Policy Text:
For storage of agricultural source material, where such storage is:
existing; or
new and located within an ICA, but outside of a WHPA-A or B with a vulnerability score of 10,
and, where this activity is, or would be, a significant drinking water threat, it shall be designated for the purpose of Section 58 of the Clean Water Act and a Risk Management Plan shall be required to manage the activity so that it ceases to be, or never becomes, a significant drinking water threat. The requirements of the Risk Management Plan will generally be based on the requirements of a Nutrient Management Plan and/or Strategy under the Nutrient Management Act, but may also include any modifications or additional requirements deemed necessary or appropriate by the Risk Management Official, particularly where such activity is located within an ICA.
Any Prescribed Instrument issued under the Nutrient Management Act that is created, amended or used for the purposes of obtaining an exemption from a risk management plan under section 61 of O. Reg. 287/07, shall incorporate terms and conditions that, when implemented, manage the activities they regulate such that those activities cease to be, or never become, a significant drinking water threat. OMAFRA is expected to review all Prescribed Instruments issued under the Nutrient Management Act in areas where the activities they regulate are, or would be, significant drinking water threats to ensure the Prescribed Instruments contain such terms and conditions, including the Prescribed Instruments that are not directly created or is sued by OMAFRA, such as Nutrient Management Plans.
Further, OMAFRA and other Prescribed Instrument creators/issuers are expected to consult with the Risk Management Official with respect to any modifications or requirements that may need to be incorporated into the Prescribed Instruments under the Nutrient Management Act to ensure the activities they regulate cease to be or never become significant drinking water threats. However, nothing in this policy grants the Risk Management Official authority to specify requirements for a prescribed instrument issued under the Nutrient Management Act, or where a person is seeking an exemption from a risk management plan under section 61 of O.Reg 287/07.