Questions and Answers - NASM

Q1: Why are you making changes?

A. Non-agricultural source materials contain valuable nutrients, which are beneficial to crop growth.

The Nutrient Management Act, 2002 and the Nutrient Management Regulation were developed to ensure that all nutrients are managed in an environmentally responsible manner.

The act and the regulation considered the Walkerton Inquiry recommendations and as a result, nutrient management became part of Ontario's comprehensive, science-based approach to protecting drinking water.

Currently the agricultural use of non-agricultural source materials is managed through two regulations under two acts. The result is a duplicate approval process for those generating the material and for the farmers receiving it.

It's this duplicative process we are now ending. We are removing the requirement that generators have a nutrient management strategy as their operations are covered in their Certificate of Approval.

The standards for application to farmers' fields, which previously were set out in the Certificate of Approval, will now be contained in regulation and NASM plan when required.

By placing the standards for land application in a regulation, we have established consistent requirements based on the quality of the material, and that will help protect the environment, human health and agricultural land.

Q2: What do the regulations do?

A. They set out standards for application of NASM, including set back distances (e.g. from surface water, groundwater and residences), odour requirements and land application requirements based on material quality.

By establishing the standards in regulation we are able to eliminate the existing duplicative approval requirements that exist under the Environmental Protection Act and the Nutrient Management Act, 2002.

The rules would now apply to all fields where material will be applied, not just to livestock farms.

We are now managing NASM as a nutrient and have strengthened standards and requirements for land application of this material, making the rules clear and easy to follow.

This will keep these materials out of landfills, thereby extending the lives of landfills and helping with our waste diversion efforts.

Q3: When do the requirements take effect?

A. The requirements take effect in a two stage process:

• Stage 1 consists of general amendments that need to occur upon filing of the regulation to allow Stage 2 requirements (e.g. NASM plans, removal of nutrient management strategy requirements for off-farm generators) to be described and understood before they take effect.

• Stage 2 requirements will apply on January 1, 2011.

Q4: When will the training and certification be available?

A. OMAFRA currently offers certification and training for the Non-Agricultural Source Materials (NASM) Plan Development Certificate. More information can be found at www.ontario.ca/nasm-omafra.

Q5: Doesn't this lessen environmental protection?

A. No, in fact it enhances it.

Standards that are currently in the Certificate of Approval would be moved into regulations. As we do this, we are not reducing environmental protection, we are increasing it.

The regulations build on and enhance existing requirements and establish consistent standards and requirements across the province by putting them into a regulation and focusing on the quality of the material being applied and ensuring it meets strict criteria and is beneficial to the soil.

The rules would now apply to all fields where material will be applied, not just to livestock farms.

The standards and requirements are enforceable under the Nutrient Management Act, 2002, and if an adverse effect occurs, the Environmental Protection Act and the Ontario Water Resources Act will also apply.

MOE will continue to enforce compliance under both Acts.

Q6: How have you made certain the new requirements protect the environment?

A. The new requirements build on and enhance existing requirements and establish consistent standards across the province. We're focused on the quality of the material being applied and ensuring it meets strict criteria and is beneficial to the soil.

The quality of the material also determines the need for a NASM plan. Certain materials will require a NASM plan to be in place. An OMAFRA-approved NASM plan is required for materials like sewage biosolids. All plans must be prepared by a certified person.

The preparation of the NASM plan takes into account maximum application rates and sampling and analysis results, to determine an application rate that is both agronomically sound, and protective of the environment and human health.

In addition, the OMAFRA Director would have the ability to require an individual to submit a NASM plan for approval, even if the material does not normally need an approval, if there are grounds to believe that the management of the material may cause an adverse effect.

Q7: You have eliminated the oversight created under the certificate of approval program. How is this more protective of the environment?

A. There's no significant change. NASM materials must meet certain criteria. If they do so, Certificates of Approval for land application will no longer be required.

Materials like sewage biosolids that have higher metal or pathogen concentrations, which are still within the acceptable levels, will require a NASM plan approval and land application must meet the requirements under the Nutrient Management Act.

When materials exceed maximum pathogen and metal levels or if they do not meet the criteria to be considered a nutrient they will continue to require the generator to submit an application for a Certificate of Approval.

Q8: Why are there different setbacks for municipal and private wells?

A. The amount of water being drawn from a municipal well is likely greater than that drawn from a private well; therefore, the "cone of influence" in which a private well draws from is much smaller. The setback is consistent with other provincial regulations such as the Ontario Building Code.

Q9: Why are you removing certificates of approval for the land application of biosolids?

A. Under this proposal, Certificates of Approval continue to remain a requirement for generators, haulers and for those materials that do not meet the minimum standards of the proposed regulation.

Instead of a Certificate of Approval, land application of sewage biosolids will require an approved plan detailing land application and storage requirements based on the regulatory standards. All plans must be prepared by a certified person. The NASM plan will ensure that the land application and the material quality meet the requirements of the regulation, normally found in the CofA.

Q10: How are the responsibilities for regulating NASM split between the MOE and OMAFRA?

A. OMAFRA is responsible for the administration of the regulation which includes approvals of nutrient management plans based on standards described in regulation, as well as training requirements.

OMAFRA will also be responsible for approval of the NASM plans. The OMAFRA Director will consult with MOE and other agencies where required when approving NASM plans.

Proactive inspections will be conducted by MOE to ensure NASM is managed in accordance with requirements under the Nutrient Management Act, 2002.

MOE will respond to pollution incident reports, which may be complaints from the public and/or notification of spills.

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Learn More

Non-Agricultural Source Material (NASM) - information on new regulatory requirements.

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