Sunday, May 04, 2003

Consultation and Notification Requirements under the Environmental Protection Act for land application sites for biosolids and other non-agricultural

Consultation and Notification Requirements under the Environmental Protection Act for land application sites for biosolids and other non-agricultural waste


For more information on this regulation and other aspects of the Nutrient Management Act, visit the Queen's Park Watch page on the H2infO web site at www.H2infO.org


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EBR Registry Number: RA03E0017 Type of Posting: Regulation
Ministry: Environment Status of Posting: Proposal
Date Proposal Loaded: 2003/04/25
Comment Period: 30 day(s)
Written submissions may be made between April 25, 2003 and May 25, 2003.

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NOTICE OF PROPOSAL FOR REGULATION
© Queen's Printer for Ontario, 2003
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Proposal Title:
Consultation and Notification Requirements under the Environmental Protection Act for land application sites for biosolids and other non-agricultural waste.

Short Description:
The Ministry of the Environment reviewed its program for approving land application of biosolids and other non-agricultural wastes, which includes sewage biosolids, pulp and paper biosolids and any other material that is not from an agricultural source that is capable of being applied to land as a nutrient. This review included requirements related to consultation with municipalities that host land application sites and notification of neighbours of those sites prior to land application.

It is proposed that a regulation be made to amend Regulation 347, R.R.O. 1990, the general waste management regulation under the Environmental Protection Act to include consultation and notification requirements for land application sites for these materials. This amendment would result in imposing consultation and notification requirements on the dates specified in the regulation.

Approval for land application of biosolids and other non-agricultural waste is currently managed through the Ministry of the Environment's Land Application Program. Through the authority provided under the Environmental Protection Act, a Director of the Ministry of the Environment issues Certificates of Approval for these sites outlining specific requirements for those who apply of biosolids and other non-agricultural waste to land in a manner that protects the environment and human health. Currently, municipalities which host application sites are notified by the Ministry once the Certificate of Approval has been issued. There currently are no other consultation and notification requirements for land application of these materials.

Proposed consultation and notification requirements were discussed as part of the information sessions on the Stage 2 regulatory initiative under the Nutrient Management Act but were not included in the draft Stage 2 regulation.


Purpose of the Proposal:
The purpose of the proposed amendment to Regulation 347 is to ensure that prior to the land application of biosolids and other non-agricultural wastes, municipalities are consulted and given an opportunity to present any technical information relevant to the application and neighbours are notified. The proposed amendments will impose requirements to consult municipalities effective December 1, 2003 and requirements to notify neighbours effective September 1, 2003.


Other Public Consultation:
A series of Public Consultation Meetings on the Nutrient Management Stage 2 Regulatory Initiative were held across the province during December, January and February. Consultation and notification requirements were discussed at these regional meetings.

Key Activities/Reports/Announcements
April 2002
Commitment to the review of the Land Application Program reaffirmed

June 2001
Proposed Nutrient Management Act
Announcement proposed review of the Land Application program

August 2000
Launch of Operation Clean Water

Please refer to Ministry's website for additional information concerning nutrient management and previous public consultations on the matter.


Regulatory Impact Statement:
The requirement for consultation with municipalities will, if passed, provide an opportunity for municipalities hosting land application sites to have input on the technical and environmental implications of the application. The requirements for notification will, if passed, allow municipalities and neighbours of sites to make arrangements according to spreading schedules. The requirements for consultation and notification, may, if passed, have an impact on those municipalities which may be required to address environmental concerns. If the regulation is made, staff of generating municipalities will likely be required to spend time on negotiations with the host municipality and discussing application timing and conditions with the neighbours of the sites.

Comments should be directed to the following Contact Person:
Eileen Smith, Manager, Land Application
Waste Management Policy Branch
135 St. Clair Ave. West, 7th floor
Toronto, Ontario, M4V 1P5
PHONE: (416) 314-5135 FAX: (416) 325-4437

Some Government offices have additional information on this proposal for viewing. These are listed below:
Waste Management Policy Branch
135 St. Clair Avenue West
7th floor, Toronto, Ontario, M4V 1P5
PHONE: (416) 325-4440 FAX: (416) 325-4437

Additional material in support of this notice is available by clicking the following hyperlink(s):
http://www.ene.gov.on.ca/envision/env_reg/er/documents/2003/RA03E0017-reg.pdf
http://www.ene.gov.on.ca/envision/env_reg/er/documents/2003/RA03E0017-plan.pdf

All comments will be considered as part of the decision-making by the Ministry if they:
are submitted in writing;
reference the EBR Registry number; and
are received by the Contact person within the specified comment period.


Please Note: No acknowledgment or individual response will be provided to those who comment. All comments and submissions received will become part of the public record.

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