium nitrogen.

2. Available phosphorus.

3. Available potassium.

4. Escherichia coli (E.coli).

5. Organic nitrogen.

6. Nitrate and nitrite nitrogen.

7. Regulated metal.

7.1 pH of the material being analyzed.

8. Soil pH.

9. Total kjeldahl nitrogen.

10. Total phosphorus.

11. Total potassium.

12. Total solids.

13. Volatile solids;

“regulated metal” means a metal listed in Column 1 of Table 1 to this Part. O. Reg. 267/03, s. 89; O. Reg. 447/03, s. 42.

Sampling, analysis and calculation procedures

90. (1) Each person who is required to have a sample analyzed in relation to a parameter under this Part shall have the analysis done in accordance with this Part and the methods specified in the Sampling and Analysis Protocol, unless this Regulation specifies otherwise. O. Reg. 267/03, s. 90 (1); O. Reg. 447/03, s. 43.

(2) For the purposes of making a calculation under this Part in relation to a sample, a person shall use the actual analytical result obtained by the person who does an analysis of the sample under this Part, unless the person who makes the calculation is authorized to use data in NMAN. O. Reg. 267/03, s. 90 (2).

(3) If this Part requires an arithmetic average or geometric mean of concentrations to be determined, the most recently determined arithmetic average or geometric mean, as the case may be, shall be used. O. Reg. 267/03, s. 90 (3).

Agricultural Source Material

Sampling obligations

91. (1) Each person who is required to have a nutrient management plan for an agricultural operation, in the course of which agricultural source materials are applied to land, that is the first such plan for the operation, shall, as part of preparing the plan,

(a) collect at least one sample from the soil of the land and have the sample analyzed to determine the concentration of each of the following parameters: available phosphorus, available potassium and soil pH; or

(b) obtain the default data from NMAN in relation to each parameter listed in clause (a). O. Reg. 267/03, s. 91 (1); O. Reg. 447/03, s. 44.

(2) Each person who is required to have a nutrient management plan for an agricultural operation, in the course of which agricultural source materials are applied to land, that is not the first such plan for the operation, shall, as part of preparing the plan, collect at least one sample from the soil of the land and have the sample analyzed to determine the concentration of each of the following parameters: available phosphorus, available potassium and soil pH. O. Reg. 267/03, s. 91 (2).

(3) Each person who is required to have a nutrient management plan for an agricultural operation, in the course of which agricultural source materials are applied to land, shall, as part of preparing the plan,

(a) collect at least one sample of the materials and have the sample analyzed to determine the concentration of each of the following parameters: total kjeldahl nitrogen, ammonia and ammonium nitrogen, total phosphorus, total potassium and total solids; or

(b) obtain the default data from NMAN in relation to each parameter listed in clause (a), if the plan is the first such plan for the operation or the number of farm animals on the farm unit to whose land the materials are to be applied is not sufficient to generate 300 nutrient units annually. O. Reg. 267/03, s. 91 (3).

Maximum application rate

92. (1) Each person who is required to collect samples and have them analyzed under section 91 shall enter the most recently determined concentration under the applicable subsection into NMAN. O. Reg. 267/03, s. 92 (1).

(2) The result that NMAN gives under subsection (1) is the maximum application rate to land for the agricultural source material in the sample. O. Reg. 267/03, s. 92 (2).

(3) The person shall enter the rate into the nutrient management plan. O. Reg. 267/03, s. 92 (3).

(4) A nutrient management plan does not come into force until the person who is required to comply with section 91 and this section has complied with those sections. O. Reg. 267/03, s. 92 (4).

(5) No person shall apply agricultural source materials to land at a rate that exceeds the maximum application rate to land for the materials. O. Reg. 267/03, s. 92 (5).

Non-Agricultural Source Material

Soil samples

93. (1) Each person who is required to have a nutrient management plan for an agricultural operation, in the course of which non-agricultural source materials are applied to land, shall, as part of preparing the plan, collect at least one sample from the soil of the land and have the sample analyzed to determine the concentration of each of the following parameters: available phosphorus, available potassium, regulated metals and soil pH. O. Reg. 267/03, s. 93 (1).

(2) In the case of the analysis for each regulated metal, the analysis must report the concentration of each regulated metal in the sample in milligrams of metal per kilogram of total solids, dry weight. O. Reg. 267/03, s. 93 (2).

(3) A nutrient management plan does not come into force until the person who is required to comply with subsections (1) and (2) has complied with those subsections. O. Reg. 267/03, s. 93 (3).

Material samples

94. (1) Subject to subsection (2) and the frequency set out in section 95, each person who is required to have a nutrient management plan for an agricultural operation, in the course of which non-agricultural source materials are applied to land, shall, before applying the materials to land,

(a) collect a sample from each type of material set out in Column 1 of Table 3 to this Part; and

(b) have the sample analyzed to determine the concentration of each parameter set out opposite it in Column 2. O. Reg. 267/03, s. 94 (1); O. Reg. 447/03, s. 45 (1).

(2) No person who, under subsection (1), is required to collect samples and to have them analyzed shall apply non-agricultural source materials to land unless the person has collected at least four samples and had them analyzed in accordance with that subsection. O. Reg. 267/03, s. 94 (2).

(3) The analysis of the material must report the concentration of each parameter being analyzed in the sample,

(a) in milligrams of metal per kilogram of total solids, dry weight, in the case of the analysis of regulated metals in sewage biosolids or in materials that are not sewage biosolids and that have a concentration of total solids of 10,000 milligrams or more per litre;

(b) in milligrams of metal per litre, in the case of the analysis of regulated metals in materials that are not sewage biosolids and that have a concentration of total solids of less than 10,000 milligrams per litre; and

(c) in colony forming units per gram of total solids, dry weight, in the case of the analysis of E.coli. O. Reg. 267/03, s. 94 (3); O. Reg. 447/03, s. 45 (2).

(4) After the analysis has been done, the person who had it done shall calculate,

(a) the arithmetic average of the concentrations of each of the following parameters in the four most recent samples collected at the same sampling location: total kjeldahl nitrogen, ammonia and ammonium nitrogen, nitrate and nitrite nitrogen, regulated metals, total phosphorus, total solids and volatile solids; and

(b) the geometric mean of the concentrations of E.coli in the four most recent samples collected at the same sampling location. O. Reg. 267/03, s. 94 (4); O. Reg. 447/03, s. 45 (3).

Material sampling frequency

95. (1) Subject to this section, a person who, under subsection 94 (1), is required to collect samples and to have them analyzed shall do so in accordance with the frequency requirements of the approval issued in relation to the material under the Environmental Protection Act or the Ontario Water Resources Act, as the case may be, and in any event not less often than the frequencies set out in Column 3 of Table 3 to this Part opposite the type of material set out in Column 1. O. Reg. 267/03, s. 95 (1).

(2) Subsection (3) applies to a person who has collected 12 or more previous samples from non-agricultural source materials applied to land in the course of an agricultural operation for which there is a nutrient management plan and has analyzed the samples for regulated metals in the frequency set out in Column 3 of Table 3 if the previous 12 samples, or the samples from the previous year if there are more than 12, have a mean concentration plus two standard deviations that are no more than,

(a) the maximum metal concentration set out in Column 2 of Table 1 to this Part opposite the regulated metal set out in Column 1, if the materials are sewage biosolids and the materials are to be applied at a rate exceeding 8 tonnes per hectare per five years;

(b) the maximum metal concentration set out in Column 3 of Table 1 of this Part opposite the regulated metal set out in Column 1, if the materials are sewage biosolids and the materials are to be applied at a rate not exceeding 8 tonnes per hectare per five years;

(c) the maximum metal concentration set out in Column 2 of Table 2 to this Part opposite the regulated metal set out in Column 1, if the materials are not sewage biosolids and the materials contain total solids dry weight of less than 10,000 milligrams per litre;

(d) the maximum metal concentration set out in Column 3 of Table 2 to this Part opposite the regulated metal set out in Column 1, if the materials are not sewage biosolids and the materials contain total solids dry weight of 10,000 milligrams or more per litre. O. Reg. 267/03, s. 95 (2); O. Reg. 447/03, s. 46.

(3) A person to whom this subsection applies shall collect the samples and have them analyzed for regulated metals, as required by subsection 94 (1), in accordance with the frequencies set out in Column 4 of Table 3 for the type of non-agricultural source material set out opposite it in Column 1. O. Reg. 267/03, s. 95 (3).

(4) Subsection (5) applies to a person who has collected 12 or more previous samples from non-agricultural source materials applied to land in the course of an agricultural operation for which there is a nutrient management plan and has analyzed the samples for E.coli in the frequency set out in Column 3 of Table 3 if the previous 12 samples, or the samples from the previous year if there are more than 12, have a running geometric mean of concentration of E.coli, as calculated under clause 94 (4) (b), in all cases that is no more than the maximum concentration of 2 × 106 colony forming units per gram total solids, dry weight. O. Reg. 267/03, s. 95 (4).

(5) A person to whom this subsection applies shall collect the samples and have them analyzed for E.coli, as required by subsection 94 (1), in accordance with the frequencies set out in Column 4 of Table 3 for the type of non-agricultural source material set out opposite it in Column 1. O. Reg. 267/03, s. 95 (5).

(6) Subsection (7) applies to a person who has collected 12 or more previous samples from non-agricultural source materials applied to land in the course of an agricultural operation for which there is a nutrient management plan and has analyzed the samples for total kjeldahl nitrogen, ammonia and ammonium nitrogen, nitrate and nitrite nitrogen and total phosphorus in the frequency set out in Column 3 of Table 3 if the previous 12 samples, or the samples from the previous year if there are more than 12, have a coefficient of variation of less than 20 per cent. O. Reg. 267/03, s. 95 (6).

(7) A person to whom this subsection applies shall collect the samples and have them analyzed for total kjeldahl nitrogen, ammonia and ammonium nitrogen, nitrate and nitrite nitrogen and total phosphorus, as required by subsection 94 (1), in accordance with the frequencies set out in Column 4 of Table 3 for the type of non-agricultural source material set out opposite it in Column 1. O. Reg. 267/03, s. 95 (7).

(8) Subject to a Director’s order issued under section 29 or 30 of the Act, a person is not required under subsection 94 (1) to collect samples and have them analyzed for nitrate and nitrite nitrogen if the concentration of nitrate and nitrite nitrogen in the material is less than 5 per cent of the total kjeldahl nitrogen. O. Reg. 267/03, s. 95 (8).

(9) A Director’s order issued under section 29 or 30 of the Act may restore the frequency set out in subsection (1) for collecting samples for nitrate and nitrite nitrogen and having them analyzed. O. Reg. 267/03, s. 95 (9).

(10) The frequency set out in Column 4 of Table 3 for collecting samples and having them analyzed is discontinued and the frequency set out in subsection (1) for collecting samples and having them analyzed is immediately restored if,

(a) in the case of an analysis for regulated metals, the maximum metal concentration in sewage biosolids exceeds that set out in Column 2 of Table 1 opposite the regulated metal set out in Column 1 or the maximum metal concentration in material other than sewage biosolids exceeds that set out in Column 2 of Table 2 opposite the regulated metal set out in Column 1;

(b) in the case of an analysis for E.coli, the geometric mean of concentration of E.coli, as calculated under clause 94 (4) (b), exceeds the maximum concentration of 2 × 106 colony forming units per gram total solids, dry weight; and

(c) in the case of an analysis for total kjeldahl nitrogen, ammonia and ammonium nitrogen, nitrate and nitrite nitrogen and total phosphorus, the previous 12 samples, or the samples from the previous year if there are more than 12, have a coefficient of variation of 20 per cent or more. O. Reg. 267/03, s. 95 (10).

Maximum application rate

96. (1) Subject to subsection (2), each person who is required to have a nutrient management plan for an agricultural operation, in the course of which non-agricultural source materials are applied to land, shall, before the materials are applied to land, calculate a maximum application rate to land for the materials by entering into NMAN,

(a) the most recently determined concentration of available phosphorus, available potassium, regulated metals and soil pH in the soil sample under subsection 93 (1); and

(b) the most recently determined arithmetic average concentrations of total kjeldahl nitrogen, ammonia and ammonium nitrogen, nitrate and nitrite nitrogen, regulated metals and total phosphorus in the material sample under clause 94 (4) (a). O. Reg. 267/03, s. 96 (1).

(2) Each person who is required to have a nutrient management plan for an agricultural operation, in the course of which non-agricultural source materials that are sewage biosolids are applied to land, shall ensure that the maximum application rate to land for the materials, in relation to regulated metals in the materials, does not exceed,

(a) eight tonnes of the materials, dry weight per hectare of land in five years, if no concentration of a regulated metal in the materials exceeds the maximum metal concentration set out in Column 3 of Table 1 to this Part but a concentration of a regulated metal in the materials exceeds the maximum metal concentration set out in Column 2 of Table 1;

(b) 22 tonnes of the materials, dry weight per hectare of land in five years, if no concentration of a regulated metal in the materials exceeds the maximum metal concentration set out in Column 2 of Table 1; and

(c) the maximum permissible metal addition to the soil of the land in five years, as set out in Column 4 of Table 1, in relation to each regulated metal set out in Column 1 opposite the rate. O. Reg. 267/03, s. 96 (2).

(3) Each person who is required to have a nutrient management plan for an agricultural operation, in the course of which non-agricultural source materials that are not sewage biosolids are applied to land, shall ensure that the maximum application rate to land for the materials, in relation to regulated metals in the materials, does not exceed the maximum permissible metal addition to the soil of the land in five years, as set out in Column 4 of Table 2 to this Part, in relation to each regulated metal set out in Column 1 opposite the rate. O. Reg. 267/03, s. 96 (3).

(4) Each person who is required to have a nutrient management plan for an agricultural operation, in the course of which non-agricultural source materials are applied to land, shall enter the maximum application rate determined under subsections (1), (2) and (3) into the nutrient management plan. O. Reg. 267/03, s. 96 (4).

(5) No person shall apply non-agricultural source materials to land at a rate that exceeds the maximum application rate for the materials determined under subsections (1), (2) and (3). O. Reg. 267/03, s. 96 (5).

Prohibitions on application to land

97. (0.1) Despite any other provision of this Regulation or a nutrient management plan, if a generator of non-agricultural source materials is required to have a nutrient management strategy, no person shall apply the materials to the land of an established golf course or to land on which tobacco is grown. O. Reg. 447/03, s. 47 (1).

(1) Despite any other provision of this Regulation or a nutrient management plan, if a generator of non-agricultural source materials is required to have a nutrient management strategy, no person shall apply the materials to land if,

(a) the concentration of a regulated metal set out in Column 1 of Table 1 or 2 to this Part in the soil of the land exceeds the maximum metal concentration set out opposite it in Column 5 of the applicable Table, depending on whether the materials are sewage biosolids or not, respectively;

(b) the most recently determined arithmetic average for a concentration of a regulated metal in the materials, as determined under clause 94 (4) (a), exceeds the maximum metal concentration set out in Column 3 of Table 1 for the regulated metal, if the materials are sewage biosolids;

(c) the most recently determined arithmetic average for a concentration of a regulated metal in the materials, as determined under clause 94 (4) (a), exceeds the maximum metal concentration set out in Column 3 of Table 2 opposite the metal in Column 1, if the materials are not sewage biosolids and if they contain total solids dry weight of 10,000 milligrams or more per litre;

(d) the most recently determined arithmetic average for a concentration of a regulated metal in the materials, as determined under clause 94 (4) (a), exceeds the maximum metal concentration set out in Column 2 of Table 2 opposite the metal in Column 1, if the materials are not sewage biosolids and if they contain total solids dry weight of less than 10,000 milligrams per litre;

(e) the concentration for available phosphorus in the soil of the land, as determined under subsection 93 (1), exceeds 60 milligrams of phosphorous per litre of soil; or

(f) the land has a soil pH value, as determined in accordance with the Sampling and Analysis Protocol, of less than six, unless the materials are used for the purpose of increasing the soil pH value to more than six. O. Reg. 267/03, s. 97 (1); O. Reg. 447/03, s. 47 (2-5).

(2) Despite any other provision of this Regulation or a nutrient management plan, if a generator of non-agricultural source materials is required to have a nutrient management strategy, no person shall apply sewage biosolids to land if the most recently determined geometric mean for a concentration of E.coli in the sewage biosolids, as determined under clause 94 (4) (b), exceeds the maximum concentration of 2 × 106 colony forming units per gram total solids, dry weight. O. Reg. 447/03, s. 47 (6).

Prohibition on transfer of non-agricultural source materials

98. If a generator of a non-agricultural source materials is required to have a nutrient management strategy, no person shall transfer the material from a site where it was generated to a centralized storage or mixing facility that also receives non-agricultural source materials generated at another site if,

(a) the most recently determined arithmetic average for a concentration of a regulated metal in the material, as determined under clause 94 (4) (a), exceeds,

(i) the maximum metal concentration set out in Column 3 of Table 1 for the regulated metal, if the material is sewage biosolids,

(ii) the maximum metal concentration set out in Column 2 of Table 2 for the regulated metal, if the material is not sewage biosolids and contains total solids dry weight of less than 10,000 milligrams of material per litre,

(iii) the maximum metal concentration set out in Column 3 of Table 2 for the regulated metal, if the material is not sewage biosolids and contains total solids dry weight of 10,000 milligrams of material or more per litre; or

(b) the material has not been subjected to a pathogen treatment process option set out in the Nutrient Management Protocol, if the material is a sewage biosolid. O. Reg. 447/03, s. 48.

TABLE 1
STANDARDS FOR REGULATED METALS IN MATERIALS APPLIED TO LAND THAT ARE SEWAGE BIOSOLIDS

Column 1

Column 2

Column 3

Column 4

Column 5

Regulated Metals

Maximum metal concentration in material to be applied up to 22 tonnes per hectare per five years

Maximum metal concentration in material to be applied up to eight tonnes per hectare per five years

Maximum permissible metal addition to soil receiving non-agricultural source materials

Maximum metal concentration in soils receiving non-agricultural source materials

(mg / Kg of total solids dry weight)

(mg / Kg of total solids dry weight)

(Kg / Ha / 5 Years)

(mg / Kg of Soil, dry weight)

Arsenic

75

170

1.40

14

Cadmium

20

34

0.27

1.6

Cobalt

150

340

2.70

20

Chromium

1,060

2,800

23.30

120

Copper

760

1,700

13.60

100

Mercury

5

11

0.09

0.5

Molybdenum

20

94

0.80

4

Nickel

180

420

3.56

32

Lead

500

1,100

9.00

60

Selenium

14

34

0.27

1.6

Zinc

1,850

4,200

33.00

220

O. Reg. 267/03, Part IX, Table 1; O. Reg. 447/03, s. 49.

TABLE 2
STANDARDS FOR REGULATED METALS IN MATERIALS APPLIED TO LAND THAT ARE NOT SEWAGE BIOSOLIDS

Column 1

Column 2

Column 3

Column 4

Column 5

Regulated Metals

Maximum metal concentration in materials that contain total solids dry weight of less than 10,000 milligrams per litre

Maximum metal concentration in materials that contain total solids dry weight of 10,000 milligrams or more per litre

Maximum permissible metal addition to soil receiving non-agricultural source materials

Maximum metal concentration in soils receiving non-agricultural source materials

(mg of metal / L)

(mg / Kg of total solids dry weight)

(Kg / Ha / 5 Years)

(mg / Kg of Soil, dry weight)

Arsenic

1.70

170

1.40

14

Cadmium

0.34

34

0.27

1.6

Cobalt

3.40

340

2.70

20

Chromium

28

2,800

23.30

120

Copper

17

1,700

13.60

100

Mercury

0.11

11

0.09

0.5

Molybdenum

0.94

94

0.80

4

Nickel

4.20

420

3.56

32

Lead

11

1,100

9.00

60

Selenium

0.34

34

0.27

1.6

Zinc

42

4,200

33.00

220

O. Reg. 447/03, s. 50.

TABLE 3
NON-AGRICULTURAL SOURCE MATERIALS SAMPLING — PARAMETERS AND FREQUENCIES

Column 1

Column 2

Column 3

Column 4

Type of non-agricultural source material

Parameters

Minimum Sampling Frequency

Alternate Minimum Sampling Frequency

Sewage biosolids

    1. total kjeldahl nitrogen

    2. ammonia and ammonium nitrogen

    3. nitrate and nitrite nitrogen

    4. total phosphorus

    5. total solids

    6. volatile solids

    7. regulated metals

    8. E.Coli

For parameters 1 to 8 in Column 2,

For parameters 1 to 8 in Column 2,

(a) for sewage treatment works with an approved design capacity of 45,400 cubic metres or less per day, the person shall collect two samples within 30 days before the application of the material to land and two additional samples within 90 days before the application of the material to land; each sample shall be collected with a minimum interval of two days between the samples collected;

    (a) for sewage treatment works with an approved design capacity of 45,400 cubic metres or less per day, the person shall collect one sample within 30 days before the application of the material to land and one additional sample within 90 days before the application of the material to land, with a minimum interval of two days between each sample;

    (b) for sewage treatment works with an approved design capacity of greater than 45,400 cubic metres per day, the person shall collect no less than two samples per month with a minimum interval of two days between each sample.

    (b) for sewage treatment works with an approved design capacity of greater than 45,400 cubic metres per day, the person shall collect no less than one sample per month with a minimum interval of two days between each sample.

Materials that are not sewage biosolids

    1. total kjeldahl nitrogen

    2. ammonia and ammonium nitrogen

    3. nitrate and nitrite nitrogen

    4. total phosphorus

    5. total solids

    6. volatile solids

    7. regulated metals

For materials having a concentration of total solids of 10,000 milligrams or more per litre,

For materials having a concentration of total solids of 10,000 milligrams or more per litre,

    (a) in relation to generators that generate the material at a rate of 2,500 tonnes dry weight or less per year, the person shall collect two samples within 30 days before the application of the material to land and two additional samples within 90 days before the application of the material to land; each sample shall be collected with a minimum interval of two days between the samples collected;

    (a) in relation to generators that generate the material at a rate of 2,500 tonnes dry weight or less per year, the person shall collect one sample within 30 days before the application of the material to land and one additional sample within 90 days before the application of the material to land, each sample shall be collected with a minimum interval of two days between the samples collected;

    (b) in relation to generators that generate the material at a rate greater than 2,500 tonnes dry weight per year, the person shall collect no less than two samples per month with a minimum interval of two days between the samples collected.

    (b) in relation to generators that generate the material at a rate greater than 2,500 tonnes dry weight per year, the person shall collect no less than one sample per month with a minimum interval of two days between the samples collected.

For materials having a concentration of total solids of less than 10,000 milligrams per litre,

For materials having a concentration of total solids of less than 10,000 milligrams per litre,

    (a) in relation to generators that generate the material at a rate of 250,000 cubic metres or less per year, the person shall collect two samples within 30 days before the application of the material to land and two additional samples within 90 days before the application of the material to land; each sample shall be collected with a minimum interval of two days between the samples collected;

    (a) in relation to generators that generate the material at a rate of 250,000 cubic metres or less per year, the person shall collect one sample within 30 days before the application of the material to land and one additional sample within 90 days before the application of the material to land; each sample shall be collected with a minimum interval of two days between the samples collected;

    (b) in relation to generators that generate the material at a rate greater than 250,000 cubic metres per year, the person shall collect no less than two samples per month; each sample shall be collected with a minimum interval of two days between the samples collected.

    (b) in relation to generators that generate the material at a rate greater than 250,000 cubic metres per year, the person shall collect no less than one sample per month; each sample shall be collected with a minimum interval of two days between the samples collected.

O. Reg. 447/03, s. 51.

PART X
CERTIFICATES AND LICENCES

Certificates Relating to Nutrient Management

Prescribed nutrient management practices

99. The following are prescribed as management practices for the purposes of this Part:

1. Preparing a nutrient management strategy or nutrient management plan for an agricultural operation, both in cases where this Regulation requires an approval for the strategy or plan and where it does not require an approval for the strategy or plan.

2. Preparing a nutrient management strategy for a non-agricultural operation.

3. Reviewing a nutrient management strategy or nutrient management plan for certification under Part IV.

4. Providing training in a management practice described in paragraph 1, 2 or 3.

5. Acting as a broker if,

i. this Regulation requires the generator of the operation from which the broker receives prescribed materials to have a nutrient management strategy to carry out the operation, or

ii. this Regulation requires the operation to which the broker transfers the materials to have a nutrient management plan. O. Reg. 267/03, s. 99; O. Reg. 447/03, s. 52.

Agricultural operation strategy or plan development certificate

100. (1) Before September 30, 2004, no person shall prepare a nutrient management strategy or nutrient management plan for an agricultural operation of which the person is not the owner, the operator or an employee unless the person has attended the training course specified by a Director with respect to preparing a nutrient management strategy or plan for an agricultural operation or has alternate qualifications that a Director considers equivalent. O. Reg. 267/03, s. 100 (1); O. Reg. 447/03, s. 53 (1).

(2) On or after September 30, 2004, no person shall prepare a nutrient management strategy or nutrient management plan for an agricultural operation of which the person is not the owner, the operator or an employee, unless the person holds an agricultural operation strategy or plan development certificate issued under this section. O. Reg. 267/03, s. 100 (2).

(3) Despite subsection (2), a person may prepare a nutrient management strategy or nutrient management plan solely for the purpose of submitting it to a Director for approval. O. Reg. 267/03, s. 100 (3).

(4) A Director shall issue an initial agricultural operation strategy or plan development certificate to an applicant who,

(a) pays the fee, if any, established by the Minister responsible for the administration of clause 6 (2) (c) of the Act;

(b) has successfully completed a course specified by the Director on preparing nutrient management strategies and plans for agricultural operations or has alternate qualifications that the Director considers equivalent;

(c) within one year of making the application, has obtained a passing grade on an examination specified by the Director on preparing nutrient management strategies and plans for agricultural operations; and

(d) has had a Director approve at least two nutrient management plans for an agricultural operation and at least one other nutrient management plan or strategy for an agricultural operation. O. Reg. 267/03, s. 100 (4); O. Reg. 447/03, s. 53 (2).

(5) A Director shall issue a subsequent agricultural operation strategy or plan development certificate to an applicant who,

(a) pays the fee, if any, established by the Minister responsible for the administration of clause 6 (2) (c) of the Act;

(b) holds an initial or subsequent agricultural operation strategy or plan development certificate that a Director has not cancelled; and

(c) within one year of making the application, has obtained a passing grade on an examination specified by the Director on preparing nutrient management strategies and plans for agricultural operations. O. Reg. 267/03, s. 100 (5).

(6) An initial or subsequent agricultural operation strategy or plan development certificate expires on the fifth anniversary of the date on which it is issued. O. Reg. 267/03, s. 100 (6).

Agricultural operation planning certificate

101. (1) On or after December 31, 2005, no person who owns or operates an agricultural operation, for which this Regulation requires an approved nutrient management strategy or nutrient management plan, shall prepare a nutrient management strategy or plan for the operation unless the person holds an agricultural operation planning certificate issued under this section or an agricultural operation strategy or plan development certificate issued under section 100. O. Reg. 267/03, s. 101 (1).

(2) A Director shall issue an initial agricultural operation planning certificate to an applicant who,

(a) pays the fee, if any, established by the Minister responsible for the administration of clause 6 (2) (c) of the Act; and

(b) has successfully completed, within one year of making the application, a course specified by the Director on preparing nutrient management strategies and plans for agricultural operations or has alternate qualifications that the Director considers equivalent. O. Reg. 267/03, s. 101 (2); O. Reg. 447/03, s. 54.

(3) A Director shall issue a subsequent agricultural operation planning certificate to an applicant who,

(a) pays the fee, if any, established by the Minister responsible for the administration of clause 6 (2) (c) of the Act;

(b) holds an initial or subsequent agricultural operation planning certificate that a Director has not cancelled; and

(c) has successfully completed, within one year of making the application, a course specified by the Director on preparing nutrient management strategies and plans for agricultural operations or has alternate qualifications that the Director considers equivalent. O. Reg. 267/03, s. 101 (3).

(4) An initial or subsequent agricultural operation planning certificate expires on the fifth anniversary of the date on which it is issued. O. Reg. 267/03, s. 101 (4).

Agricultural operation simplified planning certificate

102. (1) On or after December 31, 2007, no person who owns or operates an agricultural operation, for which this Regulation does not require an approved nutrient management strategy or nutrient management plan, shall prepare a nutrient management strategy or a nutrient management plan for the operation unless,

(a) the person holds an agricultural operation simplified planning certificate issued under this section, an agricultural operation strategy or plan development certificate issued under section 100 or an agricultural operation planning certificate issued under section 101; or

(b) the person is the owner of the operation and has engaged a manager who is responsible for preparing a nutrient management strategy and a nutrient management plan for the operation and who holds an agricultural operation simplified planning certificate issued under this section, an agricultural operation strategy or plan development certificate issued under section 100 or an agricultural operation planning certificate issued under section 101. O. Reg. 267/03, s. 102 (1).

(2) A Director shall issue an agricultural operation simplified planning certificate to an applicant who,

(a) pays the fee, if any, established by the Minister responsible for the administration of clause 6 (2) (c) of the Act; and

(b) has successfully completed a training course specified by the Director on preparing nutrient management plans and strategies for agricultural operations or has alternate qualifications that the Director considers equivalent. O. Reg. 267/03, s. 102 (2); O. Reg. 447/03, s. 54.

(3) An agricultural operation simplified planning certificate does not expire. O. Reg. 267/03, s. 102 (3).

Non-agricultural operation strategy development certificate

103. (1) Before September 30, 2004, no person shall prepare a nutrient management strategy for a non-agricultural operation unless the person has attended the training course specified by a Director with respect to preparing a nutrient management strategy for a non-agricultural operation. O. Reg. 267/03, s. 103 (1).

(2) On or after September 30, 2004, no person shall prepare a nutrient management strategy for a non-agricultural operation unless the person holds a non-agricultural operation strategy development certificate issued under this section. O. Reg. 267/03, s. 103 (2); O. Reg. 447/03, s. 55 (1).

(3) A Director shall issue an initial non-agricultural operation strategy development certificate to an applicant who,

(a) pays the fee, if any, established by the Minister responsible for the administration of clause 6 (2) (c) of the Act;

(b) has successfully completed a course specified by the Director on preparing nutrient management strategies for non-agricultural operations or has alternate qualifications that the Director considers equivalent; and

(c) within one year of making the application, has obtained a passing grade on an examination specified by the Director on preparing nutrient management strategies for non-agricultural operations. O. Reg. 267/03, s. 103 (3); O. Reg. 447/03, s. 55 (2).

(4) A Director shall issue a subsequent non-agricultural operation strategy development certificate to an applicant who,

(a) pays the fee, if any, established by the Minister responsible for the administration of clause 6 (2) (c) of the Act;

(b) holds an initial or subsequent non-agricultural operation strategy development certificate that a Director has not cancelled; and

(c) within one year of making the application, has obtained a passing grade on an examination specified by the Director on preparing nutrient management strategies for non-agricultural operations. O. Reg. 267/03, s. 103 (4).

(5) An initial or subsequent non-agricultural operation strategy development certificate expires on the fifth anniversary of the date on which it is issued. O. Reg. 267/03, s. 103 (5).

Reviewer certificate

104. (1) On or after December 31, 2005, no person shall review a nutrient management strategy or nutrient management plan for certification under Part IV unless the person holds a reviewer certificate issued under this section. O. Reg. 267/03, s. 104 (1).

(1.1) Subsection (1) does not apply to an employee of the Ministry of Agriculture and Food or the Ministry of the Environment who has been appointed for the purpose of reviewing nutrient management strategies or nutrient management plans under Part IV. O. Reg. 447/03, s. 56.

(2) A Director shall issue an initial reviewer certificate to an applicant who,

(a) pays the fee, if any, established by the Minister responsible for the administration of clause 6 (2) (c) of the Act;

(b) holds an agricultural operation strategy or plan development certificate issued under section 100;

(c) has successfully completed a course specified by the Director on reviewing nutrient management strategies and plans or has alternate qualifications that the Director considers equivalent;

(d) within one year of making the application, has obtained a passing grade on an examination specified by the Director on reviewing nutrient management strategies and plans for certification under Part IV; and

(e) has had no less than 10 nutrient management strategies, nutrient management plans, or a combination of plans and strategies approved by a Director. O. Reg. 267/03, s. 104 (2); O. Reg. 447/03, s. 57.

(3) A Director shall issue a subsequent reviewer certificate to an applicant who,

(a) pays the fee, if any, established by the Minister responsible for the administration of clause 6 (2) (c) of the Act;

(b) holds an initial or subsequent reviewer certificate that a Director has not cancelled; and

(c) within one year of making the application, has obtained a passing grade on an examination specified by the Director on reviewing nutrient management strategies and plans for certification under Part IV. O. Reg. 267/03, s. 104 (3).

(4) An initial or subsequent reviewer certificate expires on the fifth anniversary of the date on which it is issued. O. Reg. 267/03, s. 104 (4).

Trainer certificate

105. (1) On or after December 31, 2006, no person shall provide training in a nutrient management practice described in paragraph 1, 2 or 3 of section 99 unless the person holds a trainer certificate issued under this section. O. Reg. 267/03, s. 105 (1).

(2) Subsection (1) does not apply to employees of the Ministry who are appointed for the purpose of providing training in a nutrient management practice described in paragraph 1, 2 or 3 of section 99. O. Reg. 267/03, s. 105 (2).

(3) A Director shall issue an initial trainer certificate to an applicant who,

(a) pays the fee, if any, established by the Minister responsible for the administration of clause 6 (2) (c) of the Act;

(b) holds a reviewer certificate issued under section 104;

(c) has successfully completed a course specified by the Director on training persons to prepare nutrient management strategies and plans and to review them for certification under Part IV or has alternate qualifications that the Director considers equivalent; and

(d) within one year of making the application, has obtained a passing grade on an examination specified by the Director on training persons to prepare nutrient management strategies and plans and to review them for certification under Part IV. O. Reg. 267/03, s. 105 (3); O. Reg. 447/03, s. 57.

(4) A Director shall issue a subsequent trainer certificate to an applicant who,

(a) pays the fee, if any, established by the Minister responsible for the administration of clause 6 (2) (c) of the Act;

(b) holds an initial or subsequent trainer certificate that a Director has not cancelled; and

(c) within one year of making the application, has obtained a passing grade on an examination specified by the Director on training persons to prepare nutrient management strategies and plans and to review them for certification under Part IV. O. Reg. 267/03, s. 105 (4).

(5) An initial or subsequent trainer certificate expires on the fifth anniversary of the date on which it is issued. O. Reg. 267/03, s. 105 (5).

Broker certificate

106. (1) On or after December 31, 2005, no person shall act as a broker in a transaction described in subsection (1.1) unless the person holds a broker certificate issued under this section. O. Reg. 447/03, s. 58 (1).

(1.1) Subsection (1) applies to a transaction if,

(a) this Regulation requires the generator of the operation from which the broker in the transaction receives prescribed materials to have a nutrient management strategy to carry out the operation; or

(b) this Regulation requires the operation to which the broker in the transaction transfers the materials to have a nutrient management plan. O. Reg. 447/03, s. 58 (1).

(2) A Director shall issue an initial broker certificate to an applicant who,

(a) pays the fee, if any, established by the Minister responsible for the administration of clause 6 (2) (c) of the Act; and

(b) has successfully completed, within one year of making the application, a broker training course specified by the Director or has alternate qualifications that the Director considers equivalent. O. Reg. 267/03, s. 106 (2); O. Reg. 447/03, s. 58 (2, 3).

(3) A Director shall issue a subsequent broker certificate to an applicant who,

(a) pays the fee, if any, established by the Minister responsible for the administration of clause 6 (2) (c) of the Act;

(b) holds an initial or subsequent broker certificate that a Director has not cancelled; and

(c) within one year of making the application, has successfully completed a broker training course specified by the Director. O. Reg. 267/03, s. 106 (3); O. Reg. 447/03, s. 58 (2).

(4) An initial or subsequent broker certificate expires on the fifth anniversary of the date on which it is issued. O. Reg. 267/03, s. 106 (4).

Business Licences

Prescribed materials application business licence

107. (1) On or after December 31, 2005, no person shall engage in the business of applying prescribed materials to the land of a farm unit described in subsection (1.1) unless the person holds a prescribed materials application business licence issued under this section. O. Reg. 447/03, s. 59 (1).

(1.1) Subsection (1) applies to a farm unit, for which this Regulation requires the person who owns or controls the agricultural operation, in the course of which the materials are applied to the land of the farm unit, to have a nutrient management plan. O. Reg. 447/03, s. 59 (1).

(2) A Director shall issue an initial prescribed materials application business licence to an applicant who,

(a) pays the fee, if any, established by the Minister responsible for the administration of clause 6 (2) (e) of the Act; and

(b) has successfully completed, within one year of applying for the licence, a training course specified by the Director on the business of applying prescribed materials to lands or has alternate qualifications that the Director considers equivalent. O. Reg. 267/03, s. 107 (2); O. Reg. 447/03, s. 59 (2).

(3) A Director shall issue a subsequent prescribed materials application business licence to an applicant who,

(a) pays the fee, if any, established by the Minister responsible for the administration of clause 6 (2) (e) of the Act;

(b) holds an initial or subsequent prescribed materials application business licence that a Director has not cancelled; and

(c) within one year of applying for the licence, has successfully completed a training course specified by the Director on the business of applying prescribed materials to lands. O. Reg. 267/03, s. 107 (3).

(4) An initial or subsequent prescribed materials application business licence expires on the fifth anniversary of the date on which it is issued. O. Reg. 267/03, s. 107 (4).

Nutrient application technician licence

108. (1) On or after December 31, 2006, no person shall apply materials containing nutrients to land in the course of an agricultural operation described in subsection (1.1) unless the person holds a nutrient application technician licence issued under this section. O. Reg. 447/03, s. 60 (1).

(1.1) Subsection (1) applies to an agricultural operation of which the person described in that subsection is not the owner, operator or an employee and for which this Regulation requires the person who owns or controls the operation to have a nutrient management plan. O. Reg. 447/03, s. 60 (1).

(2) A Director shall issue an initial nutrient application technician licence to an applicant who,

(a) pays the fee, if any, established by the Minister responsible for the administration of clause 6 (2) (e) of the Act; and

(b) has successfully completed, within one year of applying for the licence, a training course specified by the Director on applying materials containing nutrients to lands or has alternate qualifications that the Director considers equivalent. O. Reg. 267/03, s. 108 (2); O. Reg. 447/03, s. 60 (2).

(3) A Director shall issue a subsequent nutrient application technician licence to an applicant who,

(a) pays the fee, if any, established by the Minister responsible for the administration of clause 6 (2) (e) of the Act;

(b) holds an initial or subsequent nutrient application technician licence that a Director has not cancelled; and

(c) within one year of applying for the licence, has successfully completed a training course specified by the Director on applying materials containing nutrients to lands. O. Reg. 267/03, s. 108 (3).

(4) An initial or subsequent nutrient application technician licence expires on the fifth anniversary of the date on which it is issued. O. Reg. 267/03, s. 108 (4).

General

Cancellation of certificates and licences

109. (1) A Director may, by written notice, amend or cancel a certificate or licence issued under this Part if,

(a) the holder of the certificate or licence, as the case may be, contravenes the Act or regulations or, in the opinion of the Director, has demonstrated incompetence or bad faith in carrying out the activity with respect to which the certificate or licence is issued; and

(b) the Director has given at least 15 days written notice to the holder of the certificate or licence, as the case may be, of the Director’s intention to amend or cancel the certificate or licence. O. Reg. 267/03, s. 109 (1).

(2) A notice issued under clause (1) (b) must provide reasons for the Director’s intention. O. Reg. 267/03, s. 109 (2).

(3) A notice issued under subsection (1) that amends or cancels a certificate or licence must provide reasons for the amendment or cancellation and set out the procedure for appeals under section 9 of the Act. O. Reg. 267/03, s. 109 (3).

PART XI
RECORDS

Duty to keep records

110. (1) Every owner or operator of an operation for which this Regulation requires a nutrient management strategy or nutrient management plan shall keep detailed records of the operation, including the following records:

1. Copies of the nutrient management strategy and the nutrient management plan.

2. The record that the Nutrient Management Protocol requires with respect to the implementation of the nutrient management strategy and the nutrient management plan.

3. The site characterization, if any, that Part VIII requires for the farm unit on which the operation is carried out.

4. The annual report of the operation that subsection (2) requires. O. Reg. 267/03, s. 110 (1).

(2) Every owner or operator of a non-agricultural operation for which this Regulation requires a nutrient management strategy or nutrient management plan shall prepare an annual report on the operation within 60 days after the end of the operation’s financial year that includes the information that the Nutrient Management Protocol requires and shall keep the report as a record. O. Reg. 267/03, s. 110 (2); O. Reg. 447/03, s. 61.

Copy of licences

111. In addition to section 110, a person who holds a certificate or licence under Part X shall keep a copy of it at the location of the person’s operation or business. O. Reg. 267/03, s. 111.

Form of records

112. A person who is required to keep records under section 110 shall,

(a) keep them by means of paper copies, mechanical, electronic or other devices;

(b) take adequate precautions, appropriate to the means used, to guard against the risk of falsification or alteration of the information in the records; and

(c) provides a means for making the information in the records available in an accurate and intelligible form within a reasonable time to any person lawfully entitled to examine the records. O. Reg. 267/03, s. 112.

Location and time for storage

113. (1) A person who is required to keep records under section 110 shall ensure that the records are stored,

(a) at the location of the operation, unless it is not practical to do so; or

(b) at a location that is accessible to the operator of the operation on a 24-hour a day basis, if it is not practical to store the records at the location of the operation. O. Reg. 267/03, s. 113 (1).

(2) The person shall ensure that the records are kept in storage for a period of at least two years from the day on which the nutrient management strategy or the nutrient management plan ceases to be in force. O. Reg. 267/03, s. 113 (2).

Identification numbers for nutrient management strategies and plans

114. (1) If it is necessary, for the purposes of this Regulation, to distinguish between two or more nutrient management strategies or plans, a Director shall assign each of them a unique identification number and advise the person by or for whom the nutrient management strategy or plan was prepared of the identification number. O. Reg. 267/03, s. 114 (1).

(2) If a nutrient management strategy or plan that deals with nutrients provides for the use of another nutrient management strategy or plan for the use or disposal of some or all of the nutrients, the person by or for whom each nutrient management strategy or plan was prepared shall give notice of its identification number assigned under subsection (1) to the person by or for whom the other nutrient management strategy or plan was prepared and the person receiving the notice shall keep a record of the number. O. Reg. 267/03, s. 114 (2).

PART XII
LOCAL ADVISORY COMMITTEES

Definitions

115. In this Part,

“committee” means a local advisory committee. O. Reg. 267/03, s. 115.

Establishment of committees

116. (1) A council of a municipality may, by by-law, establish a committee to address nutrient management issues in the municipality. O. Reg. 267/03, s. 116 (1).

(2) The council shall appoint the members of the committee who shall consist of not fewer than five persons. O. Reg. 267/03, s. 116 (2).

(3) The members of the committee shall be residents of the municipality and the council shall ensure that they have knowledge of nutrient management practices. O. Reg. 267/03, s. 116 (3).

(4) A majority of the members of the committee shall be persons who are farmers or who represent an agricultural operation located in the municipality. O. Reg. 267/03, s. 116 (4).

(5) At least one member of the committee shall be a person who is not a farmer or a representative of an agricultural operation. O. Reg. 267/03, s. 116 (5).

(6) At least one member of the committee shall be a member of the council or an employee of the municipality. O. Reg. 267/03, s. 116 (6).

Operation of committees

117. (1) The council of the municipality that establishes a committee shall appoint a chair and one or more vice-chairs from among the members of the committee. O. Reg. 267/03, s. 117 (1).

(2) The committee shall adopt rules of procedure to facilitate its activities and the rules must be consistent with the Local Advisory Committee Protocol. O. Reg. 267/03, s. 117 (2).

(3) The members of the committee shall follow the rules of procedure that apply to the activities of the committee. O. Reg. 267/03, s. 117 (3).

Mediation

118. (1) A member of a committee may mediate disputes in connection with the following matters that involve the management of materials containing nutrients on lands if the council of the municipality that established the committee is satisfied that the member has knowledge of mediation practices:

1. Matters that a resident of the municipality reports to the municipality and that do not amount to a contravention of the Act, the Environmental Protection Act, the Ontario Water Resources Act or the Safe Drinking Water Act, 2002.

2. Matters that are reported to the Minister of Agriculture and Food or the Minister of the Environment and that either of those Ministers refers to the committee. O. Reg. 267/03, s. 118 (1).

(2) The Minister of Agriculture and Food and the Minister of the Environment may delegate, to persons whom they authorize, their power under paragraph 2 of subsection (1) to refer matters to a committee. O. Reg. 267/03, s. 118 (2).

(3) The Minister of Agriculture and Food, the Minister of the Environment and their authorized delegates may use their statutory discretion when referring matters to a committee. O. Reg. 267/03, s. 118 (3).

(4) If a member of a committee who is assigned to mediate a matter in dispute under this section has, either on his or her own behalf or while acting for, by, with or through another, has a pecuniary interest in the matter, whether direct or indirect as described in section 2 of the Municipal Conflict of Interest Act, the member,

(a) shall, before beginning to mediate the dispute, disclose to all parties the interest and the general nature of it; and

(b) shall not proceed to mediate any question in respect of the matter unless all parties agree to having the mediation proceed. O. Reg. 267/03, s. 118 (4).

(5) If a Director or a provincial officer advises a member of a committee who is mediating a matter in dispute under this section that the matter involves a contravention of the Act, the Environmental Protection Act, the Ontario Water Resources Act or the Safe Drinking Water Act, 2002, the member shall suspend the mediation until the alleged contraventions have been dealt with in accordance with the applicable legislation. O. Reg. 267/03, s. 118 (5).

(6) Subject to the requirements of the Municipal Freedom of Information and Protection of Privacy Act and other applicable legislation, a member of a committee who conducts a mediation under this section shall do so on a confidential basis. O. Reg. 267/03, s. 118 (6).

(7) A member of a committee who acts as a mediator of a dispute under this section shall not provide advice that might be regarded as legal advice to any of the parties to the dispute or their representatives. O. Reg. 267/03, s. 118 (7).

(8) The outcome of a mediation of a dispute under this section does not relieve any of the parties to the dispute of the responsibility to comply with the requirements of any Act that governs the management of materials containing nutrients. O. Reg. 267/03, s. 118 (8).

Education

119. A committee or its members may engage in activities designed to educate people about matters related to the management of materials containing nutrients and for that purpose may consult with representatives of the Ministry of Agriculture and Food and the Ministry of the Environment regarding the presentation and content of educational seminars. O. Reg. 267/03, s. 119.

Consultation

120. (1) In carrying out its powers or duties, subject to subsection (2), a committee or its members may consult with representatives of the municipality that established the committee with respect to issues related to the management of materials containing nutrients, including site plan or building permit issues. O. Reg. 267/03, s. 120 (1).

(2) A committee or its members shall not participate in any way in evaluating, approving or endorsing nutrient management strategies or nutrient management plans. O. Reg. 267/03, s. 120 (2).

Reports to clerk of municipality

121. The by-law of the municipality that establishes a committee may require the chair of the committee to provide reports about the committee’s activities to the clerk of the municipality at the times that the by-law specifies. O. Reg. 267/03, s. 121.

122. Omitted (provides for coming into force of provisions of the English version of this Regulation). O. Reg. 267/03, s. 122.