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

This notice was originally posted in the old Environmental Registry under number RA03E0017.

Description of regulation

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 regulation

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 opportunities

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.