jswizzle3737/ontario_laws_and_regs huggingface dataset:
Arrangements with generators and other sources
 36. (1) A broker who receives agricultural source materials from a generator, who under this Regulation is required to have a nutrient management strategy to carry out the operation in the course of which the materials were generated, shall enter into an agreement with the generator that sets out the type and quantity of the materials to be received and the proposed date on which the broker is to receive them. O. Reg. 511/05, s. 21 (1); O. Reg. 338/09, s. 40 (1). (2) A broker who is required to enter into an agreement described in subsection (1) shall create a record of the following information: 1. The type and quantity of the agricultural source materials to be received and the projected date of receipt. 2. A description of the operation in the course of which the materials were generated. 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. O. Reg. 267/03, s. 36 (2); O. Reg. 447/03, s. 17; O. Reg. 511/05, s. 21 (2); O. Reg. 338/09, s. 40 (2). (3) The broker shall retain the records required by subsection (2) for four years after the date of receiving the agricultural source materials. O. Reg. 267/03, s. 36 (3); O. Reg. 338/09, s. 40 (3). (4) If a broker receives agricultural source materials from an intermediate generator, this section applies as if the generator were the only one to have generated the materials. O. Reg. 267/03, s. 36 (4); O. Reg. 338/09, s. 40 (4, 5).
Arrangements with receivers
 37. (1) A broker who transfers agricultural source materials to an agricultural operation for which this Regulation requires a nutrient management plan or NASM plan shall, (a) enter into an agreement with the person who owns or controls the operation that sets out the type and quantity of the materials to be transferred and the proposed date on which the broker is to transfer them; and (b) ensure that the materials are transferred in accordance with a nutrient management plan or NASM plan. O. Reg. 338/09, s. 41 (1). (2) The broker shall create a record of the following information: 1. The type and quantity of agricultural source materials transferred and the date of transfer. 2. A description of the operation to which the materials are transferred. 3. The operation identifier for the operation or for the farm unit where the operation is carried out, if applicable. 4. The approval number assigned by the Director to the nutrient management strategy or NASM plan for the farm unit or operation, if applicable. O. Reg. 267/03, s. 37 (2); O. Reg. 511/05, s. 22 (2, 3); O. Reg. 338/09, s. 41 (2, 3). (3) The broker shall retain the records required by subsection (2) for four years after the date of transferring the agricultural source materials. O. Reg. 267/03, s. 37 (3); O. Reg. 338/09, s. 41 (4).
Management of agricultural source materials
 38. No person shall store, transport or otherwise manage agricultural source materials in the course of a broking operation except in accordance with this Regulation. O. Reg. 338/09, s. 42. part vi   land application standards General
PART VI LAND APPLICATION STANDARDS
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Interpretation
 39. (1) In this Part, “restricted period” means the period that begins on December 1 in any year and ends on March 31 of the following year. O. Reg. 338/09, s. 43. (2) In this Part, a reference to surface application does not imply any restriction on later tillage. O. Reg. 338/09, s. 43.
Duty of person who owns or controls agricultural operation
 40. A person who owns or controls an agricultural operation shall ensure that the requirements of this Part are met in relation to the operation. O. Reg. 338/09, s. 43.
Application of Part
 41. (1) Sections 52.3 and 52.6 apply in respect of all agricultural operations. O. Reg. 338/09, s. 43. (2) Sections 42 to 52.2, 52.4, 52.5 and 52.7 to 52.13 apply as follows: 1. If this Regulation requires an agricultural operation to have a nutrient management plan, those sections apply to the application of nutrients to land in the course of the operation. 2. If this Regulation requires an agricultural operation to have a NASM plan, those sections apply to the application of nutrients to the relevant NASM application area. 3. If Category 1 NASM is applied to a NASM application area in the course of an agricultural operation, those sections apply to the application of nutrients to the NASM application area during the calendar year in which the Category 1 NASM is applied. O. Reg. 338/09, s. 43. Liquid NASM and Liquid Manure
Liquid NASM and Liquid Manure
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150-metre zone
 42. Sections 43, 44 and 45 apply to every area where liquid NASM or liquid manure are applied within the zone that is 150 metres from the top of the bank of surface water. O. Reg. 338/09, s. 43.
Non-agricultural source materials, October 1 to June 14
 43. (1) This section applies during the period that begins on October 1 in any year and ends on June 14 of the following year. O. Reg. 338/09, s. 43. (2) No person shall apply liquid non-agricultural source materials to an area, (a) if the runoff potential for the area shown on the Table to subsection (3) shows that no application is allowed; (b) at a rate in excess of that determined under the Table to subsection (4); or (c) if the maximum sustained slope of the area is 12 per cent or greater. O. Reg. 338/09, s. 43. (3) The runoff potential of land for a hydrologic soil group set out in Column 1 of the following Table is set out in Columns 2, 3 or 4 opposite it where a liquid NASM is applied to an area with a maximum sustained slope described in the heading of Columns 2, 3 or 4. Table   Runoff Potential  Column 1   Hydrologic soil group   Column 2   Maximum sustained slope of at least 3% but less than 6%   Column 3   Maximum sustained slope of at least 6% but less than 9%   Column 4   Maximum sustained slope of at least 9% but less than 12% 

  A   Very low   Low   High 

  B   Low   Moderate   High 

  C   Moderate   High   No application allowed 

  D   High   High   No application allowed O. Reg. 328/17, s. 1. (4) The maximum rate within a 24-hour period for the application of liquid NASM to an area, in the case of an area for which the runoff potential is set out in Column 1 of the following Table, is set out, (a) in Column 2 opposite it, if the materials are applied to the surface of the area; (b) in Column 3 opposite it, if the materials are injected or incorporated into the area or if the area is pre-tilled: TABLE    maximum application rate  Column 1   Runoff potential of land   Column 2   Maximum rate of application within 24-hour period if materials are applied to surface of area, in cubic metres per hectare   Column 3   Maximum rate of application within 24-hour period if materials are injected or incorporated into area or if area is pre-tilled, in cubic metres per hectare 

  High   50   75 

  Moderate   75   100 

  Low   100   130 

  Very low   130   150 O. Reg. 338/09, s. 43. (5) For the purposes of subsection (4), materials are incorporated into an area only if they are incorporated into it within 24 hours of being applied. O. Reg. 338/09, s. 43. (6) For the purposes of subsection (4), an area is pre-tilled only if the tillage occurred not more than seven days before the application of the liquid NASM. O. Reg. 338/09, s. 43.
Non-agricultural source materials, June 15 to September 30
 44. (1) This section applies during the period that begins on June 15 in any year and ends on September 30 of the same year. O. Reg. 338/09, s. 43. (2) No person shall apply liquid non-agricultural source materials to an area whose maximum sustained slope is 12 per cent or greater. O. Reg. 338/09, s. 43. (3) No person shall apply liquid non-agricultural source materials, at a rate that exceeds 130 cubic metres per hectare within a 24-hour period, to an area whose maximum sustained slope is less than 12 per cent. O. Reg. 338/09, s. 43. (4) Subsections (2) and (3) apply in respect of all hydrologic soil groups. O. Reg. 338/09, s. 43.
Manure
 45. No person shall apply liquid manure to an area whose maximum sustained slope is 25 per cent or greater. O. Reg. 338/09, s. 43. Wells and Non-Agricultural Land Uses
Wells and Non-Agricultural Land Uses
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Setbacks from wells
 46. (1) No person shall apply nutrients to land closer than 100 metres to a municipal well. O. Reg. 338/09, s. 43. (2) No person shall apply prescribed materials to land closer than 15 metres to 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. O. Reg. 338/09, s. 43. (3) No person shall apply the following to land closer than 30 metres to a well, other than a well described in subsection (1) or (2): 1. Agricultural source materials. 2. Non-agricultural source materials that are both CM1 and CP1. O. Reg. 338/09, s. 43. (4) No person shall apply non-agricultural source materials that are CM2 or CP2 to land closer than 90 metres to a well, other than a well described in subsection (1) or (2). O. Reg. 338/09, s. 43. (5) No person shall apply commercial fertilizer or compost that meets the requirements for Category AA or A compost in Part II of the Compost Standards to land closer than three metres to a water well that is not a municipal well. O. Reg. 284/12, s. 2 (2).
Setbacks and other requirements relating to non-agricultural uses
 47. No person shall apply to land NASM that is OC1, OC2 or OC3, except in accordance with the standards set out in the Table to this section. O. Reg. 338/09, s. 43. Table    Setbacks and other requirements for Application of NASM that is OC1, oc2 or oc3, relating to Non-Agricultural Uses  Item   Column 1   Odour category of NASM   Column 2   Requirements for dwelling   Column 3   Requirements for residential areas and commercial, community or institutional uses 

  1.   OC1   No application is permitted within 25 metres of a dwelling. No restrictions beyond the 25-metre perimeter.   No application is permitted within 50 metres of the residential area or commercial, community or institutional use. No restrictions beyond the 50-metre perimeter. 

  2.   OC2   No application is permitted within 25 metres of the dwelling. In the zone that is at least 25 metres but not more than 90 metres away from the dwelling, application is permitted, but only by, (i) injection, or (ii) spreading and incorporation within six hours. No restrictions beyond the 90-metre perimeter.   No application is permitted within 50 metres of the residential area or commercial, community or institutional use. In the zone that is at least 50 metres but not more than 450 metres away from the residential area or commercial, community or institutional use, application is permitted, but only by, (i) injection, or (ii) spreading and incorporation within six hours. No restrictions beyond the 450-metre perimeter. 

  3.   OC3   No application is permitted within 100 metres of the dwelling. In the zone that is at least 100 metres but not more than 450 metres away from the dwelling, application is permitted, but only by, (i) injection, or (ii) spreading and incorporation within six hours, but only if the physical properties of the NASM are such that injection is not possible. In the zone that is more than 450 metres away from the dwelling, application is permitted, but only by, (i) injection, or (ii) spreading and incorporation into the soil within 24 hours.   No application is permitted within 200 metres of the residential area or commercial, community or institutional use. In the zone that is at least 200 metres but not more than 900 metres away from the residential area or commercial, community or institutional use, application is permitted, but only by, (i) injection, or (ii) spreading and incorporation within six hours, but only if the physical properties of the NASM are such that injection is not possible. In the zone that is more than 900 metres away from the residential area or commercial, community or institutional use, application is permitted, but only by, (i) injection, or (ii) spreading and incorporation into the soil within 24 hours. O. Reg. 338/09, s. 43. Ground Water
Ground Water
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Minimum depth to ground water, CM1 and CP1 NASM
 48. No person shall apply non-agricultural source materials that are both CM1 and CP1 to land unless there is at least 30 centimetres of unsaturated soil at the surface of the land at the time of application. O. Reg. 338/09, s. 43.
Application standards, depth to bedrock
 50. No person shall apply non-agricultural source materials to land, except in accordance with the standards set out in the following Table: table    Application standards, depth to bedrock  Item    Column 1   Depth to bedrock   Column 2   Liquid NASM that is both CM1 and CP1   Column 3   Liquid NASM that is CM2 or CP2   Column 4   Solid NASM that is both CM1 and CP1   Column 5   Solid NASM that is CM2 or CP2 

  1.   Less than 30 centimetres   No application is permitted.   No application is permitted.   No application is permitted.   No application is permitted. 

  2.   30 centimetres or more, but less than 50 centimetres   1.  Subject to 2 and 3, application is permitted, (a) at a rate of less than 40 cubic metres per hectare per 48 hours; or (b) at a rate not exceeding 60 cubic metres per hectare per 48 hours, if the land is pre-tilled no more than 7 days before the application. 2.  No application is permitted during the restricted period. 3.  Application by injection is not permitted.   No application is permitted.   1.  Subject to 2, application is permitted, (a) at a rate of less than 18 dry tonnes per hectare per 48 hours; or (b) at a rate not exceeding 27 dry tonnes per hectare per 48 hours, if the land is pre-tilled no more than 7 days before the application. 2.  No application is permitted during the restricted period.   No application is permitted. 

  3.   50 centimetres or more, but less than 100 centimetres   There is no restriction based on depth to bedrock.   1.  Subject to 2, application is permitted,  (a) at a rate of less than 40 cubic metres per hectare per 48 hours; or (b) at a rate not exceeding 60 cubic metres per hectare per 48 hours, if the land is pre-tilled no more than 7 days before the application.  2.  Application by injection is not permitted.   There is no restriction based on depth to bedrock.   Application is permitted, (a) at a rate of less than 18 dry tonnes per hectare per 48 hours; or (b) at a rate not exceeding 27 dry tonnes per hectare per 48 hours, if the land is pre-tilled no more than 7 days before the application. 

  4.   100 centimetres or more   There is no restriction based on depth to bedrock.   There is no restriction based on depth to bedrock.   There is no restriction based on depth to bedrock.   There is no restriction based on depth to bedrock. O. Reg. 338/09, s. 43. Adjacent Surface Water
Adjacent Surface Water
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Application of ss. 52 and 52.1
 51. (1) The following rules govern the application of sections 52 (vegetated buffer zone) and 52.1 (setback from bank): 1. A person who applies NASM that is CM1 and CP1 and is not required to have a nutrient management plan shall comply with section 52 or 52.1. 2. A person who applies NASM that is CM1 and CP1 and is required to have a nutrient management plan shall comply with section 52. 3. A person who applies NASM that is CM2, CP2 or both and is not required to have a nutrient management plan shall comply with section 52.1. 4. A person who applies NASM that is CM2, CP2 or both and is required to have a nutrient management plan shall comply with sections 52 and 52.1. O. Reg. 338/09, s. 43. (2) Subsection (1) prevails in the event of conflict with section 52 or 52.1. O. Reg. 338/09, s. 43.
Requirement for vegetated buffer zone
 52. (1) No person shall apply nutrients to a field that contains or is adjacent to surface water unless there is a vegetated buffer zone in the field that is adjacent to the surface water and that lies between the surface water and where the nutrients are applied. O. Reg. 338/09, s. 43. (2) Subsection (1) does not apply in relation to the application of nutrients to a field that is composed of organic soils. O. Reg. 338/09, s. 43. (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 vegetated buffer zone. O. Reg. 338/09, s. 43. (4) For the purposes of subsection (3), a person applies an amount of commercial fertilizer that is reasonable to establish or maintain the vegetation of a vegetated buffer zone if the person applies the fertilizer, (a) in accordance with a determination of the concentration of plant available phosphorus and plant available potassium in the soil of the vegetated buffer zone; (b) in accordance with the Agronomy Guide for Field Crops; and (c) in such a manner that the agronomic balance does not exceed zero. O. Reg. 338/09, s. 43; O. Reg. 284/12, s. 7 (1). (5) The determination of the concentration described in clause (4) (a) shall be made using, (a) the results of an analysis of a sample of the soil performed in accordance with section 94; or (b) the following concentrations: (i) 101 milligrams of plant available phosphorus per litre of soil, (ii) 251 milligrams of plant available potassium per litre of soil. O. Reg. 338/09, s. 43. (6) No person shall apply materials containing nitrogen and phosphorus to any part of the field, whether or not within the vegetated buffer zone, that is within 13 metres from the top of the nearest bank of the surface water. O. Reg. 338/09, s. 43. (7) Despite subsection (6), a person may apply commercial fertilizers, agricultural source materials or NASM that is CM1 and CP1 within the 13 metres from the top of the nearest bank of the surface water if the application is done in accordance with this Regulation and at least one of the following conditions is satisfied: 1. The materials are applied by injection or placement in a band below the soil surface. 2. The materials are incorporated within 24 hours of application. 3. The materials are applied to land covered with a living crop. 4. The materials are applied to land with crop residue covering at least 30 per cent of the soil, as determined in accordance with the Nutrient Management Protocol. O. Reg. 338/09, s. 43; O. Reg. 284/12, s. 7 (2).
Setback from top of nearest bank of surface water
 52.1 No person shall apply non-agricultural source materials to a field that contains or is adjacent to surface water, if the application is closer than 20 metres from the top of the nearest bank of the surface water. O. Reg. 338/09, s. 43. Application During Restricted Period and Other Times When Soil is Snow-Covered or Frozen
Application During Restricted Period and Other Times When Soil is Snow-Covered or Frozen
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Definitions
 52.2 In sections 52.3, 52.4 and 52.5, “frozen”, when used in reference to soil, means that a layer of soil with an average minimum depth of five centimetres, located within the top 15 centimetres of the soil, is consolidated by the presence of frozen moisture; (“gelé”) “snow-covered”, when used in reference to soil, means that there is a layer of snow with an average minimum depth of five centimetres. (“enneigé”)  O. Reg. 338/09, s. 43.
Prohibition, sewage biosolids, etc.
 52.3 (1) No person shall apply nutrients described in subsection (2) to land, (a) during the restricted period; or (b) at any other time when the soil is snow-covered or frozen. O. Reg. 284/12, s. 3 (1). (2) Subject to subsection (3), subsection (1) applies to, (a) sewage biosolids; (b) other materials containing human body waste; and (c) materials that result from the processing of materials that include sewage biosolids or human body waste.  O. Reg. 284/12, s. 3 (1, 2). (3) Subsection (1) does not apply to compost that, (a) meets the requirements for Category AA compost in Part II of the Compost Standards; or (b) meets the requirements for Category A compost in Part II of the Compost Standards, is made without sewage biosolids and is made without domestic septage as defined in Appendix 3 (Glossary) of the Compost Standards. O. Reg. 284/12, s. 3 (1). (4) Revoked: O. Reg. 284/12, s. 3 (3).
Prohibition, vulnerable land
 52.4 (1) No person shall apply prescribed materials to land described in subsection (2), (a) during the restricted period; or (b) at any other time when the soil is snow-covered or frozen. O. Reg. 338/09, s. 43. (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; and (b) land where water collects during a rainstorm or thaw and flows directly into surface water. O. Reg. 338/09, s. 43. (3) For greater certainty, this section does not require a person to create flood plain mapping. O. Reg. 338/09, s. 43.
Application Methods
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High trajectory irrigation guns
 52.6 No person shall use a high trajectory irrigation gun capable of spraying liquid more than 10 metres to apply manure or non-agricultural source materials to land except if the material being applied is an aqueous solution or suspension containing more than 99 per cent water by weight. O. Reg. 338/09, s. 43.
Direct flow application systems
 52.7 (1) No person shall apply manure or non-agricultural source materials directly from a storage facility to land by a direct flow application system unless the system is operated in accordance with this section. O. Reg. 338/09, s. 43. (2) Two or more operators in voice or electronic contact with each other at all times during the application may operate a direct flow application system if, (a) a first operator has a full view of the area of land to which the manure or non-agricultural source materials are being applied; and (b) a second operator is close enough to the system to shut it down within one minute after being advised by the first operator that a problem event has occurred. O. Reg. 338/09, s. 43. (3) One operator may operate a direct flow application system if the operator has a full view of the area of land to which the manure or non-agricultural source materials are being applied and if, (a) the operator is close enough to the system to shut it down within one minute after observing that a problem event has occurred; or (b) the application system is, (i) linked to a remote control system that allows the operator to shut down the application system within one minute after observing that a problem event has occurred, and (ii) designed to shut down automatically within one minute after it ceases to receive a signal from the remote control system. O. Reg. 338/09, s. 43. (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. O. Reg. 338/09, s. 43. (5) In this section, “problem event” means any of the following events: 1. Manure or non-agricultural source materials are not being delivered to the application part of the system as intended by the person in charge of the operation of the system. 2. Manure or non-agricultural source materials are not being applied in accordance with the nutrient management plan or NASM plan for the operation in the course of which they are applied to land. 3. The direct flow application system fails, resulting in manure or non-agricultural source materials escaping into the natural environment otherwise than as intended by the person in charge of operating the system. O. Reg. 338/09, s. 43. Waiting Periods
Waiting Periods
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Pre-harvest waiting period
 52.8 (1) No person shall harvest plant material set out in Column 1 of the Table to this section from a field to which NASM that is CM1 and CP1 has been applied unless the waiting period set out in Column 2 opposite the plant material has expired. O. Reg. 338/09, s. 43. (2) No person shall harvest plant material set out in Column 1 of the Table to this section from a field to which NASM other than NASM that is CM1 and CP1 has been applied unless the waiting period set out in Column 3 opposite the plant material has expired. O. Reg. 338/09, s. 43. table    pre-harvest waiting period  Item   Column 1   Plant material harvested   Column 2   Waiting period before harvest, after application of NASM that is CM1 and CP1   Column 3   Waiting period before harvest, after application of NASM other than NASM that is CM1 and CP1 

  1.   Commercial sod   3 weeks    12 months  

  2.   Hay and haylage   3 weeks    3 weeks  

  3.   Tree fruits and grapes   3 weeks    3 months  

  4.   Small fruits   3 weeks    15 months  

  5.   Vegetables   3 weeks    12 months  

  6.   Tobacco   3 weeks    12 months O. Reg. 338/09, s. 43.
Pre-grazing waiting period
 52.9 (1) No person shall cause or permit a farm animal of a type named in Column 1 of the Table to this section to graze in a field to which NASM that is CM1 and CP1 has been applied unless the waiting period set out in Column 2 opposite the type has expired. O. Reg. 338/09, s. 43. (2) No person shall cause or permit a farm animal of a type set out in Column 1 of the Table to this section to graze in a field to which NASM other than NASM that is CM1 and CP1 has been applied unless the waiting period set out in Column 3 opposite the type has expired. O. Reg. 338/09, s. 43. table    pre-grazing waiting period  Item   Column 1   Grazing farm animal   Column 2   Waiting period before grazing,  after application of NASM that is CM1 and CP1   Column 3   Waiting period before grazing, after application of NASM other than NASM that is CM1 and CP1 

  1.   Horses, beef or dairy cattle   3 weeks    2 months  

  2.   Swine, sheep or goats   3 weeks    6 months O. Reg. 338/09, s. 43. Notice re Application of Category 2 or Category 3 NASM
Notice re Application of Category 2 or Category 3 NASM
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Notice
 52.10 No person shall apply Category 3 NASM, or Category 2 NASM that is CM2, to land unless written advance notice is given to the local district office of the Ministry of the Environment in whose territory the land is located, in accordance with the following rules: 1. The notice shall, i. identify the specific day or days on which the application is to take place, in which case it shall be given at least 24 hours and not more than seven days before the start of the application, or ii. identify the week during which the application is to take place, in which case it shall be given at least 24 hours and not more than seven days before the first day of the identified week. 2. The notice shall, i. include the name of the individual who will apply the NASM and his or her contact information, ii. if the individual acts as an employee of or authorized agent for a corporation, include the corporation’s name and contact information, iii. identify the specific NASM that is to be applied, iv. identify the land by lot and concession, and v. give an estimate of the number of hours or days during which the application will continue. O. Reg. 338/09, s. 43; O. Reg. 284/13, s. 5. Miscellaneous
Particles and foreign objects
 52.11 No person shall apply NASM to land if, (a) its content of glass, metallic objects, plastic and other foreign objects exceeds 2 per cent, calculated on a dry weight basis; (b) its content of plastic exceeds 0.5 per cent, calculated on a dry weight basis; or (c) in the case of Category 2 or Category 3 NASM, it contains particles of any material that will not pass through a screen whose largest opening has an area of 2.5 square centimetres. O. Reg. 338/09, s. 43.
Ponding
 52.12 Any person who applies NASM to land shall take all reasonable steps to ensure that the NASM does not pond on the surface of the NASM application area or on the surface of other land. O. Reg. 338/09, s. 43.
Discharge to surface water or adjoining land
 52.13 Any person who applies NASM to land or stores NASM on land shall take all reasonable steps to ensure that the NASM is not discharged to surface water or to adjoining land. O. Reg. 338/09, s. 43. PART VII   OUTDOOR CONFINEMENT AREAS
PART VII OUTDOOR CONFINEMENT AREAS
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Application
 53. This Part applies to low-density and high-density permanent outdoor confinement areas used in the course of an agricultural operation that is carried out on a farm unit on or after the day on which this Regulation requires a person who owns or controls the operation to ensure that a nutrient management strategy is in force for the farm unit. O. Reg. 267/03, s. 53. 54. Revoked:  O. Reg. 511/05, s. 30.
Increase in capacity
 55. A person who owns or controls a low-density or high-density permanent outdoor confinement area shall not construct a new structure or pave all or part of the load-bearing surface of the confinement area, so as to increase the capacity of the confinement area, unless the confinement area is not located, (a) within 15 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 100 metres of a municipal well; (c) within 30 metres of any other well; or (d) within 15 metres of a field drainage tile. O. Reg. 267/03, s. 55. 56. Revoked:  O. Reg. 511/05, s. 30.
Access of livestock to surface water
 57. No person shall permit animals to have access to surface water if the animals are kept in a high-density permanent outdoor confinement area or a 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 sufficient to generate 300 or more nutrient units annually. O. Reg. 267/03, s. 57.
Nutrient management strategy required
 58. No person shall keep animals in a permanent outdoor confinement area unless, (a) a nutrient management strategy applies to the confinement area; (b) the manure produced by the animals that are kept in the confinement area is managed in accordance with the strategy; and (c) the runoff generated by the confinement area is managed in accordance with section 81. O. Reg. 511/05, s. 31. 59. Revoked:  O. Reg. 511/05, s. 32.
Management of manure
 60. (1) Manure may be mounded in a permanent outdoor confinement area in order to facilitate the management of animals in the confinement area. O. Reg. 267/03, s. 60 (1); O. Reg. 447/03, s. 26 (1). (2) A person who owns or controls a permanent outdoor confinement area shall ensure that manure is removed from the confinement area at least once a year or more frequently if the accumulated manure may produce an adverse effect. O. Reg. 267/03, s. 60 (2); O. Reg. 338/09, s. 44. (3) Despite subsection (2), no person is required to remove manure from a permanent outdoor confinement area if it is intentionally mounded in the confinement area as an animal management and bedding tool, as authorized by an approved nutrient management strategy. O. Reg. 267/03, s. 60 (3); O. Reg. 447/03, s. 26 (2). (4) A person who owns or controls a permanent outdoor confinement area shall ensure that manure that is removed from the confinement area is managed in accordance with a nutrient management strategy or plan. O. Reg. 267/03, s. 60 (4).
Management of snow that contains manure
 61. (1) No person shall store or use snow that contains manure that has been removed from a permanent outdoor confinement area except in accordance with this section. O. Reg. 267/03, s. 61 (1). (2) No person shall apply, to a field, snow containing manure that has been removed from a permanent outdoor confinement area unless, (a) the snow meets the parameters set out in the Nutrient Management Protocol for material that may be removed from outdoor confinement areas; (b) the field is designated in a nutrient management plan that provides for the application of the snow to the field; (c) the field has a maximum sustained slope of less than 3 per cent; (d) the snow is applied no closer than 40 metres from the top of the nearest bank of any surface water in the field and with four times the minimum setback distances for the application of agricultural source materials to land that are specified in section 46; (e) there is a six-metre vegetated buffer zone along all surface water in the field and down slope edges of the field; and (f) the application rate is one-half of the maximum rate of application for nutrients, measured in units of weight per area of the field, otherwise established for the field. O. Reg. 267/03, s. 61 (2); O. Reg. 284/12, s. 7 (2). (3) Snow that contains manure that has been removed from a permanent outdoor confinement area may be placed in, (a) a permanent nutrient storage facility that is constructed and operated in accordance with Part VIII; or (b) a temporary field nutrient storage site that is located and managed in accordance with Part VIII only if a nutrient management strategy or plan authorizes the placement and provides a method for dealing with melt water runoff from the storage site. O. Reg. 267/03, s. 61 (3); O. Reg. 511/05, s. 33. Part vii.1   Milking Centre Washwater
PART VII.1 MILKING CENTRE WASHWATER
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Definitions
 61.1 In this Part, “bucket milking system” means a milking system where farm animals are milked directly into buckets which are manually transferred to the milkroom; (“système de traite avec seaux”, “traite avec seaux”) “bulk tank” means a tank that is designed to store and cool milk; (“cuve à lait”) “dairy operation” means an agricultural operation where farm animals are milked; (“exploitation laitière”) “milking centre washwater” means, (a) the liquid generated from washing, (i) any part of a milking system, (ii) a bulk tank, and (iii) the interior surfaces of a milkroom and a milking parlour, and (b) if cheese, butter, yogurt or any other dairy product is made on the farm unit, exclusively from milk produced there, the liquid generated from washing, (i) the equipment used in making the dairy products, and (ii) the interior surfaces of the rooms containing the equipment; (“eaux de lavage de laiterie”) “milking parlour” means a common indoor area where farm animals are brought for milking; (“salle de traite”) “milking system” means a bucket milking system, a parlour milking system, a pipeline milking system, or a robotic milking system; (“système de traite”) “milkroom” means the room where the bulk tank is located; (“laiterie”) “parlour milking system” means a milking system where farm animals are brought to a milking parlour for milking, but does not include a robotic milking system; (“système de traite en salle de traite”, “traite en salle de traite”) “pipeline milking system” means a milking system where milk is transferred to the milkroom, by a pipe, from farm animals who are confined to stalls by means of a tie system; (“système de traite à lactoduc”, “traite à lactoduc”) “robotic milking system” means a milking system where farm animals present themselves to be milked by an automatic milking unit; (“système de traite robotisée”, “traite robotisée”) “sediment tank” means a watertight container with at least two compartments that is used to collect and separate settled and floating solids in milking centre washwater and that is, (a) a septic tank to which the Building Code applies, or (b) a sewage works to which the Ontario Water Resources Act applies; (“fosse de décantation”) “sludge pump-out” means the material that remains in a sediment tank after liquid moves to the treatment trench system; (“boues décantées”) “treatment trench system” means a system that is used to treat milking centre washwater and distribute it into the soil and that is, (a) a leaching bed as defined in the Building Code, or (b) a sewage works to which the Ontario Water Resources Act applies. (“réseau de tranchées d’épuration”)  O. Reg. 338/09, s. 45.
Duty of person who owns or controls agricultural operation
 61.2 A person who owns or controls an agricultural operation shall ensure that the requirements of this Part are met in relation to the operation. O. Reg. 338/09, s. 45.
Application of Part to dairy operations with nutrient management strategies
 61.3 (1) This Part applies with respect to a dairy operation that is located on a farm unit on which an agricultural operation is carried out, (a) if section 10 did not apply to the agricultural operation before January 1, 2011, on the earlier of the dates set out in subsection (2) that follows the date on which section 10 applies to the agricultural operation for the first time; (b) if section 10 applied to the agricultural operation before January 1, 2011, on the earlier of the dates set out in subsection (2) that follows the date on which the nutrient management strategy for the agricultural operation ceases to be in force under section 22. O. Reg. 338/09, s. 45. (2) The dates referred to in clauses (1) (a) and (b) are: 1. The date on which an application for a building permit under the Building Code Act, 1992 is submitted for the farm unit with respect to a type of construction listed in subsection (3) or, if a building permit in respect of such construction 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 is commenced. 2. January 1, 2016. O. Reg. 338/09, s. 45. (3) The types of construction referred to in subsection (2) are: 1. Erection of a new or replacement milking parlour or milkroom. 2. Expansion of an existing milking parlour or milkroom, if the storage capacity of the bulk tank is increased. 3. Any construction relating to a new, replacement or existing sediment tank, treatment trench system or milking centre washwater storage facility. O. Reg. 338/09, s. 45.
Application of Part to dairy operations without nutrient management strategies
 61.4 (1) Even if section 10 does not apply to an agricultural operation, this Part applies with respect to a dairy operation that is located on a farm unit on which the operation is carried out, (a) on the day that an application for a building permit under the Building Code Act, 1992
is submitted for the farm unit with respect to a type of construction listed in subsection (2); or (b) on the day that a type of construction listed in subsection (2) is commenced on the farm unit, if a building permit in respect of the construction 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. O. Reg. 338/09, s. 45. (2) The types of construction referred to in subsection (1) are: 1. Erection of a new or replacement milking parlour or milkroom. 2. Expansion of an existing milking parlour or milkroom, if the storage capacity of the bulk tank is increased. 3. Any construction relating to a new, replacement or existing sediment tank, treatment trench system or milking centre washwater storage facility. O. Reg. 338/09, s. 45.
Storage of milking centre washwater
 61.5 (1) No person shall store milking centre washwater on a farm unit, except in accordance with subsection (2) or (3). O. Reg. 338/09, s. 45. (2) Milking centre washwater may be stored on a farm unit if it is stored in a permanent liquid nutrient storage facility. O. Reg. 338/09, s. 45. (3) Milking centre washwater may be stored on a farm unit if it is stored in a permanent solid nutrient storage facility and the following conditions are satisfied: 1. The facility meets the requirements of section 63.  For the purposes of this subsection, those requirements apply to existing facilities as well as to new construction and expansion. 2. The facility is equipped with a runoff management system that is capable of managing all the runoff generated by the facility and that complies with section 81. 3. The addition of the milking centre washwater to the facility does not result in a liquid mixture. 4. The amount of milking centre washwater added to the facility on any given day does not exceed 250 litres. O. Reg. 338/09, s. 45.
Application of Part VIII
 61.7 If this Part applies to a dairy operation, Part VIII, except subsection 62.1 (1) and sections 69, 69.1 and 81, also applies with respect to milking centre washwater storage facilities, even if this Regulation does not require the operation to have a nutrient management strategy or nutrient management plan. O. Reg. 338/09, s. 45.
Calculation of required storage capacity
 61.8 (1) For the purposes of section 61.6, the required capacity of milking centre washwater storage facilities shall be calculated in accordance with, (a) subsection (2), in the case of a dairy operation that has any number of milking cows and uses a robotic milking system; (b) Table 1 to this section, in the case of a dairy operation that has 80 or fewer milking cows and does not use a robotic milking system; (c) Table 2 to this section, in the case of a dairy operation that has more than 80 milking cows and does not use a robotic milking system; (d) Table 3 to this section, in the case of a dairy operation that has 500 or fewer milking goats or milking sheep and meets the conditions set out in subsection (3); and (e) the method described in subsection (4), in all other cases. O. Reg. 338/09, s. 45. (2) In a dairy operation to which this subsection applies, the required capacity of milking centre washwater storage facilities shall be calculated on the basis of daily washwater production of, (a) 11 litres per milking cow, in the case of a robotic milking system with brush teat cleaning; (b) 20 litres per milking cow, in the case of a robotic milking system with water teat cleaning. O. Reg. 338/09, s. 45. (3) The conditions mentioned in clause (1) (d) are: 1. The farm animals are milked in a milking parlour that is washed less often than daily. 2. The farm animals are not prepared before milking. 3. Bulk tanks are cleaned once weekly. O. Reg. 338/09, s. 45. (4) In a dairy operation to which this subsection applies, (a) the required capacity of milking centre washwater storage facilities shall be calculated on the basis of measuring the milking centre washwater generated on, (i) two separate days on which the farm animals are milked, and (ii) one day on which the bulk tank is cleaned; and (b) records of the calculations and measurements shall be kept. O. Reg. 338/09, s. 45. Table 1   washwater production — smaller milking cow herds; bucket, pipeline and parlour milking systems  Item   Column 1 Number of milking cows   Minimum daily washwater production, total litres/day 

  Column 2 Bucket milking system   Column 3 Pipeline milking system   Column 4 Parlour milking system 

  1.   30 or fewer   225    450   500 

  2.   31 – 40   280    560   680 

  3.   41 – 50   350    700   850 

  4.   51 – 60   420    840   1020 

  5.   61 – 70   490    980   1190 

  6.   71 – 80   560    1120   1360 O. Reg. 338/09, s. 45. Table 2   Washwater production — larger Milking Cow herds; bucket, pipeline and parlour milking systems  Item   Column 1 Milking system   Column 2 Minimum daily washwater production, litres/cow/day 

  1.   Bucket milking system   7 

  2.   Pipeline milking system   14 

  3.   Parlour milking system   17 O. Reg. 338/09, s. 45. Table 3   Washwater production — milking Goats and Sheep  Item   Column 1 Number of milking goats or sheep   Column 2 Minimum daily washwater production, total litres/day 

  1.   Fewer than 100   450 

  2.   100 – 300   570 

  3.   More than 300 but fewer than 501   680 O. Reg. 338/09, s. 45.
Treatment and disposal methods
 61.9 (1) Milking centre washwater that is not stored in accordance with this Part or removed from the farm unit shall be treated or disposed of in accordance with subsection (2), (3), (5), (6), (7) or (8). O. Reg. 338/09, s. 45. (2) Milking centre washwater may be treated by means of a sediment tank and treatment trench system if the sediment tank and treatment trench system are subject to an environmental compliance approval issued in respect of an activity mentioned in subsection 53 (1) of the Ontario Water Resources Act. O. Reg. 338/09, s. 45; O. Reg. 266/11, s. 7 (1). (3) Subject to subsection (4), milking centre washwater may be treated by means of a sediment tank and treatment trench system if, (a) in the case of a sediment tank and treatment trench system that were constructed on or after April 6, 1998, (i) the washwater has first been treated as described in Sentence 8.1.3.1. (3) of Division B of the Building Code, and (ii) a building permit has been issued for the sediment tank and treatment trench system under the Building Code Act, 1992, or would have been required but for the application of clause 1.3.1.1. (1) (b) of Division C of the Building Code; (b) in the case of a sediment tank and treatment trench system that were constructed before April 6, 1998, (i) the washwater has first been treated as described in Sentence 8.1.3.1. (3) of Division B of the Building Code, and (ii) no liquid escapes, seeps, leaks or is emitted or discharged from the sediment tank or treatment trench system at any time, except from a part that is intended to discharge liquid. O. Reg. 338/09, s. 45. (4) Subsection (3) does not apply to the washwater generated from the first rinse through a parlour milking system or pipeline milking system. O. Reg. 338/09, s. 45. (5) Milking centre washwater may be treated by means of a treatment unit that meets the design criteria specified in Article 8.6.2.2. of Division B of the Building Code. O. Reg. 338/09, s. 45. (6) Milking centre washwater may be treated by means of a sewage works, other than a sediment tank and treatment trench system, if the sewage works is subject to an environmental compliance approval issued in respect of an activity mentioned in subsection 53 (1) of the Ontario Water Resources Act. O. Reg. 338/09, s. 45; O. Reg. 266/11, s. 7 (2). (7) Milking centre washwater may be disposed of in a waste disposal 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. 45; O. Reg. 266/11, s. 7 (3). (8) Milking centre washwater may be treated in a regulated mixed anaerobic digestion facility. O. Reg. 338/09, s. 45.
Land application, milking centre washwater and sludge pump-out
 61.10 (1) Milking centre washwater may be applied to the land of a farm unit if the application complies with, (a) subsections 46 (1), (2) and (3), section 52.4 and subsections 52.5 (2) and (3); and (b) sections 42, 43, 44, 52.1 and 52.6, which apply as if the washwater were liquid NASM. O. Reg. 338/09, s. 45. (2) Sludge pump-out may be applied to the land of a farm unit if, (a) the application complies with the provisions listed in clause (1) (a); (b) the sludge pump-out is applied, (i) by injection, or (ii) so that the materials applied are incorporated within 24 hours of application; and (c) the application rate does not exceed 34,000 litres per hectare in any 48-hour period. O. Reg. 338/09, s. 45. (3) The conditions set out in subsections (1) and (2) apply even if this Regulation does not require the dairy operation to have a nutrient management plan. O. Reg. 338/09, s. 45. Part VIII   siting, construction and storage General
PART VIII SITING, CONSTRUCTION AND STORAGE
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Duty of person who owns or controls agricultural operation
 62. A person who owns or controls an agricultural operation shall ensure that the requirements of this Part are met in relation to the operation. O. Reg. 338/09, s. 47.