Policy Text:
To reduce the risk to municipal drinking water sources from the handling and storage of non-agricultural source material (NASM) where NASM is stored in an existing nutrient storage facility as defined under the Nutrient Management Act (NMA), this activity shall be managed where it is a significant drinking water threat.
This activity shall be designated for the purposes of Section 58 of the Clean Water Act and a Risk Management Plan shall be required. NMA principles (including NMA prohibitions) shall form the basis of the Risk Management Plan, provided the Risk Management Official is satisfied these principles adequately manage the activity so that it ceases to be a significant drinking water threat.
The Risk Management Plan shall not allow at or above grade temporary field nutrient storage sites as defined under the NMA.
Any Prescribed Instrument related to existing NASM Storage amended, or used as part of a notice for the purpose of a Section 61 exemption, shall manage the activity so that it ceases to be 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. This review is expected to include Prescribed Instruments that are not directly created or issued 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.