jswizzle3737/ontario_laws_and_regs huggingface dataset:
Sewage biosolids from large treatment works
 98.0.2 (1) This section applies to sewage biosolids from municipal sewage treatment works with an approved design capacity of more than 45,400 cubic metres, but only if, (a) the sewage biosolids are not stored or treated in a lagoon; and (b) the generator ships them directly to an agricultural operation for land application. O. Reg. 338/09, s. 70. (2) The following rules apply to sampling and analysis to determine nutrient and metal content: 1. Four samples shall be taken during the two-month period before the transfer date.  At least two of them shall be taken during the one-month period before the transfer date. 2. The samples shall be analyzed for the parameters listed in subparagraphs 2 i to vi of subsection 98 (2). 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) The following rules apply to sampling and analysis to determine pathogen levels: 1. Four samples shall be taken during the two-month period before the transfer date.  At least two of them shall be taken during the one-month period before the transfer date. 2. If the generator wishes to confirm that the material is CP2, the samples need to be analyzed only for E. coli. 3. If the generator wishes to confirm that the NASM is CP1, the samples shall be analyzed for the pathogens listed in Column 1 of Table 2 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.
Sewage biosolids from small treatment works
 98.0.3 (1) This section applies to sewage biosolids from municipal sewage treatment works with an approved design capacity of 45,400 cubic metres or less, but only if, (a) the sewage biosolids are not stored or treated in a lagoon; and (b) the generator ships them directly to an agricultural operation for land application. 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 parameters listed in subparagraphs 2 i to vi of subsection 98 (2). 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) The following rules apply to sampling and analysis to determine pathogen levels: 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. If the generator wishes to confirm that the NASM is CP2, the samples need to be analyzed only for E. coli. 3. If the generator wishes to confirm that the NASM is CP1, the samples shall be analyzed for the pathogens listed in Column 1 of Table 2 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.
Sewage biosolids from lagoons
 98.0.4 (1) This section applies to sewage biosolids from municipal sewage lagoons, but only if the generator ships the NASM directly to an agricultural operation for land application. O. Reg. 338/09, s. 70. (2) The following rules apply to sampling and analysis to determine nutrient and metal content: 1. Four samples shall be taken during the four-month period before the transfer date. 2. If the lagoon has more than one cell, all samples must be taken from the cell from which the NASM is to be obtained. 3. The samples shall be analyzed for the parameters listed in subparagraphs 2 i to vi of subsection 98 (2). 4. 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. O. Reg. 338/09, s. 70. (3) The following rules apply to sampling and analysis to determine pathogen levels: 1. Four samples shall be taken during the four-month period before the transfer date. 2. If the lagoon has more than one cell, all samples must be taken from the cell from which the NASM is to be obtained. 3. If the generator wishes to confirm that the NASM is CP2, the samples need to be analyzed only for E. coli. 4. If the generator wishes to confirm that the NASM is CP1, the samples shall be analyzed for the pathogens listed in Column 1 of Table 2 of Schedule 6. 5. 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. O. Reg. 338/09, s. 70.
Other sewage biosolids and materials containing human body waste
 98.0.5 (1) This section applies to the following: 1. Sewage biosolids that come from any source not described in sections 98.0.2, 98.0.3 and 98.0.4. 2. Sewage biosolids that come from a source described in section 98.0.2, 98.0.3 or 98.0.4 but are not shipped directly to an agricultural operation for land application. 3. Other materials containing human body waste, other than untreated septage. 4. Other materials that result from the processing of materials that include sewage biosolids or human body waste. O. Reg. 338/09, s. 70; O. Reg. 284/12, s. 4 (1). (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 parameters listed in subparagraphs 2 i to vi of subsection 98 (2). 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) The following rules apply to sampling and analysis to determine pathogen levels: 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. If the generator wishes to confirm that the material is CP2, the samples need to be analyzed only for E. coli. 3. If the generator wishes to confirm that the NASM is CP1, the samples shall be analyzed for the pathogens listed in Column 1 of Table 2 of Schedule 6. 3.1 The samples do not need to be analyzed for the pathogens listed in Items 3 and 4 of Column 1 of Table 2 of Schedule 6 if the material is NASM listed in Item 11.1 of Column 1 of Table 3 of Schedule 4. 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. 284/12, s. 4 (2). Non-Agricultural Source Materials — Land Application Rules
Non-Agricultural Source Materials — Land Application Rules
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General prohibition, requirement of benefit
 98.0.6 (1) Despite anything else in this Regulation, no person shall apply NASM to land unless at least one of the following conditions is satisfied: 1. In the case of solid or liquid NASM, the amount of total organic matter is more than 15 per cent of the total weight of the NASM. 2. In the case of solid or liquid NASM, the NASM is used to increase the soil pH value. 3. In the case of solid NASM, the total concentration of plant available nitrogen, plant available phosphate and plant available potassium, determined in accordance with the Nutrient Management Protocol, is more than 13,000 milligrams per kilogram of NASM, calculated on a dry weight basis. 4. In the case of liquid NASM, the total concentration of plant available nitrogen, plant available phosphate and plant available potassium, determined in accordance with the Nutrient Management Protocol, is more than 140 milligrams per litre of NASM. 5. In the case of liquid NASM, the condition set out in paragraph 4 is not satisfied but the liquid NASM is an aqueous solution or suspension containing more than 99 per cent water by weight and is used to irrigate crops during the period that begins on June 15 and ends on September 30 of the same year. O. Reg. 338/09, s. 70; O. Reg. 284/12, s. 7 (2); O. Reg. 848/21, s. 8. (2) In paragraph 1 of subsection (1), “total organic matter” means the quantity of material lost on ignition, according to section 4.3.3 of the Sampling and Analysis Protocol, expressed as a percentage of the initial dry weight of the sample. O. Reg. 338/09, s. 70; O. Reg. 284/12, s. 7 (2).
Calculation of maximum application rates
 98.0.7 (1) This section and sections 98.0.8 to 98.0.16 apply when a person who is required to collect soil samples and have them analyzed under section 94 intends to apply NASM to land in the course of the agricultural operation. O. Reg. 338/09, s. 70. (2) The person shall calculate the maximum application rate or rates for the specific NASM that is intended to be applied to the land, in accordance with the Nutrient Management Protocol, using the concentrations most recently determined, (a) under section 94, for the soil; and (b) under section 95, for the NASM. O. Reg. 338/09, s. 70; O. Reg. 284/12, s. 7 (2).
Maximum application rate, PAN
 98.0.8 (1) The maximum application rate to land for NASM with reference to plant available nitrogen is a rate such that the plant available nitrogen in the NASM that is applied to the land per hectare, for any 12-month period, does not exceed the lesser of, (a) the quantity determined under subsection (2); and (b) 200 kilograms per hectare. O. Reg. 338/09, s. 70. (2) The quantity for the purposes of clause (1) (a) is the greater of, (a) the crop production requirements for nitrogen, minus plant available nitrogen supplied by other nutrient sources; and (b) the quantity of nitrogen removed from the field in the harvested portion of the crop, minus plant available nitrogen supplied by other nutrient sources. O. Reg. 338/09, s. 70. (3) For the purposes of this section, the plant available nitrogen in the NASM that is applied to land shall be calculated in accordance with the formula for plant available nitrogen in the Nutrient Management Protocol. O. Reg. 338/09, s. 70; O. Reg. 284/12, s. 7 (2); O. Reg. 848/21, s. 9.
Maximum application rate, PAP
 98.0.9 The maximum application rate to land for NASM with reference to plant available phosphate is a rate such that the total plant available phosphate in the nutrients that are applied to the land per hectare during any five-year period does not exceed the amount of phosphate removed from the land per hectare in the harvested portion of the crop during that period plus 390 kilograms of phosphate per hectare. O. Reg. 338/09, s. 70.
Maximum application rates, Category 1 NASM
 98.0.10 The person who owns or controls the farm unit on which an agricultural operation is carried out shall comply with one of the following maximum application rates for Category 1 NASM: 1. 20 tonnes of NASM per hectare, calculated on a wet weight basis, in any 12-month period. 2. The lesser of the rates determined under sections 98.0.8 and 98.0.9. O. Reg. 338/09, s. 70.
Maximum application rates, Category 2 and 3 NASM, PAN and PAP
 98.0.11 The maximum application rates to land for Category 2 and Category 3 NASM with reference to plant available nitrogen and plant available phosphate are the rates determined under sections 98.0.8 and 98.0.9. O. Reg. 338/09, s. 70.
Maximum application rate, Category 2 and 3 NASM, regulated metals
 98.0.12 (1) The maximum application rate to land for Category 2 and Category 3 NASM with reference to regulated metals is a rate such that none of the amounts set out in Column 2 of the Table to this section are exceeded in any five-year period. O. Reg. 338/09, s. 70. (2) No person shall apply Category 2 or Category 3 NASM that is CM2 to land whose soil exceeds the concentration of any regulated metal set out in Column 3 of the Table to this section, unless the application is contemplated in a NASM plan that has been approved under section 28. O. Reg. 338/09, s. 70. (3) A Director may approve a NASM plan that contemplates an application described in subsection (2) if the Director is satisfied that the application will not result in a measurable increase in the concentration of any regulated metal in the soil. O. Reg. 338/09, s. 70. Table — Maximum Application Rates, Regulated Metals  Item   Column 1 — Regulated metal   Column 2 — Maximum addition to soil (in kilograms of regulated metal per hectare/per five years)   Column 3 — Maximum concentration in soil (in milligrams per kilogram of soil, dry weight) 

  1.   Arsenic      1.4    14 

  2.   Cadmium     0.27     1.6 

  3.   Cobalt     2.7     20 

  4.   Chromium     23.3   120 

  5.   Copper     13.6   100 

  6.   Lead     9     60 

  7.   Mercury     0.09     0.5 

  8.   Molybdenum     0.8     4 

  9.   Nickel     3.56     32 

  10.   Selenium     0.27      1.6 

  11.   Zinc     33   220 O. Reg. 338/09, s. 70.
Maximum application rate, Category 2 and 3 NASM, sodium
 98.0.13 (1) This section applies with respect to Category 2 and Category 3 NASM of the types listed in Column 1 of Items 5 and 6 of Table 2 of Schedule 4 and Column 1 of Items 1, 4 and 5 of Table 3 of Schedule 4. O. Reg. 338/09, s. 70. (2) This section also applies with respect to Category 2 or Category 3 NASM of a type not described in subsection (1) if a Director requires testing for sodium in accordance with subsection 98.0.16 (3). O. Reg. 338/09, s. 70. (3) The maximum application rate to land for the materials with reference to sodium is a rate such that the amount set out in Column 2 of the Table to this section opposite the hydrologic soil group to which the land belongs, set out in Column 1 of the Table, is not exceeded in any 12-month period. O. Reg. 338/09, s. 70. Table — Maximum Application Rates, Sodium  Item   Column 1 — Hydrologic soil group   Column 2 — Maximum addition to soil (in kilograms of sodium per hectare/year) 

  1.   A   200 

  2.   B   200 

  3.   C   500 

  4.   D   500 O. Reg. 338/09, s. 70.
Maximum application rate, Category 2 and 3 NASM, FOG
 98.0.14 (1) This section applies with respect to Category 3 NASM of the types listed in Column 1 of Items 1, 4, 5, 7 and 9 of Table 3 of Schedule 4. O. Reg. 338/09, s. 70. (2) This section also applies with respect to Category 2 NASM or to Category 3 NASM of a type not described in subsection (1) if a Director requires testing for fats, oils and grease in accordance with subsection 98.0.16 (3). O. Reg. 338/09, s. 70. (3) The maximum application rate to land for the materials with reference to fats, oils and grease is a rate such that the amount set out in Column 2 of the Table to this section opposite the hydrologic soil group to which the land belongs, set out in Column 1 of the Table, is not exceeded in any 12-month period. O. Reg. 338/09, s. 70. Table — Maximum Application Rates, FOG (Fats, Oils and Grease)  Item   Column 1 — Hydrologic soil group   Column 2 — Maximum addition to soil (in kilograms of fats, oils and grease per hectare/year) 

  1.   A   5,000 

  2.   B   5,000 

  3.   C   2,500 

  4.   D   2,500 O. Reg. 338/09, s. 70.
Maximum application rate, Category 2 and 3 NASM, boron
 98.0.15 (1) This section applies with respect to Category 3 NASM of the type listed in Column 1 of Item 10 of Table 3 of Schedule 4. O. Reg. 338/09, s. 70. (2) This section also applies with respect to Category 2 NASM or to Category 3 NASM of a type not described in subsection (1) if a Director requires testing for boron in accordance with subsection 98.0.16 (3). O. Reg. 338/09, s. 70. (3) The maximum application rate to land for the materials with reference to boron is a rate such that the amount of boron added to the soil in any 12-month period does not exceed one kilogram of boron per hectare. O. Reg. 338/09, s. 70.
Director’s decision, additional requirements
 98.0.16 (1) This section applies with respect to Category 2 and Category 3 NASM. O. Reg. 338/09, s. 70. (2) When dealing with a NASM plan under section 28 or 31.1, a Director may act under subsection (3) or under subsections (4) and (5) if he or she considers it necessary to do so in order to, (a) prevent, decrease or eliminate an adverse effect; or (b) prevent NASM from being managed in a way that is not in accordance with the standards established in this Regulation for OC1, OC2 and OC3 NASM. O. Reg. 338/09, s. 70. (3) The Director may require testing, (a) for sodium, as described in subsection 98.0.13 (2); (b) for fats, oils and grease, as described in subsection 98.0.14 (2); (c) for boron, as described in subsection 98.0.15 (2). O. Reg. 338/09, s. 70. (4) The Director may require testing for any substance not mentioned in section 98.0.12, 98.0.13, 98.0.14 or 98.0.15. O. Reg. 338/09, s. 70. (5) If the Director requires testing under subsection (4), he or she shall also determine, (a) rules for sampling and analysis with reference to the substance; and (b) the maximum application rate for the substance, or a method for calculating the maximum application rate for NASM with reference to the substance. O. Reg. 338/09, s. 70.
Prohibitions
 98.0.17 (1) No person shall apply Category 2 or Category 3 NASM to land at a rate that exceeds the applicable maximum application rate determined under section 98.0.8. 98.0.9, 98.0.10, 98.0.11, 98.0.12, 98.0.13, 98.0.14, 98.0.15 or 98.0.16. O. Reg. 338/09, s. 70. (2) No person shall apply Category 2 or Category 3 NASM to land if the concentration for plant available phosphorus in the soil of the land, as determined under sections 93 and 94, exceeds 60 milligrams per litre of soil, unless the application is contemplated in a NASM plan that has been approved under section 28. O. Reg. 338/09, s. 70. (3) No person shall apply Category 2 or Category 3 NASM that is CM2 to land if the existing soil pH value is less than six, unless the application is contemplated in a NASM plan that has been approved under section 28. O. Reg. 338/09, s. 70. (4) No person shall apply Category 2 or Category 3 NASM to organic soils unless the application is contemplated in a NASM plan that has been approved under section 28. O. Reg. 338/09, s. 70. (5) No person shall apply Category 2 or Category 3 NASM to the land of an established golf course. O. Reg. 338/09, s. 70. (6) No person shall apply NASM to which this subsection applies to land at a rate that exceeds 22 tonnes of the NASM per hectare, calculated on a dry weight basis, in any five-year period. O. Reg. 284/12, s. 5. (7) Subsection (6) applies to NASM that is, (a) sewage biosolids; (b) other materials containing human body waste; or (c) other materials that result from the processing of materials that include sewage biosolids or human body waste. O. Reg. 284/12, s. 5. Part IX.1   Anaerobic digestion General
PART IX.1 ANAEROBIC DIGESTION
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Application to mixed materials
 98.1 (1) For the purposes of this Part, if materials listed in Schedule 1, 2A, 2B or 3 are mixed the resulting material shall be treated for all purposes as a material in the Schedule with the highest number. O. Reg. 508/21, s. 14. (2) For the purposes of subsection (1), Schedule 2B shall be considered to be a higher number than Schedule 2A. O. Reg. 508/21, s. 14. (3) A reference in this Part to “Schedule 2” includes both Schedule 2A and Schedule 2B. O. Reg. 508/21, s. 14.
Compliance
 98.2 (1) A person who owns or controls an agricultural operation that treats off-farm anaerobic digestion materials through mixed anaerobic digestion on a farm unit on which the agricultural operation is carried out shall ensure that, in relation to the operation, (a) the requirements of this Part are met; or (b) the requirements of sections 98.11 and 98.12 are met and, (i) the terms and conditions included in an environmental compliance approval issued under the Environmental Protection Act in respect of an activity mentioned in subsection 27 (1) of that Act are met, or (ii) the terms and conditions included in a renewable energy approval issued under the Environmental Protection Act in respect of an anaerobic digestion facility are met. O. Reg. 284/13, s. 7. (2) Every person who operates a regulated mixed anaerobic digestion facility shall do so in accordance with the manufacturer’s specifications unless otherwise specified by the professional engineer. O. Reg. 508/21, s. 15.
Setbacks
 98.2.1 (1) On and after October 25, 2013, no person shall construct, on a farm unit on which an agricultural operation is carried out, a regulated mixed anaerobic digestion facility that is located, (a) within 200 metres of a dwelling; (b) within 450 metres of a residential area; or (c) within 450 metres of a commercial, community or institutional use. O. Reg. 284/13, s. 8. (2) For the purposes of subsection (1), the location of the dwelling, residential area or commercial, community or institutional use shall be determined as of the day on which the nutrient management strategy contemplating the construction of the facility is submitted to the Director for approval. O. Reg. 284/13, s. 8. (3) Clause (1) (a) does not apply between a component of the regulated mixed anaerobic digestion facility and a dwelling that is located on the same property as the component of the regulated mixed anaerobic digestion facility. O. Reg. 508/21, s. 16. (4) Clause (1) (c) does not apply between a component of the regulated mixed anaerobic digestion facility and a commercial, community or institutional use that is located on the same property as the component of the regulated mixed anaerobic digestion facility. O. Reg. 508/21, s. 16. (5) Subject to subsections 98.4 (2) to (15), no person shall operate a regulated mixed anaerobic digestion facility constructed on or after July 1, 2021 that does not meet the setbacks described in subsections 98.2.1 (1) and (2). O. Reg. 508/21, s. 16. (6) In this section, “property” means land acquired under a single transfer as defined in the Land Registration Reform Act. O. Reg. 508/21, s. 16. Receipt of Off-Farm Anaerobic Digestion Materials
Receipt of Off-Farm Anaerobic Digestion Materials
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Strategy, facilities required
 98.3 (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 unless the nutrient management strategy for the farm unit on which the agricultural operation is carried out, (a) contemplates the receipt of the materials for treatment in a regulated mixed anaerobic digestion facility; and (b) has been approved and is in force. O. Reg. 394/07, s. 17. (2) 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 unless there is an operational regulated mixed anaerobic digestion facility on the farm unit on which the operation is carried out. O. Reg. 394/07, s. 17. (3) No person shall receive off-farm anaerobic digestion materials that are listed in Schedule 2 on a farm unit on which an agricultural operation is carried out for treatment in a regulated mixed anaerobic digestion facility unless there is an operational regulated mixed anaerobic digestion facility that was designed by a professional engineer to minimize odour emissions and was built to those design specifications. O. Reg. 394/07, s. 17.
Source separated organics
 98.4.1 (1) The person who owns or controls an agricultural operation that treats off-farm anaerobic digestion materials through mixed anaerobic digestion in a regulated mixed anaerobic digestion facility located on a farm unit on which the agricultural operation is carried out shall ensure that no source separated organics are received for mixed anaerobic digestion unless the person has received a written statement prepared by the municipality where the source separated organics were collected, (a) stating that the source separated organics are listed in Schedule 2B; and (b) listing the materials that are not accepted in the source separated organics stream of the municipal collection system. O. Reg. 508/21, s. 18. (2) The person must receive the statement described in subsection (1) before the first occasion that the person receives the source separated organics collected by the municipality. O. Reg. 508/21, s. 18. (3) A municipality that has provided a statement described in subsection (1) shall provide notice to the person who owns or controls the regulated mixed anaerobic digestion facility where there is intended to be a change in the materials accepted in the source separated organics stream of the municipal collection system, specifying the nature of the change. O. Reg. 508/21, s. 18.
Sampling for plastic and particle size
 98.5.1 (1) No person shall receive off-farm anaerobic digestion materials listed in Schedule 2B on a farm unit on which an agricultural operation is carried out for treatment in a regulated mixed anaerobic digestion facility unless the person obtains the results of an analysis of the materials in accordance with this section, and the analysis indicates compliance with paragraphs 1.1 and 1.3 of subsection 98.4 (1). O. Reg. 508/21, s. 20. (2) A person who receives off-farm anaerobic digestion materials listed in Schedule 2B shall obtain results of an analysis of the materials in each of the following circumstances: 1. It is the first time that the person receives materials supplied by that particular operator of a facility described in paragraph 1.6 of subsection 98.4 (1). 2. The person has previously obtained results with respect to materials from an operator of a facility and the person has received 1,000 cubic metres of materials, inclusive of materials that are about to be received, supplied by that operator since the last time the person obtained results from that operator, not including materials sent to another facility under subsection (5). 3. More than 12 months have passed since the last time the person obtained results from that operator. O. Reg. 508/21, s. 20. (3) The results of an analysis of the materials must be from a sample that has been collected within 14 days before the materials are to be received and each sample of the materials must be analyzed for its content of plastic on a dry weight basis and for particles of any material that will not pass through a screen whose largest opening has an area of 2.5 square centimetres in accordance with the methods specified in the Sampling and Analysis Protocol. O. Reg. 508/21, s. 20. (4) The operator of the facility described in paragraph 1.6 of subsection 98.4 (1) that supplies the materials listed in Schedule 2B shall ensure that when the person receives the materials from the operator, the person also receives the results of the analysis required by this section. O. Reg. 508/21, s. 20. (5) Despite anything else in this section, where a person has obtained an analysis described in subsection (2) and, based on the analysis, could have accepted the materials but is unable to for a reason unrelated to the analysis, a single truckload of the materials may be received by another farm unit on which an agricultural operation is carried out for treatment in a regulated mixed anaerobic digestion facility, as long as the person who owns or controls the agricultural operation to which the materials are being sent obtains the analysis in subsection (2) before receiving the materials. O. Reg. 508/21, s. 20. Storage of Off-Farm Anaerobic Digestion Materials
Storage of Off-Farm Anaerobic Digestion Materials
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Odour control system
 98.6.2 (1) A person to whom section 98.6.1 applies shall ensure that the regulated mixed anaerobic digestion facility has an odour control system that is designed and operated in accordance with the following: 1. The odour control system and its operating specifications must be designed by a professional engineer. 2. The odour control system must be of sufficient size to treat all the odour emissions from the feedstock system. 3. All of the odour emissions from the feedstock system must be delivered to and treated in the odour control system. 4. The operating specifications for the odour control system must be kept at the site of the regulated mixed anaerobic digestion facility. 5. The operating specifications for the odour control system must identify the records to be kept by the operator of the regulated mixed anaerobic digestion facility. 6. The odour control system must be operated in accordance with its operating specifications. O. Reg. 508/21, s. 22. (2) Paragraphs 4 to 8 of subsection 98.6 (1) do not apply where the person is required to comply with this section. O. Reg. 508/21, s. 22.
Significant odour emission
 98.6.3 (1) No person shall operate a regulated mixed anaerobic digestion facility in a manner that generates a significant odour emission uncharacteristic of an agricultural operation that does not have a regulated mixed anaerobic digestion facility. O. Reg. 508/21, s. 22. (2) This section applies to the following regulated mixed anaerobic digestion facilities: 1. Facilities constructed on or after July 1, 2021. 2. Facilities that have received more than 10,000 cubic metres of off-farm anaerobic digestion materials in any 12-month period. 3. Facilities that have received materials listed in Schedule 2B. O. Reg. 508/21, s. 22. (3) No person shall store on or apply to the land of a farm unit in the course of an agricultural operation any anaerobic digestion output that comes from a regulated mixed anaerobic digestion facility described in subsection (2) in a manner that generates a significant odour emission uncharacteristic of an agricultural operation that does not store anaerobic digestion output or apply anaerobic digestion output to land. O. Reg. 508/21, s. 22. Treatment of Anaerobic Digestion Materials
Treatment of Anaerobic Digestion Materials
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Requirements re biogas
 98.7 (1) No person shall treat anaerobic digestion materials in a regulated mixed anaerobic digestion facility on a farm unit on which an agricultural operation is carried out unless, (a) the facility is equipped with, connected to or has access to one or more gas combustion systems or biogas upgrading systems that are collectively capable of consuming the equivalent of 110 per cent of the biogas that the facility can generate; (b) any gas storage cover installed in respect of the facility has a design permeability of less than 500 cm3/m2/day/bar; and (c) there is compliance with subsection (3) or (4), as the case may be. O. Reg. 284/13, s. 11; O. Reg. 508/21, s. 23 (1). (2) The design permeability requirement in clause (1) (b) does not apply if the gas storage cover was installed in respect of the facility before October 25, 2013. O. Reg. 284/13, s. 11. (3) If the regulated mixed anaerobic digestion facility is designed to generate biogas at a rate that does not exceed 50 m³/hour, a secondary gas burning facility must be available, but need not be located on the farm unit at all times, and must be used within 48 hours if the rate of release of non-combusted biogas exceeds 20 m³/hour. O. Reg. 284/13, s. 11. (4) If the regulated mixed anaerobic digestion facility is designed to generate biogas at a rate that exceeds 50 m³/hour, a secondary gas burning facility must be available, must be located on the farm unit at all times, and must be used to prevent any release of non-combusted biogas. O. Reg. 284/13, s. 11; O. Reg. 508/21, s. 23 (2). (5) If the regulated mixed anaerobic digestion facility receives more than 10,000 cubic metres of off-farm anaerobic materials in the preceding 12-month period or if it receives materials listed in Schedule 2B in the preceding 12-month period, (a) the secondary gas burning facility must be a high efficiency flare that meets the following requirements: (i) the flare must be designed by a professional engineer, and (ii) the flare must be sized by the professional engineer to consume 110% of the biogas production capacity of the facility; and (b) any biogas or renewable natural gas that is not used, consumed or removed from the facility must be disposed of in the flare described in clause (a). O. Reg. 508/21, s. 23 (3).
Generated materials
 98.8 (1) No person shall treat on-farm anaerobic digestion materials in a regulated mixed anaerobic digestion facility on a farm unit on which no livestock operation is carried out unless the materials meet the following criteria: 1. The materials were generated on the farm unit on which the anaerobic digestion facility is located. 2. Despite paragraph 1, materials may be received from one or more agricultural operations carried out on several farm units, if the total number of farm animals on all the farm units generate less than 2,000 nutrient units annually. 3. The materials are organic materials that were generated through, i. the growing, producing or raising of farm animals, ii. the production of agricultural crops, including greenhouse crops, maple syrup, mushrooms, nursery stock, tobacco, trees and turf grass, iii. the production of eggs, cream or milk, or iv. the processing by a farmer of products produced primarily from the farmer’s agricultural operation. O. Reg. 394/07, s. 17; O. Reg. 284/13, s. 12; O. Reg. 508/21, s. 24 (1). (2) No person shall treat on-farm anaerobic digestion materials in a regulated mixed anaerobic digestion facility on a farm unit on which livestock operations are carried out unless the materials meet the criteria in paragraph 3 of subsection (1). O. Reg. 508/21, s. 24 (2).
Storage of Anaerobic Digestion Output
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Storage capacity
 98.10 (1) No person shall treat anaerobic digestion materials on a farm unit on which an agricultural operation is carried out through mixed anaerobic digestion in a regulated mixed anaerobic digestion facility unless the farm unit is capable of storing all of the anaerobic digestion output generated in the course of the operation during a period of 240 days. O. Reg. 394/07, s. 17. (2) The 240 day storage capacity referred to in subsection (1) is in addition to the requirements for storage capacity set out in section 69 and may be achieved through the storage capacity of a combination of facilities described in Part VIII. O. Reg. 394/07, s. 17. (3) Despite subsection (1), a farm unit on which an agricultural operation is carried out may have a total storage capacity of less than 240 days for anaerobic digestion output if the person who owns or controls the operation has agreements to transfer some of the output off the farm unit. O. Reg. 394/07, s. 17. (4) If a farm unit on which an agricultural operation is carried out has a total storage capacity for anaerobic digestion output of less than 240 days in accordance with subsection (3), the person who owns or controls the operation shall ensure that the storage capacity of the farm unit is at least equal to the capacity required to store the output that is not transferred off the farm unit. O. Reg. 394/07, s. 17. (5) Despite subsection (1), if a person who owns or controls the operation has a nutrient management strategy for the farm unit on which the agricultural operation is carried out that provides for the use of some or all of the solid anaerobic digestion output generated in the course of the operation by a means that eliminates the need for storing the output on the farm unit for 240 days, the storage capacity of the farm unit must be at least equal to the storage capacity that the strategy requires. O. Reg. 394/07, s. 17. (6) Despite subsection (1), a person may treat anaerobic digestion materials on a farm unit on which the agricultural operation is carried out through mixed anaerobic digestion in a regulated mixed anaerobic digestion facility where the farm unit has a total storage capacity of less than 240 days for anaerobic digestion output if, (a) the anaerobic digestion output is solid; (b) the person who owns or controls the agricultural operation has an application schedule that complies with section 98.11 and that provides for the application of the anaerobic digestion output to land, on a schedule of times that eliminates the need for storing the materials on the farm unit for 240 days; (c) the person who owns or controls the agricultural operation applies the anaerobic digestion output to land in accordance with the application schedule; and (d) the storage capacity is equal to the storage capacity that the application schedule requires. O. Reg. 394/07, s. 17. Land Application of Anaerobic Digestion Output General requirements for land application
Land Application of Anaerobic Digestion Output
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Application of output not from regulated mixed anaerobic digestion facility
 98.12 (1) No person shall apply anaerobic digestion output that is from a mixed anaerobic digestion facility that is not a regulated mixed anaerobic digestion facility to land on a farm unit on which an agricultural operation is carried out except in accordance with the nutrient management plan that is in force with respect to the operation and the farm unit. O. Reg. 508/21, s. 27. (2) No person shall apply anaerobic digestion output that is from a mixed anaerobic digestion facility that is not a regulated mixed anaerobic digestion facility to land on a farm unit on which an agricultural operation is carried out except in accordance with the following rules: 1. The application must occur at a rate such that the total plant available phosphate in all prescribed materials that are applied to the land per hectare during any consecutive five-year period does not exceed the greater of, i. the crop production requirements per hectare for that five-year period plus 85 kilograms of phosphate per hectare, and ii. 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. 2. The application must occur at a rate such that the total plant available nitrogen in all prescribed materials that are applied to the land per hectare does not exceed 200 kilograms of plant available nitrogen per hectare in any 12-month period. O. Reg. 508/21, s. 27. (2.1) Subsection (1) applies to land on a farm unit on which an agricultural operation is carried out if a nutrient management plan is required for the agricultural operation carried out on the farm unit, and subsection (2) applies to all other land on a farm unit on which an agricultural operation is carried out. O. Reg. 508/21, s. 27. (3) For the purposes of paragraph 2 of subsection (2), the total plant available nitrogen is the sum resulting from the following calculation: (ammonia and ammonium nitrogen) + (nitrite and nitrate nitrogen) + (0.3) (organic nitrogen) where, organic nitrogen = Kjeldahl nitrogen – (ammonia and ammonium nitrogen). O. Reg. 394/07, s. 17; O. Reg. 338/09, s. 74 (2).
Clean-out material
 98.12.1 (1) No person shall apply clean-out material from a regulated mixed anaerobic digestion facility described in subsection (2) to land on a farm unit on which an agricultural operation is carried out except in accordance with the following rules: 1. Any clean-out material to be applied to land must be tested in accordance with subsection (3) and the most recent results of an analysis conducted must show that the clean-out material to be applied to land meets the following standards: i. The glass, metallic objects, plastic and other foreign objects in the material do not exceed 2 per cent calculated on a dry weight basis. ii. The plastic content does not exceed 0.5 per cent calculated on a dry weight basis. 2. The application must be carried out in accordance with section 98.11. O. Reg. 508/21, s. 28. (2) The regulated mixed anaerobic digestion facility referred to in subsection (1) is a regulated mixed anaerobic digestion facility on a farm unit that receives more than 10,000 cubic metres of off-farm anaerobic digestion materials in any 12-month period or any materials listed in Schedule 2B, where the clean-out material has not been removed from the anaerobic digestion vessel since the most recent receipt of this amount or type of material. O. Reg. 508/21, s. 28. (3) Testing to determine whether the clean-out material intended to be applied to land meets the standards in paragraph 1 of subsection (1) must be carried out in accordance with the following rules: 1. Testing must be carried out in accordance with the Sampling and Analysis Protocol. 2. Every sample collected for analysis must be a composite sample. O. Reg. 508/21, s. 28. (4) Clean-out material that may not be applied to land under this section, or that is not intended for land application, must be removed from the farm unit. O. Reg. 508/21, s. 28. (5) In this section, “clean-out material” means anaerobic digestion output material that has been removed from an anaerobic digestion vessel due to floating or settling of the material and that has been recovered as part of maintenance of the anaerobic digestion vessel. O. Reg. 508/21, s. 28. Records re Anaerobic Digestion
Records re Anaerobic Digestion
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PART IX.2 VEGETATED FILTER STRIP SYSTEMS
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Application and Exception
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Application
 98.14 Subject to section 98.15, a person who owns or controls an agricultural operation where a vegetated filter strip system is established, constructed, altered, expanded or operated shall ensure that the requirements of this Part are met in relation to the system. O. Reg. 394/07, s. 17.
Exception
 98.15 This Part does not apply to the establishment, construction, alteration, expansion or operation of a vegetated filter strip system that manages runoff as part of an agricultural operation if, (a) the vegetated filter strip system is or forms part of a sewage works that is subject to an environmental compliance approval issued in respect of an activity mentioned in subsection 53 (1) of the Ontario Water Resources Act; (b) the person who owns or controls the agricultural operation holds an environmental compliance approval issued in respect of the establishment, alteration, extension or replacement of the sewage works; and (c) the vegetated filter strip system is used or operated in compliance with the environmental compliance approval. O. Reg. 394/07, s. 17; O. Reg. 266/11, s. 15. Criteria for Vegetated Filter Strip System
Criteria for Vegetated Filter Strip System
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Criteria
 98.16 (1) A person who establishes, constructs, alters, expands or operates a vegetated filter strip system shall ensure that the following criteria are met: 1. The vegetated filter strip must slope downward from the location of the distribution pipe, with no abrupt changes in the slope and with the slope on any portion of the vegetated filter strip being no less than 2 per cent and no greater than 12 per cent. 2. The profile of the vegetated filter strip across its width must be flat. 3. The minimum depth of soil to bedrock under the extended vegetated filter strip area must be 0.5 metres. 4. The minimum depth of soil to the uppermost identified aquifer under the extended vegetated filter strip area must be 0.9 metres. 5. The vegetated filter strip must not be located within three metres of a field tile drain. 6. The vegetated filter strip must not be located within, i. 100 metres of a municipal well, ii. 15 metres of a drilled well that has a depth of at least 15 meters and a water tight casing to a depth of at least six metres below ground level, or iii. 30 metres of any other well. 7. The vegetated filter strip 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 the municipality or conservation authority having jurisdiction over the area. O. Reg. 394/07, s. 17; O. Reg. 338/09, s. 75. (2) In this section, “extended vegetated filter strip area” means the area on the surface of the ground that comprises the area of the vegetated filter strip plus the area that extends outwards a distance of 10 metres from every point on the perimeter of the vegetated filter strip. O. Reg. 394/07, s. 17.
Additional requirements
 98.17 In addition to complying with the criteria set out in subsection 98.16 (1), a person who establishes, constructs, alters, expands or operates a vegetated filter strip system shall ensure that one of the following requirements is met: 1. There is a flow path, i. that is at least 50 metres long extending from the lower edge of the vegetated filter strip to the top of the bank of the nearest surface water or tile inlet, and ii. that is maintained under continuous vegetated cover, including perennial grasses, forbs or trees and perennial forage crops that can be harvested as hay or silage. 2. There is a permanently vegetated area that is adjacent to the lower edge of the vegetated filter strip and is located between the vegetated filter strip and the top of the bank of the nearest surface water or tile inlet. There is at least the minimum appropriate length between the lower edge of the vegetated filter strip and the top of the bank of the nearest surface water or tile inlet, as determined by referring to the average slope of the strip set out in Column 1 of the Table and referring to the minimum appropriate length set out opposite the slope in Column 2 of the Table. TABLE  Column 1 Average Slope of Vegetated Filter Strip (in per cent)   Column 2 Minimum Length between Lower Edge of Vegetated Filter Strip and Top of Bank of Nearest Surface Water or Tile Inlet (in metres) 

  2 to < 4   10 

  4 to < 6   20 

  6 to < 8   30 

  8 to < 10   40 

  10 to ≤ 12   50 O. Reg. 394/07, s. 17. Design and Establishment of Vegetated Filter Strip System
Design and Establishment of Vegetated Filter Strip System
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Design and establishment
 98.18 No person shall establish, construct, alter or expand a vegetated filter strip system unless, (a) a professional engineer designs the establishment, construction, alteration or expansion of the vegetated filter strip system in accordance with the requirements of this Regulation; (b) the vegetated filter strip is designed to accommodate infiltration of 100 per cent of the runoff treated by the vegetated filter strip system; (c) the professional engineer provides the person who owns or controls the agricultural operation with a written notice that sets out the design specifications and the amount of runoff that the vegetated filter strip system is designed to treat; (d) the vegetated filter strip system is built to the professional engineer’s design specifications; and (e) the professional engineer provides the person who owns or controls the agricultural operation with a written notice that indicates the vegetated filter strip system meets the design specifications. O. Reg. 394/07, s. 17; O. Reg. 508/21, s. 30. Runoff
Runoff
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Pre-treatment of runoff
 98.19 No person shall establish, construct, alter, expand or operate a vegetated filter strip system unless it is designed to pre-treat runoff through the use of a component that is designed and operated to store and settle the solids before the runoff is transferred to the vegetated filter strip. O. Reg. 394/07, s. 17.