O. Reg. 508/21: GENERAL

filed June 30, 2021 under Nutrient Management Act, 2002, S.O. 2002, c. 4

ontario regulation 508/21

made under the

Nutrient Management Act, 2002

Made: June 30, 2021
Filed: June 30, 2021
Published on e-Laws: June 30, 2021
Printed in The Ontario Gazette: July 17, 2021

Amending O. Reg. 267/03

(GENERAL)

1. (1) Paragraph 5 of the definition of “agricultural source materials” in subsection 1 (1) of Ontario Regulation 267/03 is revoked and the following substituted:

5. Anaerobic digestion output, other than restricted anaerobic digestion output, if

i. the anaerobic digestion materials were treated in a mixed anaerobic digestion facility,

ii. at least 50 per cent, by volume, of the total amount of anaerobic digestion materials were on-farm anaerobic digestion materials, and

iii. the anaerobic digestion materials did not contain sewage biosolids or human body waste.

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

“anaerobic digestion materials reception system” means any system or building used to receive off-farm anaerobic digestion materials or on-farm anaerobic digestion materials that are fruit, vegetables or plant materials from the production and processing of fruit or vegetables, for treatment in a regulated mixed anaerobic digestion facility; (“système de réception de matières destinées à la digestion anaérobie”)

“anaerobic digestion materials transfer system” means a system used to move any off-farm anaerobic digestion materials or on-farm anaerobic digestion materials that are fruit, vegetables or plant materials from the production and processing of fruit or vegetables, from one component to another of a regulated mixed anaerobic digestion facility, but does not include a vehicle used to transport the materials; (“système de transfert de matières destinées à la digestion anaérobie”)

“anaerobic digestion vessel” means a vessel that is a component of a regulated mixed anaerobic digestion facility where the treatment of anaerobic digestion materials through time and temperature occurs, but does not include any vessel used exclusively to heat materials before treatment pursuant to subsection 98.9 (2); (“cuve de digestion anaérobie”)

“biogas upgrading system” means the biogas upgrader and any associated gas treatment equipment; (“système de valorisation de biogas”)

“feedstock system” means any of the following for receiving and handling off-farm anaerobic digestion materials or on-farm anaerobic digestion materials that are fruit, vegetables or plant materials from the production and processing of fruit or vegetables, prior to the materials going into the anaerobic digestion vessel, whether used independently or in conjunction with each other to form a larger feedstock system:

1. An anaerobic digestion materials reception system.

2. A facility for the storage of the materials.

3. A pre-treatment system.

4. An anaerobic digestion materials transfer system; (“système de matières premières”)

“pre-treatment system” means a system used for separation, cleaning, chopping, mixing, thermal treatment and other size reduction and temperature treatments of off-farm anaerobic digestion materials or on-farm anaerobic digestion materials that are fruit, vegetables or plant materials from the production and processing of fruit or vegetables; (“système de prétraitement”)

“restricted anaerobic digestion output” means material described in subsection (1.2); (“matières issues de la digestion anaérobie limitée”)

“source separated organics” means organic waste that has been separated from other waste under a program operated by or for a municipality; (“matières organiques séparées à la source”)

(3) The definition of “intermediate operation” in subsection 1 (1) of the Regulation is amended by adding “or that mixes anaerobic digestion materials in a regulated mixed anaerobic digestion facility” at the end.

(4) The definition of “non-agricultural source materials” in subsection 1 (1) of the Regulation is amended by adding the following paragraph:

3.1 Restricted anaerobic digestion output.

(5) The definition of “regulated mixed anaerobic digestion facility” in subsection 1 (1) of the Regulation is revoked and the following substituted:

“regulated mixed anaerobic digestion facility” means a mixed anaerobic digestion facility that is regulated under Part IX.1 that,

(a) is not subject to an environmental compliance approval issued in respect of an activity mentioned in subsection 27 (1) of the Environmental Protection Act,

(b) is not subject to a renewable energy approval issued under the Environmental Protection Act in respect of an anaerobic digestion facility,

(d) is composed of an anaerobic digestion vessel and any of the following components:

(i) any area of land used for the unloading of anaerobic digestion materials for introduction into a feedstock system,

(ii) any gas combustion system for biogas generated by the facility where the system satisfies the conditions in subsection (1.1),

(iii) any biogas upgrading system for biogas generated by the facility where the system satisfies the conditions in subsection (1.1),

(iv) any solid and liquid separator used for separating anaerobic digestion output,

(v) any gas storage,

(vi) any system for heating anaerobic digestion materials or anaerobic digestion output,

(vii) any gas pressure relief device,

(viii) any secondary gas burning facility,

(ix) any feedstock system,

(x) any odour control system for managing odour emissions from the facility, and

(xi) any other component that the professional engineer includes in their design specification for the facility in order to meet the requirements of this Regulation; (“digesteur anaérobie mixte réglementé”)

(6) The definition of “Sampling and Analysis Protocol” in subsection 1 (1) of the Regulation is amended by striking out “Ministry of the Environment” and substituting “Ministry of the Environment, Conservation and Parks” and by striking out “July 25, 2012”at the end and substituting “July 1, 2021”.

(7) Section 1 of the Regulation is amended by adding the following subsections:

(1.1) The processing of biogas in a biogas upgrading system or the combustion of biogas in a gas combustion system is prescribed as an agricultural activity conducted on agricultural land for the purpose of the definition of “agricultural operation” in section 2 of the Act where the following conditions are met:

1. The biogas upgrading system or gas combustion system is located on agricultural land and is part of a regulated mixed anaerobic digestion facility.

2. The biogas upgrading system or gas combustion system is located on the same land acquired under a single transfer as defined in the Land Registration Reform Act as the other components of the regulated mixed anaerobic digestion facility of which it is a part, or on an adjacent piece of land acquired under a single transfer as defined in the Land Registration Reform Act, as long as the upgrading system or combustion system is located within one kilometre of every anaerobic digestion vessel which generates the biogas that is fed into the upgrading system or combustion system.

3. Every regulated mixed anaerobic digestion facility which provides biogas for processing in the biogas upgrading system or for combustion in a gas combustion system must be owned or controlled by the same person.

4. The biogas upgrading system and the gas combustion system must be used for biogas generated exclusively by a facility described in paragraph 3.

(1.2) For the purposes of the definition of “restricted anaerobic digestion output” in subsection (1), restricted anaerobic digestion output material is anaerobic digestion output resulting from the treatment of materials on an agricultural operation that treats materials through mixed anaerobic digestion in a regulated mixed anaerobic digestion facility on a farm unit that receives, in the preceding 12-month period, more than 10,000 cubic metres of off-farm anaerobic digestion materials or any materials listed in Schedule 2B, where the output resulted from the treatment of any of the following:

1. Off-farm anaerobic digestion materials received in contravention of paragraph 1, 1.1, 1.3, 1.4 or 1.6 of subsection 98.4 (1) or section 98.5 (1).

2. Anaerobic digestion materials that contain sewage biosolids or human body waste.

3. Anaerobic digestion materials that do not meet the requirements of paragraph 3 of subsection 98.8 (1), subsection 98.8 (2), paragraphs 2 to 6 of subsection 98.9 (1) or subsection 98.9 (2), (2.1), (2.2), (3) or (4).

2. Subsection 6 (1) of the Regulation is revoked and the following substituted:

Application of Regulation

(1) This Regulation, except for sections 52.6, 98.11, 98.12, 98.12.1, subsection 98.6.3 (3) and Part IX.2, does not apply to a farm unit if the number of farm animals on the farm unit is not sufficient to generate more than five nutrient units of manure annually.

3. Subsections 10 (1) and (2) of the Regulation are revoked and the following substituted:

Compliance with strategy

(1) A person who owns or controls an agricultural operation to which this section applies shall ensure that prescribed materials that are generated, prescribed materials that are received, and anaerobic digestion materials that are managed on a farm unit in the course of the operation are managed in accordance with a nutrient management strategy that is in force with respect to the operation and the farm unit.

(2) No person shall manage prescribed materials that are generated, prescribed materials that are received and anaerobic digestion materials that are managed on a farm unit in the course of an agricultural operation to which this section applies except in accordance with a nutrient management strategy that is in force with respect to the operation and the farm unit.

4. Section 15 of the Regulation is amended by adding the following subsection:

(4) Unless there is already an existing nutrient management plan under this section, section 14 applies to an agricultural operation that treats materials through mixed anaerobic digestion in a regulated mixed anaerobic digestion facility on a farm unit the day the regulated mixed anaerobic digestion facility receives more than 10,000 cubic metres of off-farm anaerobic digestion materials in the preceding 12-month period, or any materials listed in Schedule 2B.

5. Subsection 17 (1) of the Regulation is amended by adding the following clause:

(b.3) must contain an odour management plan where one is required by this Regulation;

6. Section 22 of the Regulation is amended by adding the following subsection:

(5.1) If the person who owns or controls an agricultural operation treats materials through mixed anaerobic digestion in a regulated mixed anaerobic digestion facility, the strategy ceases to be in force on the day on which more than 10,000 cubic metres of off-farm anaerobic digestion materials have been received in the preceding 12-month period, unless the strategy contemplates receiving more than 10,000 cubic metres of off-farm anaerobic digestion materials in any 12-month period and the person who owns or controls the land on which the operation is carried out has submitted the strategy to a Director for approval.

(5.2) If the person who owns or controls an agricultural operation treats materials through mixed anaerobic digestion in a regulated mixed anaerobic digestion facility, the strategy ceases to be in force on the day on which any materials listed in Schedule 2B are received, unless the strategy contemplates receiving materials listed in Schedule 2B and the person who owns or controls the land on which the operation is carried out has submitted the strategy to a Director for approval.

(5.3) If the person who owns or controls an agricultural operation treats materials through mixed anaerobic digestion in a regulated mixed anaerobic digestion facility commences the construction or expansion of an anaerobic digestion vessel, the strategy ceases to be in force on the day on which the person commences the construction or expansion, unless the strategy contemplates the construction or expansion and the person has submitted the strategy to a Director for approval.

7. Section 22.1 of the Regulation is amended by adding the following subsection:

(1.1) This section does not apply where section 22 applies.

8. Subsection 30 (1) of the Regulation is amended by striking out “subsection 22 (2), (3), (4), or (5)” and substituting “subsection 22 (2), (3), (4), (5), (5.1), (5.2) or (5.3)”.

9. Section 62.1 of the Regulation is amended by adding the following subsection:

(2.1) Despite subsection (2), this Part applies to a permanent nutrient storage facility that,

(a) is located on a farm unit on which an agricultural operation treats materials through mixed anaerobic digestion in a regulated mixed anaerobic digestion facility that receives more than 10,000 cubic metres of off-farm anaerobic digestion materials in any 12-month period; and

(b) is used to store solid manure as on-farm anaerobic digestion materials received from one or more agricultural operations that are located on a farm unit other than the farm unit where the regulated mixed anaerobic digestion facility is located.

(2.2) Despite subsection (2), this Part applies to a storage facility that,

(a) is part of a regulated mixed anaerobic digestion facility that receives more than 10,000 cubic metres of off-farm anaerobic digestion materials in any 12-month period; and

(b) is used to store either or both of,

(i) off-farm anaerobic digestion materials, or

(ii) on-farm anaerobic digestion materials that are fruit, vegetables or plant materials from the production and processing of fruit or vegetables.

10. Section 62.2 of the Regulation is revoked and the following substituted:

Facilities for storage of anaerobic digestion materials

62.2 (1) When an operation is required to have a nutrient management strategy because it treats anaerobic digestion materials through mixed anaerobic digestion in a regulated mixed anaerobic digestion facility,

(a) every reference in this Part to a permanent nutrient storage facility shall be read as including a reference to a facility for the storage of off-farm anaerobic digestion materials and to an anaerobic digestion vessel that are components of the regulated mixed anaerobic digestion facility;

(b) every reference in this Part to a permanent nutrient storage facility shall be read as including a reference to a facility for the storage of on-farm materials that are fruit, vegetables or plant materials from the production and processing of fruit or vegetables that is a component of the regulated mixed anaerobic digestion facility where more than 10,000 cubic metresof off-farm anaerobic digestion materials was received at the farm unit where the regulated mixed anaerobic digestion facility is located in any preceding 12-month period; and

(c) the provisions of this Part that relate to a permanent liquid nutrient storage facility and a permanent solid nutrient storage facility apply, with necessary modifications, to the facilities described in clauses (a) and (b).

(2) Despite subsection (1), an anaerobic digestion vessel and any facility for the storage of off-farm or on-farm anaerobic digestion materials is not a permanent nutrient storage facility for the purposes of subsection 69 (1) and subsection 71 (1).

11. Section 63 of the Regulation is amended by adding the following subsections:

(1.1) Despite clauses (1) (c) and (d), if an operation is required to have a nutrient management strategy because it treats materials through mixed anaerobic digestion in a regulated mixed anaerobic digestion facility, no person shall construct or expand a facility for the storage of off-farm anaerobic digestion materials, an anaerobic digestion vessel, or a facility for the storage of on-farm materials that are fruit, vegetables or plant materials from the production and processing of fruit or vegetables used on a farm unit in the course of the operation, if the facility is located within 90 metres of a well other than a well described in clause (1) (a) or (b).

(1.2) The reference in subsection (1.1) to a facility for the storage of on-farm materials that are fruit, vegetables or plant materials from the production and processing of fruit or vegetables applies where more than 10,000 cubic metres of off-farm anaerobic digestion materials was received at the farm unit where the regulated mixed anaerobic digestion facility is located in any preceding 12-month period.

12. (1) Clause 71 (1) (a) of the Regulation is revoked and the following substituted:

(a) a professional engineer designs the construction or expansion, including any associated monitoring systems, in accordance with the requirements of this Regulation, and signs a commitment certificate prepared in a form and manner specified by a Director by which the engineer undertakes to comply with those requirements;

(2) Subsections 71 (3) and (4) of the Regulation are revoked and the following substituted:

(3) No person shall construct or expand a regulated mixed anaerobic digestion facility on a farm unit in the course of an agricultural operation unless,

(a) a professional engineer,

(i) designs the construction or expansion of the facility in accordance with the requirements of this Regulation,

(ii) designs the facility to provide for the transfer of materials into a facility for the storage of anaerobic digestion materials and from that storage facility to the anaerobic digestion vessel so that odour emissions are minimized, if materials listed in Schedule 2A or 2B will be treated at the facility,

(iii) designs the construction or expansion of the facility to minimize leakage, to minimize corrosion and to be structurally safe and sound,

(iv) designs the construction or expansion of the facility to minimize the discharge of noise from it,

(v) ensures that the facility is designed to manage non-combusted biogas,

(vi) performs a general review of the construction or expansion to ensure that it complies with this Part, and

(vii) signs a commitment certificate prepared in a form and manner specified by a Director by which the engineer undertakes to design the construction or expansion of the facility in accordance with the requirements of this Regulation and to inspect the construction or expansion on completion to ensure that it complies with this Regulation; and

(b) the construction or expansion complies with the professional engineer’s design and this Part.

13. Section 80 of the Regulation is amended by adding the following subsection:

(3) Clauses (1) (b) and (c) do not apply with respect to a permanent nutrient storage facility described in subsection 62.1 (2.1) or a storage facility described in subsection 62.1 (2.2).

14. Section 98.1 of the Regulation is revoked and the following substituted:

Application to mixed materials

98.1 (1) For the purposes of this Part, if materials listed in Schedule 1, 2A, 2B or 3 are mixed the resulting material shall be treated for all purposes as a material in the Schedule with the highest number.

(2) For the purposes of subsection (1), Schedule 2B shall be considered to be a higher number than Schedule 2A.

(3) A reference in this Part to “Schedule 2” includes both Schedule 2A and Schedule 2B.

15. Section 98.2 of the Regulation is amended by adding the following subsection:

(2) Every person who operates a regulated mixed anaerobic digestion facility shall do so in accordance with the manufacturer’s specifications unless otherwise specified by the professional engineer.

16. Subsections 98.2.1 (3), (4) and (5) of the Regulation are revoked and the following substituted:

(3) Clause (1) (a) does not apply between a component of the regulated mixed anaerobic digestion facility and a dwelling that is located on the same property as the component of the regulated mixed anaerobic digestion facility.

(4) Clause (1) (c) does not apply between a component of the regulated mixed anaerobic digestion facility and a commercial, community or institutional use that is located on the same property as the component of the regulated mixed anaerobic digestion facility.

(5) Subject to subsections 98.4 (2) to (15), no person shall operate a regulated mixed anaerobic digestion facility constructed on or after July 1, 2021 that does not meet the setbacks described in subsections 98.2.1 (1) and (2).

(6) In this section,

“property” means land acquired under a single transfer as defined in the Land Registration Reform Act.

17. (1) Paragraph 1.2 of section 98.4 of the Regulation is revoked and the following substituted:

1.2 Materials that are listed in paragraph 4 of Schedule 2A,

i. must not have been removed from the facility where the wastewater is treated more than 10 days before being received at the agricultural operation, and

ii. must be transferred using a means that minimizes odour emissions, if an offensive odour would otherwise be detectable beyond the farm unit on which the materials are received.

1.3 Materials that are listed in Schedule 1, Schedule 2A or Schedule 2B must not have a content of plastic that exceeds 0.5 per cent of the material, calculated on a dry weight basis.

1.4 Materials that are listed in Schedule 2B must be received in a form that can flow through a hose.

1.5 Materials that are listed in Schedule 2B must not be received unless permitted under subsection (2) or (5).

1.6 Materials that are listed in Schedule 2B must meet the following requirements:

i. They must come from a facility with,

A. an environmental compliance approval that was issued in respect of an activity in subsection 27(1) of the Environmental Protection Act and that was issued or amended on or after July 1, 2021, or

B. a renewable energy approval issued under the Environmental Protection Act in respect of an activity for which, in the absence of subsection 47.3 (2) of that Act, subsection 27 (1) of that Act would require an environmental compliance approval and that was issued or amended on or after July 1, 2021.

ii. The environmental compliance approval or the renewable energy approval must permit the facility subject to the approval to generate off-farm anaerobic digestion materials for regulated mixed anaerobic digestion facilities.

iii. The environmental compliance approval or the renewable energy approval must require that all bags and packaging be removed from the materials.

iv. The environmental compliance approval or the renewable energy approval must require systems, facilities and equipment to be designed and operated to minimize the production of plastics with lengths of less than 5 millimetres.

v. The environmental compliance approval or the renewable energy approval must require that the plastics in the off-farm anaerobic digestion materials do not exceed 0.5 per cent of the material, calculated on a dry weight basis.

vi. The environmental compliance approval or the renewable energy approval must require that the off-farm anaerobic digestion materials not contain particles of any material that will not pass through a screen whose largest opening has an area of 2.5 square centimetres.

(2) Paragraph 5 of section 98.4 of the Regulation is amended by striking out “year” at the end and substituting “12-month period”.

(3) Section 98.4 of the Regulation is amended by adding the following subsections:

(2) Despite subsection (1), where a regulated mixed anaerobic digestion facility is constructed on or after July 1, 2021 and has at least a 450-metre setback from a dwelling, residential area or commercial, community or institutional use, or was constructed before July 1, 2021 and has not expanded in a manner that decreases the setback that existed on June 30, 2021 to less than 450 metres or, where the setback was less than 450 metres on June 30, 2021, has not expanded in a manner that decreases the setback that existed on June 30, 2021, and the off-farm anaerobic digestion materials are received in a feedstock system in an enclosed building that is maintained under negative air pressure, the person,

(a) may receive no more than 400 cubic metres of off-farm anaerobic digestion materials, other than farm feed, at the operation on any day;

(b) may receive no more than 40,000 cubic metres of off-farm anaerobic digestion materials, including farm feed that is intended for treatment in the regulated mixed anaerobic digestion facility, in any 12-month period; and

(3) For the purposes of subsection (2), where a regulated mixed anaerobic digestion facility is constructed on or after July 1, 2021, or where a facility constructed after that date is expanded, the location of the dwelling, residential area or commercial, community or institutional use shall be determined as of the date on which the person who owns or controls the land on which the agricultural operation is carried out submits an application for a building permit under the Building Code Act, 1992 with respect to the construction or expansion of the regulated mixed anaerobic digestion facility, or, if a building permit in respect of such construction or expansion would be required under the Building Code Act, 1992 but for the application of clause 1.3.1.1. (1) (b) of Division C of the Building Code, the date on which such construction or expansion is commenced.

(4) For the purposes of subsection (2), in the case of the addition of a component to a regulated mixed anaerobic digestion facility that does not require a building permit, the location of the dwelling, residential area or commercial, community or institutional use shall be determined as of the date on which the component is installed as part of the facility.

(5) Despite subsection (1), if the regulated mixed anaerobic digestion facility is a regulated mixed anaerobic digestion facility described in subsection (6), the person,

(a) may receive no more than 400 cubic metres of off-farm anaerobic digestion materials, other than farm feed, at the operation on any day;

(6) Subsection (5) applies with respect to a regulated mixed anaerobic digestion facility that has at least a 450-metre setback from a dwelling, residential area or commercial, community or institutional use, that does not receive all off-farm anaerobic digestion materials in a feedstock system in an enclosed building that is maintained under negative air pressure, but that receives material using one or more of the following methods:

1. In the case of material received in a form that can flow through a hose, the materials are received through a hose into a closed feedstock system.

2. In the case of solid materials that are not materials listed in Schedule 2B, the materials are received,

i. in a feedstock system that is maintained under negative air pressure when closed and is open only during the receipt of the materials, no more than four times per day, and where each opening does not exceed 20 minutes, or

ii. in a feedstock system that is designed and operated to maintain negative air pressure when open.

3. In the case of both liquid and solid materials, the materials are received in a feedstock system in an enclosed building that is maintained under negative air pressure.

(7) For the purposes of subsection (6), in the case of a regulated mixed anaerobic digestion facility constructed or expanded before July 1, 2021 the location of the dwelling, residential area or commercial, community or institutional use shall be determined as of June 30, 2021.

(8) For the purposes of subsection (6), in the case of a regulated mixed anaerobic digestion facility constructed or expanded on or after July 1, 2021, the location of the dwelling, residential area or commercial, community or institutional use shall be determined as of the date on which the person who owns or controls the land on which the agricultural operation is carried out submits an application for a building permit under the Building Code Act, 1992 with respect to the construction or expansion of the facility, or, if a building permit in respect of such construction or expansion would be required under the Building Code Act, 1992 but for the application of clause 1.3.1.1. (1) (b) of Division C of the Building Code, the date on which such construction or expansion is commenced.

(9) For the purposes of subsection (6), in the case of the addition of a component to a regulated mixed anaerobic digestion facility that does not require a building permit, the location of the dwelling, residential area or commercial, community or institutional use shall be determined as of the date on which the component is installed as part of the facility.

(10) Despite subsection (1), if a regulated mixed anaerobic digestion facility is a regulated mixed anaerobic digestion facility described in subsection (11), the person,

(a) may receive no more than 200 cubic metres of off-farm anaerobic digestion materials, other than farm feed, at the operation on any day;

(b) may receive no more than 15,000 cubic metres of off-farm anaerobic digestion materials, including farm feed that is intended for treatment in the regulated mixed anaerobic digestion facility, in any 12-month period; and

(11) Subsection (10) applies with respect to a regulated mixed anaerobic digestion facility built before July 1, 2021,

(a) with a setback of less than 450 metres from any dwelling, residential area and commercial, community or institutional use, that has not expanded on or after July 1, 2021 in a manner that decreases the setbacks that existed on June 30, 2021;

(b) that has not expanded on or after July 1, 2021 so that any setback that was greater than 450 metres on June 30, 2021 is decreased to less than 450 metres; and

(c) that does not receive all off-farm anaerobic digestion materials in a feedstock system in an enclosed building that is maintained under negative air pressure, but receives materials using one or more of the following methods:

(i) in the case of materials received in a form that can flow through a hose, the materials are received through a hose into a closed feedstock system.

(ii) in the case of solid materials, the materials are received,

(A) in a feedstock system that is maintained under negative air pressure when closed and is open only during the receipt of the materials, no more than four times per day, and where each opening does not exceed 20 minutes, or

(B) in a feedstock system that is designed and operated to maintain negative air pressure when open.

(iii) in the case of both liquid and solid materials, the materials are received in a feedstock system in an enclosed building that is maintained under negative air pressure.

(12) Subject to subsection (13), no person shall receive on-farm anaerobic digestion materials that are fruit, vegetables or plant materials from the production and processing of fruit or vegetables on a farm unit on which an agricultural operation is carried out for treatment in a regulated mixed anaerobic digestion facility except into the feedstock system for the regulated mixed anaerobic digestion facility.

(13) Subsection (12) applies where more than 10,000 cubic metresof off-farm anaerobic digestion materials were received at the farm unit in the preceding 12-month period.

(14) The setbacks in this section do not apply between a component of the regulated mixed anaerobic digestion facility and a dwelling, or commercial, community or institutional use if the dwelling or commercial, community or institutional use is located on the same property as the component of the regulated mixed anaerobic digestion facility.

(15) In this section,

“property” means land acquired under a single transfer as defined in the Land Registration Reform Act.

18. The Regulation is amended by adding the following section:

Source separated organics

98.4.1 (1) The person who owns or controls an agricultural operation that treats off-farm anaerobic digestion materials through mixed anaerobic digestion in a regulated mixed anaerobic digestion facility located on a farm unit on which the agricultural operation is carried out shall ensure that no source separated organics are received for mixed anaerobic digestion unless the person has received a written statement prepared by the municipality where the source separated organics were collected,

(a) stating that the source separated organics are listed in Schedule 2B; and

(b) listing the materials that are not accepted in the source separated organics stream of the municipal collection system.

(2) The person must receive the statement described in subsection (1) before the first occasion that the person receives the source separated organics collected by the municipality.

(3) A municipality that has provided a statement described in subsection (1) shall provide notice to the person who owns or controls the regulated mixed anaerobic digestion facility where there is intended to be a change in the materials accepted in the source separated organics stream of the municipal collection system, specifying the nature of the change.

19. (1) Paragraphs 1, 2 and 3 of subsection 98.5 (2) of the Regulation are revoked and the following substituted:

1. It is the first time that the person receives materials supplied by that particular supplier.

2. The person has previously obtained results with respect to materials from a supplier and the person has received 1,000 cubic metres of materials, inclusive of materials that are about to be received, supplied by that supplier since the last time the person obtained results from that supplier, not including materials sent to another facility under subsection (7).

3. More than 12 months have passed since the last time the person obtained results from that supplier.

(2) Section 98.5 of the Regulation is amended by adding the following subsection:

(7) Despite anything else in this section, where a person has obtained an analysis described in subsection (2) and, based on the analysis, could have accepted the materials but is unable to for a reason unrelated to the analysis, a single truckload of the materials may be received by another farm unit on which an agricultural operation is carried out for treatment in a regulated mixed anaerobic digestion facility, as long as the person who owns or controls the agricultural operation to which the materials are being sent obtains the analysis in subsection (2) before receiving the materials.

20. The Regulation is amended by adding the following section:

Sampling for plastic and particle size

98.5.1 (1) No person shall receive off-farm anaerobic digestion materials listed in Schedule 2B on a farm unit on which an agricultural operation is carried out for treatment in a regulated mixed anaerobic digestion facility unless the person obtains the results of an analysis of the materials in accordance with this section, and the analysis indicates compliance with paragraphs 1.1 and 1.3 of subsection 98.4 (1).

(2) A person who receives off-farm anaerobic digestion materials listed in Schedule 2B shall obtain results of an analysis of the materials in each of the following circumstances:

1. It is the first time that the person receives materials supplied by that particular operator of a facility described in paragraph 1.6 of subsection 98.4 (1).

2. The person has previously obtained results with respect to materials from an operator of a facility and the person has received 1,000 cubic metres of materials, inclusive of materials that are about to be received, supplied by that operator since the last time the person obtained results from that operator, not including materials sent to another facility under subsection (5).

3. More than 12 months have passed since the last time the person obtained results from that operator.

(3) The results of an analysis of the materials must be from a sample that has been collected within 14 days before the materials are to be received and each sample of the materials must be analyzed for its content of plastic on a dry weight basis and for particles of any material that will not pass through a screen whose largest opening has an area of 2.5 square centimetres in accordance with the methods specified in the Sampling and Analysis Protocol.

(4) The operator of the facility described in paragraph 1.6 of subsection 98.4 (1) that supplies the materials listed in Schedule 2B shall ensure that when the person receives the materials from the operator, the person also receives the results of the analysis required by this section.

(5) Despite anything else in this section, where a person has obtained an analysis described in subsection (2) and, based on the analysis, could have accepted the materials but is unable to for a reason unrelated to the analysis, a single truckload of the materials may be received by another farm unit on which an agricultural operation is carried out for treatment in a regulated mixed anaerobic digestion facility, as long as the person who owns or controls the agricultural operation to which the materials are being sent obtains the analysis in subsection (2) before receiving the materials.

21. (1) Paragraph 1 of section 98.6 of the Regulation is revoked:

(2) Section 98.6 of the Regulation is amended by adding the following subsections:

(2) In the case of a regulated mixed anaerobic digestion facility that receives more than 10,000 cubic metresof off-farm anaerobic digestion materials in the preceding 12-month period, all manure that is received from another farm unit that is intended for treatment in the facility must be stored in a permanent nutrient storage facility that was constructed after June 30, 2003 in accordance with the requirements of this Regulation that were in force at the time the storage facility was constructed.

(3) No person shall store off-farm anaerobic digestion materials or on-farm anaerobic digestion materials that are fruit, vegetables or plant materials from the production and processing of fruit or vegetables on a farm unit on which an agricultural operation is carried out for treatment in a regulated mixed anaerobic digestion facility except in a storage facility that is part of a feedstock system.

(4) No person shall store off-farm anaerobic digestion materials or on-farm anaerobic digestion materials that are fruit, vegetables or plant materials from the production and processing of fruit or vegetables on a farm unit on which an agricultural operation is carried out for treatment in a regulated mixed anaerobic digestion facility except in a storage facility constructed after June 30, 2003 and constructed according to the rules for permanent nutrient storage facilities set out in Part VIII that were in force at the time the storage facility was constructed.

(5) Subsections (3) and (4) apply where more than 10,000 cubic metresof off-farm anaerobic digestion materials were received in the preceding 12-month period.

22. The Regulation is amended by adding the following sections:

Odour management rules

98.6.1 (1) This section applies to a person who owns or controls a regulated mixed anaerobic digestion facility that,

(a) has received more than 10,000 cubic metres of off-farm anaerobic digestion materials in the preceding 12-month period; or

(b) has received materials listed in Schedule 2B in the preceding 12-month period.

(2) Where this section applies to a person pursuant to clause (1) (a), this section applies for a minimum of 12 months.

(3) A person to whom this section applies shall ensure that an odour management plan is prepared with respect to the regulated mixed anaerobic digestion facility by a professional engineer, and that the plan is implemented.

(4) The professional engineer preparing an odour management plan shall do so in accordance with the requirements of this Regulation and have regard to the most recent version of the documents known as “Best Management Practices for Industrial Sources of Odour” and “Odour Guidance for On-farm Anaerobic Digestion” available on a website of the Government of Ontario.

(5) The odour management plan must contain, at a minimum, the following:

1. A description of the regulated mixed anaerobic digestion facility, and the types of off-farm and on-farm anaerobic digestion materials anticipated to be received.

2. A map or diagram of the regulated mixed anaerobic digestion facility and other odour sources on the farm unit, likely odour receptors, prevailing wind direction, and physical or geographic features that may impact air movement.

3. An identification of each source of odour emission and potential odour emission at the regulated mixed anaerobic digestion facility and, for each source so identified,

i. a description of the odour, including cause, type, strength, and frequency,

ii. potential causes for increases in the odour emission and potential odour emission, and risk factors that might cause increases,

iii. a description of odour control measures including systems and operations used to prevent or minimize the odour emission and potential odour emission,

iv. identification of any additional measures including systems, and operations that could be implemented to control each odour emission and potential odour emission, including the trigger or likely cause for use of the additional measure, frequency, and duration that the additional measure may be applied, and

v. inspection and monitoring procedures, including the equipment’s service and maintenance schedules.

4. An odour contingency plan to address any problems with the regulated mixed anaerobic digestion facility that could lead to odours.

5. A training program for all odour management operations that require staff training.

6. A complaints response plan that outlines procedures that will be taken for receiving and responding to public complaints, including requirements to,

i. record the date of the complaint,

ii. describe the complaint,

iii. assess the regulated mixed anaerobic digestion facility in light of the complaint and identify actions necessary to respond to the complaint, and

iv. describe the actions taken in response to the complaint.

(6) The odour management plan must be signed by the person to whom this section applies.

(7) Despite section 28.1, the person to whom this section applies shall ensure that the odour management plan is updated by a professional engineer,

(a) when changes are made to systems and operations provided for in the plan;

(b) when changes are made to the types of off-farm or on-farm anaerobic digestion materials treated in the regulated mixed anaerobic digestion facility; and

(8) A professional engineer who prepares or updates an odour management plan shall prepare and sign a statement confirming the professional engineer has reviewed the odour management plan and is satisfied that the plan has been prepared in accordance with this section.

Odour control system

98.6.2 (1) A person to whom section 98.6.1 applies shall ensure that the regulated mixed anaerobic digestion facility has an odour control system that is designed and operated in accordance with the following:

1. The odour control system and its operating specifications must be designed by a professional engineer.

2. The odour control system must be of sufficient size to treat all the odour emissions from the feedstock system.

3. All of the odour emissions from the feedstock system must be delivered to and treated in the odour control system.

4. The operating specifications for the odour control system must be kept at the site of the regulated mixed anaerobic digestion facility.

5. The operating specifications for the odour control system must identify the records to be kept by the operator of the regulated mixed anaerobic digestion facility.

6. The odour control system must be operated in accordance with its operating specifications.

(2) Paragraphs 4 to 8 of subsection 98.6 (1) do not apply where the person is required to comply with this section.

Significant odour emission

98.6.3 (1) No person shall operate a regulated mixed anaerobic digestion facility in a manner that generates a significant odour emission uncharacteristic of an agricultural operation that does not have a regulated mixed anaerobic digestion facility.

(2) This section applies to the following regulated mixed anaerobic digestion facilities:

1. Facilities constructed on or after July 1, 2021.

2. Facilities that have received more than 10,000 cubic metresof off-farm anaerobic digestion materials in any 12-month period.

3. Facilities that have received materials listed in Schedule 2B.

(3) No person shall store on or apply to the land of a farm unit in the course of an agricultural operation any anaerobic digestion output that comes from a regulated mixed anaerobic digestion facility described in subsection (2) in a manner that generates a significant odour emission uncharacteristic of an agricultural operation that does not store anaerobic digestion output or apply anaerobic digestion output to land.

23. (1) Clause 98.7 (1) (a) of the Regulation is revoked and the following substituted:

(a) the facility is equipped with, connected to or has access to one or more gas combustion systems or biogas upgrading systems that are collectively capable of consuming the equivalent of 110 per cent of the biogas that the facility can generate;

(2) Subsection 98.7 (4) of the Regulation is amended by striking out “Subject to subsection (5), if” at the beginning and substituting “If”.

(3) Section 98.7 (5) of the Regulation is revoked and the following substituted:

(5) If the regulated mixed anaerobic digestion facility receives more than 10,000 cubic metresof off-farm anaerobic materials in the preceding 12-month period or if it receives materials listed in Schedule 2B in the preceding 12-month period,

(a) the secondary gas burning facility must be a high efficiency flare that meets the following requirements:

(i) the flare must be designed by a professional engineer, and

(ii) the flare must be sized by the professional engineer to consume 110% of the biogas production capacity of the facility; and

(b) any biogas or renewable natural gas that is not used, consumed or removed from the facility must be disposed of in the flare described in clause (a).

24. (1) The portion of section 98.8 of the Regulation before paragraph 1 is struck out and the following substituted:

(1) No person shall treat on-farm anaerobic digestion materials in a regulated mixed anaerobic digestion facility on a farm unit on which no livestock operation is carried out unless the materials meet the following criteria:

. . . . .

(2) Section 98.8 of the Regulation is amended by adding the following subsection:

(2) No person shall treat on-farm anaerobic digestion materials in a regulated mixed anaerobic digestion facility on a farm unit on which livestock operations are carried out unless the materials meet the criteria in paragraph 3 of subsection (1).

25. (1) Subparagraph 1 ii of subsection 98.9 (1) of the Regulation is revoked and the following substituted:

ii. off-farm anaerobic digestion materials that are received in accordance with sections 98.4, 98.4.1, 98.5, and 98.5.1.

(2) Paragraphs 3 and 4 of subsection 98.9 (1) of the Regulation are revoked and the following substituted:

3. At all times at least 50 per cent, by volume, of the total amount of anaerobic digestion materials that are being treated in anaerobic digestion vessels in the facility must be on-farm anaerobic digestion materials.

4. At all times, the total amount of manure being treated in the anaerobic digestion vessels in the facility must be,

i. at least 50 per cent, by volume, of the total amount of off-farm anaerobic digestion materials being treated, and

ii. at least 5 per cent by volume of the total amount of on-farm and off-farm anaerobic digestion materials being treated.

4.1 Until the requirements set out in paragraphs 3 and 4 are met in a single anaerobic digestion vessel, material may not be removed from an anaerobic digestion vessel, except for treatment in another anaerobic digestion vessel.

(3) Section 98.9 of the Regulation is amended by adding the following subsections:

(2.1) In the case of materials listed in Schedule 2B, the heating under subsection (2) must take place at the regulated mixed anaerobic digestion facility.

(2.2) In the case of materials listed in Schedule 2B, when the material is introduced into a vessel for the heating required under subsection (2), the material must have a dry matter content of less than 18 per cent and have a slump of more than 150 millimetres using the Test Method for the Determination of Liquid Waste (slump test) set out in Schedule 9 of Regulation 347 of the Revised Regulations of Ontario, 1990 (General — Waste Management) made under the Environmental Protection Act.

(2.3) Despite paragraph 8 of subsection (1), a regulated mixed anaerobic digestion facility that receives more than 10,000 cubic metres of off-farm anaerobic digestion materials in any 12-month period or any material listed in Schedule 2B must have two devices for monitoring the actual temperature at which the materials are being heated in accordance with subsection (2), if that heating takes place in the facility, with those two devices being located separately to ensure the taking of representative temperature measurements.

(2.4) A regulated mixed anaerobic digestion facility that receives more than 10,000 cubic metres of off-farm anaerobic digestion materials in any 12-month period or any materials listed in Schedule 2B must have a means by which a sample can be taken that represents the contents of the anaerobic digestion vessel before the material in the vessel enter into the storage for anaerobic digestion output.

26. (1) Clause 98.11 (1) (b) of the Regulation is revoked and the following substituted:

(b) to all agricultural operations.

(2) Subsection 98.11 (2) of the Regulation is amended by adding the following paragraph:

5. The anaerobic digestion output must not result from the treatment of anaerobic digestion materials that include materials listed in Schedule 3. 

(3) Section 98.11 of the Regulation is amended by adding the following subsections:

(3) Despite subsection (2), no person shall apply anaerobic digestion output that falls within the definition of agricultural source material and that results from the treatment of anaerobic digestion materials that include materials listed in Schedule 2B in a regulated mixed anaerobic digestion facility to land on a farm unit on which an agricultural operation is carried out if,

(a) the output’s content of glass, metallic objects, plastic and other foreign objects exceeds 2 per cent, calculated on a dry weight basis;

(b) the output’s content of plastic exceeds 0.5 per cent, calculated on a dry weight basis;

(c) the output’s content of a regulated metal exceeds the maximum concentrations set out in column 2 or 3, as applicable, of Table 2 of Schedule 5; or

(d) the output’s content of E. coli exceeds the maximum E. coli levels set out in column 2 of Table 3 of Schedule 6 if it is material containing less than 1 per cent total solids, wet weight or column 3 of Table 3 of Schedule 6, if it is material containing 1 per cent or more total solids, wet weight.

(4) Despite anything else in this Regulation, no person shall apply anaerobic digestion output that falls within the definition of agricultural source material and that results from the treatment of anaerobic digestion materials that include materials listed in Schedule 2B in a regulated mixed anaerobic digestion facility to land on a farm unit on which an agricultural operation is carried out unless at least one of the following conditions is satisfied:

1. In the case of solid or liquid ASM, the amount of total organic matter as defined in subsection 98.0.6 (2) is more than 15 per cent calculated on a dry weight basis.

2. In the case of solid or liquid ASM it is used to increase the soil pH value.

3. In the case of solid ASM, the total concentration of plant available nitrogen, plant available phosphate and plant available potassium, determined in accordance with the Sampling and Analysis Protocol, is more than 13,000 milligrams per kilogram of the ASM, calculated on a dry weight basis.

4. In the case of liquid ASM, the total concentration of plant available nitrogen, plant available phosphate and plant available potassium is more than 140 milligrams per litre of the ASM.

5. In the case of liquid ASM, the condition set out in paragraph 4 is not satisfied but the liquid ASM is an aqueous solution or suspension containing more than 99 per cent water by weight and is used to irrigate crops during the period that begins on June 15 and ends on September 30 of the same year.

(5) If testing is carried out to determine whether the anaerobic digestion output to be applied to land meets the standards in subsections (3) and (4), it must be carried out in accordance with the following rules:

1. Testing must be carried out in accordance with the Sampling and Analysis Protocol.

2. Every sample collected for analysis must be a composite sample.

(6) No person shall apply anaerobic digestion output that falls within the definition of agricultural source material to land on a farm unit on which an agricultural operation is carried out except in accordance with the rules in subsection (7), if,

(a) a nutrient management plan is not required for the farm unit on which the agricultural operation is carried out; and

(b) the anaerobic digestion output is received from a regulated mixed anaerobic digestion facility located on an agricultural operation located on a farm unit that received more than 10,000 cubic metres of off-farm anaerobic digestion materials or any material listed in Schedule 2B in the preceding 12-month period.

(7) The following are the rules for the purposes of subsection (6):

1. The application must occur at a rate such that the total plant available phosphate in all prescribed materials that are applied to the land per hectare during any consecutive five-year period does not exceed the greater of,

i. the crop production requirements per hectare for that five-year period plus 85 kilograms of phosphate per hectare, and

ii. the phosphate removed from the land per hectare in the harvested portion of the crop during that five-year period plus 390 kilograms of phosphate per hectare.

2. The application must occur at a rate such that the total plant available nitrogen in all prescribed materials that are applied to the land per hectare does not exceed 200 kilograms of plant available nitrogen per hectare in any 12-month period.

(8) For the purposes of paragraph 2 of subsection (7), the total plant available nitrogen is the sum resulting from the following calculation:

(ammonia and ammonium nitrogen) + (nitrite and nitrate nitrogen) + (0.3) (organic nitrogen)

where,

organic nitrogen = Kjeldahl nitrogen – (ammonia and ammonium nitrogen).

27. Subsections 98.12 (1) and (2) of the Regulation are revoked and the following substituted:

(1) No person shall apply anaerobic digestion output that is from a mixed anaerobic digestion facility that is not a regulated mixed anaerobic digestion facility to land on a farm unit on which an agricultural operation is carried out except in accordance with the nutrient management plan that is in force with respect to the operation and the farm unit.

(2) No person shall apply anaerobic digestion output that is from a mixed anaerobic digestion facility that is not a regulated mixed anaerobic digestion facility to land on a farm unit on which an agricultural operation is carried out except in accordance with the following rules:

i. the crop production requirements per hectare for that five-year period plus 85 kilograms of phosphate per hectare, and

ii. the phosphate removed from the land per hectare in the harvested portion of the crop during that five-year period plus 390 kilograms of phosphate per hectare.

(2.1) Subsection (1) applies to land on a farm unit on which an agricultural operation is carried out if a nutrient management plan is required for the agricultural operation carried out on the farm unit, and subsection (2) applies to all other land on a farm unit on which an agricultural operation is carried out.

28. The Regulation is amended by adding the following sections:

Clean-out material

98.12.1 (1) No person shall apply clean-out material from a regulated mixed anaerobic digestion facility described in subsection (2) to land on a farm unit on which an agricultural operation is carried out except in accordance with the following rules:

1. Any clean-out material to be applied to land must be tested in accordance with subsection (3) and the most recent results of an analysis conducted must show that the clean-out material to be applied to land meets the following standards:

i. The glass, metallic objects, plastic and other foreign objects in the material do not exceed 2 per cent calculated on a dry weight basis.

ii. The plastic content does not exceed 0.5 per cent calculated on a dry weight basis.

2. The application must be carried out in accordance with section 98.11.

(2) The regulated mixed anaerobic digestion facility referred to in subsection (1) is a regulated mixed anaerobic digestion facility on a farm unit that receives more than 10,000 cubic metres of off-farm anaerobic digestion materials in any 12-month period or any materials listed in Schedule 2B, where the clean-out material has not been removed from the anaerobic digestion vessel since the most recent receipt of this amount or type of material.

(3) Testing to determine whether the clean-out material intended to be applied to land meets the standards in paragraph 1 of subsection (1) must be carried out in accordance with the following rules:

1. Testing must be carried out in accordance with the Sampling and Analysis Protocol.

2. Every sample collected for analysis must be a composite sample.

(4) Clean-out material that may not be applied to land under this section, or that is not intended for land application, must be removed from the farm unit.

(5) In this section,

“clean-out material” means anaerobic digestion output material that has been removed from an anaerobic digestion vessel due to floating or settling of the material and that has been recovered as part of maintenance of the anaerobic digestion vessel.

29. (1) Subparagraph 2 i of subsection 98.13 (1) of the Regulation is revoked and the following substituted:

i. the name and address of the supplier,

(2) Subsection 98.13 (1) of the Regulation is amended by adding the following paragraphs:

3.1 The results of the analyses carried out in accordance with section 98.5.1.

3.2 In the case of a regulated mixed anaerobic digestion facility that receives more than 10,000 cubic metresof off-farm anaerobic digestion materials in the 12-month period preceding the date when the materials are heated under 98.9 (2), or any materials listed in Schedule 2B in the preceding 12-month period, a record of results showing time and temperature of heating described in subsection 98.9 (2) that took place on the farm unit, with the results being graphed or kept in a form that is capable of being graphed.

. . . . .

5.1 Records of complaints made in accordance with paragraph 6 of subsection 98.6.1 (5).

5.2 Records showing how the person met the requirements of the operating specifications for the odour control system required by section 98.6.2.

5.3 Records showing the results of the analysis required under section 98.12.1.

(3) Subsection 98.13 (2) of the Regulation is amended by striking out “sections 112 and 113” and substituting “section 112 and subsection 113 (1)”.

(4) Section 98.13 of the Regulation is amended by adding the following subsections:

(3) A record required to be kept under this section must be kept for at least two years from the day it is made.

(4) The person responsible for keeping the records is also responsible for ensuring that they are made and collected.

30. Clause 98.18 (a) of the Regulation is revoked and the following substituted:

(a) a professional engineer designs the establishment, construction, alteration or expansion of the vegetated filter strip system in accordance with the requirements of this Regulation;

31. Schedules 1, 2 and 3 to the Regulation are revoked and the following substituted:

Schedule 1
Off-Farm anaerobic digestion material

1. The materials listed for the purposes of this Schedule are the materials listed in Schedule 1 of the document of the Ministry of Environment, Conservation and Parks and the Ministry of Agriculture, Food and Rural Affairs entitled “Off-Farm Anaerobic Digestion Materials Protocol” originally dated July 1, 2021, as amended from time to time.

Schedule 2A
Off-Farm anaerobic digestion materials, lIMITED

1. The materials listed for the purposes of this Schedule are the materials listed in Schedule 2A of the document of the Ministry of Environment, Conservation and Parks and the Ministry of Agriculture, Food and Rural Affairs entitled “Off-Farm Anaerobic Digestion Materials Protocol” originally dated July 1, 2021, as amended from time to time.

Schedule 2B
OFF-FARM ANAEROBIC DIGESTION MATERIALS, FURTHER LIMITED

1. The materials listed for the purposes of this Schedule are the materials listed in Schedule 2B of the document of the Ministry of Environment, Conservation and Parks and the Ministry of Agriculture, Food and Rural Affairs entitled “Off-Farm Anaerobic Digestion Materials Protocol” originally dated July 1, 2021, as amended from time to time.

Schedule 3
Materials not acceptable for use in A Regulated Mixed anaerobic digestion Facility

1. The materials listed for the purposes of this Schedule are the materials listed in Schedule 3 of the document of the Ministry of Environment, Conservation and Parks and the Ministry of Agriculture, Food and Rural Affairs entitled “Off-Farm Anaerobic Digestion Materials Protocol” originally dated July 1, 2021, as amended from time to time.

Commencement

32. This Regulation comes into force on the later of July 1, 2021 and the day it is filed.

Français

O. Reg. 508/21: GENERAL

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