Investigations
 67. (1) The professional engineer or professional geoscientist responsible for the stage one investigation mentioned in subsection 65 (1) or section 66 shall analyze the data collected for the study to determine the suitability of the site of the proposed facility mentioned in the applicable subsection. O. Reg. 267/03, s. 67 (1). (2) The stage one investigation shall involve using a minimum of one test hole per 1,000 square metres of the ground floor area of the proposed facility to determine the characteristics of the soil. O. Reg. 267/03, s. 67 (2). (3) All test holes must be located in the zone that is at least three metres and not greater than 10 metres from the perimeter of the footprint of the proposed facility. O. Reg. 267/03, s. 67 (3). (4) If the results of the stage one investigation confirm that the site conditions described in subsection 65 (2) or section 66, as the case may be, for the proposed facility exist beneath and adjacent to the site of the proposed facility, the proponent may proceed to construct the proposed facility. O. Reg. 267/03, s. 67 (4); O. Reg. 848/21, s. 4. (5) If the results of the stage one investigation do not confirm that the site of the proposed facility is suitable for the construction and operation of a permanent liquid nutrient storage facility or a permanent solid nutrient storage facility without a concrete floor, as the case may be, the proponent of the project may, (a) evaluate another site; (b) in the case of a permanent liquid nutrient storage facility, construct a facility that is suitable for the site in accordance with subsection 65 (2); (c) in the case of a permanent solid nutrient storage facility, construct a facility with a concrete floor; or (d) carry out a stage two investigation of the site of the proposed facility in accordance with this Part. O. Reg. 267/03, s. 67 (5); O. Reg. 511/05, s. 37. (6) If the proponent elects to carry out a stage two investigation of the site of the proposed facility, the proponent’s professional engineer or professional geoscientist shall develop the terms of reference for the stage two investigation to determine what measures could be used to provide adequate protection for the groundwater and shall submit the terms of reference to a Director. O. Reg. 267/03, s. 67 (6). (7) The proponent shall not proceed to construct the proposed facility unless, (a) the Director who receives the terms of reference for the stage two investigation issues a certificate to the proponent confirming that the terms of reference comply with the requirements of the regulations for the construction of the proposed facility; (b) the results of the stage two investigation confirm that the site of the proposed facility is suitable for the facility; and (c) the proponent constructs the facility in accordance with the recommendations, if any, contained in the stage two investigation. O. Reg. 267/03, s. 67 (7). (8) If the results of the stage two investigation do not confirm that the site of the proposed facility is suitable for the facility, the proponent may, (a) evaluate another site; (b) in the case of a permanent liquid nutrient storage facility, construct a facility that is suitable for the site in accordance with subsection 65 (2); (c) in the case of a permanent solid nutrient storage facility, construct a facility with a concrete floor; or (d) have a qualified professional develop an appropriate design, specific to the site, that will provide a level of protection for the groundwater that is the equivalent of construction in accordance with subsection 65 (2). O. Reg. 267/03, s. 67 (8).