jswizzle3737/ontario_laws_and_regs huggingface dataset:
Application of Part
 62.1 (1) Subject to subsections (2), (3) and (4), this Part applies to an operation only if this Regulation requires the operation to have a nutrient management strategy, nutrient management plan or NASM plan. O. Reg. 338/09, s. 47. (2) Except for sections 63 and 81, this Part does not apply to a permanent solid nutrient storage facility that has, (a) a volume of less than 600 cubic metres; (b) a surface area of less than 600 square metres; and (c) walls that do not have an exposed height of more than 1 metre. O. Reg. 338/09, s. 47. (2.1) Despite subsection (2), this Part applies to a permanent nutrient storage facility that, (a) is located on a farm unit on which an agricultural operation treats materials through mixed anaerobic digestion in a regulated mixed anaerobic digestion facility that receives more than 10,000 cubic metres of off-farm anaerobic digestion materials in any 12-month period; and (b) is used to store solid manure as on-farm anaerobic digestion materials received from one or more agricultural operations that are located on a farm unit other than the farm unit where the regulated mixed anaerobic digestion facility is located. O. Reg. 508/21, s. 9. (2.2) Despite subsection (2), this Part applies to a storage facility that, (a) is part of a regulated mixed anaerobic digestion facility that receives more than 10,000 cubic metres of off-farm anaerobic digestion materials in any 12-month period; and (b) is used to store either or both of, (i) off-farm anaerobic digestion materials, or (ii) on-farm anaerobic digestion materials that are fruit, vegetables or plant materials from the production and processing of fruit or vegetables. O. Reg. 508/21, s. 9. (3) Sections 81 to 81.4 and 82 to 86 apply with respect to the storage of NASM even if the operation is not required to have a nutrient management strategy, nutrient management plan or NASM plan. O. Reg. 338/09, s. 47. (4) This Part does not apply to a permanent nutrient storage facility or temporary field nutrient storage site that is subject to an environmental compliance approval issued in respect of an activity mentioned in subsection 27 (1) of the Environmental Protection Act. O. Reg. 338/09, s. 47; O. Reg. 266/11, s. 8.
Facilities for storage of anaerobic digestion materials
 62.2 (1) When an operation is required to have a nutrient management strategy because it treats anaerobic digestion materials through mixed anaerobic digestion in a regulated mixed anaerobic digestion facility, (a) every reference in this Part to a permanent nutrient storage facility shall be read as including a reference to a facility for the storage of off-farm anaerobic digestion materials and to an anaerobic digestion vessel that are components of the regulated mixed anaerobic digestion facility; (b) every reference in this Part to a permanent nutrient storage facility shall be read as including a reference to a facility for the storage of on-farm materials that are fruit, vegetables or plant materials from the production and processing of fruit or vegetables that is a component of the regulated mixed anaerobic digestion facility where more than 10,000 cubic metres of off-farm anaerobic digestion materials was received at the farm unit where the regulated mixed anaerobic digestion facility is located in any preceding 12-month period; and (c) the provisions of this Part that relate to a permanent liquid nutrient storage facility and a permanent solid nutrient storage facility apply, with necessary modifications, to the facilities described in clauses (a) and (b). O. Reg. 508/21, s. 10. (2) Despite subsection (1), an anaerobic digestion vessel and any facility for the storage of off-farm or on-farm anaerobic digestion materials is not a permanent nutrient storage facility for the purposes of subsection 69 (1) and subsection 71 (1). O. Reg. 508/21, s. 10.
Facilities subject to approval
 62.3 A permanent nutrient storage facility or temporary field nutrient storage site that is used to store NASM and that is subject to an environmental compliance approval issued in respect of an activity mentioned in subsection 27 (1) of the Environmental Protection Act, (a) is not a NASM storage facility for the purposes of this Regulation; and (b) is not part of a NASM plan area. O. Reg. 266/11, s. 9. Permanent Nutrient Storage Facilities — Siting
Permanent Nutrient Storage Facilities — Siting
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Site Characterizations
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Who can carry out investigations
 64. No person shall carry out a hydrogeologic or geotechnical investigation for the purposes of this Part unless the person is a professional engineer or a professional geoscientist or is working under the supervision of a professional engineer or a professional geoscientist. O. Reg. 267/03, s. 64.
Permanent 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 bedrock or the uppermost identified 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 bedrock or the uppermost identified aquifer. O. Reg. 447/03, s. 29; O. Reg. 338/09, s. 50 (1, 2). (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 unit is sufficient to generate 300 or more nutrient units annually; or (b) the conditions set out in subsection (3) are met. O. Reg. 338/09, s. 50 (3). (3) The conditions referred to in clause (2) (b) are: 1. The person who owns or controls the farm unit, i. 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 or to store manure and that is located or to be located on the farm unit, or ii. constructs or causes to be constructed any building or structure that is used to house farm animals or to store manure and that is located or to be located on the farm unit, if a building permit in respect of the building or structure would be required under the Building Code Act, 1992 but for the application of clause 1.3.1.1. (1) (b) of Division C of the Building Code. 2. The construction work on the building or structure would increase the capacity of the farm unit to house farm animals to a number that would be sufficient to generate 300 or more nutrient units annually. O. Reg. 338/09, s. 50 (3). (4) On or after the day on which this Regulation requires an operation to have a NASM plan for a NASM plan area, no person shall construct or expand a permanent solid NASM storage facility that is used on the NASM plan area in the course of the operation unless the facility has a concrete floor. O. Reg. 338/09, s. 50 (4).
Sealing test holes
 68. The qualified professional supervising the construction or expansion of a permanent nutrient storage facility shall ensure that the test holes that are excavated in the course of the site characterization and that are not required for any further purpose after the site characterization are plugged and sealed to provide a level of hydraulic conductivity that is the same or less than the hydraulic conductivity of the surrounding undisturbed soil. O. Reg. 267/03, s. 68. Storage Capacity for Operations
Storage Capacity for Operations
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Nutrient storage capacity
 69. (1) Subject to subsections (2) to (6), no person shall control a livestock operation, for which this Regulation requires a nutrient management strategy or nutrient management plan and in the course of which manure is generated on a farm unit unless it includes, as part of the farm unit, a permanent nutrient storage facility, a temporary field nutrient storage site or a combination of such facilities and sites that is capable of containing at least all of the nutrients generated or received in the course of the operation during a period of 240 days. O. Reg. 267/03, s. 69 (1). (2) If a person who owns or controls a livestock operation has a nutrient management strategy for the operation that provides for the use or transfer of some or all of the nutrients generated in the course of the operation by a means that eliminates the need for storing the nutrients on the farm unit for 240 days, the storage capacity of the operation must be at least equal to the storage capacity that the strategy requires. O. Reg. 267/03, s. 69 (2). (3) If a person owns or controls a livestock operation described in subsection (4), the storage capacity of the operation must be equal to the storage capacity that the nutrient management plan for the operation requires for the operation, if the plan provides for the application to land, on a schedule of times that eliminates the need for storing nutrients on the farm unit for 240 days, of, (a) all of the nutrients received in the course of the operation; and (b) the nutrients generated in the course of the operation, if the nutrient management strategy for the operation does not provide for their use or disposal. O. Reg. 267/03, s. 69 (3). (4) Subsection (3) applies to a livestock operation, (a) that generates and uses only solid manure; or (b) that generates liquid manure and that has not increased the number of farm animals on the farm unit on which the operation is carried out since September 30, 2003. O. Reg. 267/03, s. 69 (4). (5) If a person who owns or controls the operation described in subsection (1) sends some of the nutrients generated in the course of the operation to a broker, the person and the broker shall, between them, have an aggregate storage capacity of 240 days for that person. O. Reg. 267/03, s. 69 (5). (6) If the period of use of a permanent livestock confinement area located on the farm unit is less than 240 days, the storage capacity of the permanent nutrient storage facility associated with the area must be adequate for the period of confinement. O. Reg. 267/03, s. 69 (6).
Design and Construction
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Design and construction
 71. (1) On or after the day on which this Regulation requires an operation to have a nutrient management strategy or nutrient management plan, no person shall construct or expand a permanent nutrient storage facility used on a farm unit in the course of the operation unless, (a) a professional engineer designs the construction or expansion, including any associated monitoring systems, in accordance with the requirements of this Regulation, and signs a commitment certificate prepared in a form and manner specified by a Director by which the engineer undertakes to comply with those requirements; (b) the facility is designed to minimize leakage, to minimize corrosion and to be structurally safe and sound; (c) the construction or expansion complies with this Part; and (d) a professional engineer performs a general review of the construction or expansion to ensure that it complies with this Part. O. Reg. 338/09, s. 52 (1); O. Reg. 508/21, s. 12 (1); O. Reg. 848/21, s. 5 (1). (1.1) Subsection (1), as remade by subsection 52 (1) of Ontario Regulation 338/09, applies to construction and expansion projects that are completed on or after September 18, 2009. O. Reg. 338/09, s. 52 (1). (2) On or after the day on which this Regulation requires an operation to have a NASM plan for a NASM plan area, no person shall construct or expand a permanent NASM storage facility that is used on the NASM plan area in the course of the operation unless the conditions set out in clauses (1) (a) to (d) are satisfied. O. Reg. 338/09, s. 52 (2). (3) No person shall construct or expand a regulated mixed anaerobic digestion facility on a farm unit in the course of an agricultural operation unless, (a) a professional engineer, (i) designs the construction or expansion of the facility in accordance with the requirements of this Regulation, (ii) designs the facility to provide for the transfer of materials into a facility for the storage of anaerobic digestion materials and from that storage facility to the anaerobic digestion vessel so that odour emissions are minimized, if materials listed in Schedule 2A or 2B will be treated at the facility, (iii) designs the construction or expansion of the facility to minimize leakage, to minimize corrosion and to be structurally safe and sound, (iv) designs the construction or expansion of the facility to minimize the discharge of noise from it, (v) ensures that the facility is designed to manage non-combusted biogas, (vi) performs a general review of the construction or expansion to ensure that it complies with this Part, and (vii) signs a commitment certificate prepared in a form and manner specified by a Director by which the engineer undertakes to design the construction or expansion of the facility in accordance with the requirements of this Regulation and to inspect the construction or expansion on completion to ensure that it complies with this Regulation; and (b) the construction or expansion complies with the professional engineer’s design and this Part. O. Reg. 508/21, s. 12 (2); O. Reg. 848/21, s. 5 (2). (4) Revoked: O. Reg. 508/21, s. 12 (2).
Concrete quality
 72. (1) A person who, on or after the day on which this Regulation requires an operation to have a nutrient management strategy or nutrient management plan, constructs or expands a permanent nutrient storage facility used on a farm unit in the course of the operation and comprised wholly or partially of concrete shall ensure that the concrete used in the facility is appropriate for the environmental conditions encountered on site to maintain the durability and corrosion resistance of the concrete and to protect the reinforcing materials, if any, in the concrete. O. Reg. 267/03, s. 72 (1); O. Reg. 447/03, s. 31; O. Reg. 338/09, s. 53 (1). (2) The permanent nutrient storage facility must be constructed with a minimum thickness of 125 millimetres of concrete on the floor of the structure unless a professional engineer specifies otherwise. O. Reg. 267/03, s. 72 (2). (3) Subsections (1) and (2) also apply, with necessary modifications, to a person who, on or after the day on which this Regulation requires an operation to have a NASM plan for a NASM plan area, constructs a permanent NASM storage facility that is used on the NASM plan area in the course of the operation and is comprised wholly or partially of concrete. O. Reg. 338/09, s. 53 (2). Liners
Liners
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Installation of liners
 73. (1) On or after the day on which this Regulation requires an operation to have a nutrient management strategy or nutrient management plan, no person shall install a liner in a permanent nutrient storage facility used on a farm unit in the course of the operation unless the installation complies with this Part. O. Reg. 511/05, s. 39. (2) The liner must be continuous under the floor and footings of the facility and must extend up the wall to a level equal with the top of the ground surface, unless the qualified professional supervising the construction of the facility specifies otherwise. O. Reg. 267/03, s. 73 (2). (3) Subsections (1) and (2) also apply, with necessary modifications, to a person who, on or after the day on which this Regulation requires an operation to have a NASM plan for a NASM plan area, installs a liner in a permanent NASM storage facility that is used on the NASM plan area in the course of the operation. O. Reg. 338/09, s. 54.
Synthetic liners
 74. (1) If, on or after the day on which this Regulation requires an operation to have a nutrient management strategy or nutrient management plan, a synthetic liner is installed in a permanent nutrient storage facility used on a farm unit in the course of the operation, the liner must be anchored or bonded to the facility, subgrade, or berms made of earth according to good engineering practices or to the manufacturer’s specification. O. Reg. 267/03, s. 74 (1); O. Reg. 511/05, s. 40. (2) If an accessory structure creates a discontinuity in the synthetic liner, the liner must be bonded to the structure in accordance with the manufacturer’s recommendation or using a method satisfactory to the professional engineer. O. Reg. 267/03, s. 74 (2). (3) The qualified professional or other person responsible for supervising the construction of the facility shall, (a) inspect the synthetic liner before the filling of the construction or the covering of the liner to ensure that there are no damage or perforations within the liner; and (b) ensure that any damage or perforations discovered during the inspection are repaired according to the engineer’s instructions. O. Reg. 267/03, s. 74 (3). (4) The qualified professional shall inspect any repairs made to the liner to ensure that the integrity of the liner is maintained. O. Reg. 267/03, s. 74 (4). (5) Subsections (1), (2), (3) and (4) also apply, with necessary modifications, to a person who, on or after the day on which this Regulation requires an operation to have a NASM plan for a NASM plan area, installs a synthetic liner in a permanent NASM storage facility that is used on the NASM plan area in the course of the operation. O. Reg. 338/09, s. 55.
Compacted soil liners
 75. (1) On or after the day on which this Regulation requires an operation to have a nutrient management strategy or nutrient management plan, no person shall install a compacted soil liner in a permanent nutrient storage facility used on a farm unit in the course of the operation if the liner contains materials that have not been excavated from the site of the facility unless a professional engineer has tested the materials to determine their hydraulic conductivity prior to the use of the materials in the compacted soil liner. O. Reg. 267/03, s. 75 (1); O. Reg. 447/03, s. 32. (2) On or after the day on which this Regulation requires an operation to have a nutrient management strategy or nutrient management plan, no person shall install a compacted soil liner in a permanent nutrient storage facility used on a farm unit in the course of the operation unless, (a) the minimum thickness of the completed liner is at least 0.9 metres on the sloping inside walls and 0.6 metres on the bottom of the facility; (b) the liner on the inside wall of the facility is constructed using at least six layers of a thickness of no more than 150 millimetres; (c) the liner on the bottom of the facility is constructed using at least four layers of a thickness of no more than 150 millimetres; (d) the interface surface of layers is disked or scarified before placement of subsequent layers of material; and (e) each of the layers has been compacted to at least 95 per cent of modified Proctor maximum dry density as determined for the soil at a specified optimum water content. O. Reg. 267/03, s. 75 (2). (3) Subsections (1) and (2) also apply, with necessary modifications, to a person who, on or after the day on which this Regulation requires an operation to have a NASM plan for a NASM plan area, installs a compacted soil liner in a permanent NASM storage facility that is used on the NASM plan area in the course of the operation. O. Reg. 338/09, s. 56. Permanent Liquid Nutrient Storage Facilities
Permanent Liquid Nutrient Storage Facilities
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Secondary containment
 76. (1) On or after the day on which this Regulation requires an operation to have a nutrient management strategy or nutrient management plan, no person shall construct or expand a permanent liquid nutrient storage facility used on a farm unit in the course of the operation, where the maximum liquid level is either partially or wholly located above the surface of the soil, unless, (a) the load factor, αL, as defined in clause 4.1.3.1. (1) (c) of Part 4 of the Ontario Regulation 403/97 (Building Code), as it read on December 30, 2006 made under the Building Code Act, 1992 for liquid loads is 1.5 or another value that a professional engineer is satisfied should be used; (b) a professional engineer specifies that the storage and landscape features around the facility are adequate to ensure that a secondary containment system is not required; or (c) the above grade portion of the facility has a secondary containment system with a capacity equivalent to 110 per cent of the above ground portion of the facility. O. Reg. 267/03, s. 76; O. Reg. 447/03, s. 33; O. Reg. 338/09, s. 57 (1). (2) On or after the day on which this Regulation requires an operation to have a NASM plan for a NASM plan area, no person shall construct or expand a permanent liquid NASM storage facility that is used on the NASM plan area in the course of the operation where the maximum liquid level is either partially or wholly located above the surface of the soil, unless the conditions set out in clauses (1) (a) to (c) are satisfied. O. Reg. 338/09, s. 57 (2).
Importance factor for construction
 77. (1) On or after the day on which this Regulation requires an operation to have a nutrient management strategy or nutrient management plan, a person who constructs or expands a permanent liquid nutrient storage facility used on a farm unit in the course of the operation shall use an importance factor of 1.0, where importance factor is defined in Sentence 4.1.3.2. (7) of Part 4 of Ontario Regulation 403/97 (Building Code), as it read on December 30, 2006 made under the Building Code Act, 1992. O. Reg. 267/03, s. 77; O. Reg. 338/09, s. 58 (1, 2). (2) Subsection (1) also applies, with necessary modifications, to a person who, on or after the day on which this Regulation requires an operation to have a NASM plan for a NASM plan area, constructs or expands a permanent liquid NASM storage facility that is used on the NASM plan area in the course of the operation. O. Reg. 338/09, s. 58 (3).
Ventilation
 78. (1) On or after the day on which this Regulation requires an operation to have a nutrient management strategy or nutrient management plan, no person shall construct or expand a permanent liquid nutrient storage facility used on a farm unit in the course of the operation if the facility is covered or otherwise allows gases from agricultural source materials to accumulate or intensify unless a ventilation system has been installed to eliminate corrosive, noxious or explosive gases. O. Reg. 267/03, s. 78 (1); O. Reg. 447/03, s. 34; O. Reg. 338/09, s. 59 (1). (2) Subsection (1) also applies, with necessary modifications, to a person who, on or after the day on which this Regulation requires an operation to have a NASM plan for a NASM plan area, constructs or expands a permanent liquid NASM storage facility that is used on the NASM plan area in the course of the operation. O. Reg. 338/09, s. 59 (2). (3) The ventilation system described in subsection (1) may include natural or powered means of dispersing the gases from liquid prescribed materials. O. Reg. 338/09, s. 59 (2).
Facilities made of earth
 79. (1) On or after the day on which this Regulation requires an operation to have a nutrient management strategy or nutrient management plan, no person shall construct or expand a permanent liquid nutrient storage facility made of earth used on a farm unit in the course of the operation unless, (a)  Revoked: O. Reg. 848/21, s. 6. (b) the facility is designed to have a minimum freeboard of 0.3 metres; (c) the slope of the inside wall of the facility is consistent with the requirements of the liner design and pump out equipment and, unless a professional engineer specifies otherwise, is no steeper than 50 per cent; and (d) the slope of the outside wall of the facility is consistent with the requirements of the liner design and pump out equipment and, unless a professional engineer specifies otherwise, is no steeper than 33 per cent. O. Reg. 267/03, s. 79; O. Reg. 447/03, s. 35; O. Reg. 511/05, s. 41; O. Reg. 338/09, s. 60 (1); O. Reg. 284/12, s. 7 (2); O. Reg. 848/21, s. 6. (2) Subsection (1) also applies, with necessary modifications, to a person who, on or after the day on which this Regulation requires an operation to have a NASM plan for a NASM plan area, constructs or expands a permanent liquid NASM storage facility that is used on the NASM plan area in the course of the operation. O. Reg. 338/09, s. 60 (2). Permanent Solid Nutrient Storage Facilities
Permanent Solid Nutrient Storage Facilities
nan
Floors
 80. (1) On or after the day on which this Regulation requires an operation to have a nutrient management strategy or nutrient management plan, no person shall construct or expand a permanent solid nutrient storage facility used on a farm unit in the course of the operation unless it has, (a) a concrete floor or another floor that a professional engineer determines will provide equivalent protection to a concrete floor; (b) a floor made of earth consisting of at least 0.5 metres of hydraulically secure soil; or (c) a floor made of earth consisting of at least 0.5 metres of soil of type C or D as defined by the Drainage Guide, in the case of a facility located on a farm unit where the number of farm animals is not sufficient to generate 300 or more nutrient units annually. O. Reg. 267/03, s. 80; O. Reg. 511/05, s. 42; O. Reg. 338/09, s. 61 (1, 2); O. Reg. 284/12, s. 7 (1). (2) Subsection (1), except clause (c), also applies, with necessary modifications, to a person who, on or after the day on which this Regulation requires an operation to have a NASM plan for a NASM plan area, constructs or expands a permanent NASM storage facility that is used on the NASM plan area in the course of the operation. O. Reg. 338/09, s. 61 (3). (3) Clauses (1) (b) and (c) do not apply with respect to a permanent nutrient storage facility described in subsection 62.1 (2.1) or a storage facility described in subsection 62.1 (2.2). O. Reg. 508/21, s. 13.
Rules for Storage of NASM
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Permitted storage facilities
 81.1 No storage of NASM at an agricultural operation is permitted except, (a) storage of solid NASM, (i) in a NASM storage facility that is a temporary field nutrient storage site, in accordance with section 83, and (ii) in a temporary field nutrient storage site that is subject to an environmental compliance approval issued in respect of an activity mentioned in subsection 27 (1) of the Environmental Protection Act; (b) storage of solid or liquid NASM, (i) in a permanent NASM storage facility, in accordance with section 81.4, and (ii) in a permanent nutrient storage facility that is subject to an environmental compliance approval issued in respect of an activity mentioned in subsection 27 (1) of the
Environmental Protection Act; and (c) storage of liquid NASM in a portable tank in accordance with section 81.3. O. Reg. 338/09, s. 63; O. Reg. 266/11, s. 11.
Special rules re OC3 NASM
 81.2 (1) OC3 NASM that is received at an agricultural operation shall be applied by midnight on the day it is received. O. Reg. 338/09, s. 63. (2) No person shall store OC3 NASM at an agricultural operation beyond the application deadline set out in subsection (1). O. Reg. 338/09, s. 63. (3) No person shall store OC3 NASM at an agricultural operation unless, (a) the storage facility is located, (i) at least 450 metres from any residential area or commercial, community or institutional use; and (ii) at least 200 metres away from a dwelling; or (b) in the case of solid NASM, it is covered with a rain shedding tarp or waterproof covering. O. Reg. 338/09, s. 63. (4) No person shall transfer OC3 NASM to land application equipment at an agricultural operation or to a NASM storage facility, (a) within 450 metres of any residential area or commercial, community or institutional use; or (b) within 200 metres of a dwelling. O. Reg. 338/09, s. 63. (5) Subsection (4) does not apply, (a) in the case of solid NASM, if it is covered with a rain shedding tarp or waterproof covering; or (b) if the transfer takes place inside a closed transfer system. O. Reg. 338/09, s. 63.
Temporary storage of liquid NASM
 81.3 Liquid NASM may be stored in a portable tank that is used to supply the material to the field for application, subject to the following rules: 1. The capacity of the tank shall not exceed the quantity of NASM that can be applied to a NASM plan area within one day. 2. Liquid NASM that is received at an agricultural operation shall be applied by midnight on the day it is received. 3. Liquid NASM shall not be stored in the tank beyond the application deadline set out in paragraph 2. O. Reg. 338/09, s. 63.
Storage of NASM in permanent nutrient storage facilities
 81.4 (1) NASM may be stored in a permanent nutrient storage facility that was constructed before January 1, 2011 and has not been expanded on or after that date only if, (a) the facility is subject to an environmental compliance approval issued in respect of an activity mentioned in subsection 27 (1) of the Environmental Protection Act; or (b) the facility was constructed after June 30, 2003 in accordance with the requirements of this Part. O. Reg. 338/09, s. 63; O. Reg. 266/11, s. 12. (2) NASM may be stored in a permanent NASM storage facility that was constructed or expanded on or after January 1, 2011 only if it was constructed or expanded in accordance with the requirements of this Part. O. Reg. 338/09, s. 63. (3) NASM may be stored in a permanent NASM storage facility only if it is to be applied to NASM application areas on the same farm unit as the facility. O. Reg. 338/09, s. 63. (4) NASM may be stored in a permanent NASM storage facility only if it has the necessary capacity and has the structural integrity required for storing NASM. O. Reg. 338/09, s. 63. (5) The requirements in subsections (3) and (4) apply in addition to the requirement in subsection (1) or (2), as the case may be. O. Reg. 338/09, s. 63. (6) A permanent NASM storage facility that is constructed or expanded on or after January 1, 2011 shall be, (a) designed by a professional engineer to minimize odour emissions; and (b) constructed in accordance with the professional engineer’s design specifications. O. Reg. 338/09, s. 63. Temporary Field Nutrient Storage Sites
Temporary Field Nutrient Storage Sites
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No storage of liquid nutrients
 82. No person shall store liquid nutrients in a temporary field nutrient storage site. O. Reg. 267/03, s. 82.
Location of sites
 83. (1) If nutrients are stored in a temporary field nutrient storage site for a period of longer than 24 hours, the location of the site must satisfy the following requirements: 1. The minimum depth of unconsolidated soil to bedrock, under the site and within 3 metres of the side of the site, must be 0.3 metres. 2. The minimum depth of soil above the water table, under the site and within 3 metres of the side of the site, must be 0.9 metres. 3. Nutrients must not be stored on soils whose hydrologic soil group is A unless the depth of soil is at least 0.9 metres to bedrock. 4. The site must not be located in an area that is subject to flooding once or more every 100 years, according to flood plain mapping provided by a municipality or conservation authority having jurisdiction over the area. 5. The site must not have a slope greater than 3 per cent. 6. There must be a flow path that, i. is at least 50 metres to the nearest surface water or tile inlets, and ii. is located at least 0.3 metres above bedrock. O. Reg. 267/03, s. 83 (1); O. Reg. 447/03, s. 37; O. Reg. 338/09, s. 64 (1). (1.1) Nothing in subsection (1) shall be construed to require a person who owns or controls an operation at which nutrients are stored in a temporary field nutrient storage site to create flood plain mapping. O. Reg. 511/05, s. 44 (1). (2) If nutrients are stored in a temporary field nutrient storage site for a period of longer than 24 hours, no person shall locate the site, (a) within 45 metres of a drilled well that has a depth of at least 15 metres and a watertight casing to a depth of at least six metres below ground level; (b) within 90 metres of any other well, other than a municipal well; (c) within 100 metres of a municipal well; (d) within 200 metres of a dwelling or within 450 metres of a residential area or commercial, community or institutional use, if the site is used for storing OC2 NASM; or (e) within 125 metres of a dwelling or within 250 metres of a residential area or commercial, community or institutional use, if the site is used for storing agricultural source materials or OC1 NASM. O. Reg. 267/03, s. 83 (2); O. Reg. 511/05, s. 44 (2); O. Reg. 338/09, s. 64 (2-4).
Management
 84. A temporary field nutrient storage site located on a farm unit must be managed in accordance with the following criteria: 1. A farmer who receives nutrients and stores them in the site cannot receive and store a volume of nutrients that is greater than the quantity of nutrients that the farmer plans to use for crop production at the farm unit, based on the nutrient management plan for operations carried out at the farm unit. 2. Non-agricultural source materials stored in the site must be used on the farm unit and cannot be transferred to another farm unit. 3. If more than one type of nutrient is stored in the site, the nutrients must be managed in accordance with the most restrictive requirements applicable to any of the nutrients stored in the site. 4. If the site is located in an area that is tile-drained, there must be a contingency plan in place to deal with contaminated liquid in the tiles. 5. Nutrients must not be stored in the site for longer than the maximum time prescribed for each nutrient. 6. The site may be used again in the following year if a minimum of 75 per cent vegetative cover is re-established on the site following the removal of nutrients from the surface after the site ceases to be in use each year. O. Reg. 267/03, s. 84.
Records
 86. The operator shall maintain records for all temporary field nutrient storage sites under the operator’s control that include, (a) the date on which the site was established; (b) the dates on which the pile of materials was displaced and mixed or inverted, if applicable; (c) the date on which the materials were removed from the site; (d) a sketch indicating the location of the site relative to setback distances, surface waters and other temporary field nutrient storage sites; and (e) a record of the management techniques and field conditions set out in Column 2 of the Table to subsection 85 (2). O. Reg. 267/03, s. 86; O. Reg. 447/03, s. 39. Liquid Nutrient Transfer Systems
Liquid Nutrient Transfer Systems
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Floor transfer systems
 88. (1) In this section, “floor transfer system” means a system where a floor is used to transfer liquid manure, but does not include, (a) areas within a barn that are designed to house livestock and that are not intended to collect liquid manure, (b) areas under dairy free-stalls, (c) feed trough areas, (d) floors under solid manure pack areas. O. Reg. 267/03, s. 88 (1). (2) On or after the day on which this Regulation requires an operation to have a nutrient management strategy or nutrient management plan, no person shall use a floor to transfer liquid manure in the course of the operation unless the floor is part of a floor transfer system that complies with this section. O. Reg. 267/03, s. 88 (2). (3) On or after the day on which this Regulation requires an operation to have a nutrient management strategy or nutrient management plan, no person shall construct a floor transfer system used in the course of the operation unless the system complies with this section. O. Reg. 267/03, s. 88 (3). (4) A floor transfer system must have a floor constructed of concrete and must be capable of containing the anticipated volume of liquids that are generated on the farm unit on which the system is located and transferring the liquids directly to a permanent liquid nutrient storage facility. O. Reg. 267/03, s. 88 (4). PART IX   SAMPLING, ANALYSIS AND QUALITY STANDARDS AND LAND APPLICATION RATES General 89. Revoked:  O. Reg. 338/09, s. 67.
PART IX SAMPLING, ANALYSIS AND QUALITY STANDARDS AND LAND APPLICATION RATES
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Calculation procedures
 90. (1) Revoked:  O. Reg. 511/05, s. 47 (1). (2) For the purposes of making a calculation under this Part or Part IX.1 in relation to a sample, a person shall use the actual analytical results obtained by the person who does an analysis of the sample under this Part or Part IX.1. O. Reg. 394/07, s. 13 (1). (3) If this Part or Part IX.1 requires an arithmetic average or geometric mean of concentrations to be determined, the most recently determined arithmetic average or geometric mean, as the case may be, shall be used. O. Reg. 267/03, s. 90 (3); O. Reg. 394/07, s. 13 (2). Manure and Anaerobic Digestion Output
Manure and Anaerobic Digestion Output
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Maximum application rate
 92. (1) Each person who is required to collect samples and have them analyzed under section 91 shall calculate the maximum application rate to land for the manure or the anaerobic digestion output in the sample, using the most recently determined concentration under the applicable subsection or the concentrations set out in clause 91 (1) (b), if applicable. O. Reg. 394/07, s. 16 (1). (2) The maximum application rate to land for the manure or the anaerobic digestion output in the sample must be such that the total plant available phosphate in the nutrients that are applied to land per hectare during any consecutive five-year period does not exceed the greater of, (a) the crop production requirements per hectare for that five-year period plus 85 kilograms of phosphate per hectare; and (b) the phosphate removed from the land per hectare in the harvested portion of the crop during that five-year period plus 390 kilograms of phosphate per hectare. O. Reg. 338/09, s. 69. (3) The person shall enter the rate into the nutrient management plan. O. Reg. 267/03, s. 92 (3). (4) A nutrient management plan does not come into force until the person who is required to comply with section 91 and this section has complied with those sections. O. Reg. 267/03, s. 92 (4). (5) No person shall apply manure or anaerobic digestion output to land at a rate that exceeds the maximum application rate to land for the manure or anaerobic digestion output. O. Reg. 394/07, s. 16 (3). Non-Agricultural Source Materials — Sampling and Analysis
Non-Agricultural Source Materials — Sampling and Analysis
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Sampling and analysis procedures
 93. (1) Each person who is required under section 94 or 95 to collect a sample shall do so in accordance with this Part and the methods specified in the Sampling and Analysis Protocol. O. Reg. 338/09, s. 70; O. Reg. 284/12, s. 7 (2). (2) Each person who is required under section 94 or 95 to have a sample analyzed shall have the analysis done in accordance with this Part and the methods specified in the Sampling and Analysis Protocol. O. Reg. 338/09, s. 70; O. Reg. 284/12, s. 7 (2). (3) Whenever this Part requires a person to collect a sample or to have it analyzed, the sample shall be a composite sample. O. Reg. 338/09, s. 70. (4) Subsections (1) to (3) apply, with necessary modifications, to testing required by a Director under section 98.0.16. O. Reg. 338/09, s. 70.
Soil testing
 94. (1) Each person who is required to have a nutrient management plan or NASM plan for an agricultural operation in the course of which Category 2 or Category 3 NASM is applied to land shall, as part of preparing the plan, collect at least one sample from the soil of the land and have the sample analyzed to determine the concentration of each of the following parameters: 1. Plant available phosphorus. 2. Plant available potassium. 3. Regulated metals. 4. Soil pH. O. Reg. 338/09, s. 70. (2) In the case of the analysis for each regulated metal, the analysis must report the concentration of each regulated metal in the sample in milligrams of metal per kilogram of total solids, calculated on a dry weight basis. O. Reg. 338/09, s. 70. (3) A nutrient management plan or NASM plan does not come into force until the person who is required to comply with subsections (1) and (2) has done so. O. Reg. 338/09, s. 70. (4) If the most recent sample collected and analyzed under subsection (1) as part of preparing the nutrient management plan or NASM plan, or under this subsection, was collected more than five years before the date on which it is proposed to apply Category 2 or Category 3 NASM to the land, the person who is required to comply with subsections (1) and (2) shall ensure that a fresh sample is collected and analyzed in accordance with those subsections. O. Reg. 338/09, s. 70. (5) This Regulation does not require soil testing before Category 1 NASM is applied to land, except as set out in subsection (6). O. Reg. 338/09, s. 70. (6) Subsections (1), (2) and (4) apply, with necessary modifications, to a person who proposes to apply more than 20 tonnes of Category 1 NASM per hectare of land, during a calendar year, in the course of an agricultural operation. O. Reg. 338/09, s. 70. 94.1 Revoked:  O. Reg. 338/09, s. 70.
NASM testing
 95. Each generator who generates non-agricultural source materials that are intended to be applied to land in the course of an agricultural operation shall, on or before the transfer date, (a) carry out sampling in accordance with section 97, 98, 98.0.1, 98.0.2, 98.0.3, 98.0.4 or 98.0.5, as the case may be; and (b) have the samples analyzed as the relevant section requires. O. Reg. 338/09, s. 70.
Prohibition
 96. (1) This section applies with respect to a person who is required to have a nutrient management plan or NASM plan for an agricultural operation in the course of which non-agricultural source materials are applied to land. O. Reg. 338/09, s. 70. (2) If one of the conditions set out in subsection (3) is satisfied, the person shall not receive non-agricultural source materials on the farm unit on which an agricultural operation is carried out unless the person also receives the results of any analysis required by section 97, 98, 98.0.1, 98.0.2, 98.0.3, 98.0.4 or 98.0.5, or under section 98.0.16, as the case may be. O. Reg. 338/09, s. 70. (3) The conditions mentioned in subsection (2) are: 1. The person is receiving materials generated by that particular generator for the first time since January 1, 2011. 2. More than 1 month has passed since the last time the person received the results of any analysis described in subsection (2) from that generator. O. Reg. 338/09, s. 70. (4) The generator shall ensure that, when the person receives non-agricultural source materials from the generator, the person also receives the results of any analysis described in subsection (2). O. Reg. 338/09, s. 70.
Category 1 NASM
 97. (1) This Regulation does not require testing of Category 1 NASM, except as set out in subsection (2). O. Reg. 338/09, s. 70. (2) Section 98 applies, with necessary modifications, if Category 1 NASM is to be applied to land at a rate of more than 20 tonnes per hectare of land during a calendar year. O. Reg. 338/09, s. 70.
Category 2 NASM
 98. (1) This section applies to Category 2 NASM. O. Reg. 338/09, s. 70. (2) The following rules apply to sampling and analysis to determine nutrient and metal content: 1. Two samples shall be taken during the two-month period before the transfer date.  At least one of them shall be taken during the one-month period before the transfer date. 2. The samples shall be analyzed for the following parameters: i. Total solids. ii. Total Kjeldahl nitrogen. iii. Ammonia and ammonium nitrogen. iv. Nitrate and nitrite nitrogen. v. Total phosphorus. vi. All regulated metals. vii. Any additional parameters listed in Column 2 of Table 2 of Schedule 4. 3. The concentration of each parameter shall be calculated as the average of the results from all samples taken during the four-month period before the transfer date.  The results from the samples mentioned in paragraph 1 may be excluded from the calculation if, on the transfer date, the generator has not yet received those results. O. Reg. 338/09, s. 70. (3) NASM to which this section applies is assumed to be CP1; no sampling or analysis for pathogens is required. O. Reg. 338/09, s. 70.
Category 3 NASM, except sewage biosolids and other material containing human body waste
 98.0.1 (1) This section applies to Category 3 NASM, except sewage biosolids and other material containing human body waste. O. Reg. 338/09, s. 70. (2) The following rules apply to sampling and analysis to determine nutrient and metal content: 1. Two samples shall be taken during the two-month period before the transfer date.  At least one of them shall be taken during the one-month period before the transfer date. 2. The samples shall be analyzed for the following parameters: i. The parameters listed in subparagraphs 2 i to vi of subsection 98 (2). ii. Any additional parameters listed in Column 2 of Table 3 of Schedule 4. 3. The concentration of each parameter shall be calculated as the average of the results from all samples taken during the four-month period before the transfer date.  The results from the samples mentioned in paragraph 1 may be excluded from the calculation if, on the transfer date, the generator has not yet received those results. O. Reg. 338/09, s. 70. (3) NASM to which this section applies is assumed to be CP2; sampling and analysis are required only if the generator wishes to determine pathogen levels in order to confirm that the material is CP1. O. Reg. 338/09, s. 70. (4) If NASM to which this section applies is sampled and analyzed to determine pathogen levels, the following rules apply: 1. Two samples shall be taken during the two-month period before the transfer date.  At least one of them shall be taken during the one-month period before the transfer date. 2. The samples shall be analyzed for the pathogens listed in Items 1, 2, 3 and 4 of Column 1 of Table 1 of Schedule 6, subject to paragraph 4. 3. If the NASM is generated at a site operating under an environmental compliance approval issued in respect of an activity mentioned in subsection 27 (1) of the Environmental Protection Act or subsection 53 (1) of the Ontario Water Resources Act, the samples do not need to be analyzed for the pathogens listed in Items 3 and 4 of Column 1 of Table 1 of Schedule 6. 4. The level of each pathogen shall be calculated as the geometric mean of the results from all samples taken during the four-month period before the transfer date. The results from the samples mentioned in paragraph 1 may be excluded from the calculation if, on the transfer date, the generator has not yet received those results. O. Reg. 338/09, s. 70; O. Reg. 266/11, s. 13.