Sludge Watch ==> ALERT!! Ontario Gov't - plans to strip away requirement for sludge permits

[Maureen Reilly]

Sludgewatch Admin:

The Ontario gov't has posted a notice on the Environmental Registry that 
would remove the requirement for sludge haulers to get a permit (Certificate 
of Approval) for each farm site that is spread with sewage sludge or 
papermill sludge.

Certificate of Approval (CofA) process allows for conditions to be placed on 
the permit.  With a CofA the public can review the sludge spreading permit, 
and contact the Ministry of the Environment to adjust the CofA if there are 
other important conditions that need to be addressed.  Conditions can be 
placed in each sludge site concerning set backs, oil wells, sensitive waters 
or wetlands, shallow wells, etc.

But under the Nutrient Management Act all the terms of the sludge spreading 
are held secret by the Ministry of Agriculture.  Even though the Privacy 
Commissioner ruled that the Nutrient Management Plans should be public 
documents available for viewing, the Ontario Government takes the position 
that the spreading of these wastes should be 'private' information for the 
farmer.

Every time I look at this proposal I find more horrifying implications.  
This week I found out that the proposal also contains provisions to allow 
sludge to be spread on land that already has excessive levels of phosphorus. 
   This information will also be confidential..so neighbours and water 
agencies will never know.

You must make your voice heard on this.
We have less than two months to put a stop to the proposal to strip away the 
Certificate of Approval requirement.

Let the Ontario Gov't know that you do NOT want to see the Certificate of 
Approval requirement removed.

Sludge Watch will be posting more information over the coming weeks.
But don't wait.

Start filing your objections now.

For more info about the proposed changes and to make your comments on the 
proposal contact:

Kevin Webster
Senior Policy Coordinator
Ministry of the Environment
Waste Management Policy Branch
135 St Clair Avenue West
Floor 7
Toronto Ontario
M4V 1P5
Phone: (416) 314-9398
Fax: (416) 325-4437
kevin.webster at ontario.ca


Here is the gov't 43 page  'plain language' document on the miriad of 
proposed changes.
http://www.ene.gov.on.ca/envision/env_reg/er/documents/2007/NASM.pdf


Here is the Registry posting

http://www.ebr.gov.on.ca/ERS-WEB-External/displaynoticecontent.do?noticeId=MTAxNDMy&statusId=MTUxNjMz&language=en

Regulation Proposal Notice:    EBR Registry Number:   010-1436
Title:
An improved regulatory framework for the management of non-agricultural 
source materials (NASM).    Ministry:
Ministry of the Environment
Date Proposal loaded to the Registry:
September 07, 2007




Keyword(s):   Agriculture  |  Nutrient Management  |  Waste
Related Act(s):   Nutrient Management Act, 2002
Comment Period: 120 days: submissions may be made between September 07, 2007 
and January 05, 2008.

Description of Regulation:

The Ministry of the Environment (MOE) and the Ministry of Agriculture, Food 
and Rural Affairs (OMAFRA) have undertaken a two-stage initiative to improve 
the regulatory framework governing application of non-agricultural source 
material (NASM) on agricultural land.

Stage one extended phase-in date requirements for small and medium sized 
sewage treatment plants and other NASM generators to have nutrient 
management strategies. It also extended the date when small and medium sized 
livestock farm operations would be required to have nutrient management 
plans for NASM land application, in cases where an organic soil conditioning 
site Certificate of Approval is in effect. This stage was completed with the 
filing of an amending regulation (O.Reg 474/06) in October 2006, and the 
Environmental Bill of Rights Registry (EBR) decision posting on November 
6th, 2006.
This posting describes the proposed second stage of the regulatory 
improvements under this initiative.

Currently, in cases where a NASM is also a waste under Part V of the 
Environmental Protection Act (EPA), there are overlapping approval 
requirements for NASM under the Nutrient Management Act, 2002 (NMA) and the 
EPA related to the management, transportation and land application of NASM. 
Specifically, transportation and land application of NASM requires the 
certificates and licences under the EPA and NMA.

The goal of the proposed NASM framework is to eliminate the current 
overlapping approval requirements and develop and revise existing standards 
for NASM under the NMA to focus on the quality of the materials. Overlapping 
approval requirements will be minimized or eliminated through a companion 
regulatory exemption under the EPA.

The proposed framework for the management of NASM focuses on the quality of 
the material being land applied, building on standards that already exist 
for NASM in the Nutrient Management Regulation, and expanding the existing 
framework to include greater detail and a wider range of alternatives for 
NASM. The framework is proposed to cover all the agricultural land where 
NASM will be applied in Ontario, as opposed to just those farms that are 
already required to have a nutrient management strategy.

This proposed framework will introduce the requirement for a field specific 
nutrient management plan prepared by a certified person when NASM 
application is going to occur. These field level plans will identify all 
farm fields that will receive NASM and will provide details on how the NASM 
is to be applied to optimize the nutrient benefit and minimize adverse 
environmental impact.

The revised framework creates six (6) categories of NASM. Each category 
determines the level of approval required for nutrient management strategies 
and plans for the materials within that category. In addition to the basic 
categorization, NASM is also sub-categorized based on the concentration of 
metals, pathogen content and odour annoyance potential. The standards for 
land application and storage of NASM are based on these metal, pathogen and 
odour characterizations.

In conjunction with the establishment of the revised NASM framework are 
exemptions from approval requirements under the EPA for a Waste Management 
System Certificate of Approval for the broker/hauler of the NASM, and for an 
organic soil conditioning site Certificate of Approval for a site where the 
NASM will be land applied. These EPA exemptions will be conditional on 
meeting the standards set out in O. Reg. 347, General Waste Management, made 
under the EPA.

It is important to note that this process is only dealing with the 
application of NASM to agricultural lands. Application of NASM to other 
types of lands such as golf courses, rehabilitated mines etc. is not part of 
the proposed NASM framework amendments.
The proposed framework will likely result in extensive amendments to the 
current Nutrient Management Regulation. Sampling and analysis requirements 
are based on the categories of NASM set out above.

The proposed framework will also set out revised sampling and analysis 
requirements for soil of the land receiving the material.

Currently O. Reg. 267/03 requires the person who is required to have a 
nutrient management plan to sample and analyse both the materials and the 
soil where the material is to be applied. The proposed framework will 
require the person who is required to have a nutrient management plan to 
sample and analyse soil of the land where the material is to be applied and 
the person required to have a nutrient management strategy to sample and 
analyse the material.


Purpose of Regulation:
The Ministry of the Environment and the Ministry of Agriculture, Food and 
Rural Affairs have undertaken an initiative to improve the regulatory 
framework governing application of non-agricultural source materials on 
agricultural land.

The goal of the proposed NASM framework is to minimize or eliminate the 
current overlapping approval requirements; develop and revise existing 
standards for NASM under the NMA to focus on the quality of the materials; 
and expand the existing framework to include all agricultural land where 
NASM will be applied in Ontario.
The posting of this proposal on the EBR is the first step of a 3 step 
consultation process. Following this initial posting MOE/OMAFRA will be 
conducting stakeholder consultation. The third step will be the posting of a 
draft regulation on the EBR.


Other Information:
The document attached includes a plain language summary of the proposed 
regulatory amendments for an improved regulatory framework for 
non-agricultural source material.

Public Consultation:
This proposal has been posted for a 120 day public review and comment period 
starting September 07, 2007. If you have any questions, or would like to 
submit your comments, please do so by January 05, 2008 to the individual 
listed under "Contact". Additionally, you may submit your comments on-line.

All comments received prior to January 05, 2008 will be considered as part 
of the decision-making process by the Ministry of the Environment if they 
are submitted in writing or electronically using the form provided in this 
notice and reference EBR Registry number 010-1436.

Please Note: All comments and submissions received will become part of the 
public record. You will not receive a formal response to your comment, 
however, relevant comments received as part of the public participation 
process for this proposal will be considered by the decision under for this 
proposal.
   Contact:
All comments on this proposal must be directed to:

Kevin Webster
Senior Policy Coordinator
Ministry of the Environment
Waste Management Policy Branch
135 St Clair Avenue West
Floor 7
Toronto Ontario
M4V 1P5
Phone: (416) 314-9398
Fax: (416) 325-4437

To submit a comment online, click the submit button below:





Additional Information:


The following government offices have additional information regarding this 
Proposal. To arrange a viewing of these documents please call the Ministry 
Contact or the Office listed below.
Waste Management Policy Branch
135 St Clair Avenue West
Floor 7
Toronto Ontario
M4V 1P5
Phone: (416) 325-4437