Siting
 63. (1) On or after the day on which this Regulation requires an operation to have a nutrient management strategy or nutrient management plan, no person shall construct or expand a permanent nutrient storage facility used on a farm unit in the course of the operation if the facility is 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, if the facility is designed to store only agricultural source materials; or (d) within 90 metres of any other well, if the facility is designed to store non-agricultural source materials. O. Reg. 267/03, s. 63 (1); O. Reg. 447/03, s. 27 (1). (1.1) Despite clauses (1) (c) and (d), if an operation is required to have a nutrient management strategy because it treats materials through mixed anaerobic digestion in a regulated mixed anaerobic digestion facility, no person shall construct or expand a facility for the storage of off-farm anaerobic digestion materials, an anaerobic digestion vessel, or a facility for the storage of on-farm materials that are fruit, vegetables or plant materials from the production and processing of fruit or vegetables used on a farm unit in the course of the operation, if the facility is located within 90 metres of a well other than a well described in clause (1) (a) or (b). O. Reg. 508/21, s. 11. (1.2) The reference in subsection (1.1) to a facility for the storage of on-farm materials that are fruit, vegetables or plant materials from the production and processing of fruit or vegetables applies where more than 10,000 cubic metres of off-farm anaerobic digestion materials was received at the farm unit where the regulated mixed anaerobic digestion facility is located in any preceding 12-month period. O. Reg. 508/21, s. 11. (2) Subject to subsections (5) and (6), on or after the day on which this Regulation requires an operation to have a nutrient management strategy or nutrient management plan, no person shall construct or expand a permanent nutrient storage facility used on a farm unit in the course of the operation without, (a) determining the location of all field drainage tiles or piped municipal drains within 15 metres of the perimeter of the facility; (b) removing all drainage tiles within 15 metres of the perimeter of the facility; and (c) redirecting the flow of the field drainage system or piped municipal drain away from the facility. O. Reg. 267/03, s. 63 (2); O. Reg. 447/03, s. 27 (2). (3) On or after the day on which this Regulation requires an operation to have a nutrient management strategy or nutrient management plan, no person shall construct or expand a permanent nutrient storage facility used on a farm unit in the course of the operation if the facility does not have a flow path that is at least 50 metres long to the top of the bank of the nearest surface water or tile inlet. O. Reg. 267/03, s. 63 (3); O. Reg. 447/03, s. 27 (3). (4) On or after the day on which this Regulation requires an operation to have a nutrient management strategy or nutrient management plan, no person shall construct or expand a permanent nutrient storage facility used on a farm unit in the course of the operation within the one in 100 year flood lines established by the municipality or the conservation authority having jurisdiction over the location of the facility if the municipality or the conservation authority has established such flood lines unless a permit for the facility is issued under section 28 of the Conservation Authorities Act. O. Reg. 267/03, s. 63 (4); O. Reg. 511/05, s. 35. (5) On or after the day on which this Regulation requires an operation to have a nutrient management strategy or nutrient management plan, no person shall construct or expand a permanent nutrient storage facility used on a farm unit in the course of the operation if the facility permits liquid prescribed materials to enter a tile drainage system. O. Reg. 338/09, s. 48. (6) Subsection (1), except clause (c), and subsections (2), (3), (4) and (5) also apply, with necessary modifications, to a person who, on or after the day on which this Regulation requires an operation to have a NASM plan for a NASM plan area, constructs or expands a permanent NASM storage facility used on the NASM plan area in the course of the operation. O. Reg. 338/09, s. 48. (7) A person who, on or after the day on which this Regulation requires an operation to have a nutrient management strategy or nutrient management plan, constructs or expands, within 15 metres of a permanent nutrient storage facility, a drainage system that is used in the course of the operation and is intended to collect water and divert it away from the facility, shall ensure that at least one of the following conditions is met: 1. The system is constructed with non-perforated pipe and all subsurface joints in the piping are properly sealed. 2. All water collected by the drainage system discharges into a treatment system. 3. The foundation drains of the permanent nutrient storage facility are equipped with an observation and shut-off station. O. Reg. 338/09, s. 48. (8) Subsection (7) also applies, with necessary modifications, to a person who, on or after the day on which this Regulation requires an operation to have a NASM plan for a NASM plan area, constructs or expands, within 15 metres of a NASM storage facility that is a permanent nutrient storage facility, a drainage system that is used in the course of the operation and is intended to collect water and divert it away from the facility. O. Reg. 338/09, s. 48. Site Characterizations