All non-agricultural operations that generate non-agricultural
source material (which by definition are materials which are intended
to be land applied) must ensure that prescribed materials generated
in the course of the operation are managed in accordance with
an approved NMS once the operation is phased in by Part II of
6.2 Required Contents of a Nutrient Management
Strategy for Non-Agricultural Nutrient Generating Operations (Part
III of the Regulation)
This NMS consists of 8 parts as shown in the NMS for Non-Agricultural
Operations Generating Non-agricultural Source Material Form ("Non-agricultural
This form is available at the Government of Ontario Central Forms
site on the web.
NMS: Each non-agricultural operation that generates non-agricultural
source material must complete and submit as part of their first
NMS, Non-agricultural NMS form Parts I through V.
Annual Strategy: Each non-agricultural generating facility
must complete Non-agricultural NMS Form Part VI - Planned Destination
of Material. This is an annual strategy of projected activities
for the year to come. Year One will be submitted with completed
Parts I through V when the Non-agricultural NMS is submitted to
the Director for approval. Years Two through Five will be completed
and retained on site with the NMS.
Annual Report: Each non-agricultural operation that generates
non-agricultural source materials must complete Non-agricultural
NMS Form Part VII - Annual Report of Management of Materials,
and Part VIII, Report on Five-Year Strategy for Material Generated,
within 60 days of each year end and retain them on site with the
NMS. These reports include the actual annual activities that were
carried out, reported at year end.
6.2.1 Facility Description and Approval Information
Part I: This initial part of the NMS requires a facility
description, including the following information:
- the name of the facility
- the name of the owner
- phone number
- a contact name and their working title or position with the
operation (the person responsible for the strategy)
- the annual volume of material generated by the operation
- a description of operations carried out on site.
In addition, an authorized officer of the operation must certify
by signing their name to the NMS that, based on relevant information
provided in good faith and excluding unforeseen or uncontrollable
circumstances, the recommendations contained in the strategy are
compliant with the Nutrient Management Act, 2002.
The approval information to be completed by the OMAFRA includes
the date of submission of the strategy to the OMAFRA, the approval
date, an operation identifier (assigned under Part III or Part
XI of the Regulation), the name and signature of the approving
OMAFRA Director, the approval date, terms and conditions of the
approval, and the expiry date for the strategy.
6.2.2 Material Description and Storage Information
Part II: This part requires a listing of the types of
non-agricultural source material and all other material generated
by the operation. The type, for example, could include sewage
biosolids, pulp and paper biosolids or other type of material
that is not from an agricultural source that is capable of being
applied to land as a nutrient (this category includes materials
such as materials recommended for land application by the Biosolids
Utilization Committee). This list would include all materials
regardless of whether they were intended to be applied to land.
The description of each material must be included and must set
out whether the material is a liquid or solid as defined in Part
1 of the Regulation.
The projected average annual volume must be estimated and recorded
for the period of the strategy.
Information on storage of all non-agricultural source materials
generated at the facility must be provided. The physical address
of each off-site storage facility and the facility's associated
capacities must be provided.
Nothing in this section abrogates responsibility for the storage
facilities for non-agricultural source materials from complying
with all applicable laws including:
- part VIII of the Regulation (Construction Standards)
- any requirements under Part V of the Environmental Protection
- the TSSA and
- the standards under the Ontario Building Code.
6.2.3 Projected Five-Year Strategy for Non-Agricultural Source
Part III: This part requires a five-year volume projection
for the various destinations of all the material generated by
the operation. Destinations include land application, landfill
disposal, incineration, processing (such as composting and AD)
or other potential destinations. If there is a projected change
in volume for any of the management methods, there must be a description
detailing the reasons for that projection.
6.2.4 Nutrient Analysis of Material
Part IV: This part requires a strategy for the analysis
of non-agricultural source materials generated for land application.
Generators must provide information about the content and quality
of their non-agricultural source material. Part IX of the Regulation
requires laboratory analyses of certain parameters such as nitrogen,
phosphorus and potassium, as well as regulated metals and pathogens.
Although the standards requirements for biosolids in the Regulation
are similar to those in the joint Ministry of the Environment
("MOE") and OMAFRA publication entitled Guidelines for the
Utilization of Biosolids and other Wastes on Agricultural Lands,
March, 1996, sampling and testing requirements have been adjusted
based on the size and capacity of the facility and the amount
of material generated (see Part IX of the Regulation).
Additional parameters are presently under review and may be added
to the Regulation. Sampling standards must comply with Part IX
of the Regulation and the Sampling and Analysis Protocol. Results
must be retained at the location of the operation or at a location
that is accessible to the operator on a 24 hour a day basis in
accordance with Part XI of the Regulation.
6.2.5 Contingency Plans
Part V: This part requires a written contingency plan
to describe actions that will be taken in the event that unforeseen
circumstances which result in the inability to follow the NMS
occur. The contingency plan should include alternative action
to be taken in the event of a storage irregularity and provide
for alternate disposal of the non-agricultural source material.
In the event of a spill, all non-agricultural facilities must
follow a spills contingency plan as well as Regulation 347 and
Part IX of the EPA. See Part 11 of this Protocol for more information
on contingency planning.
6.2.6 Planned Destination of Material
Part VI: This part is an annual strategy of activities
that documents the proposed destination of materials. For all
materials generated at the operation, a detailed, written description
of their intended destination is required. In this part, the following
information about the destination is required:
Land Application - non-agricultural source material intended
to be applied to agricultural land:
6.2.8 Report on Five-Year Strategy for Non-Agricultural Source
Material Actually Generated
Part VIII: This part requires that the information that
has been prepared annually under Part XI of the Regulation and
Part 6.3 of this Protocol to be summarized. For example, the annual
volumes of non-agricultural source material actually generated
must be totaled to identify the five-year volume of material actually
generated and applied.
In addition, there should be a summary of the various methods
actually used to manage the material (land application, landfill
disposal, incineration, processing such as composting, AD or other
destination). If there is a difference in volumes for any of the
management methods from what the NMS projected, an explanation
must be provided. This report is to be retained at the site.
6.3 Renewal of a Nutrient Management Strategy
Renewal of the NMS must occur in accordance with Parts III and
IV of the Regulation.