General requirements for receipt
 98.4 (1) No person shall receive off-farm anaerobic digestion materials on a farm unit on which an agricultural operation is carried out for treatment in a regulated mixed anaerobic digestion facility except in accordance with the following rules: 1. The materials must be listed in Schedule 1 or Schedule 2. 1.1 Materials that are listed in Schedule 2 must not contain particles of any material that will not pass through a screen whose largest opening has an area of 2.5 square centimetres. 1.2 Materials that are listed in paragraph 4 of Schedule 2A, i. must not have been removed from the facility where the wastewater is treated more than 10 days before being received at the agricultural operation, and ii. must be transferred using a means that minimizes odour emissions, if an offensive odour would otherwise be detectable beyond the farm unit on which the materials are received. 1.3 Materials that are listed in Schedule 1, Schedule 2A or Schedule 2B must not have a content of plastic that exceeds 0.5 per cent of the material, calculated on a dry weight basis. 1.4 Materials that are listed in Schedule 2B must be received in a form that can flow through a hose. 1.5 Materials that are listed in Schedule 2B must not be received unless permitted under subsection (2) or (5). 1.6 Materials that are listed in Schedule 2B must meet the following requirements: i. They must come from a facility with, A. an environmental compliance approval that was issued in respect of an activity in subsection 27(1) of the Environmental Protection Act and that was issued or amended on or after July 1, 2021, or B. a renewable energy approval issued under the Environmental Protection Act in respect of an activity for which, in the absence of subsection 47.3 (2) of that Act, subsection 27 (1) of that Act would require an environmental compliance approval and that was issued or amended on or after July 1, 2021. ii. The environmental compliance approval or the renewable energy approval must permit the facility subject to the approval to generate off-farm anaerobic digestion materials for regulated mixed anaerobic digestion facilities. iii. The environmental compliance approval or the renewable energy approval must require that all bags and packaging be removed from the materials. iv. The environmental compliance approval or the renewable energy approval must require systems, facilities and equipment to be designed and operated to minimize the production of plastics with lengths of less than 5 millimetres. v. The environmental compliance approval or the renewable energy approval must require that the plastics in the off-farm anaerobic digestion materials do not exceed 0.5 per cent of the material, calculated on a dry weight basis. vi. The environmental compliance approval or the renewable energy approval must require that the off-farm anaerobic digestion materials not contain particles of any material that will not pass through a screen whose largest opening has an area of 2.5 square centimetres. 2. The materials must not be listed in Schedule 3. 2.1 Materials shall not be received at the operation before 7 a.m. or after 7 p.m. on any day. 3. No more than 200 cubic metres of materials, other than farm feed, shall be received at the operation on any day. 4. Subject to the individual capacity of the operation, there is no limit to the amount of farm feed that may be received at the operation on any day. 5. No more than 10,000 cubic metres of materials, including farm feed that is intended for treatment in the mixed anaerobic digestion facility, shall be received at the operation in any 12-month period. 6. The materials must be received in bulk or, if they are transported in packaging or storage containers of some sort, the extra packaging or containers must not remain at the operation following the receipt of the materials. O. Reg. 394/07, s. 17; O. Reg. 338/09, s. 71; O. Reg. 284/13, s. 9; O. Reg. 508/21, s. 17 (1, 2). (2) Despite subsection (1), where a regulated mixed anaerobic digestion facility is constructed on or after July 1, 2021 and has at least a 450-metre setback from a dwelling, residential area or commercial, community or institutional use, or was constructed before July 1, 2021 and has not expanded in a manner that decreases the setback that existed on June 30, 2021 to less than 450 metres or, where the setback was less than 450 metres on June 30, 2021, has not expanded in a manner that decreases the setback that existed on June 30, 2021, and the off-farm anaerobic digestion materials are received in a feedstock system in an enclosed building that is maintained under negative air pressure, the person, (a) may receive no more than 400 cubic metres of off-farm anaerobic digestion materials, other than farm feed, at the operation on any day; (b) may receive no more than 40,000 cubic metres of off-farm anaerobic digestion materials, including farm feed that is intended for treatment in the regulated mixed anaerobic digestion facility, in any 12-month period; and (c) may receive materials listed in Schedule 2B. O. Reg. 508/21, s. 17 (3). (3) For the purposes of subsection (2), where a regulated mixed anaerobic digestion facility is constructed on or after July 1, 2021, or where a facility constructed after that date is expanded, the location of the dwelling, residential area or commercial, community or institutional use shall be determined as of the date on which the person who owns or controls the land on which the agricultural operation is carried out submits an application for a building permit under the Building Code Act, 1992 with respect to the construction or expansion of the regulated mixed anaerobic digestion facility, or, if a building permit in respect of such construction or expansion 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, the date on which such construction or expansion is commenced. O. Reg. 508/21, s. 17 (3). (4) For the purposes of subsection (2), in the case of the addition of a component to a regulated mixed anaerobic digestion facility that does not require a building permit, the location of the dwelling, residential area or commercial, community or institutional use shall be determined as of the date on which the component is installed as part of the facility. O. Reg. 508/21, s. 17 (3). (5) Despite subsection (1), if the regulated mixed anaerobic digestion facility is a regulated mixed anaerobic digestion facility described in subsection (6), the person, (a) may receive no more than 400 cubic metres of off-farm anaerobic digestion materials, other than farm feed, at the operation on any day; (b) may receive no more than 40,000 cubic metres of off-farm anaerobic digestion materials, including farm feed that is intended for treatment in the regulated mixed anaerobic digestion facility, in any 12-month period; and (c) may receive materials listed in Schedule 2B. O. Reg. 508/21, s. 17 (3). (6) Subsection (5) applies with respect to a regulated mixed anaerobic digestion facility that has at least a 450-metre setback from a dwelling, residential area or commercial, community or institutional use, that does not receive all off-farm anaerobic digestion materials in a feedstock system in an enclosed building that is maintained under negative air pressure, but that receives material using one or more of the following methods: 1. In the case of material received in a form that can flow through a hose, the materials are received through a hose into a closed feedstock system. 2. In the case of solid materials that are not materials listed in Schedule 2B, the materials are received, i. in a feedstock system that is maintained under negative air pressure when closed and is open only during the receipt of the materials, no more than four times per day, and where each opening does not exceed 20 minutes, or ii. in a feedstock system that is designed and operated to maintain negative air pressure when open. 3. In the case of both liquid and solid materials, the materials are received in a feedstock system in an enclosed building that is maintained under negative air pressure. O. Reg. 508/21, s. 17 (3). (7) For the purposes of subsection (6), in the case of a regulated mixed anaerobic digestion facility constructed or expanded before July 1, 2021 the location of the dwelling, residential area or commercial, community or institutional use shall be determined as of June 30, 2021. O. Reg. 508/21, s. 17 (3). (8) For the purposes of subsection (6), in the case of a regulated mixed anaerobic digestion facility constructed or expanded on or after July 1, 2021, the location of the dwelling, residential area or commercial, community or institutional use shall be determined as of the date on which the person who owns or controls the land on which the agricultural operation is carried out submits an application for a building permit under the Building Code Act, 1992 with respect to the construction or expansion of the facility, or, if a building permit in respect of such construction or expansion 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, the date on which such construction or expansion is commenced. O. Reg. 508/21, s. 17 (3). (9) For the purposes of subsection (6), in the case of the addition of a component to a regulated mixed anaerobic digestion facility that does not require a building permit, the location of the dwelling, residential area or commercial, community or institutional use shall be determined as of the date on which the component is installed as part of the facility. O. Reg. 508/21, s. 17 (3). (10) Despite subsection (1), if a regulated mixed anaerobic digestion facility is a regulated mixed anaerobic digestion facility described in subsection (11), the person, (a) may receive no more than 200 cubic metres of off-farm anaerobic digestion materials, other than farm feed, at the operation on any day; (b) may receive no more than 15,000 cubic metres of off-farm anaerobic digestion materials, including farm feed that is intended for treatment in the regulated mixed anaerobic digestion facility, in any 12-month period; and (c) may not receive materials listed in Schedule 2B. O. Reg. 508/21, s. 17 (3). (11) Subsection (10) applies with respect to a regulated mixed anaerobic digestion facility built before July 1, 2021, (a) with a setback of less than 450 metres from any dwelling, residential area and commercial, community or institutional use, that has not expanded on or after July 1, 2021 in a manner that decreases the setbacks that existed on June 30, 2021; (b) that has not expanded on or after July 1, 2021 so that any setback that was greater than 450 metres on June 30, 2021 is decreased to less than 450 metres; and (c) that does not receive all off-farm anaerobic digestion materials in a feedstock system in an enclosed building that is maintained under negative air pressure, but receives materials using one or more of the following methods: (i) in the case of materials received in a form that can flow through a hose, the materials are received through a hose into a closed feedstock system. (ii) in the case of solid materials, the materials are received, (A) in a feedstock system that is maintained under negative air pressure when closed and is open only during the receipt of the materials, no more than four times per day, and where each opening does not exceed 20 minutes, or (B) in a feedstock system that is designed and operated to maintain negative air pressure when open. (iii) in the case of both liquid and solid materials, the materials are received in a feedstock system in an enclosed building that is maintained under negative air pressure. O. Reg. 508/21, s. 17 (3). (12) Subject to subsection (13), no person shall receive on-farm anaerobic digestion materials that are fruit, vegetables or plant materials from the production and processing of fruit or vegetables on a farm unit on which an agricultural operation is carried out for treatment in a regulated mixed anaerobic digestion facility except into the feedstock system for the regulated mixed anaerobic digestion facility. O. Reg. 508/21, s. 17 (3). (13) Subsection (12) applies where more than 10,000 cubic metres of off-farm anaerobic digestion materials were received at the farm unit in the preceding 12-month period. O. Reg. 508/21, s. 17 (3). (14) The setbacks in this section do not apply between a component of the regulated mixed anaerobic digestion facility and a dwelling, or commercial, community or institutional use if the dwelling or commercial, community or institutional use is located on the same property as the component of the regulated mixed anaerobic digestion facility. O. Reg. 508/21, s. 17 (3). (15) In this section, “property” means land acquired under a single transfer as defined in the Land Registration Reform Act. O. Reg. 508/21, s. 17 (3).