Construction and expansion, general requirements
 49. (1) No person shall construct or expand a permanent GNF storage facility at an agricultural operation, whether or not the agricultural operation is subject to a GNF strategy or a GNF plan, unless, if the facility meets the description set out in Column 1 of the Table to this subsection, the requirements set out opposite the description in Column 2 of the Table are met: Table   Requirements for construction and expansion  Item   Column 1 Description of permanent GNF storage facility   Column 2 Requirements 

  1.   Any   The new or expanded facility shall not be 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 the ground level of the well, (b) within 100 metres of a municipal well, or (c) within 30 metres of any other well. 

  2.   Made of earth, whether lined or unlined   The facility shall be designed to have a minimum freeboard of 0.3 metres. 

  3.   Made of earth and lined   1. The slope of the inside wall of the facility shall be consistent with the requirements of the liner design and pump out equipment and, unless a professional engineer specifies otherwise, shall be no steeper than 50 per cent. 2. The slope of the outside wall of the facility shall be consistent with the requirements of the liner design and pump out equipment and, unless a professional engineer specifies otherwise, shall be no steeper than 33 per cent. 

  4.   Made of earth and unlined   1. The facility shall have a maximum storage depth of three metres and a maximum storage volume of 2,500 cubic metres. 2. The facility shall have at least two metres of hydraulically secure soil between the bottom and sides of the facility and bedrock or the uppermost identified aquifer. 3. The soil materials that form the interior surface of the facility shall be disked to a depth of at least 150 millimetres and recompacted to meet a hydraulic conductivity of no more than 1 × 10-8 metres per second. 4. Any soil anomalies that are discovered during construction or expansion, such as coarse material lenses, large rocks or soil fractures shall be excavated and filled with a clay based material to a depth of one metre and to the satisfaction of a professional engineer. 5. Topsoil shall be stripped to the subsoil layer from the land where any berm is to be constructed and stockpiled for use in the outside slopes of the facility. 6. Any above ground berms shall be constructed of a material that is suitable for compaction to meet a maximum saturated hydraulic conductivity of 1 × 10-9 metres per second and be compacted to at least 95 per cent modified Proctor density according to test criteria approved by a professional engineer. 

  5.   Made of rigid plastic   1. The facility shall be designed to handle liquids with a Specific Gravity of at least 1.5. 2. The facility shall have a minimum UV rating of UV8, if the tank may be exposed to sunlight. 3. The facility shall be protected from equipment and vehicle collisions by the installation of bollards, guardrails or other barriers, if any part of it is located above ground. O. Reg. 300/14, s. 49 (1); O. Reg. 234/15, s. 18 (1). (2) Subject to subsection (3), no person shall construct or expand a permanent GNF storage facility at an agricultural operation unless the person has, (a) determined the location of all field drainage tiles or piped municipal drains within 15 metres of the perimeter of the facility; (b) removed all field drainage tiles within 15 metres of the perimeter of the facility; and (c) redirected the flow of the field drainage system or piped municipal drain away from the facility. (3) Subsection (2) does not apply if the permanent GNF storage facility is, (a) not made of earth and not located at an agricultural operation that is subject to a GNF strategy or a GNF plan; (b) located in a greenhouse that has a concrete floor, if both the greenhouse and the concrete floor existed on January 1, 2015 and all GNF is stored at or above the level of the concrete floor; or (c) a
rigid plastic storage facility or a lined steel storage facility placed on a concrete floor in a greenhouse and all surface inlets, including all catch basins and floor drains, located in the greenhouse within 15 metres of the facility are equipped with an observation and shut-off station that, (i) intercepts the flow of liquid in a pipe, (ii) is used to collect, observe and monitor the amount and condition of liquid in the pipe, and (iii) is equipped with a valve attached to the gravity outflow pipe to allow the flow of liquid in the pipe to be shut off. O. Reg. 300/14, s. 49 (3); O. Reg. 234/15, s. 18 (2).