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O. Reg. 447/03: GENERAL

filed December 19, 2003 under Nutrient Management Act, 2002, S.O. 2002, c. 4

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ontario regulation 447/03

made under the

Nutrient Management Act, 2002

Made: December 17, 2003
Filed: December 19, 2003
Printed in The Ontario Gazette: January 3, 2004

Amending O. Reg. 267/03

(General)

1. (1) The definition of “accredited certifier” in subsection 1 (1) of Ontario Regulation 267/03 is revoked and the following substituted:

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

(2) The definition of “agricultural source material” in subsection 1 (1) of the Regulation is revoked and the following substituted:

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

1. Manure produced by farm animals, including associated bedding materials.

2. Runoff from farm-animal yards and manure storages.

3. Washwaters from agricultural operations that have not been mixed with human waste.

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

(3) Subsection 1 (1) of the Regulation is amended by adding the following definition:

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

(4) The definition of “aquifer” in subsection 1 (1) of the Regulation is amended by striking out “loose material” and substituting “saturated loose material”.

(5) The definition of “commercial fertilizer” in subsection 1 (1) of the Regulation is revoked and the following substituted:

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

(6) The definition of “compacted soil liner” in subsection 1 (1) of the Regulation is amended by striking out “Proctor” and substituting “Proctor density”.

(7) The definition of “Construction and Siting Protocol” in subsection 1 (1) of the Regulation is amended by striking out “June 30, 2003” and substituting “December 10, 2003”.

(8) The definition of “facultative hydrophilic plants” in subsection 1 (1) of the Regulation is revoked.

(9) Subsection 1 (1) of the Regulation is amended by adding the following definition:

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

(10) The definition of “Local Advisory Committee Protocol” in subsection 1 (1) of the Regulation is amended by striking out “June 30, 2003” and substituting “December 10, 2003”.

(11) The definition of “low-density permanent outdoor confinement area” in subsection 1 (1) of the Regulation is revoked and the following substituted:

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

(12) The definition of “maximum sustained slope” in subsection 1 (1) of the Regulation is amended by striking out “average”.

(13) The definition of “NMAN” in subsection 1 (1) of the Regulation is amended by striking out “June 30, 2003” wherever that expression occurs and substituting in each case “December 10, 2003”.

(14) The definition of “non-agricultural source material” in subsection 1 (1) of the Regulation is revoked and the following substituted:

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

1. Pulp and paper biosolids.

2. Sewage biosolids.

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

(15) The definition of “Nutrient Management Protocol” in subsection 1 (1) of the Regulation is amended by striking out “June 30, 2003” and substituting “December 10, 2003”.

(16) The definition of “obligate hydrophilic plants” in subsection 1 (1) of the Regulation is revoked.

(17) The definition of “permanent outdoor confinement area” in subsection 1 (1) of the Regulation is revoked and the following substituted:

“permanent outdoor confinement area” means an outdoor confinement area that is either a high-density permanent outdoor confinement area or a low-density permanent outdoor confinement area;

(18) The definition of “prescribed material” in subsection 1 (1) of the Regulation is revoked and the following substituted:

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

(19) Subsection 1 (1) of the Regulation is amended by adding the following definition:

“pulp and paper biosolids” means solid or liquid material that results from the treatment of wastewater generated by a manufacturer of pulp, paper, recycled paper or paper products including corrugated cardboard;

(20) The definition of “runoff” in subsection 1 (1) of the Regulation is revoked and the following substituted:

“runoff” means a liquid that,

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

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

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

(21) The definition of “Sampling and Analysis Protocol” in subsection 1 (1) of the Regulation is amended by striking out “June 30, 2003” and substituting “December 10, 2003”.

(22) Subsection 1 (1) of the Regulation is amended by adding the following definition:

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

(23) The definition of “water table” in subsection 1 (1) of the Regulation is revoked and the following substituted:

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

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

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

(25) Section 1 of the Regulation is amended by adding the following subsection:

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

2. (1) The definition of “surface water” in subsection 2 (1) of the Regulation is revoked and the following substituted:

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

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

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

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

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

(ii) has hydric soils and vegetation dominated by hydrophytic or water-tolerant plants.

(2) Paragraph 6 of subsection 2 (2) of the Regulation is revoked and the following substituted:

6. Artificial bodies of water intended for the storage, treatment or recirculation of runoff from farm-animal yards, manure storage facilities and sites and outdoor confinement areas.

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

Application of Regulation

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

4. (1) Clause 9 (1) (b) of the Regulation is revoked and the following substituted:

(b) a non-agricultural operation that generates non-agricultural source materials for application to land.

(2) Subsection 9 (2) of the Regulation is revoked and the following substituted:

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

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

(b) each non-agricultural operation that generates non-agricultural source materials for application to land.

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

Construction of buildings or structures

11.1 If this Regulation requires a person who owns or controls an agricultural operation to have a nutrient management strategy for carrying out the operation, no person shall construct a building or structure on a farm unit on which the operation is carried out, where the building or structure is used to house farm animals or store nutrients, unless the nutrient management strategy has been prepared and, if applicable, approved in accordance with this Regulation.

6. (1) Subsection 12 (1) of the Regulation is revoked and the following substituted:

Phasing-in, non-agricultural operations

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

TABLE

Column 1	Column 2	Column 3
Item	Type of non-agricultural source materials generated and circumstances	Date of phasing-in
1.	Pulp and paper biosolids.	January 1, 2008
2.	Sewage biosolids if,
	(a) the operation is a municipal sewage treatment works that has an approved design capacity of fewer than 4,450 cubic metres per day;	January 1, 2008
	(b) the operation is a municipal sewage treatment works that has an approved design capacity of 4,450 cubic metres or more per day but no more than 45,400 cubic metres per day;	January 1, 2007
	(c) the operation is a municipal sewage treatment works that has an approved design capacity of more than 45,400 cubic metres per day.	January 1, 2005
3.	Non-agricultural source material that is not described in item 1 or 2.	January 1, 2007

(2) The definition of “municipal sewage processor” in subsection 12 (2) of the Regulation is amended by striking out “municipal sewage processor” and substituting “municipal sewage treatment works”.

7. The Regulation is amended by adding the following section before Part III:

Construction of buildings or structures

15.1 If this Regulation requires a person who owns or controls an agricultural operation to have a nutrient management plan for carrying out the operation, no person shall construct a building or structure on a farm unit on which the operation is carried out, where the building or structure is used to house farm animals or store nutrients, unless the nutrient management plan has been prepared and, if applicable, approved in accordance with this Regulation.

8. Clause 17 (1) (c) of the Regulation is revoked and the following substituted:

9. (1) Subsection 20 (2) of the Regulation is revoked.

(2) Section 20 of the Regulation is amended by adding the following subsections:

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

(3.2) If this Regulation requires a person who owns or controls the agricultural operation receiving the prescribed materials mentioned in subsection (3.1) to have a nutrient management strategy or nutrient management plan for carrying out the operation, the strategy or plan must provide for the management of the transferred materials at the operation.

10. (1) Subparagraph 2 iii of section 22 of the Regulation is revoked.

(2) Subparagraph 2 iv of section 22 of the Regulation is amended by striking out “intermediate handler” and substituting “intermediate generator”.

11. Clause 24 (1) (c) of the Regulation is revoked and the following substituted:

12. Clause 27 (1) (a) of the Regulation is revoked and the following substituted:

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

13. Subsection 28 (5) of the Regulation is amended by striking out “(b)”.

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

Amendment of approval

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

(2) A Director who, under subsection (1), amends an approval for a nutrient management strategy or plan for an operation shall notify the person who owns or controls the operation or the farm unit on which the operation is carried out of the amendment.

Suspension of approval

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

(a) the Director is of the opinion that the continuing usage of the strategy or plan will result in a health hazard or an adverse effect described in subsection 18 (3) of the Act; and

(b) one of the following conditions is met:

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

(ii) the conditions described in the strategy or plan are not consistent with the conditions that exist on the operation or the farm unit on which the operation is carried out.

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

(3) A Director may reinstate an approval that has been suspended if the reason for suspending the approval no longer exists and there are no additional grounds for suspending the approval.

Revocation of approval

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

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

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

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

(d) the approval has been suspended.

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

15. Sections 33 and 34 of the Regulation are revoked and the following substituted:

Duration of certification

33. The certification of a nutrient management strategy or plan remains in force as long as the strategy or plan remains in force.

16. (1) Subsection 35 (1) of the Regulation is amended by striking out “Subject to subsection (2)”.

(2) Subsection 35 (2) of the Regulation is revoked.

17. Paragraphs 1 and 3 of subsection 36 (2) of the Regulation are revoked and the following substituted:

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

. . . . .

3. The operation identifier for the operation in the course of which the materials were generated or for the farm unit where the operation is carried out.

18. Section 41 of the Regulation is revoked.

19. (1) Subsection 42 (2) of the Regulation is revoked and the following substituted:

(2) Land is divided into the hydrologic soil groups as determined in accordance with the Drainage Guide for Ontario.

(2) The Table to subsection 42 (3) of the Regulation is revoked and the following substituted:

TABLE

Column 1	Column 2
Hydrologic soil group	Runoff Potential
	Maximum sustained field slope of the land within 150 metres of the top of the bank of surface water
	at least 3% but less than 6%	at least 6% but less than 9%	at least 9% but less than 12 %
Category A: Rapid	Very Low	Low	High
Category B: Moderate	Low	Moderate	High
Category C: Slow	Moderate	High	No application allowed
Category D: Very Slow	High	High	No application allowed

20. The definition of “compost” in subsection 43 (6) of the Regulation is amended by striking out “for the purposes of this Regulation”.

21. Subsection 44 (3) of the Regulation is revoked and the following substituted:

(3) No person shall apply nutrients within the vegetated buffer zone except for an amount of commercial fertilizer that is reasonable to establish or maintain the vegetation of the buffer zone.

(3.1) For the purposes of subsection (3), a person shall be deemed to apply commercial fertilizer to establish or maintain the vegetation of a vegetated buffer zone if the person applies the fertilizer,

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

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

22. Sections 47 and 48 of the Regulation are revoked and the following substituted:

Prohibitions on application of prescribed materials

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

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

(b) at any other time when the soil of the land is snow-covered or frozen.

(2) Subsection (1) applies to,

(a) land that is subject to flooding once or more every five years according to flood plain mapping provided by the municipality or conservation authority having jurisdiction over the land; or

(b) land where water collects during a rainstorm or thaw and flows directly into surface water.

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

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

(b) at any other time when the soil of the land is snow-covered or frozen.

Requirements for application of prescribed materials

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

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

(a) the application must be done by,

(i) injection,

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

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

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

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

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

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

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

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

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

(a) the application must be done by,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(iv) the maximum slope of the area of application must be less than 3 per cent.

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

(a) the application must be done by,

(i) injection,

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

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

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

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

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

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

23. Subsection 50 (4) of the Regulation is revoked and the following substituted:

(4) Each person who uses a direct flow application system shall ensure that the system is designed and operated so that when it is shut down no manure or non-agricultural source materials continue to flow from the storage facility by siphoning or other means.

24. (1) Subsection 54 (1) of the Regulation is amended by striking out “impervious” in the portion before clause (a).

(2) Clause 54 (1) (a) of the Regulation is revoked and the following substituted:

(a) consists of concrete;

(3) Clause 54 (1) (b) of the Regulation is amended by striking out “a water table” and substituting “an aquifer”.

(4) Clause 54 (1) (c) of the Regulation is revoked and the following substituted:

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

(ii) is designed and constructed under the supervision of a professional engineer.

(5) Subsection 54 (3) of the Regulation is revoked and the following substituted:

(3) A person who owns or controls a low-density permanent outdoor confinement area used in the course of an agricultural operation that is carried out on a farm unit, on which the number of farm animals is not sufficient to generate 300 nutrient units, shall ensure that the load-bearing surface of the confinement area has a layer that,

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

(b) consists of concrete; or

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

(ii) is designed and constructed under the supervision of a professional engineer.

25. Subsection 59 (1) of the Regulation is revoked.

26. (1) Subsection 60 (1) of the Regulation is amended by striking out “livestock” and substituting “animals”.

(2) Subsection 60 (3) of the Regulation is amended by striking out “a livestock management” and substituting “an animal management”.

27. (1) Clause 63 (1) (c) of the Regulation is revoked and the following substituted:

(2) Clause 63 (2) (b) of the Regulation is revoked and the following substituted:

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

(3) Subsection 63 (3) of the Regulation is amended by adding “or tile inlet” at the end.

28. (1) Paragraph 2 of subsection 65 (2) of the Regulation is revoked and the following substituted:

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

(2) Paragraph 3 of subsection 65 (2) of the Regulation is amended by striking out “or compacted granular material”.

(3) Paragraph 5 of subsection 65 (2) of the Regulation is amended by striking out “intermediate handlers” and substituting “intermediate generators”.

(4) Subsection 65 (3) of the Regulation is amended by striking out “intermediate handlers” and substituting “intermediate generators” in the portion before clause (a).

(5) Clauses 65 (3) (b), (c) and (d) of the Regulation are revoked and the following substituted:

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

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

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

(6) Clause 65 (3) (f) of the Regulation is amended by striking out “Proctor” and substituting “Proctor density”.

29. Section 66 of the Regulation is revoked and the following substituted:

Permanent solid nutrient storage facility

66. (1) On or after the day on which this Regulation requires an operation to have a nutrient management strategy or nutrient management plan, no person shall construct or expand a permanent solid nutrient storage facility described in subsection (2) unless the person retains the services of a professional engineer or professional geoscientist to carry out a stage one hydrogeologic or geotechnical investigation of the site of the proposed facility that establishes,

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

(b) the fact that there is at least 0.5 metres of hydraulically secure soil between the bottom of the proposed facility and the uppermost identified bedrock or aquifer.

(2) Subsection (1) applies to a permanent solid nutrient storage facility used in the course of the operation on a farm unit where the facility does not have a concrete floor and where,

(a) the number of farm animals on the farm units is sufficient to generate 300 or more nutrient units annually; or

(b) the following conditions are met:

(i) the person who owns or controls the farm unit submits an application, on or after September 30, 2003, for a building permit under the Building Code Act, 1992 with respect to any building or structure that is used to house farm animals and that is located or to be located on the farm unit,

(ii) the construction work on the building or structure authorized by the building permit would increase the capacity of the farm unit to house farm animals to a number that would be sufficient to generate 300 or more nutrient units annually.

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

Construction or expansion of buildings

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

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

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

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

(b) the nutrient management strategy for the operation does not provide for their use or disposal.

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

(a) generates and uses only solid manure; or

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

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

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

31. Subsection 72 (1) of the Regulation is amended by striking out “corrosion resistance and protection of reinforcements of the facility” and substituting “and corrosion resistance of the concrete and to protect the reinforcing materials, if any, in the concrete”.

32. Subsection 75 (1) of the Regulation is amended by striking out “of the materials” where it appears the first time.

33. Clause 76 (a) of the Regulation is revoked and the following substituted:

(a) the load factor, α_L, as defined in clause 4.1.3.1. (1) (c) of Part 4 of the Building Code made under the Building Code Act, 1992 for liquid loads is 1.5 or another value that a professional engineer is satisfied should be used;

34. The following provisions of the Regulation are amended by striking out “manure gases” and substituting “gases from agricultural source materials”:

1. Subsection 78 (1).

2. Subsection 78 (2).

35. Clause 79 (a) of the Regulation is revoked and the following substituted:

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

36. (1) Subsection 81 (2) of the Regulation is revoked and the following substituted:

(2) On or after the day on which this Regulation requires an operation to have a nutrient management strategy or nutrient management plan, no person shall construct or expand a farm-animal yard lined with concrete or other paving material of equal or lesser permeability, other than a permanent outdoor confinement area, unless it is equipped with a runoff management system that handles all of the runoff generated by the yard and that complies with this section.

(2) Subsection 81 (3) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

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

. . . . .

(3) Clause 81 (4) (a) of the Regulation is revoked and the following substituted:

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

(4) Subsection 81 (5) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

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

. . . . .

(5) Clause 81 (5) (b) of the Regulation is amended by striking out “outdoor livestock confinement area” and substituting “outdoor confinement area”.

(6) Subclause 81 (6) (b) (ii) of the Regulation is revoked and the following substituted:

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

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

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

37. Paragraph 3 of subsection 83 (1) of the Regulation is amended by striking out “as defined by the Drainage Guide for Ontario”.

38. (1) Clauses 85 (1) (b), (c) and (d) of the Regulation are revoked and the following substituted:

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

(2) Subsection 85 (2) of the Regulation is amended by striking out the portion before paragraph 1 and substituting the following:

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

. . . . .

(3) Paragraph 1 of subsection 85 (2) of the Regulation is amended by striking out “Column 1” and substituting “Column 2”.

(4) Paragraph 2 of subsection 85 (2) of the Regulation is amended by striking out “Column 2” and substituting “Column 3” and by striking out “Column 1” and substituting “Column 2”.

(5) Paragraph 3 of subsection 85 (2) of the Regulation is amended by striking out “Column 2” and substituting “Column 3” and by striking out “Column 1” and substituting “Column 2”.

(6) Paragraph 5 of subsection 85 (2) of the Regulation is revoked and the following substituted:

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

(7) The Table to subsection 85 (2) of the Regulation is revoked and the following substituted:

TABLE

	Column 1	Column 2	Column 3
Item		Management Techniques and Field Conditions for Materials Stored in a Temporary Field Nutrient Storage Site	Days
1.	Percentage of dry matter	Nutrients stored in the site have a dry matter content of,
		(a) 50 per cent or more;	+60
		(b) 30 per cent or more, but less than 50 per cent;	+30
		(c) 18 per cent or more, but less than 30 per cent.	+0
2.	Percentage of nitrogen and percentage of phosphorus	The percentage of total nitrogen combined with the percentage of total phosphorus, both on a wet basis, is,
		(a) less than 0.8 per cent;	+60
		(b) at least 0.8 per cent, but less than 1.6 per cent;	+30
		(c) 1.6 per cent or more.	+0
3.	Drainage tile and bedrock location	There are no field drainage tiles at any depth of the soil surface and no bedrock within 0.9 metres of the soil surface, located,	+0
		(a) under the site;
		(b) within 3 metres of the perimeter of the site; or
		(c) within the first 50 metres of the flow path to surface water.
		There are field drainage tiles at any depth of the soil surface or bedrock within 0.9 metres of the soil surface, located,	–60
		(a) under the site;
		(b) within 3 metres of the perimeter of the site; or
		(c) within the first 50 metres of the flow path to surface water.
4.	Soil type under the site	The site is situated on soil included in the following hydrologic soil groups as defined by the Drainage Guide for Ontario:
		B, C or D.	+30
		A.	+0
5.	Perimeter of the site	The outer edge of the site, at the ground surface, has a perimeter of,
		(a) less than 100 metres;	+30
		(b) 100 metres or more.	+0
6.	Covers and tarps	The site is covered with a rain-shedding tarp that,	+120
		(a) has been anchored against wind removal;
		(b) has been placed on the site on the same day on which the first materials were placed on the site; and
		(c) remains in place for the entire storage period.
		The site is not covered with such a rain-shedding tarp.	+0
7.	Distance to surface water	The site has a flow path to the nearest surface water or water inlet for field tile drainage of,
		(a) 150 metres or more;	+30
		(b) at least 50 metres but less than 150 metres.	+0
8.	Location of the site	The site is situated on the same location, or within 125 metres of the same location,
		(a) not more often than once every three years;	+60
		(b) more often than once every three years.	+0
9.	Materials removed from the site	The site is not situated on the same location, or within 125 metres of the same location, more often than once every three years and the materials stored on the site are removed from the site and applied to land during the period between August 15 and October 15 in any one year.	+60
		The situation described in the box immediately above does not apply to the site.	+0
10.	Turning of stored materials	The pile of materials stored on the site,	+120
		(a) has a dry matter content of between 25 and 60 per cent;
		(b) has a ratio of carbon to nitrogen of between 20:1 and 40:1; and
		(c) is turned so that every piece of material in the pile is displaced from its former position and mixed or inverted once weekly for the first three weeks, and once monthly after that.
		The situation described in the box immediately above does not apply to the site.	+0

39. (1) Clauses 86 (b) and (c) of the Regulation are revoked and the following substituted:

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

(2) Section 86 of the Regulation is amended by adding “and” at the end of clause (d) and by adding the following clause:

(e) a record of the management techniques and field conditions set out in Column 2 of the Table to subsection 85 (2).

40. (1) Clause 87 (1) (a) of the Regulation is amended by striking out “constructed and designed” and substituting “designed and constructed”.

(2) Subsection 87 (4) of the Regulation is amended by striking out “shutoff value” and substituting “shut-off valve”.

41. The heading to Part IX of the Regulation is amended by striking “ANALYSIS” and substituting “ANALYSIS AND”.

42. (1) The definition of “approved design capacity” in section 89 of the Regulation is revoked.

(2) The definition of “parameter” in section 89 of the Regulation is amended by adding the following paragraph:

7.1 pH of the material being analyzed.

43. Subsection 90 (1) of the Regulation is revoked and the following substituted:

Sampling, analysis and calculation procedures

(1) Each person who is required to have a sample analyzed in relation to a parameter under this Part shall have the analysis done in accordance with this Part and the methods specified in the Sampling and Analysis Protocol, unless this Regulation specifies otherwise.

44. Subsection 91 (1) of the Regulation is amended by striking out “are to be applied” and substituting “are applied” in the portion before clause (a).

45. (1) Subsection 94 (1) of the Regulation is amended by striking out “land, subject to” and substituting “land” in the portion before clause (a).

(2) Clause 94 (3) (a) of the Regulation is amended by striking out “10,000 milligrams per litre or more” and substituting “10,000 milligrams or more per litre”.

(3) Clause 94 (4) (a) of the Regulation is amended by striking out “at same sampling location” and substituting “at the same sampling location”.

46. Clauses 95 (2) (a) and (b) of the Regulation are revoked and the following substituted:

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

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

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

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

47. (1) Section 97 of the Regulation is amended by adding the following subsection:

Prohibitions on application to land

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

(2) Subsection 97 (1) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

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

. . . . .

(3) Clause 97 (1) (c) of the Regulation is amended by,

(a) striking out “10,000 milligrams per litre of material or more” and substituting “10,000 milligrams or more per litre”; and

(b) striking out “or” at the end.

(4) Clause 97 (1) (d) of the Regulation is amended by striking out “10,000 milligrams per litre of material or more” and substituting “10,000 milligrams per litre”.

(5) Subsection 97 (1) of the Regulation is amended by adding the following clauses:

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

(f) the land has a soil pH value, as determined in accordance with the Sampling and Analysis Protocol, of less than six, unless the materials are used for the purpose of increasing the soil pH value to more than six.

(6) Subsection 97 (2) of the Regulation is revoked and the following substituted:

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

48. Section 98 of the Regulation is revoked and the following substituted:

Prohibition on transfer of non-agricultural source materials

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

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

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

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

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

(b) the material has not been subjected to a pathogen treatment process option set out in the Nutrient Management Protocol, if the material is a sewage biosolid.

49. Table 1 of Part IX of the Regulation is amended by striking out “non-agricultural materials” wherever that expression occurs and substituting in each case “non-agricultural source materials”.

50. Table 2 of Part IX of the Regulation is revoked and the following substituted:

Table 2
Standards for Regulated Metals in Materials Applied to Land that are not Sewage Biosolids

Column 1	Column 2	Column 3	Column 4	Column 5
Regulated Metals	Maximum metal concentration in materials that contain total solids dry weight of less than 10,000 milligrams per litre	Maximum metal concentration in materials that contain total solids dry weight of 10,000 milligrams or more per litre	Maximum permissible metal addition to soil receiving non-agricultural source materials	Maximum metal concentration in soils receiving non-agricultural source materials
Regulated Metals	(mg of metal / L)	(mg / Kg of total solids dry weight)	(Kg / Ha / 5 Years)	(mg / Kg of Soil, dry weight)
Arsenic	1.70	170	1.40	14
Cadmium	0.34	34	0.27	1.6
Cobalt	3.40	340	2.70	20
Chromium	28	2800	23.30	120
Copper	17	1700	13.60	100
Mercury	0.11	11	0.09	0.5
Molybdenum	0.94	94	0.80	4
Nickel	4.20	420	3.56	32
Lead	11	1100	9.00	60
Selenium	0.34	34	0.27	1.6
Zinc	42	4200	33.00	220

51. Table 3 of Part IX of the Regulation is revoked and the following substituted:

Table 3
Non-Agricultural Source Materials Sampling — Parameters and Frequencies

Column 1	Column 2	Column 3	Column 4
Type of non-agricultural source material	Parameters	Minimum Sampling Frequency	Alternate Minimum Sampling Frequency
Sewage biosolids	1. total kjeldahl nitrogen 2. ammonia and ammonium nitrogen 3. nitrate and nitrite nitrogen 4. total phosphorus 5. total solids 6. volatile solids 7. regulated metals 8. E.Coli	For parameters 1 to 8 in Column 2,	For parameters 1 to 8 in Column 2,
		(a) for sewage treatment works with an approved design capacity of 45,400 cubic metres or less per day, the person shall collect two samples within 30 days before the application of the material to land and two additional samples within 90 days before the application of the material to land; each sample shall be collected with a minimum interval of two days between the samples collected;	(a) for sewage treatment works with an approved design capacity of 45,400 cubic metres or less per day, the person shall collect one sample within 30 days before the application of the material to land and one additional sample within 90 days before the application of the material to land, with a minimum interval of two days between each sample;
		(b) for sewage treatment works with an approved design capacity of greater than 45,400 cubic metres per day, the person shall collect no less than two samples per month with a minimum interval of two days between each sample.	(b) for sewage treatment works with an approved design capacity of greater than 45,400 cubic metres per day, the person shall collect no less than one sample per month with a minimum interval of two days between each sample.
Materials that are not sewage biosolids	1. total kjeldahl nitrogen 2. ammonia and ammonium nitrogen 3. nitrate and nitrite nitrogen 4. total phosphorus 5. total solids 6. volatile solids 7. regulated metals	For materials having a concentration of total solids of 10,000 milligrams or more per litre,	For materials having a concentration of total solids of 10,000 milligrams or more per litre,
		(a) in relation to generators that generate the material at a rate of 2,500 tonnes dry weight or less per year, the person shall collect two samples within 30 days before the application of the material to land and two additional samples within 90 days before the application of the material to land; each sample shall be collected with a minimum interval of two days between the samples collected;	(a) in relation to generators that generate the material at a rate of 2,500 tonnes dry weight or less per year, the person shall collect one sample within 30 days before the application of the material to land and one additional sample within 90 days before the application of the material to land, each sample shall be collected with a minimum interval of two days between the samples collected;
		(b) in relation to generators that generate the material at a rate greater than 2,500 tonnes dry weight per year, the person shall collect no less than two samples per month with a minimum interval of two days between the samples collected.	(b) in relation to generators that generate the material at a rate greater than 2,500 tonnes dry weight per year, the person shall collect no less than one sample per month with a minimum interval of two days between the samples collected.
		For materials having a concentration of total solids of less than 10,000 milligrams per litre,	For materials having a concentration of total solids of less than 10,000 milligrams per litre:
		(a) in relation to generators that generate the material at a rate of 250,000 cubic metres or less per year, the person shall collect two samples within 30 days before the application of the material to land and two additional samples within 90 days before the application of the material to land; each sample shall be collected with a minimum interval of two days between the samples collected;	(a) in relation to generators that generate the material at a rate of 250,000 cubic metres or less per year, the person shall collect one sample within 30 days before the application of the material to land and one additional sample within 90 days before the application of the material to land; each sample shall be collected with a minimum interval of two days between the samples collected;
		(b) in relation to generators that generate the material at a rate greater than 250,000 cubic metres per year, the person shall collect no less than two samples per month; each sample shall be collected with a minimum interval of two days between the samples collected.	(b) in relation to generators that generate the material at a rate greater than 250,000 cubic metres per year, the person shall collect no less than one sample per month; each sample shall be collected with a minimum interval of two days between the samples collected.

52. Paragraph 5 of section 99 of the Regulation is revoked and the following substituted:

5. Acting as a broker if,

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

ii. this Regulation requires the operation to which the broker transfers the materials to have a nutrient management plan.

53. (1) Subsection 100 (1) of the Regulation is amended by adding “or has alternate qualifications that a Director considers equivalent” at the end.

(2) Clause 100 (4) (b) of the Regulation is revoked and the following substituted:

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

54. The following provisions of the Regulation are amended by striking out “previous formal or non-formal training” and substituting “alternate qualifications”:

1. Clause 101 (2) (b).

2. Clause 102 (2) (b).

55. (1) Subsection 103 (2) of the Regulation is amended by striking out “non-agricultural strategy development certificate” and substituting “non-agricultural operation strategy development certificate”.

(2) Clause 103 (3) (b) of the Regulation is revoked and the following substituted:

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

56. Section 104 of the Regulation is amended by adding the following subsection:

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

57. The following provisions of the Regulation are amended by striking out “previous formal or non-formal training” and substituting “alternate qualifications”:

1. Clause 104 (2) (c).

2. Clause 105 (3) (c).

58. (1) Subsection 106 (1) of the Regulation is revoked and the following substituted:

Broker certificate

(1) On or after December 31, 2005, no person shall act as a broker in a transaction described in subsection (1.1) unless the person holds a broker certificate issued under this section.

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

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

(b) this Regulation requires the operation to which the broker in the transaction transfers the materials to have a nutrient management plan.

(2) The following provisions of the Regulation are amended by striking out “6 (2) (e)” and substituting “6 (2) (c)”:

1. Clause 106 (2) (a).

2. Clause 106 (3) (a).

(3) Clause 106 (2) (b) of the Regulation is amended by striking out “previous formal or non-formal training” and substituting “alternate qualifications”.

59. (1) Subsection 107 (1) of the Regulation is revoked and the following substituted:

Prescribed materials application business licence

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

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

(2) Clause 107 (2) (b) of the Regulation is amended by striking out “previous formal or non-formal training” and substituting “alternate qualifications”.

60. (1) Subsection 108 (1) of the Regulation is revoked and the following substituted:

Nutrient application technician licence

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

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

(2) Clause 108 (2) (b) of the Regulation is amended by striking out “previous formal or non-formal training” and substituting “alternate qualifications”.

61. Subsection 110 (2) of the Regulation is amended by adding “and shall keep the report as a record” at the end.

O. Reg. 447/03: GENERAL

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