December 2003 Nutrient Management Protocol for Ontario Regulation 267/03 Made under the Nutrient Management Act, 2002

Part 6 - Nutrient Management Strategy for Non-Agricultural Generating Operations

Table of Contents

  1. Required Contents of a Nutrient Management Strategy for Non-Agricultural Nutrient Generations Operations (Part 3 of the Regulation)
  2. Renewal of a Nutrient Management Strategy

6.1 General

As stated earlier in Section 4.1.1. of this Protocol, a nutrient management strategy sets out an environmentally acceptable method for managing all prescribed materials generated at an agricultural or non-agricultural operation. Non-agricultural operations typically generate non-agricultural source material. Non-agricultural source material is defined in Part 1 of the Regulation as any of the following materials, other than a commercial fertilizer or compost that meets the guidelines entitled Interim Guidelines for the Production and Use of Aerobic Compost in Ontario prepared by the Ministry of the Environment and dated November 1991, if they are intended to be applied to land as nutrients:

  1. Pulp and paper biosolids.
  2. Sewage biosolids.
  3. Any other material that is not from an agricultural source that is capable of being applied to land as a nutrient.

All non-agricultural operations that generate non-agricultural source material (which by definition are materials which are intended to be land applied) must complete a nutrient management strategy as phased in by Part 2 of the Regulation and submit it to OMAF's Nutrient Management Branch for approval.

6.2 Required Contents of a Nutrient Management Strategy for Non-Agricultural Nutrient Generations Operations (Part 3 of the Regulation)

This Nutrient Management Strategy consists of 8 parts as shown in the Nutrient Management Strategy for Non-agricultural Operations Generating Non-agricultural Source Material Form ("Non-agricultural NMS form"), in Section 15.7, of this protocol.

Nutrient Management Strategy: Each non-agricultural operation that generates non-agricultural source material will complete and submit as part of their first Nutrient Management Strategy, NMS Form Parts I through V.

Annual Strategy: Each non-agricultural generating facility will 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 Nutrient Management Strategy.

Annual Report: Each non-agricultural operation that generates non-agricultural source materials will 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 Nutrient Management Strategy. 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 nutrient management strategy requires a facility description, including the following information:

  • the name of the facility;
  • address;
  • phone number;
  • a contact name and their working title or position for 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 Ministry of Agriculture and Food includes the date of submission of the strategy to the Ministry of Agriculture and Food, the approval date, an operation identifier (assigned under Part 3 or Part 11 of the Regulation), the name and signature of the approving OMAF 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 "BUC"). 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 which 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. On- and off-site storage facilities must list the physical address of each off-site storage facility and associated capacities.

Storage facilities for non-agricultural source materials must comply with:

  • Part VIII of the Regulation (Construction Standards) and the Construction and Siting Protocol where facilities are located off the generating site at a farm unit;
  • any requirements under Part V of the Environmental Protection Act; and
  • the standards under the Ontario Building Code.

6.2.3 Projected Five-Year Strategy for Non-Agricultural Source Material Generated

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) 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 and Ministry of Agriculture and Food publication entitled Guidelines of the Utilization of Biosolids and other Wastes on Agricultural Lands, March, 1996, sampling and testing requirements have been adjusted, based on 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 11 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 occur, resulting in the inability to follow the nutrient management strategy. 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:

  • the associated nutrient management plan numbers or certificate of approval numbers;
  • the approved area; or area to which the materials will be applied,
  • application rate;
  • total volume to be applied;
  • broker identification (including company name, certificate of approval numbers or licence numbers); and
  • Identify if a broker agreement exists.

Landfill Disposal – where the material is intended to be disposed of in a landfill:

  • the name and address of the landfill site; and
  • total volume to be disposed to landfill;

Incineration – where the material is intended to be incinerated:

  • the intended incineration volume;
  • whether the incineration is intended to be on- or off-site; and
  • the off-site address.

Processing Material – for other process method types (such as composting):

  • the total volume;
  • on and off-site information;
  • the off-site address, if applicable and
  • a description of the type of processing.

Other – for other management methods (such as a new technology):

  • a description of the method of management;
  • total volume disposed;
  • on- and off-site information; and
  • off-site address, if applicable.

6.2.7 Annual Report of Management of Material

Part VII: This part requires an annual report that documents the actual destination of materials. In section 6.2.6 above, a detailed, written description of the intended destination of non-agricultural source materials generated is required to be prepared. Using that section as a starting point, generators should prepare, on a yearly basis, a detailed, written description of the actual (not projected) destination of materials. The following details should be provided:

Land Application – where non-agricultural source materials were applied to agricultural land:

  • the associated nutrient management plan numbers or certificate of approval numbers;
  • the actual area of application;
  • application rate;
  • total volume applied;
  • broker identification, including company name, certificate of approval numbers or licence number; and
  • whether a broker agreement was signed.

Landfill Disposal – where materials were disposed of in a landfill:

  • name and address of the landfill site; and
  • total volume disposed to landfill.

Incineration – where materials were incinerated:

  • the volume incinerated,
  • whether the incineration was on- or off-site and
  • off-site address.

Processing Material (such methods as composting):

  • the total volume processed;
  • on- and off-site information;
  • off-site address; and
  • a description of the type of processing.

Other (i.e. new technologies):

  • a description of the method used;
  • total volume disposed;
  • on-site and off-site information; and
  • off-site address.

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 11 of the Regulation and 6.3 of this protocol should be summarized. For example, the annual volumes of non-agricultural source material actually generated should be totaled for a 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 or other destination). If there is a difference in volumes for any of the management methods from what the nutrient management strategy projected, an explanation must be provided. This report is to be retained at the site.

6.3 Renewal of a Nutrient Management Strategy

At least 90 days before the fifth anniversary when approval was given to a nutrient management strategy, the operator must submit a new nutrient management strategy (in other words, a "renewed" strategy) for the Director's approval: Regulation, Part 4.

Some situations require that a nutrient management strategy be renewed earlier than five years: Regulation, Part 3. These situations include:

  1. The end of a year in which there is an increase of 20 per cent or more in the quantity of nutrients generated in the course of the operation since the first year during which the strategy was in force.
  2. A change of ownership or control of the operation that adversely affects the capacity of a person who currently owns or controls the operation to implement the strategy.
  3. A change in the use (destination) of nutrients generated in the course of the operation, including a change from applying the nutrients to the land to having an intermediate operation process them.
  4. Loss of available destinations results in an excess of generated non-agricultural source material than the strategy can accommodate that effects the ability to implement the strategy.

In addition a provincial officer or Director may order that the nutrient management strategy to be updated: Nutrient Management Act, 2002 sections 29 and 30.


For more information:
Toll Free: 1-877-424-1300
E-mail: ag.info.omafra@ontario.ca
Author: OMAFRA Staff
Creation Date: 10 December 2003
Last Reviewed: 10 December 2003