Chapter 6: Guidance for preparing the Design and Operations Report

1. Purpose of the Design and Operations Report

The Design and Operations Report is required as part of a complete submission for all renewable energy projects that require an REA with the exception of Class 2 wind projects (those with name plate capacity greater than 3 kW and less than 50 kW). Due to the relative simplicity of Class 2 wind projects, these only require description in the Project Description Report (PDR).

The Design and Operations Report is the principal document where the details of a renewable energy generation facility are presented. It builds on the PDR by defining:

• The exact site plan;
• The design of the facility and the equipment to be used;
• How the facility will be operated;
• How environmental effects will be monitored and mitigated; and
• How emergencies and communications will be managed.

The contents of the report should support the description of negative environmental effects that will or are likely to occur presented in the PDR.

It should be noted that when completing the Design and Operations Report it is the applicant’s responsibility to demonstrate compliance with the regulation. The manner in which a project meets the specific requirements that pertain to it must be clearly conveyed in the figures, tables, and text of the report. In addition to this, it is the applicant’s responsibility to ensure all information provided is accurate. If elements of the report are found to be unclear or inaccurate, this may form the basis of the Ministry of Environment and Climate Change(MOECC) determining the application to be incomplete, requesting further reports or not approving the project.

An additional function of the Design and Operations Report is to act as an information tool for municipal, public and Aboriginal consultation. A draft report must be made available to all municipalities (upper and lower tier) in which the project is located at least 90 days prior to the final public meeting in accordance with section 18 of O. Reg. 359/09. The public must also be provided with a draft report at least 60 days prior to the final public consultation meeting for the renewable energy project in accordance with section 16 of O. Reg. 359/09. It should be noted that the following facility classes do not require applicants to hold public meetings:

• Class 2 wind facility;
• Class 1 or 2 anaerobic digestion facility;
• Class 1 thermal treatment facility, if the generating unit of the facility is located at a farm operation; and
• Class 2 thermal treatment facility.

In these cases (except Class 2 wind, which doesn’t require a Design and Operations Report), the draft report should be provided to all municipalities (upper and lower tier) at least 30 days prior to submitting an application for an REA.

Upon submitting a complete application, the final copy of the Design and Operations Report must be posted to the applicant’s website, if one exists, within 10 days of a proposal notice being posted to the Environmental Registry as required by section 15.1 of O. Reg. 359/09. See section 10.3.1 of Chapter 1 for more information on this requirement.

1.1. Outline of Report Contents

Specific content required for a complete Design and Operations Report is given in Table 1 of O. Reg. 359/09. For reference, the pertinent rows of the table are reprinted in section 10 of this Chapter. While the structure of the Design and Operations Report is at the applicant’s discretion, the following key components must be incorporated:

1. Site Plan
2. Facility Design Plan
3. Facility Operational Plan
4. Environmental Effects Monitoring Plan (EEMP)
5. Emergency Response and Communications Plans

Whatever structure is chosen to organize these contents, the report must be clear and contain all required information.

1.2. Chapter Organization

The guidance provided in this Chapter is organized according to the key report components listed above. Sections 2, 3, and 4 describe what should be included in the site plan, facility design plan, and facility operations plan. Section 5 then provides additional detail on project activities that require specific direction, including water takings, sewage/storm water management, discharges to air, and waste and biomass management equipment. Section 6 provides additional information on technology-specific considerations in preparing the site plan, facility design plan, and facility operations plan. Sections 7 and 8 describe the Environmental Effects Monitoring Plan, and the Emergency Response and Communications Plans, respectively. Section 9 provides additional considerations if the project is located in a specified land use planning area.

1.3. Integration of Additional Reports

Depending on the type of renewable energy project and the details of the proposal, additional reports may be required for a complete REA application. These reports include:

• Archaeological Assessment Report
• Effluent Management Plan Report
• Emission Summary and Dispersion Modelling Report
• Environmental Impact Study Report
• Heritage Assessment Report
• Hydrogeological Assessment Report
• Natural Heritage Assessment Report
• Noise Study Report
• Odour Study Report
• Property Line Setback Assessment Report
• Water Assessment Report
• A supplementary report documenting any additional mitigation measures when encroaching on the setbacks described in subsections 39 (2) and 40 (2)
• Wind Specification Report

The required content of the additional reports is outlined in various sections and Table 1 of O. Reg. 359/09. Guidance on preparing these reports is contained in Chapter 9 of this Guide. Although these reports are not contained within the Design and Operations Report, they will contain details that contribute to its content. For instance, the description of natural features required in the site plan may be contained in a Natural Heritage Assessment (NHA). To create a cohesive application package and to facilitate its timely review and processing, applicants are encouraged to summarize and reference work done in additional reports to fulfil the requirements of the Design and Operations Report where applicable.

2. Site Plan

The Design and Operations Report must contain scaled diagrams of the site with project equipment and other relevant features indicated. Although this chapter refers to site plan in the singular, for many projects it will be necessary to include multiple site plan diagrams to clearly describe the project.

The site plan builds upon the conceptual map contained in the PDR. The conceptual map in the PDR shows where the project is located and lands within 300 m of the project location. The site plan in the Design and Operations Report provides greater detail of the specific location and extent of all components of the renewable energy generation facility. All proposed components of the facility must be clearly shown along with any relevant features adjacent to the project location (such as natural features and water bodies) that are subject to siting requirements in O. Reg. 359/09.

2.1. Site Plan Format

The site plan should be presented so that it is clear to read and evaluate. To do this, the applicant should consider the following:

• All diagrams, plans or maps must be drawn to scale and include a scale bar and a north arrow.
• The diagrams must be dated and include the name of the project.
• The scale should be selected to demonstrate compliance with the requirements of O. Reg. 359/09. This may be achieved by using multiple maps or insets as necessary.
• A colour/demarcation scheme should be selected that allows all plan features to be observed and delineated clearly.
• If aerial photos or satellite imagery are used in a site plan, the date the image was collected and its source should be referenced.
• Electronic versions of site plans should be created using a software format that allows for the plan to be read clearly. If this poses challenges for the applicant, the applicant can submit a hard copy version for ministry evaluation.
• Tables should be appended and referenced in the site plan.

Site plans are important technical documents but are not considered engineering drawings.

For general context, a site plan must include maps or diagrams that provide the topographical land contours and surface water drainage for all land within 120 m of the project location. It is recommended that land uses within 120 m of the project should also be shown in one or more of the maps or diagrams.

Every significant feature that is shown in the site plan, including project components, cultural heritage (note that the location of an archaeological site is sensitive information and therefore only the general location of an archaeological site should be indicated on the site plan), natural features, and water bodies should also be described in other sections of the Design and Operations Report.

There are certain features that must be depicted on the site plan for all renewable energy generation facilities. These include facility components, cultural heritage, natural heritage, water bodies, and noise/odour receptors.

2.2. Facility Components

The components that comprise a renewable energy generation facility under O. Reg. 359/09 are defined in the regulation and key definitions are also presented in Chapter 1. All components of a renewable energy generation facility must be depicted in the site plan, including:

• Any buildings or structures;
• Any transportation systems, such as roads, established solely to provide access for construction or operation of the facility and not open to any other public use;
• Any roads or water crossings on Crown land, established to provide access for construction or operation of the facility (including those which may be open to other public use); and
• Electrical transmission/distribution lines, transformers, and other electrical equipment associated with the facility. This should include any rights of way or easements required for these components as well.

In addition to these general facility components, applicants must specify on the site plan the location of the following:

• Any roads, utility corridors, rights of way, and easements situated within 300 metres of the project location;
• Ground water wells, water bodies, and infrastructure related to water and sewage;
• Any things that discharge contaminants to the air such as flares, vents and stacks;
• Any works that collect, transmit, treat, or dispose of sewage related to the project; and
• Any areas where waste, biomass, source separated organics or farm material are stored, handled, processed or disposed of.

The site plan should be depicted in sufficient detail to show the external boundaries of all components as proposed. For instance, a location where a wind turbine is to be installed should be depicted in sufficient detail so that the outer extent of the turbine staging area and any access roads can be defined.

O. Reg. 359/09 contains a number of provisions that define distances for site investigation and for setbacks from natural features and water bodies that reference distance to the “project location” which is defined as:

A part of land and all or part of any building of structure in, on or over which a person is engaging in or proposes to engage in the project and any air space in which a person is engaging in or proposes to engage in the project.

More information on the interpretation of the “project location” can be found in Chapter 1, including specific examples.

The locations of the facility components in the site plan should be provided in a way that will clearly demonstrate the boundary of the project location so that the application can be evaluated with respect to compliance with setback and other provisions of O. Reg. 359/09.

2.2.1. Associated Transformers

One project component that requires specific consideration in the site plan is associated transformers which operate at a nominal voltage of 50 kV or more. Section 35 of O. Reg. 359/09 requires that all transformers 50 kV or greater be sited to mitigate noise impacts on noise receptors. This can include meeting minimum setback distances from noise receptors (1000 m, or 500 m if shielded with an acoustic barrier with a density of at least 20kg/m² that breaks the line of sight with any noise receptors, as defined in section 35 of O. Reg. 359/09) or by conducting a noise study to demonstrate that the transformer meets noise guidelines. No matter which option is used to comply with the regulation, the location of all transformers must be shown clearly in the site plan with Universal Transverse Mercator (UTM) coordinates. Setback distances between the transformer and the nearest noise receptor should be noted directly on the site plan and/or through appended tables.

2.3. Cultural Heritage

Prior to drafting the Design and Operations Report, applicants should determine if any of the following cultural heritage resources are present: protected properties, heritage resources, and archaeological resources, as required by sections 19 to 23 of O. Reg. 359/09.

The location of any identified protected properties or heritage resources must be depicted in the site plan. Note that the precise location of archaeological resources is sensitive information and therefore only the general location of an archaeological site should be indicated on the site plan.

All REA applicants must determine if the project is located on a protected property. If an applicant determines that there are no protected properties at the project location, a written summary of the matters considered in making this determination must be included within this section of the Design and Operations Report. For instance, this summary should indicate the agencies contacted and summarize what information was provided. Note: For Class 2 wind projects this written summary must be included in the PDR.

Projects Prescribed Under Section 20 of O. Reg. 359/09

If, after considering the criteria included in section 20 of the regulation, an applicant determines that the project location does not meet any of the criteria, they must prepare and include a written summary stating this conclusion and the rationale used to arrive at it within this section of the Design and Operations Report. Note: For Class 2 wind projects this written summary must be included in the PDR.

All other Projects subject to the REA

If, after considering the criteria in the checklists issued by the Ministry of Tourism, Culture and Sport (MTCS), as applicable, an applicant determines that there is low potential for archaeological resources and/or there is low potential for heritage resources to be present and that there are no abutting protected properties, they must prepare and include a written summary of the matters that were considered in completing the checklist(s) within this section of the Design and Operations Report.

The checklists issued by the MTCS:

• REA Checklist: Consideration of Potential for Archaeological Resources; and
• REA Checklist: Consideration of Potential for Heritage Resource,

are available on the MTCS's website.

Applicants are encouraged to refer to the MTCS's “Cultural Heritage Resources: An Information Bulletin for Projects Subject to Ontario Regulation 359/09 – Renewable Energy Approvals” for more information on cultural heritage requirements of O. Reg. 359/09.

2.4. Natural Heritage

Where an NHA is required to identify and evaluate natural heritage features in the vicinity of the project location, it should be conducted prior to drafting the site plan in the Design and Operations Report. Guidance for conducting an NHA is presented in the “Natural Heritage Assessment Guide for Renewable Energy Projects” from the Ministry of Natural Resources and Forestry (MNRF).

Natural features found through the NHA should be depicted in the site plan. This depiction should show the boundary of the feature that is closest to the project location and note the distance between the project location boundary and the boundary of the natural feature. If practical, the project location and natural feature boundary points used in determining the closest distance should be given as UTM coordinates. This information could also be included in tables, especially where multiple natural features have been identified near the project location. Where an Environmental Impact Study will be submitted to justify locating the project within the setback requirements that relate to natural heritage, applicants are encouraged to note and reference such a study on the site plan and/or appended tables.

While an evaluation of significance conducted as part of the NHA may determine that an identified natural feature is not a significant feature and thus not subject to setback requirements, applicants are strongly encouraged to include all natural features in the site plan. Creating site plans with detailed information about the area in the vicinity of the project location will enhance consultation and the evaluation of negative environmental effects that will or are likely to occur.

2.5. Water Bodies

A water assessment should also be conducted to identify and evaluate water bodies in the vicinity of the project location prior to drafting the site plan in the Design and Operations Report. Guidance for conducting a water assessment is described in Chapter 8 of this guide.

If any water bodies are found in the vicinity of the project location through the water assessment, they must be depicted in the site plan. This depiction should show the boundary of the water body (the high water mark) and note the distance between the project location boundary and the nearest point of the water body. If practical, the project location and water body boundary points used in determining the closest distance should be given as UTM coordinates. This information could also be included in tables, especially where multiple water bodies have been identified near the project location. Where a supplementary report documenting any additional mitigation measures will be submitted to justify locating the project within the setback requirements that relate to water bodies, applicants are encouraged to note and reference such a study on the site plan and/or appended tables.

2.6. Noise/Odour Receptors

Some renewable energy projects emit noise and/or odour which may impact neighbouring land uses. The site plan must include any noise or odour receptors that may be negatively impacted by the proposed project.

Noise receptors are defined in O. Reg. 359/09 as the centre of buildings used as dwellings or those used as an educational facility, child care centre, or place of worship. Examples of buildings that the MOECC would consider dwellings include residences, hospitals, hotels/motels, and nursing/retirement homes. Public or privately owned campsites or campgrounds that provide overnight accommodation are also included in the definition of noise receptors.

Since there is a range of uses of buildings that may or may not be interpreted to fit the definition of a dwelling, further guidance on this interpretation is provided in section 2.2 of Chapter 3. Chapter 3 also provides information on how noise receptors should be identified on vacant lots, as well as on Crown Land. It is recommended that all REA applicants read section 2.2 of Chapter 3 prior to completing a site plan in the Design and Operations Report so that noise receptors are identified and located appropriately.

In addition to the existing buildings described above, those that are planned for construction and have been issued a building permit under the Building Code Act, 1992 or site plan approval under the Planning Act are also considered to be noise receptors. There are timing restrictions that pertain to the consideration of building permits as noise receptors and these are discussed in section 2.5 of Chapter 3.

Noise receptors on land owned by a proponent of a wind energy facility or by someone who has entered into an agreement and all or part of the facility is constructed on a parcel of their land are not considered noise receptors for the purposes of determining noise setbacks. Entering into an agreement with a landowner to lease the land on which a dwelling is located adjacent or nearby the proposed project location does not exempt proponents from considering these noise receptors for the purposes of determining noise setbacks. Further, it should be noted that temporary construction is not considered a noise receptor for these purposes.

Odour receptors include all structures defined as noise receptors and some additional receptors. These are:

• A portion of property that is used for recreational purposes but is not accessory to a building or structure used for overnight accommodation;
• A portion of property used for commercial activity;
• A community centre; and
• A health care facility.

Determining the scope of noise and odour receptors to include in the site plan is guided by technology-specific setbacks described in O. Reg. 359/09. Compliance with all setback requirements must be demonstrated through descriptions, tables, maps or diagrams in the site plan. A recommended approach for wind turbine setbacks to noise receptors is to include tables with UTM coordinates of all turbines and noise receptors. See section 6.2 for more technology-specific guidance for wind projects.

3. Facility Design Plan

The facility design plan is the section of the report that describes the types, sizes, and design of proposed facility components. While the site plan shows the geographical layout of the facility, the design plan provides schematic diagrams and technical descriptions of the facility components. The focus of these conceptual plans and descriptions should be to detail attributes of the project that will or are likely to cause negative environmental effects identified in the PDR. For environmental effects that have been addressed by adhering to setback distances (for instance, avoiding development of a solar project within 50 m of a significant natural feature), this mitigation approach should be noted. The facility design plan is paired with the operations plan, which details how equipment and processes will be operated during the life of the project and how operation may impact the environment.

The conceptual plans, specifications and descriptions in the facility design plan should indicate:

• Dimensions and design drawings of all electrical generation equipment.
• Proposed generation equipment supplier, make and model numbers, and specifications, as applicable. This may be achieved by including specification reports from equipment suppliers as an appendix; however it is important that this information be presented in a manner that allows the MOECC to evaluate negative environmental effects that will or are likely to occur.
• A description of how all functional components are connected/used to generate and transmit electricity to the grid.
• The nature of the structural components that support the equipment such as foundations and footings.
• For electrical transmission/distribution equipment: electrical specifications, type of line (above ground, buried line), and proposed dimensions of all equipment.
• For associated transformers: electrical conversion specifications, dimensions, a diagram of each transformer including any acoustic barriers, and if acoustic barriers are proposed the materials of construction, density, and dimensions of the barriers.
• Where specifications for equipment are given, a description of the potential variability in stated parameters, particularly if changes in such parameters have the potential to affect the evaluation of negative environmental effects.

The facility design plan must also describe equipment related to any water takings, sewage/storm water management, air discharges, and waste and biomass management. Guidance for describing these features is given in section 5 below.

4. Facility Operations Plan

The operational plan for a renewable energy project describes the daily function of the facility in generating electricity and any planned maintenance or ancillary activities that will occur continuously or intermittently over the course of the project life. The plan should emphasize how operations may contribute to or mitigate negative environmental effects that will or are likely to occur. It should also include a discussion of site supervision and staff training.

The content of the operations plan will depend on the renewable energy technology and specific activities such as water takings, sewage treatment, air discharges, or waste handling. While solar and wind projects may have simple operating regimes, some bio-energy projects will have more complex processes to describe.

Section 5 below provides guidance on how to address key process features that may occur during operation of a renewable energy generation facility.

5. Guidance for Key Process Features

5.1. Water Taking

If a project includes a proposal to take water from a ground or surface water source during ongoing operation of the facility, the water taking must be described regardless of the quantity of water that is proposed to be taken. Examples of ongoing water taking that may be proposed include:

• Water takings to supply facilities operations and processes, for example cooling water. This water taking may be relatively continuous and long term.
• Water taking for intermittent and/or periodically scheduled site maintenance, for example: cleaning solar panels, other wash water use, landscape watering/irrigation, and for site dust suppression.

While the PDR will include a description of negative environmental effects that will or are likely to result from water takings, the Design and Operations Report should provide all the details required to substantiate conclusions about the significance of effects. An important environmental effect to consider is the potential for the project to interfere with existing uses of the water resource. If no impacts on water resources are expected as a result of water taking activities, a description of how that conclusion was reached should be provided.

Applicants are recommended to discuss any water takings with the MOECC's Environmental Approvals Access and Service Integration Branch at an early stage in project planning.

To describe water takings 50,000 L/day or less, applicants must provide the following information in the Design and Operations Report:

• A description of the water taking (e.g. location, source, quantity etc);
• Any measures proposed to mitigate negative environmental effects that will or are likely to occur; and
• Conclusions about the magnitude and likelihood of negative environmental effects.

It should be noted that while all water takings must be described, for takings that involve small quantities 50,000 L/day or less, an applicant may conclude that negative environmental effects that will or are likely to occur are insignificant without preparing technical studies.

For water takings over 50,000 L/day, if the water taking is part of a project subject to the REA the water taking does not require a separate Permit to Take Water (PTTW) under the Ontario Water Resources Act (OWRA). However, the description of water taking in the Design and Operations Report for a REA application should provide the information/assessments that would be normally required in respect of a PTTW application.

When an REA is issued, it is based on the information provided in the REA application submitted by the proponent. Therefore, proponents should carefully consider their water taking needs at the application stage, well in advance of applying for an REA. If a proponent anticipates circumstances where water taking could exceed 50,000 L/day, this should be addressed in their REA application. This will allow the MOECC to proactively evaluate water taking needs and to consider what types of conditions to impose in the REA.

If a proponent realizes following the issuance of an REA that more than 50,000 L/day will be needed for the project, it may require an amendment to the REA issued for that facility, which could cause project delays. Please refer to Chapter 10 of this guide for details on the project change process.

If a proponent encounters extraordinary conditions (i.e. an infrequent storm event) following the issuance of the REA that necessitate additional water takings (i.e. construction dewatering) beyond what is permitted under their REA, they are advised to immediately contact the MOECC local District Office. In this situation, proponents would be expected to provide a description with respect to the additional water taking that specifically describes the proposed measures to prevent impacts to any local water supplies (e.g., by either interfering with existing supplies or inducing mobilization of contaminated groundwater to impact local wells) and how discharge/return flows would be managed to similarly avoid impacts to any water supplies or the natural environment.

Following receipt of this and any other additional information requested by the ministry, the MOECC will provide the proponent with direction on how to address the situation, through its existing suite of compliance tools, to allow the project to proceed in a timely manner while maintaining environmental protection.

Applicants should use the following table as a starting point to determine the type of information that will be needed to describe the water taking. This table reflects the categories that apply to PTTW applications according to the MOECC publication “Permit to Take Water (PTTW) Manual” (2005, Publication #4932e). Applicants proposing water takings should consult this manual for further direction on what type of studies and/ or information must be submitted to the ministry in respect of water takings.

Ground Water – Category 1	Surface Water – Category 1	General Requirements
Renewal (of an existing water taking)	Renewal (of an existing water taking)	Self Assessment
Ponds (e.g. irrigation and agriculture)	Ponds less than 1500 cubic meters in volume	Self Assessment
	Great Lakes or connecting channel takings less than 1,000,000 L/day	Self Assessment

Ground Water – Category 2	Surface Water – Category 2	General Requirements
Short-term, non-recurring taking less than 7 days (e.g. pumping test and hydro-static test).	Great Lakes or connecting channels takings less than the Great Lakes Charter threshold (19,000,000L/day)	Engage qualified person to complete screening level evaluation schedules as defined in the PTTW
Short-term, non-recurring taking less than 30 consecutive days and less than 400,000 litres/day (e.g. construction dewatering and dust suppression).	Takings from sources with previous assessments River and Streams (3rd order or higher order) Transitional Permits Takings and Returns where water is removed for a short time only Lakes and Ponds takings less than 1,000,000L/day twice per week	Engage qualified person to complete screening level evaluation schedules as defined in the PTTW

Ground Water – Category 3	Ground Water – Category 3	General Requirements
All ground water takings that do not meet Category 1 or Category 2 criteria.	All surface water takings that do not meet Category 1 or Category 2 criteria	Full Technical Assessment required as defined in the PTTW manual

Further guidance on how the description of water takings can be incorporated into the key components of the Design and Operations Report is given below.

Water Taking EASR

Engaging in some aspects of a renewable energy projects may require registration on MOECC’s Environmental Activity and Sector Registry (EASR) for Water Taking. The EASR is a risk-based environmental approvals program which requires businesses to register prescribed activities in the EASR (such as water taking).

If either of the following two water takings activities will be engaged during the renewable energy projects then registration on the EASR for the water taking may be required:

1. Construction site dewatering involving more than 50,000 L/day and less than 400,000 L/day; and
2. Surface water takings that are more than 50,000 L/day and are for road construction purposes that meet specified criteria about the purpose, rate or location of the water taking.

For more detail on the eligibility criteria and operation conditions associated with each EASR, please refer to the EASR Website or the EASR Regulation for Water Taking O.Reg. 63/16.

It is anticipated that conditions of a REA will pre-authorize these activities so that an amendment to a REA is not required.

Site Plan

The locations of all water takings must be noted in the site plan, including those proposed only during construction. The purpose of including water takings during construction is to ensure the site plan can be referenced from other reports and provide a complete picture of project activities.

Facility Design Plan

The design of proposed equipment used to take water should be described. This includes all pumps, piping and other ancillary equipment such as flow monitoring and control devices related to the water taking.

Facility Operations Plan

If engaging in the proposed project will require the taking of water from the ground or surface water, information must be provided to describe the water taking. This includes a complete inventory of the proposed water takings associated with the operation of the facility, specifying:

• Times
• Durations
• Rates
• Quantities

In conjunction with this inventory, an assessment must be undertaken to ensure the quantities proposed will be available to meet expected demand and to assess the potential for the water takings to interfere with existing uses of the water resource.

5.2. Sewage/Storm Water Management

Applicants should always consider how water can be conserved as well as how wastewater and storm water can be reduced at the source through reuse and low impact development practices when designing renewable energy facilities. However, some renewable energy projects will generate sewage or storm water runoff or have the potential for accidental oil spills from electrical substations that must be managed to prevent negative impacts on the environment. For this reason, project proponents may need to include plans to build sewage works to mitigate environmental risks. There is a range of potential treatment systems that may be contemplated, including but not limited to:

• A simple leachate collection scheme from biomass storage areas for direct addition to an on-farm anaerobic digester;
• A series of swales to direct storm water runoff from a solar facility to a municipal drain;
• A complete secondary treatment system to treat effluents generated from a large-scale thermal treatment facility; and
• An oil spill containment area and associated sewage works for transformer substations.

If the collection, transmission, treatment, or disposal of sewage, the management of storm water or the provision of sediment control on an ongoing basis (not simply in the construction phase) is required as part of a renewable energy generation facility, then the Design and Operations Report must describe these activities/ works.

For applicants who are planning sewage works or storm water management measures, it is advised that they first determine if the project requires the preparation of the Effluent Management Plan Report, Hydrogeological Assessment Report, and/or the Surface Water Assessment Report as given by the inclusion criteria in column 3 of Table 1 of O. Reg. 359/09. The reports will provide some of the details to describe the needed collection and treatment. The Design and Operations Report should summarize and refer to elements of these reports that contribute to the facility design plans.

Erosion and Sediment Control

Storm water runoff during construction and operation of a renewable energy generation facility contributes to erosion of the soil at the project location and transport of significant sediments to a receiving water or adjacent property. Planning and ensuring erosion and sediment control measures are properly designed, installed, and maintained are an important part of the design, operation, and maintenance of a renewable energy project to prevent impacts on the environment. However, there will be no need to treat any sewage or runoff on the site, if there is:

• no alterations of the existing drainage area;
• no significant modification of runoff coefficient;
• no process water, sanitary services, or large storm water management facilities required for the long-term operation of the facility; and
• the increase in imperviousness of project area due to the installation of the wind turbines, solar panels, inverters, transformers, electrical substations, and access roads, are considered negligible.

The only concern for potential contamination of water resources are during: (a) construction for erosion and sediment control, as well as for slurry management during directional drilling for installation of transmission lines; and (b) long term operation of the facility for spill containment from the electrical transformer substation(s). Directional drilling requires slurry, bentonite and/or polymer to be used. Applicants must ensure that slurry is contained, recycled and/or managed for off-site disposal. For projects that have a transformer electrical substation, applicants must ensure that they include a spill containment facility in the Design and Operations Report.

Applicants are encouraged to consider the industry’s Best Management Practices for the erosion and sediment control plan that is typically required in the Design and Operation Report, including but not limited to the following:

• a light duty sediment fence made of filter fabric (i.e. no plastic-braided fencing) to be placed around the work area. The fencing shall be secured along the base by digging in the filter fabric and backfilling with earth to grade, to prevent sediment runoff from flowing. A double fence with a row of hay bales should be installed on the overland draining area installed in a shallow (approx. 5 cm) trench packed tightly together;
• a light duty sediment fence made of filter fabric along the base of all spoil piles to prevent sediment runoff from entering ditches; and
• rock check dams and/or hay bales should be installed in project-affected drainage ditches to entrap sediments.

Applicants are advised to have a specialized person oversee the erosion and sediment control measures, to ensure they are being implemented effectively and to apply further actions if needed. Clearly, the close supervision of the implementation works provides opportunities for effective erosion and sediment controls. Applicants are encouraged to:

• repair, replace or install additional erosion control measures if sedimentation is observed; and
• have a qualified professional conduct weekly inspection of erosion control devices during the pre and construction phases and at final stabilization and restoration phase.

Although the sewage works or storm water management measures included in a renewable energy generation facility are governed by an REA and exempt from approval under the OWRA, the MOECC will assess sewage works or storm water management measures in a manner that is consistent with how these works/ measures would be evaluated as an application for an Environmental Compliance Approval (ECA) under the OWRA. Therefore, the information required in the Design and Operations Report should be guided by ministry publications that address the application for an ECA for sewage works and storm water management. The MOECC has published guidance and manuals, as updated from time to time, to describe the information requirements and to suggest recommended design strategies. They are:

“Water Management Policies, Guidelines and Provincial Water Quality Objectives,” 1994 Publication #3303e

• Describes the policies and guidelines for managing the quality and quantity of surface and ground water including provincial water quality objectives and provides a starting point for establishing wastewater effluent requirements. Used to assess ambient water quality conditions, infer use impairments and assist in assessing spills.

“B-1-5 Deriving Receiving Water Based, Point Source Effluent Requirements for Ontario Waters,” 1994 Publication #3302e

• Describes the methods for deriving receiving water- based requirements for discharge into waters bodies.

“Guide to Applying for an Environmental Compliance Approval,” 2012 Publication #8527e

• Describes the approval process and the requirements for obtaining an ECA. This guide may be amended from time to time. Applicants are required to use the most recent Guide.

“Design Guidelines for Sewage Works,” 2008 Publication #6879e

• For information on recommended design guidelines for sewage works such as sewers and sewage treatment plants.

“Stormwater Management Planning and Design Manual” 2003 Publication #4329e

• For information on approaches to manage storm water through facility design and installation of storm water management equipment.

These publications do not contemplate applications to the REA and while they provide necessary guidance they should be read in consideration of their intended context.

Electrical Transformer /Substation Oil Spill Containment

For applicants planning sewage works or storm water management measures for wind, solar and biomass facilities not discharging to municipal sewer and storm water systems, it is recommended to address the potential for oil /lubricant spills and potentially contaminated storm water from transformer substations.

Transformer substations can contain numerous pieces of electrical equipment filled with insulating transformer oil, hydrocarbons, gearbox oil and grease. In accordance with item 4 (vi) of Table 1 in O. Reg. 359/09, where the project includes a transformer substation, a description of spill containment works facilities as well as equipment and measures to prevent spills and mitigate their impacts is required in the Design and Operations Report. This information is not required for small solar inverters or transformers. Electric utilities have specific procedures for spill response. These procedures include notification, spill containment, soil sampling, soil and free liquid removal switch yard vegetation and asphalt/concrete/stone cleaning or removal and spill site restoration requirements. It is usually during maintenance activities when potential spills may occur. These wastes are temporarily stored in spill proof containers with secondary containment until they can be removed from the site. Any waste must be managed in accordance with Ontario Regulation 347 (General – Waste Management) and disposed of at an appropriately certified waste disposal facility.

The MOECC has a standard requirement of having sewage works to manage oil/lubricant spill containment facilities. The standard requirement includes having a system capable of meeting the objective of 15 mg/L concentration of oil and grease on any potential effluent. It is also required to provide up to 24 hours response time under adverse weather conditions to get pumping and cleanup equipment to the site without the danger of material loss to the environment. When considering sewage works for oil spill containment and control, the MOECC recommends the following standard engineering practices:

• An oil/lubricant spill containment area serving the transformer with a minimum volume equal to the volume of transformer oil and lubricants plus the volume equivalent to providing a minimum 24-hour duration, 50-year return storm capacity for the storm water drainage area around the transformer under normal operating conditions. This containment area shall have:
  • an impervious floor with walls usually of reinforced concrete or impervious plastic liners allowing for a freeboard of 0.25 metres terminating approximately 0.30 metres above grade and crushed stoned filled within and sloped floors leading to an oil control device; or
  • a permeable floor with impervious walls and subsurface drainage for monitoring purposes with the use of a polymer-based oil absorbent material, designed with a perimeter berm of 0.30 metres, as needed, to prevent external storm water runoff from entering the containment area and have a minimum of 300mm layer of crushed stoned within.
• An oil control device, equipped with an oil detection system and appropriate sewage appurtenances as necessary, such as but not limited to: sump, pump out manhole, submersible pumps, level controllers, floating oil sensors, etc., that allows for batch discharges or direct emergency discharges and for proper implementation of a monitoring program. Usually, for isolated wind/solar facilities with small transformers not draining to municipal sewage systems, the use of the oil absorbing filter canister such as an Imbiber Bead Unit, or equivalent, is a preferred option.
• A clean storm water outlet draining from the containment facility.

Site Plan

The locations of all sewage works and storm water management measures must be depicted in the site plan.

Facility Design Plan

The facility design plan must provide a description of any works for the collection, transmission, treatment and disposal of sewage including details of any sediment control features, storm water management facilities and secondary oil containment areas. Sewage works and storm water management measures in the facility design plan should be designed in accordance with the guidance contained in other ministry documents as referenced above.

Facility Operations Plan

The operational plan contributes to the description of facility design by detailing the operational matters including:

• Expected quantities of sewage/storm water collected, treated or discharged;
• The flow rates and times/duration (if intermittent) of sewage collection and treatment;
• Concentrations of key contaminants in sewage or storm water at various points in the collection/ treatment system;
• Oil/lubricant spill containment areas with its contingency plan and emergency protocols;
• Calculations demonstrating the basis for the expected quantity/quality of sewage or storm water. Calculations should also be included to show how the quantity and quality of sewage/storm water supports the design parameters of any treatment equipment;
• The make and design specifications of any commercially available equipment for treating sewage or storm water proposed for use at the facility;
• Procedural aspects of operating or maintaining any of the equipment including details on any measurements taken in respect of process control;
• Any chemical inputs required in respect of a sewage or storm water treatment process. For any chemicals that have the potential to be emitted to the environment, the Material Safety Data Sheets of the chemicals should be included; and
• The derivation of any by-products or residual wastes as a result of a treatment process including how such by-products will be managed.

In addition to this suggested content, applicants should include any operational details that they determine to be relevant for evaluating negative environmental effects that will or are likely to occur as a result of the project.

5.3. Discharge of Contaminants to Air

Renewable energy generation facilities may have equipment that discharges contaminants to the air. Examples of this include, among others:

• Flares at anaerobic digestion facilities;
• Combustion unit stacks at a biomass thermal treatment facility;
• Stacks used to discharge exhaust from large heating units for a maintenance or storage of equipment at a wind farm;
• A biofilter treating odour or other air contaminants from a biomass storage area; and
• A generating unit emitting noise.

All the components of the facility that discharge contaminants to the air must be described in the Design and Operations Report.

For some bio-energy facilities, the project will specifically require the preparation of an Emissions Summary and Dispersion Modelling Report (ESDM Report) as per the requirements listed in Table 1 of O. Reg. 359/09. If a facility requires such a report, the Design and Operations Report can reference sections of the report that describe the relevant equipment. At the minimum, information provided to describe the air discharge must be sufficient to allow for the calculations included in the ESDM Report. An ESDM Report must be prepared in accordance with section 26 of O. Reg. 419/05 (Air Pollution – Local Air Quality) under the Environmental Protection Act. Applicants should refer to the following MOECC publications for further guidance on ESDM Reports:

“Guideline A-10: Procedure for Preparing an Emission Summary and Dispersion Monitoring (ESDM) Report,” 2009 Publication #3614e03

“Guideline A-11: Air Dispersion Modelling Guideline for Ontario,” 2009 Publication #5165e02

“Technical Bulletin: Methodology for Modelling Contaminants with 10-Minute Average Standards and Guidelines under O. Reg. 419/05,” 2008 Publication #6700e

Site Plan

The location of any project components that discharge contaminants to air must be included in the site plan.

Facility Design Plan

The purpose of this description is to determine negative environmental effects of the discharge that will or are likely to occur. While guidance on the preparation of an ESDM Report referenced above should be the principal reference for required information, the following characteristics of the equipment should be included at a minimum:

• The height of the point of discharge;
• The dimensions and configuration of any point source discharge such as a smokestack;
• Any monitoring and control instrumentation related to the emissions with a description of the control and/ or monitoring scheme;
• The site elevation profile in the vicinity of the discharge location;
• Any ancillary equipment (such as pollution control equipment) that may influence the concentration or emission rate of the contaminant discharge; and
• For flaring systems, the combustion efficiency of the flare.

Facility Operations Report

The expected concentration of air contaminants discharged from the facility must be described. This should include:

• A list of all contaminants expected to be discharged both at point sources and as fugitive emissions;
• A description of the maximum concentrations of all contaminants expected at locations required through the preparation of an ESDM Report (e.g. at points of impingement);
• A description of the mass transfer/emission rate and times/duration (if intermittent) of the discharge;
• Reference to calculations which show the basis for the concentrations and mass transfer/flow rates expected; and
• Procedural aspects of operating the facility that can influence the mass transfer/emission rate or concentration of contaminants.

5.4. Waste and Biomass Management Equipment

If a renewable energy project includes any systems, facilities, or equipment for handling, storing and processing any waste, biomass, source separated organics, farm material, biogas, and/or waste materials generated by the facility these project components must be described in the Design and Operations Report.

For reference purposes, applicants preparing a facility design plan with biomass, source separated organics, farm material and process waste storage areas can consult Appendix 3 of the MOECC publication “Sample Application Package for a Comprehensive Waste Transfer and Processing Facility Certificate of Approval” (2009, Publication #6837e). This document provides a hypothetical example of a design and operations report describing a waste transfer facility. The information in this example can serve as a reference for reporting expectations under the REA for facilities with similar components.

Site Plan

The locations of all biomass, source separated organics, farm material and process waste storage and management equipment should be shown in the site plan.

Facility Design Plan

A description of any systems, facilities and equipment for receiving, handling, storing and processing waste, biomass, source separated organics, farm material and biogas is required. Design features relevant for determining negative environmental effects that will or are likely to occur should be given, such as:

• Design, dimensions and capacities of any storage areas;
• Materials used for construction;
• Measures to prevent contaminants from entering surface water or ground water such as a leachate collection system;
• Equipment or systems used to prevent fires, if applicable;
• Equipment or systems used to prevent odours or other air contaminant emissions;
• Equipment or systems used to prevent overflow from tanks; and
• Design features intended for the containment or mitigation of spills.

Facility Operations Plan

Operational matters governing how biomass, source separated organics, farm material and process waste is managed must be provided. A flow chart showing flow of the waste through the process should be included in this description. Operational matters to describe include:

• The types and sources of received materials used at the facility, including a description of how their quality with respect to the concentration of heavy metals and other contaminants will be determined;
• The maximum average daily and annual quantity that will be accepted at the facility as well as a description of the expected frequency for receiving shipments;
• How the materials will be unloaded and handled;
• The estimated average time that the material will remain at the facility prior to being processed;
• The estimated average rate at which the materials will be used;
• The composition, type or classification of any waste generated;
• The amount of waste generated on average on a daily basis or a description of times/amounts if waste is generated intermittently;
• Procedures for collecting and handling wastes;
• The amount, if any, of waste that will be stored at any time on the site;
• Details on the procedure for storing wastes including operational measures to mitigate negative environmental effects that will or are likely to occur (e.g. only unloading waste within an enclosed structure to mitigate dust and odour emissions);
• Information on the process for final disposal of waste including a description of the disposal method, frequency, and procedures for transporting waste from storage and destination of the wastes generated. Waste generated at the facility must be disposed of at an MOECC approved facility; and
• Description of sampling and analysis of outgoing biomass/digestate intended for land application including the frequency of sampling.

6. Technology-Specific Guidance

The following sections describe some additional considerations for completing the Design and Operations Report for different renewable energy technologies.

6.1. Solar Projects

Only solar projects with name plate capacity >10 kW and mounted at a location other than on the roof or wall of a building require an REA. These facilities are typically comprised of a number of solar modules mounted with support structures footed in the ground and ancillary electrical equipment to invert, transform and transmit the generated electricity to the grid.

Site Plan

There are no unique site plan requirements for solar projects beyond those for all renewable energy projects.

Facility Design Plan

To describe the design of solar projects, applicants should include the following:

• Make and model of the solar module;
• Diagram of the dimensions of each solar module;
• Diagram and specifications of how the solar modules are mounted;
• Description of the mechanism and range of motion if solar modules track the sun;
• Description of any treatments to land on which the solar modules are proposed, particularly with regard to soil permeability and negative environmental effects that will or are likely to occur related to storm water runoff from the facility; and
• Description of how power is inverted, transformed and transmitted, including specifications of all power conversion equipment.

Facility Operations Plan

Solar energy projects may have unique considerations that should be discussed in the operational plan. Some examples (amongst others determined by the applicant) include:

• How the land upon which the solar modules are mounted will be managed to maintain specified land use conditions. This could include procedures to limit the growth of vegetation. This should be described if such activities will or are likely to cause negative environmental effects.
• How solar modules will be maintained including a description of all maintenance activities, their frequency, and any operational details that contribute to the evaluation of negative environmental effects.

6.2. Wind Projects

Site Plan

Wind energy projects are subject to a number of unique requirements for siting turbines under O. Reg. 359/09. These requirements are discussed in Chapter 3 along with guidance for demonstrating compliance in the site plan.

It is important to note that since wind projects include setback requirements from noise receptors, roads and all property lines, these features must be shown in the site plan for such projects.

Facility Design Plan

All class 2, 3, 4 and 5 wind energy projects require the submission of a Specifications Report as outlined in Table 1 of O. Reg. 359/09. There are two separate table entries to delineate the information required for Class 2 and the higher Classes (3-5). These reports are further described in sections 13 and 14 of Chapter 9.

Specifications provided in a Specifications Report can be summarized and referenced in the Design and Operations Report design plan. A discussion of the potential variance in any of the quoted parameters (i.e. sound power levels) should be included to support conclusions about negative environmental effects that will or are likely to occur.

Turbine tower lighting, for transportation obstruction marking or other purposes, is an additional feature of wind turbines that can be described in the facility design plan.

Facility Operations Plan

The technology-specific considerations for wind energy project operations include:

• How wind turbines will be operated and monitored to ensure proper function. Since damaged turbines can cause increased sound power levels or risk of fire or structural instability, monitoring for damage may mitigate negative effects that will or are likely to occur;
• How meteorological data will be monitored and used to make operational decisions; and
• All maintenance activities, including a description of their frequency and any operational details that could cause or mitigate negative environmental effects.

6.3. Bio-Energy Projects

Bio-energy facilities include those that use anaerobic digestion, thermal treatment, biofuels or biogas to generate electricity. Compared to solar and wind projects, bio-energy projects are more likely to involve multiple discharges of contaminants to air, collection and treatment of sewage/storm water, and the storage or processing of biomass and waste generated at the facility. These facilities may require greater detail in drafting the facility design plan and facility operations plans. It must be noted that the REA may allow the applicants to make changes to the operations of the facility that are consistent with the functions of the approved operation. For example an applicant of a bio-energy facility may propose annual upper limits and maximum storage capacity required for processing of incoming waste biomass at the facility. The REA permits modifications in the amount of waste biomass to be received at the facility as long as the operational methodology, treatment technology, and limits identified in the REA are not modified or exceeded. Applicants are encouraged to discuss possible operational flexibility with the Director at the early stage of the facility planning and prior to submission of an REA application.

Since many of the complexities of these projects relate to proposed water takings, emissions, discharges and/ or biomass/waste management as described in section 5 above, this guidance may be applicable but is not repeated in this section.

Site Plan

Specific siting requirements under O. Reg. 359/09 apply to anaerobic digestion and thermal treatment facilities. Siting constraints must be depicted in the site plan as described in sections 6.3.1 and 6.3.2 below. Additional features to indicate on the site plan include (if applicable):

• Receiving, loading and unloading areas for biomass, source separated organics, farm material and process waste including a depiction of the footprint of each area;
• Sorting, screening processing including dewatering and drying areas;
• Digester tank(s) and digested output storage tank, pasteurization equipment;
• Flares and biofilters;
• Buildings where generators, combustion engines, turbines and associated equipment are located;
• Location of any secondary containment measures such as berms, structures and other equipment to control run off or noise from the facility;
• Location of biomass storage areas, including underground/above ground storage tanks, bunkers and pads; and
• Parking lots and storage areas for vehicles.

6.3.1. Anaerobic Digestion Facilities

Anaerobic digestion facilities are subject to requirements to prevent impacts from air emissions including odour and noise on nearby receptors. These requirements can be found in sections 47, 48, and 50 and Table 1 of O. Reg. 359/09. They are also summarized, along with the approval requirements for all renewable energy technologies in Appendix 1 of this document. The requirements govern project components that have the potential to emit odour, including:

• Storage areas/tanks for biomass, farm materials, source separated organics, and digestate material;
• Generating units;
• Flares; and
• Anaerobic digesters.

The regulation defines a range of requirements for mitigating impacts from anaerobic digestion facilities that include applying setback distances, equipping anaerobic digesters with gas storage covers of limited permeability, and/or conducting odour, noise and emissions studies.

Where odour setback distances are used to mitigate potential effects from odour emissions, distances should be calculated from the outer boundary of the area or structure nearest the odour receptor to the odour receptor. This distance must be demonstrated on the site plan directly.

Applicants must include in the site plan all noise and odour receptors that may be adversely impacted by the project. These should also be identified on the plan or in associated tables, with the position of the receptor defined according to the discussion in section 2.6 above.

6.3.2. Thermal Treatment Facilities

Thermal treatment facilities also have technology- specific requirements in O. Reg. 359/09. These requirements address potential noise and odour emissions and are contained in sections 51 and Table 1 of the regulation. Appendix 1 provides a summary of these requirements for reference. Certain thermal treatment projects (Class 2 in O. Reg. 359/09) can adhere to setback distances in lieu of submitting Noise, Odour and ESDM Reports. Applicants must demonstrate compliance to this setback distance by indicating the location of all relevant odour receptors as well as any biomass storage areas and the generating unit. Locations for the purposes of setback distances must be taken from the outer boundary of the area or unit nearest the odour receptor. For Class 3 thermal treatment facilities, environmental effects will be evaluated in a site-specific manner through the preparation of Noise, Odour, and ESDM Reports, among others.

Facility Design Plan

It is important to note that the purpose of the facility design plan is to describe technical elements of the facility so that the environmental impact of the facility can be evaluated. While bio-energy facilities may have relatively more complex electrical generation equipment (compared to solar and wind) the goal of the description of the facility should be to allow for analysis of potential or expected emissions to the environment. For instance, while it may be pertinent to describe the exact height, diameter and design of a stack used for venting exhaust from combustion of biogas, the exact piping specifications for transmitting gas from an anaerobic digester to the generator may not be relevant to evaluating negative environmental effects that will or are likely to occur. Applicants are advised to focus their facility design plan on elements that mitigate negative environmental effects.

Bio-energy projects may include components that take water, store biomass, source separated organics, farm material, generate waste, collect, treat or discharge sewage or storm water, as well as components that discharge contaminants to the air. These unique features can be addressed according to the guidance in section 5 above.

In addition to this, some bio-energy projects are governed by prescribed setback and/or technology requirements to mitigate potential noise and odour emissions (see O. Reg. 359/09 for all requirements, Appendix 1 provides a summary). For instance, some anaerobic digesters can demonstrate compliance by having a gas storage cover with a design permeability less than 500 cm³/m²/day/bar. The facility design plan must describe how the proposed equipment adheres to all technological requirements if they apply.

Facility Operations Plan

To illustrate the types of considerations to include in the operations plan, the following is an example of content sections that could be used to describe the operation plan for a bio-energy facility:

• Description of on-site operations for electricity generation
• Biomass, source separated organics and farm material screening and processing procedure
• Waste generation, storage and disposal
• Facility equipment maintenance
• Staff training
• Spill prevention and response
• Site inspections and nuisance conditions
  • Dust control
  • Litter prevention and control
  • Pest control
  • Complaint response procedure
  • Record keeping
  • Operational practice in the event of a disruption of shipment

Bio-energy projects may also have unique operational procedures during start-up, shutdown and maintenance periods. These procedures should also be included in the description of facility operation, particularly if these operational procedures may influence the environmental effects caused by the facility or any mitigation measures.

Bio-energy facilities may require the combustion of non-renewable fuels such as natural gas in order to bring the generator into an operational state or under other operational situations. Since the REA regulation places limits on the annual amount of non-renewable fuel that can be used to generate electricity (as per section 36 of O. Reg. 359/09), the operational plan should substantiate the fact that the use of non-renewable fuel will be in compliance. The operational circumstances that require the combustion of non-renewable fuel (if applicable) should be described including the amount of fuel to be combusted. This should be accompanied by rationale for how this will lead to an annual percentage of non-renewable electricity generation below the thresholds in O. Reg. 359/09.

7. Environmental Effects Monitoring Plan

To show how negative environmental effects will be mitigated and how ongoing monitoring by the applicant will ensure compliance with O. Reg. 359/09, an EEMP must be prepared as a part of the Design and Operations Report. The plan will be primarily supported by conclusions and descriptions found in other sections of the Design and Operations Report or in other reports prepared for submission to the REA. References to other sections should be made where applicable.

The EEMP should include the following, using summary tables and text descriptions as well as references to other reports as required:

1. A summary of all negative environmental effects that will or are likely to occur from the project as given in the description of negative environmental effects in the PDR. This summary is included for context.
2. Performance objectives in respect of each negative effect that will or is likely to occur. Performance should be defined such that in achieving the objective negative effect will be mitigated. This is a critical component of the EEMP since the objectives relate to the commitments an applicant will make to protect the environment during project implementation. Applicants are encouraged to meet with MOECC at an early stage to discuss the application process and one topic that can be covered is project-specific guidance on appropriate performance objectives.
3. A description of all mitigation strategies planned to achieve performance objectives.
4. Where there is an ongoing risk of negative environmental effects that will or are likely to occur, a description of how the project will be monitored to ensure that mitigation strategies are meeting performance objectives.
5. Contingency measures that will be undertaken should monitoring reveal that any mitigation measures are failing.

Examples of the nature of these plan requirements are depicted in Table 1 below. Note that the evaluation of appropriate performance objectives and mitigation/ monitoring strategies is to be determined by the applicant to reflect the unique character of a project and Table 1 is for illustrative purposes only. However, using a table format to summarize the EEMP is a recommended approach to ensure all required elements of the plan are included. A summary table can also be an effective way to present the EEMP for the purposes of application review and consultation.

Table 1: Example template and summary content of the EEMP

Negative Environmental Effects that will or are likely to occur	Performance Objective	Mitigation Strategy	Monitoring Plan and Contingency Measures
Noise from a wind turbine may impact a nearby noise receptor	Noise at all nearby noise receptors below 40 dBA	Adherence to all noise setback requirements as shown in the site plan. Meteorological monitoring to prevent damage to turbines.	Turbine aerodynamic monitoring to identify damaged turbines. Follow-up monitoring in response to public complaints. Contingency Measures Repairing/replacing turbines that are unable to meet standard. Suspending operation of turbines determined to be out of compliance until they can be fixed.
Leachate from biomass storage area may discharge into nearby stream	Complete containment of all leachate	See the Effluent Management Plan Report for a full discussion of mitigation measures. Principal measures include: Covered storage area prevents rainfall contact. Leachate trap included in storage area design. Maintenance to ensure proper function of leachate trap. Unloading of biomass conducted within the covered storage area.	Post construction inspection of storage area and potential contaminant transport route to stream. Annual inspection of stream to confirm no negative environmental effects. Contingency Measures If leachate is found to impact stream, additional leachate collection equipment will be installed. Suspension of biomass storage until adequate mitigation in place. Monitoring of surface water to ensure no more discharge of leachate into the stream.
Storm water runoff from solar facility may contaminate nearby wetland	No significant change in storm water quality and quantity entering wetland as a result of project activities	Adherence to natural feature setback requirements as shown in the site plan. Storm water containment measures during construction as described in the Construction Plan Report and Storm Water Management Plan. Maintenance of vegetative cover under solar panels as described in the facility design plan.	Post construction monitoring of generated storm water runoff and the wetland according to the methods and schedules described in the monitoring plan below. Contingency Measures If storm water is found to impact wetland, additional storm water containment and treatment technologies will be installed as described in the monitoring plan below.

While applicants may use a table format as shown above to summarize the EEMP, sufficient detail must be provided to fully describe the table contents. If any monitoring or contingency measures are not detailed sufficiently in other reports or sections, they should be discussed in the EEMP. This should include details on:

• Methodologies and equipment to be used (in general)
• Locations of monitoring
• Frequency of sample collection
• Rationale for how the monitoring plan will provide technically and statistically valid conclusions about meeting the performance objectives
• How results of the monitoring plan will be reported
• The specific contingency measures that will be undertaken, including their timing, design and operational considerations if applicable
• The timing or duration of monitoring, if applicable

Making commitments to monitor renewable energy generation facilities is an important component of being a good neighbour in the local community. Applicants should consider how results of ongoing monitoring can be communicated to the public for the sake of the long term engagement. For other tips on how to be a good neighbour, please read Chapter 11 of this guide.

7.1 Monitoring Requirements for Bird and Bat Impacts from Wind Facilities

Operation of large scale wind turbines can potentially result in bird and bat mortality. To monitor and manage this, applications for Class 3, 4 or 5 wind projects (name plate 50 kW or greater) are required to include an EEMP for birds and bats as per section 23.1 of O. Reg. 359/09. The monitoring activities in the plan must adhere to the following guidance from the MNRF:

• “Birds and Bird Habitats: Guidelines for Wind Power Projects” dated December 2011, as amended from time to time.
• “Bats and Bat Habitats: Guidelines for Wind Power Projects” dated July 2011, as amended from time to time.

These guidelines describe the monitoring that must be undertaken as well as contingency measures that must be imposed if continued significant mortality of birds or bats are observed after mitigation has been implemented.

For the purpose of the EEMP in the Design and Operations Report, the information related to birds and bats must either be included as a section of the broader monitoring plan or through reference in the Design and Operations Report to a separate document or documents covering the details related to monitoring bird and bat impacts. The information provided about environmental effects monitoring of birds and bats will be reviewed by MNRF prior to their issuing comments under section 28 (1) of O. Reg. 359/09.

As noted in section 1.1 of this chapter, applicants who issued a notice of proposal to engage in the project before January 1, 2011 may elect to follow section 23.1 as described above or, under transition provisions, follow the pre-2011 regulation which did not include section 23.1. However, even if an applicant chooses not to follow section 23.1, it is still expected that bird and bat monitoring plans will be included in the general EEMP in the Design and Operations Report. These plans will be reviewed as part of the REA application review process following the submission of a complete application. Current MNRF guidance, as cited above, should still be followed when preparing bird and bat monitoring plans for inclusion in the Design and Operations Report in respect of a transition project.

8. Emergency Response and Communications Plans

The proponent of a renewable energy project must create plans to manage emergencies at the project location and to provide channels for communication to the public, Aboriginal communities and municipalities, relevant Ministries of the Ontario Government including MOECC, local road boards and local service boards (in this section these organizations will collectively be referred to as “organizations” for brevity). The minimum required content for the Emergency Response and Communications Plans is contained in Table 1 of O. Reg. 359/09, which is provided in section 10 of this Chapter.

At the time of applying for an REA, the Emergency Response and Communications Plans should clearly indicate the organizations that will be contacted under different communications scenarios. The applicant should further commit to creating functional Emergency Response and Communications Plans for use by employees that will include up-to-date contact information and be maintained at the facility (or other accessible location, as appropriate) during the construction, operation and retiring of the facility.

The response plan should include the following components:

Emergency Response

• A plan for communications in the event of an emergency including a description of the chain of communications between the proponent and relevant stakeholders under emergency scenarios applicable to the project.
• A description of how the information will be disseminated to all relevant stakeholders such as the local fire department.
• The Emergency Response Plan should refer to obligations under the Environmental Protection Act with respect to spills.

Non-Emergency Communications

• A plan for non-emergency communications related to the project. This should describe how the public and other organizations will be provided with information about the project. This could include notification of any project changes, results of the ongoing project monitoring, or other matters considered relevant by the applicant.
• A plan for receiving communications from the public and any stakeholder. This should describe how the public and any stakeholders will be directed to correspond with the proponent, how correspondence will be recorded, how the proponent will address any concerns raised, and the communications plan for the response. This should also describe if/ how correspondence will be shared with other stakeholders such as the MOECC.
• The procedure for recording any complaints from the public should include the following:
  1. Notifying the local MOECC Regional or District office (e.g. the office having jurisdiction over the project location) upon receiving a public complaint. See Appendix 2 for district office contact information. If complaints are received outside of normal business hours, the applicant should notify the MOECC's Spills Action Centre (1-800-268-6060).
  2. Recording each complaint in a log book or in an electronic file. The information recorded should include name, address and the telephone number of the complainant; time and date of the complaint, details of the complaint; actions taken to remediate the cause of the complaint; and proposed actions to be taken to prevent reoccurrence in the future. The applicant should ensure that these records of complaints can be made available to ministry staff (e.g. ministry field inspection staff) during regular business hours on request.

Emergency Response and Communication Plans must cover the entire life of the project including construction, operation, and decommissioning phases. If it is anticipated that these phases will lead to changes in the plans, a description of how and when the plans will be updated should be included. This description should also note how stakeholders will be informed of changes in practice.

Having a plan to continue dialogue with the local residents for the entire project lifecycle demonstrates an ongoing desire to be a good neighbour in the local community. For more information on this and other tips for being a good neighbour, applicants should consult Chapter 11 of this guide.

9. Considerations for Projects Subject to Specific Land Use Plans

The Ontario Government has worked to protect sensitive and important natural features and water bodies through four geographically unique Provincial Policy Plans. These policies have been adopted into the provisions of the Reg. 359/09. Special considerations apply to the Design and Operations Report for projects that are proposed to be located entirely or in part on lands subject to these Provincial Policy Plans. Most importantly it may be necessary to demonstrate the need for the renewable energy project location and explain that there are no reasonable alternatives to the project location. The Provincial Policy Plans areas (as defined in their unique Legislative and Plan requirements) include the Niagara Escarpment, Lake Simcoe Watershed, Oak Ridges Moraine, and the Greenbelt. The sections below describe what should be considered for each planning area for the purposes of this report.

9.1. Niagara Escarpment

Section 32 of O. Reg. 359/09 stipulates that applicants proposing projects in the Niagara Escarpment Plan Area must submit drafts of REA reports to the Niagara Escarpment Commission (NEC) 90 days prior to the final public meeting or, if public meetings are not required to be held, 30 days before the application is submitted to the Director. Depending on the nature of the project, development permits may be required by the NEC and evidence of such permits, if applicable, must be included in the complete submission for an REA. If applicants must seek approval from the NEC, it is advised that the REA documents, such as the Design and Operations Report, be drafted in consideration of the requirements of the NEC. Applicants are encouraged to contact the NEC directly to discuss development permits.

9.2. Lake Simcoe Watershed

If the project location is in the Lake Simcoe watershed applicants may be required to provide additional documentation about shoreline protection measures as a component of the Design and Operations Report if the project location is within 30 meters of a water body, otherwise know as the vegetation protection zone.

The additional documentation must demonstrate that:

• There is no alternative but to place the structure in this area and the area occupied by such structures is minimized;
• The ecological function of the vegetation protection zone is maintained;
• Pervious materials and designs are used to the extent feasible; and
• How the project will:
  • Maintain the natural contour of the shoreline by planting natural vegetation and bioengineering as mitigation strategies.
  • Use a vegetative riparian area in respect of water bodies, except where the land is and will continue to be used for agricultural purposes.

Further information on the goals of the Lake Simcoe Protection Plan and suggested mitigation strategies to guide development of a renewable energy project in the watershed can be found in the Plan itself. This MOECC publication is entitled “Lake Simcoe Protection Plan” (2009, Publication #6932e01). Applicants proposing projects in the Lake Simcoe watershed are also advised to contact the Lake Simcoe Region conservation authority to discuss any potential permits that may be required.

9.3. Oak Ridges Moraine

Renewable energy projects at project locations that are located entirely or partly on land subject to the Oak Ridges Moraine Conservation Plan have special provisions that must be considered in an application for an REA. These provisions are located in sections 42 to 46 of O. Reg. 359/09. The provisions were incorporated in the regulation to maintain protection of the Oak Ridges Moraine in respect of renewable energy projects since these are now exempt from the Planning Act. While O. Reg. 359/09 describes the minimum legal requirements that pertain to projects in the Oak Ridges Moraine, applicants are expected to consider the full intent of the Oak Ridges Moraine Conservation Plan when evaluating negative environmental effects that will or are likely to occur as a result of the proposed project. Depending on the case-specific details of the project, this could be achieved by expanding the Design and Operations Report as follows:

• For projects in landform conservation areas of the plan, providing greater detail on the topography of landforms and a description of how the project may impact landforms including mitigation measures. Such projects should also describe the percentage of developed area and the dimensions of any land rendered impervious as a result of the project.
• Including a Storm Water Management Plan.
• Describing how the project design adheres to a watershed plan developed by a municipality or conservation authority where one exists / is in effect for the area under consideration.
• Providing an account of how planning, design and construction practices ensure that no buildings or other site alterations impede the movement of plants and animals among key natural features, hydrologically sensitive features and adjacent land within Natural Core Areas and Natural Linkage Areas defined in the Oak Ridges Moraine Conservation Plan.

Applicants for an REA are encouraged to refer to the O. Reg.140/02 made under the Oak Ridges Moraine Conservation Act, 2001 and to consult with local municipalities and conservation authorities who have additional experience interpreting the plan as it relates to the project location.

9.4 Greenbelt

Proposed projects located in the Protected Countryside of the Greenbelt are subject to additional requirements under section 41 of O. Reg. 359/09. Though these are the minimum additional requirements, as with projects in the Oak Ridges Moraine it is advised that applicants consider the intent of the Greenbelt Act, 2005 in designing renewable energy projects located in the Greenbelt. Depending on the case-specific details of the project, this could be achieved by expanding the Design and Operations Report as follows:

• Indicating the percentage of developed area and the dimensions of any land rendered impervious as a result of the project;
• Including a Storm Water Management Plan; and
• Describing how the project design adheres to a watershed plan developed by a municipality or conservation authority.

Proponents of projects in the Greenbelt are encouraged to refer to the Ministry of Municipal Affairs and Housing 2005 publication “Greenbelt Plan” and to consult with local municipalities and conservation authorities who have additional experience interpreting the plan as it relates to the project location.

10. Requirements for the Design and Operations Report in Table 1 of O. Reg. 359/09

Name of Document: Design and Operations Report

Renewable Energy Project: Any renewable energy project, other than a project in respect of a Class 2 wind facility.

Requirements:

1. Set out a site plan of the project location at which the renewable energy project will be engaged in, including,
   1. one or more maps or diagrams of,
      1. all buildings, structures, roads, utility corridors, rights of way and easements required in respect of the renewable energy generation facility and situated within 300 metres of the facility,
      2. any ground water and surface water supplies used at the facility,
      3. any things from which contaminants are discharged into the air,
      4. any works for the collection, transmission, treatment and disposal of sewage,
      5. any areas where waste, biomass, source separated organics and farm material are stored, handled, processed or disposed of,
      6. the project location in relation to any of the following within 125 metres: the portion of the Oak Ridges Moraine Conservation Plan Area that is subject to the Oak Ridges Moraine Conservation Plan, the area of the Niagara Escarpment Plan, the Protected Countryside, the Lake Simcoe watershed, and
      7. any noise receptors or odour receptors that may be negatively affected by the use or operation of the facility,
   2. a description of each item diagrammed under subparagraph i,
   3. one or more maps or diagrams of land contours, surface water drainage and any of the following, if they have been identified in complying with this Regulation: properties described in Column 1 of the Table to section 19, heritage resources, archaeological resources, water bodies, significant or provincially significant natural features and any other natural features identified in the Protected Countryside or in the portion of the Oak Ridges Moraine Conservation Plan Area that is subject to the Oak Ridges Moraine Plan,
   4. a description, map or diagram of the distance between the base of any wind turbines and any public road rights of way or railway rights of way that are within a distance equivalent to the length of any blades of the wind turbine, plus 10 metres,
   5. a description, map or diagram of the distance between the base of any wind turbines and all boundaries of the parcel of land on which the wind turbine is constructed, installed or expanded within a distance equivalent to the height of the wind turbine, excluding the length of any blades, and
   6. a description, map or diagram of the distance between the base of each wind turbine and the nearest noise receptor.
2. Set out conceptual plans, specifications and descriptions related to the design of the renewable energy generation facility, including a description of,
   1. any works for the collection, transmission, treatment and disposal of sewage, including details of any sediment control features and storm water management facilities,
   2. any things from which contaminants are discharged into the air,
   3. any systems, facilities and equipment for receiving, handling, storing and processing any waste, biomass, source separated organics, farm material and biogas, and
   4. if the facility includes a transformer substation, the works, facilities and equipment for secondary spill containment.
3. Set out conceptual plans, specifications and descriptions related to the operation of the renewable energy generation facility, including,
   1. in respect of any water takings,
      1. a description of the time period and duration of water takings expected to be associated with the operation of the facility,
      2. a description of the expected water takings, including rates, amounts and an assessment of the availability of water to meet the expected demand, and
      3. an assessment of and documentation showing the potential for the facility to interfere with existing uses of the water expected to be taken,
   2. a description of the expected quantity of sewage produced and the expected quality of that sewage at the project location and the manner in which it will be disposed of, including details of any sediment control features and storm water management facilities,
   3. a description of any expected concentration of air contaminants discharged from the facility,
   4. in respect of any biomass, source separated organics and farm material at the facility,
      1. the maximum daily quantity that will be accepted,
      2. the estimated annual average quantity that will be accepted,
      3. the estimated average time that it will remain at the facility, and
      4. the estimated average rate at which it will be used,
   5. in respect of any waste generated as a result of processes at the project location, the management and disposal of such waste, including,
      1. the expected types of waste to be generated,
      2. the estimated annual average quantity that will be accepted,
      3. the estimated average time that it will remain at the facility, and
      4. the estimated average rate at which it will be used,
   6. if the facility includes a transformer substation,
      1. a description of the processes in place to prevent spills,
      2. a description of the processes to prevent, eliminate or ameliorate any adverse effects in the event of a spill, and
      3. a description of the processes to restore the natural environment in the event of a spill.
4. Include an EEMP in respect of negative environmental effects that may result from engaging in the renewable energy project, setting out,
   1. performance objectives in respect of negative environmental effects,
   2. mitigation measures to assist in achieving the performance objectives mentioned in subparagraph i, and
   3. a program for monitoring negative environmental effects for the duration of the time that the project is engaged in, including a contingency plan to be implemented if any mitigation measures fail.
5. Include a response plan setting out a description of the actions to be taken while engaging in the renewable energy project to inform the public, aboriginal communities and municipalities, local roads boards and Local Services Boards with respect to the project, including,
   1. measures to provide information regarding the activities occurring at the project location, including emergencies,
   2. means by which persons responsible for engaging in the project may be contacted, and
   3. means by which correspondence directed to the persons responsible for engaging in the project will be recorded and addressed.
6. If the project location is in the Lake Simcoe watershed, a description of whether the project requires alteration of the shore of Lake Simcoe, the shore of a fresh water estuary of a stream connected to Lake Simcoe or other lakes or any permanent or intermittent stream and,
   1. how the project may impact any shoreline, including the ecological functions of the shoreline, and
   2. how the project will be engaged in to,
      1. maintain the natural contour of the shoreline through the implementation of natural shoreline treatments, such as planting of natural vegetation and bioengineering, and
      2. use a vegetative riparian area, unless the project location is used for agricultural purposes and will continue to be used for such purposes.
7. If it is determined that the project location is not on a property described in Column 1 of the Table to section 19, provide a summary of the matters addressed in making the determination.
8. If section 20 applies in respect of the project and it is determined that the project location does not meet one of the descriptions set out in subsection 20 (2) or that the project location is not in an area described in subsection 20 (3), provide a summary of the matters addressed in making the determination.
9. If subsection 21 (3) or 23 (2) applies, provide a summary of the matters addressed in making the determination,
   1. under subsection 21 (3) or clause 23 (2) (a), as the case may be, including a copy of the document completed under the applicable provision, and
   2. under clause 23 (3) (b), if applicable.

Renewable Energy Project: Any renewable energy project, other than a project in respect of a Class 2 wind facility.