Permanent liquid nutrient storage facility
 65. (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 unless the person retains the services of a professional engineer or professional geoscientist to carry out a site characterization study that consists of a stage one hydrogeologic or geotechnical investigation of the site of the proposed facility that identifies the soil types and the presence of any aquifer or bedrock, all to a depth of at least, (a) 1.5 metres below the lowest elevation of the excavation required for a structure made of concrete, steel or other materials that a professional engineer determines will provide equivalent protection; or (b) 2.5 metres below the lowest elevation of the excavation required for a structure made of earth. O. Reg. 267/03, s. 65 (1); O. Reg. 511/05, s. 36 (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 construct or expand a permanent liquid nutrient storage facility used on a farm unit in the course of the operation for prescribed materials unless the site of the facility meets or exceeds the following requirements: 1. Unlined concrete or steel storage facilities with reinforced concrete floors must have, between the bottom of the storage facility and bedrock or the uppermost identified aquifer, a minimum of 0.5 metres of hydraulically secure soil or 1.0 metres of soil comprised of a clay content of at least 10 per cent. 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 bedrock or the uppermost identified aquifer. 3. Unlined concrete or steel storage facilities with unreinforced concrete floors must have, between the bottom of the storage facility and bedrock or the uppermost identified aquifer, a minimum of 1.0 metres of hydraulically secure soil or a minimum of 1.0 metres of soil comprised of a clay content of at least 15 per cent. 4. Lined concrete or steel storage facilities with unreinforced concrete floors must have a minimum of 1.0 metres of native undisturbed material or compacted granular material between the bottom of the storage facility and bedrock or the uppermost identified aquifer. 5. Unlined storage facilities made of earth used to store agricultural source materials, other than manure and materials produced by intermediate generators, must meet the requirements of subsection (3). 6. Lined storage facilities made of earth must have a minimum of 2.0 metres of hydraulically secure soil between the bottom and sides of the lined storage facility and bedrock or the uppermost identified aquifer. 7. Nutrient storage facilities that are designed to incorporate a combined system, such as a facility that has walls made of earth and a concrete floor, must satisfy the most restrictive criteria for the types of material used in the construction of the facility. O. Reg. 267/03, s. 65 (2); O. Reg. 447/03, s. 28 (1-3); O. Reg. 511/05, s. 36 (2-4); O. Reg. 338/09, s. 49 (1-5). (2.1) Subsection (1), and subsection (2), except paragraph 5, also apply, with necessary modifications, on or after the day on which this Regulation requires an operation to have a NASM plan for a NASM plan area, to a person who constructs or expands a permanent liquid NASM storage facility used on the NASM plan area in the course of the operation. O. Reg. 338/09, s. 49 (6). (3) A permanent liquid nutrient storage facility that is an unlined facility made of earth can be used to store liquid agricultural source materials, other than manure and materials produced by intermediate generators, if, (a) the facility has a maximum storage depth of 3.0 metres and a maximum storage volume of 2,500 cubic metres; (b) the facility has at least 2.0 metres of hydraulically secure soil between the bottom and sides of the facility and bedrock or the uppermost identified 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; (e) topsoil is stripped to the subsoil layer from the area where any berm is to be constructed and stockpiled for use in the outside slopes of the facility; and (f) any above ground berms are constructed of a material that is suitable for compaction to meet a maximum saturated hydraulic conductivity of 1 × 10-9 metres per second and be compacted to at least 95 per cent modified Proctor density according to accepted engineering test criteria. O. Reg. 267/03, s. 65 (3); O. Reg. 447/03, s. 28 (4-6); O. Reg. 511/05, s. 36 (5); O. Reg. 338/09, s. 49 (7). (4) No person shall store liquid NASM in an unlined facility made of earth. O. Reg. 338/09, s. 49 (8).