Non-agricultural source materials (NASM)
Learn about materials that are generated from non-agricultural sources and applied to agricultural land to provide a beneficial use. This technical information is for Ontario producers.
Overview
Non-agricultural source material (NASM) is material generated from non-agricultural sources (which may or not undergo treatment) and is applied to agricultural land to provide a beneficial use. Examples of NASM include:
- leaf and yard waste
- fruit and vegetable peels
- food processing waste
- pulp and paper biosolids and sewage biosolids
A full list of materials that are considered NASM is found in Schedule 4 of O. Reg. 267/03, of the Nutrient Management Act, 2002, (NMA).
NASM does not include compost that meets the standards for Category AA or A as outlined in Part II of the Ontario Compost Quality Standards. It also does not include untreated septage or commercial fertilizers.
NASM requirements under O. Reg. 267/03
O. Reg. 267/03, under the NMA, provides the rules for the storage, sampling, analysis and land application of NASM. It includes rules about the:
- sampling and analysis of NASM and soil receiving NASM
- quality of the NASM that can be land applied, ensuring it meets strict criteria and is beneficial to the soil
- land application of NASM, including setback distances and restrictions on the method and timing of land application based on NASM qualities, site characteristics, time of year, as well as application rate rules based on crop requirements
- siting, design, construction and management of NASM storage facilities
- requirement for the preparation of a NASM Plan by a qualified party for certain types of NASM
Benefits of using NASM
NASM has been applied to Ontario farmland for over 30 years. Land application of NASM provides organic matter that helps maintain soil productivity, reduces soil erosion and adds valuable nutrients to soil for crop uptake. Some NASM is also land applied for irrigation purposes or to adjust soil pH. Public health and the environment are protected when NASM is applied according to Ontario’s rules and guidelines.
NASM provides an additional cost-effective option for improving soil quality and for fertilizing crops. For example, the nutrients supplied by the application of NASM reduces or completely eliminates the amount of fertilizer that has to be purchased by the farmer. Applying NASM to agricultural land keeps these materials out of landfills, extending their use and recycles nutrients in a beneficial and responsible manner.
NASM categories
The regulation establishes consistent standards and requirements for generating and managing NASM. The standards focus on the nature of the material being land applied, ensuring it meets strict criteria and provides a benefit to the farmer.
NASM is classified under 1 of 3 categories. The NASM in each of the categories can be applied to agricultural land by providing valuable nutrients to soil and crops and potentially saving farms money:
- Category 1: unprocessed plant material (for example, vegetable culls, leaf and yard waste that has not been composted)
- Category 2: processed plant material (for example, organic waste matter that contains no meat or fish and is derived from food processing at a bakery)
- Category 3: animal-based NASM (for example, organic residual material from meat processing plant, pulp and paper biosolids and municipal sewage biosolids)
On-farm storage and land application standards vary based on the NASM category and other characteristics (for example, solids content, odour potential, metal levels and pathogen content) of the NASM.
NASM cannot be land applied under the NMA if it has:
- content of a regulated metal exceeds CM2 NASM standards
- content of E. coli exceeds CP2 NASM standards
- odour detection threshold exceeds that of OC3
The Ministry of Agriculture, Food and Rural Affairs (OMAFRA) fact sheet, Determining odour categories of non-agricultural source materials describes the 3 methods used to classify NASM into odour categories.
Land application standards
There are a number of land application standards and rules that ensure NASM is land applied in an environmentally responsible way. This includes required practices and limits on where, when and how much NASM can be applied in a particular situation. While these are legal requirements, they are also best management practices that allow the farmer to use NASM while protecting the land and water from potentially harmful environmental impacts.
Except for Category 1, NASM that is applied to a field at a rate of 20 tonnes per hectare or less during a calendar year, must be tested for soil pH, phosphorus and the concentration levels of 11 regulated metals. Testing ensures the soil is ready to receive larger volumes of Category 1, Category 2 or Category 3 NASM.
When applying NASM to land, setbacks from sensitive features (such as wells, surface water and neighbouring homes and businesses) must be maintained. Land characteristics (such as proximity to surface water, slopes and the depth of soil above bedrock and the water table) can limit the application of NASM. Sometimes NASM must be incorporated into the soil to minimize the risks of nuisance odours and runoff from the field. Rules restricting land application activities also apply during specified soil conditions (when saturated) and at certain times of the year (winter).
Application rates of NASM is restricted by the:
- source and characteristics of the NASM
- characteristics of the field and the associated soil
- types of crops grown on that field
Some crops are better suited for receiving NASM than others. There are mandatory pre-harvest and pre-grazing waiting periods for certain crops and livestock.
NASM plan requirements
For Category 2 and Category 3 NASM, land application activities and standards must be documented in a NASM plan prepared by a certified NASM plan developer for an owner or operator of an agricultural operation.
A NASM plan is a legal document that demonstrates the application of NASM will be done in accordance with O. Reg. 267/03. It identifies site-specific information (for example, the type and source of the NASM, sensitive features, soil analysis) and demonstrates that the proposed application area(s) and application rates of NASM and other nutrients are in accordance with applicable rules and are appropriate for the crops being grown. It also includes a contingency plan that outlines what will be done in the event of an emergency, such as a spill.
NASM plans for Category 2 and Category 3 must be approved by, or registered with the OMAFRA.
| Category | NASM plan requirement |
|---|---|
| 2 | A NASM plan is required and must be registered with OMAFRA, if only related to the land application of “CM1” NASM materials. Any on-farm storage of category 2 NASM (such as “CM1 or “CM2”) or land application of “CM2” NASM material require an approved NASM plan. |
| 3 | Storage and land application of all Category 3 NASM require an approved NASM plan |
OMAFRA notifies the local municipality (lower or single tier) when a NASM plan is approved for an application site in their jurisdiction. The notification is sent to the municipal clerk.
A NASM plan is not required for the storage or land application of Category 1 NASM regardless of the volume of NASM involved, but the on-farm storage and land application must comply with applicable regulatory requirements. For example, unless Category 1 NASM is land applied at a rate of less than 20 wet tonnes per hectare, in any 12-month period, their maximum application rates may be limited by the same agronomic principles and restrictions that apply to Category 2 or Category 3 NASM. It maybe limited by plant available nitrogen or phosphate of the NASM, whichever is the most restrictive, taking into consideration phosphorus concentration in soil.
NASM plans must be prepared by a certified NASM plan developer, and must comply with the nutrient management regulation and the nutrient management protocol, the NASM odour guide and the sampling and analysis protocol.
A certified NASM plan developer is a person who holds a valid NASM Plan Development Certificate issued by OMAFRA. To obtain this certificate, individuals must take specific training courses, successfully complete an assignment and pass an exam. Visit the University of Guelph Ridgetown Campus website for more information about the NASM Plan Development Certificate.
NASM plan developers may use a software program, AgriSuite (previously named NMAN) to help develop NASM plans. AgriSuite helps to set out application practices that balance agronomics with environmental stewardship.
NASM plan developers play a vital role in ensuring that the management of NASM follows all the rules and any best management practices the farmer wants to implement.
NASM generator responsibilities
You are a NASM generator if you own or control an operation that produces NASM. This includes intermediate generators that own or control an operation that processes various materials to produce a NASM. For example, a company that receives and mixes 2 different food plant washwaters is a NASM generator.
NASM must meet at least 1 of the 5 beneficial use criteria (for example, minimum nutrient value) as well as all quality standards (for example, maximum trace element concentration) specified in O. Reg. 267/03 to be considered acceptable for application as NASM to agricultural land. Except for Category 1 NASM that is applied to land at a rate of less than 20 tonne wet weight per hectare per calendar year, generators must sample and analyze their NASM and provide these results to the farm operation that is receiving the NASM. The results must demonstrate the NASM meets the regulatory requirements. Read the NASM testing requirements section in the document, Analysis requirements for non-agricultural source materials and refer to Part IX of O. Reg. 267/03 and the sampling and analysis protocol for more detailed information. For example, the regulation contains rules regarding the sampling and analysis of sewage biosolids (Sections 98.0.2 to 98.0.5).
Transporting NASM
Unless transported from the owner or owner’s representative of the farm operation receiving the NASM, NASM must be transported by a party with an appropriate Environmental Compliance Approval (ECA) or by a party that is registered as a waste transportation system under the Environmental Activity Sector Registry (EASR) regulation, O. Reg. 351/12. Contact the Ministry of Environment, Conservation and Parks (MECP) for more information about these options. Haulers are required to carry a copy of either their approval or registration document in their vehicle.
Category 2 and Category 3 NASM can only be transported to an agricultural operation that has a valid NASM plan prepared by a certified NASM plan developer.
Applying NASM to agricultural land
Only a business with a Prescribed Materials Application Business (PMAB) Licence and a person with a Nutrient Application Technician Licence can apply NASM to land that is included in a NASM plan or a nutrient management plan (NMP), unless the person applying the NASM is the owner, operator or employee of the farm operation.
On-farm storage
Liquid NASM may be stored in a portable tank to supply land application equipment, but the portable tank must be emptied by midnight of any day that it is being used.
If liquid or solid NASM with an odour category of OC1 or OC2 needs to be stored at an agricultural operation for more than 24 hours before land application, it must be kept in either a NASM storage facility that meets the requirements of O. Reg. 267/03 or a structure approved under the Environmental Protection Act, 1990 (EPA).
A NASM storage facility can be a permanent nutrient storage facility or temporary field nutrient storage site under O. Reg. 267/03.
OC3 NASM is normally land applied the day it is received at the farm, as it cannot be stored on farm past midnight unless the storage facility is approved under the EPA.
O. Reg. 267/03 also restricts the storage of OC1 and OC2 dewatered municipal sewage biosolids to 10 days at a temporary field nutrient storage site.
NASM stored in a NASM storage facility cannot be transferred to another farm unit, while NASM stored in a structure approved under the EPA can be transferred to other farm units.
The MECP provides more information on the storage of NASM in a facility approved under the EPA. You can also contact the local MECP office.
Permanent storage facilities
For NASM to be stored in a permanent storage facility under O. Reg. 267/03, the storage must have been constructed after June 30, 2003 and meet all applicable construction and siting requirements.
These facilities typically include engineered earthen, steel and concrete structures. Rules and standards for permanent NASM storage facilities depend on the NASM category, its dry matter (solid) content and the size of the facility if solid NASM is stored.
The OMAFRA fact sheet, Storage of non-agricultural source materials (NASM) in a permanent nutrient storage facility, provides more information on the requirements for the permanent storage of NASM.
Temporary field nutrient storage site
Only solid NASM can be stored in a temporary field nutrient storage site. There is a procedure to determine the maximum number of days, if any, that material can be stored in a temporary field nutrient storage site. The OMAFRA fact sheet, Temporary field storage of non-agricultural source material provides information on if, and for how long, NASM can be stored at a specific temporary field nutrient storage site.
Farm owner/operator’s responsibilities
Unless only receiving Category 1 NASM for application to an agricultural operation’s fields at a maximum rate of 20 wet tonnes per hectare per calendar year, you must meet the NASM plan requirements.
Review and update the NASM plan on or before February 15 in each year to ensure that it is up to date, as required under section 28.1 of O. Reg. 267/03.
Whether storing or land applying NASM, keep records as required under section 110 of O. Reg. 267/03 and the NASM plan approval document, where applicable. Refer to sections 112 and 113 for the form and storage requirements of these records.
Follow the required post-land application practices, such as adhering to the pre-harvest and pre-grazing waiting periods for crops and livestock, which may be indicated in any document associated with a NASM plan (for example, land application schedule).
Ensure that advance written notice (section 52.10 of O. Reg. 267/03) is provided to the local district office of the MECP if you are applying Category 2 or Category 3 NASM.
Administration and enforcement
The NMA and O. Reg. 267/03 are administered by OMAFRA and MECP. Environmental protection is a top priority for both ministries.
While OMAFRA is responsible for the approvals, training, certification and education activities required for the safe application of NASM, MECP is responsible for enforcing compliance with O. Reg. 267/03.
MECP conducts proactive inspections and responds to complaints related to NASM land application and storage activities to ensure compliance with the regulation and protection of the environment. If an adverse effect occurs or if a discharge impairs water quality, the Environmental Protection Act, 1990 and/or the Ontario Water Resources Act, 1990 may apply. Any concerns about compliance with legal requirements under the NMA and its regulations can be directed to MECP, using the online reporting tool or by calling
For information about compliance and enforcement, visit MECP’s website, or call
Resources
For more specific information about sewage biosolids, which can be beneficially used as a NASM:
- Sewage biosolids: managing urban nutrients responsibly for crop production
- Application of Municipal Sewage Biosolids to Cropland
The University of Guelph, Ridgetown Campus provides information on nutrient management courses and certification and access to directories of certified businesses and persons under O. Reg. 267/03.
Disclaimer
The information in this document is provided for informational purposes only and should not be relied upon to determine legal obligations. To determine your legal obligations, consult the relevant law. If legal advice is required, consult a lawyer. In the event of a conflict between the information in this fact sheet and any applicable law, the law prevails.