Sludge Watch ==> Ontario plans to remove permit requirements for sludge spreading

[maureen.reilly at sympatico.ca]

Sludgewatch Admin:

I see that the Ontario Ministry of the Environment is essentially secretly 
planning to remove the requirement for a Certificate of Approval for the 
land application of sewage sludge and paper sludge!   I also hear that the 
Ministry of Environement biosolids inspection staff have been pulled off the 
case and a busload of rookies, many hired by the Ministry of Agriculture 
("we're not cops, we're the farmer's friends and agricultural advisors") 
have replaced the seasoned enforcement staffers at the Ministry of the 
Environment.

Want more info?  Want to comment...?

Contact  Sharon Johnston at the Ministry of Agriculture.  The contact people 
in the notice are no longer with the Ministry and can't be reached.  Oh..and 
notice that the appendix referred to for removing the CofA requirement no 
where sets out this intention...and it references the WRONG EBR reference 
number....http://www.omafra.gov.on.ca/english/nm/regs/appendix1.htm

You read it...do you see them say ... no more permit needed?  Well thats 
what they mean....
How is anyone supposed to figure this out?

Only the haulers and sludgers can comprehend what is being proposed. This is 
outrageous.


Sharon Johnston, Policy Analyst  AGRICULTURE, FOOD AND RURAL AFFAIRS
[ENVIRONMENTAL MANAGEMENT, Guelph ] [ 519-826-3118 ] 
[sharon.johnston at omafra.gov.on.ca ]

/////////////////////////////////////////////////

The Ministry posted a public notice for comment on the Environmental 
Registry over the
summer...but the notice didn't actually spell out their intentions



////////////////////////
http://www.ene.gov.on.ca/envregistry/028031er.htm


EBR Registry Number: RC06E0001 Type of Posting: Regulation
Ministry: Agriculture, Food and Rural Affairs Status of Posting: Proposal
Date Proposal Loaded: 2006/07/10
Comment Period: 30 day(s)
Written submissions may be made between July 10, 2006 and August 09, 2006.


--------------------------------------------------------------------------------

NOTICE OF PROPOSAL FOR REGULATION
© Queen's Printer for Ontario, 2006


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Proposal Title:
Amendments to the Nutrient Management Regulation


Short Description:
With the implementation of the Nutrient Management Regulation (O.Reg 267/03) 
in September 2003, phased in haulers, brokers, land applicators and 
receivers of non-agricultural source material (NASM) are subject to 
duplicative requirements under the Environmental Protection Act and the 
Nutrient Management Act, 2002 regulations. This proposal will address this 
regulatory duplication.

Appendix 1 attached to this proposal highlights duplicative regulatory 
requirements in existence under the current regulatory framework.

In order to move forward and develop the framework necessary to address the 
issue of regulatory duplication the Ministry of the Environment and the 
Ministry of Agriculture, Food and Rural Affairs are first proposing to amend 
the Nutrient Management Regulation (O.Reg 267/03) to extend the phase-in 
dates for non-agricultural source material generators and receivers required 
to have approved nutrient management strategies and plans. This will avoid 
duplication in the interim period for operations affected by the phase in 
dates under the Nutrient Management Regulation. Regulatory requirements 
under the EPA will continue to apply to these operations.

Amendments are proposed to the Nutrient Management Regulation to:

A) Extend the phase-in date for NASM generators who would currently have to 
comply with the requirements of the regulation and have nutrient management 
strategies by January 1, 2007 such that they will have until December 31, 
2008 to meet those requirements. This would apply to medium-sized municipal 
sewage treatment works, and other generators including food processing 
facilities;

B) Extend the phase-in date for NASM generators who would currently have to 
comply with the requirements of the regulation and have nutrient management 
strategies by January 1, 2008 such that they will have until December 31, 
2009 to meet those requirements. This would apply to small municipal sewage 
treatment works and pulp and paper biosolids generators; and

C) Extend the period during which phased-in farms, (i.e. farms that are 
required to have a nutrient management strategy) that are between 5 and 300 
nutrient units, are able to apply NASM to agricultural lands under a 
Certificate of Approval without the need to have a separate nutrient 
management plan under the Nutrient Management Regulation. Currently where 
these farms are not located within 100 meters of a municipal well they would 
be required to have a nutrient management plan as of January 1, 2007; this 
proposal would extend the period until December 31, 2008 for those farms.

Copies of the proposed regulatory amendments to the Nutrient Management 
Regulation are attached as Appendix 2 to this proposal.

Subsequent detailed amendments to revise the regulatory framework for NASM 
management will be posted on the Environmental Registry at a later date. The 
current proposed date extensions will allow the two ministries time to 
accommodate the regulatory development process and the implementation of 
revised training and certification of stakeholders. Full year extensions are 
required to accommodate the land application season and provide a smoother 
transition for the regulated community.

Moving forward with the proposed framework amendments will also require that 
affected stakeholders prepare nutrient management strategies and plans that 
reflect amended requirements. The joint ministries have proposed the noted 
date extensions in response to this consideration.


Purpose of the Proposal:
Phase in date extensions will allow the Ministry of the Environment and the 
Ministry of Agriculture, Food and Rural Affairs the necessary time to 
develop additional proposed amendments designed to eliminate duplicative 
regulatory provisions for the management of non-agricultural source material 
(NASM) which exist under the Environmental Protection Act and the Nutrient 
Management Act, 2002. It will also allow for amendments to the regulatory 
requirements for transportation and land application of NASM on agricultural 
land under the Nutrient Management Regulation.

Later this year a revised regulatory framework proposal for NASM management 
that retains necessary environmental controls, along with new standards for 
on-farm treatment technologies and practices under the Nutrient Management 
Act Regulation (O.Reg 267/03) will be posted on the Environmental Registry.

Consultation with affected stakeholders is a critical component of the 
proposed regulatory framework initiative later this year. The subsequent EBR 
posting will entail consultation with key stakeholder groups.



Other Relevant Information:
See two attachments:
Appendix 1 - Regulatory Duplication Table
Appendix 1 - Regulatory Duplication Table - French version

Appendix 2 - Proposed regulation
Appendix 2 - Proposed regulation - French version



Comments should be directed to the following Contact Person:
Policy Advisor
Strategic Policy Branch
77 Grenville Street, 11th Floor
Toronto, Ontario, M5S1B3
PHONE: (416) 326-5974

Some Government offices have additional information on this proposal for 
viewing. These are listed below:
Resources Management, Ministry of Agriculture, Food and Rural Affairs
1 Stone Road West, 3rd floor South
Guelph, Ontario, N1G 4Y2
PHONE: (519) 826-4120 FAX: (519) 826-3259

Additional material in support of this notice is available by clicking the 
following hyperlink(s):
http://www.omafra.gov.on.ca/english/nm/regs/appendix1.htm
http://www.omafra.gov.on.ca/english/nm/regs/appendix2.htm
http://www.omafra.gov.on.ca/french/nm/regs/appendix1.htm
http://www.omafra.gov.on.ca/french/nm/regs/appendix2.htm


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.