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Policy Id:

SPR/SPA:

Risk:

W2storageNASM-1 (Prescribed Instrument)

Essex

Significant

Implementing Body

Legal Effect

Policy Tool

Threat Type

Status

Comment

MECP – WDS – Hauled Sewage, Biosolids

Conform with

Prescribed Instruments

Future

Implemented

The application and storage of non-agricultural source materials (NASM) is regulated by the Nutrient Management Act. NASM Plans requiring approval are reviewed by the Ontario Ministry of Agriculture, Food and Rural Affairs, not by the Ministry of Environment, Conservation and Parks. Since May 2015, the ministry screens all (including new and existing) hauled sewage, processed organic waste, and biosolids disposal site Environmental Compliance Approval applications in accordance with Source Water Protection Plans. This includes consideration of whether the proposed activity would be a drinking water threat as outlined in the relevant Source Water Protection Plan under the Clean Water Act. The ministry will not issue an Environmental Compliance Approval for a site deemed as a significant drinking water threat. For sites deemed as a low or moderate drinking water threat, the ministry will consider the application, but additional site restrictions may apply. The ministry’s review and approval process is included in the Standard Operating Procedure that can be found in Environmental Registry No. 012-2968 (https://ero.ontario.ca/archive/012-2968).

MECP – WDS – Hauled Sewage, Biosolids

Conform with

Prescribed Instruments

Existing

Implemented

The application and storage of non-agricultural source materials (NASM) is regulated by the Nutrient Management Act. NASM Plans requiring approval are reviewed by the Ontario Ministry of Agriculture, Food and Rural Affairs, not by the Ministry of Environment, Conservation and Parks. Since May 2015, the ministry screens all (including new and existing) hauled sewage, processed organic waste, and biosolids disposal site Environmental Compliance Approval applications in accordance with Source Water Protection Plans. This includes consideration of whether the proposed activity would be a drinking water threat as outlined in the relevant Source Water Protection Plan under the Clean Water Act. The ministry will not issue an Environmental Compliance Approval for a site deemed as a significant drinking water threat. For sites deemed as a low or moderate drinking water threat, the ministry will consider the application, but additional site restrictions may apply. The ministry’s review and approval process is included in the Standard Operating Procedure that can be found in Environmental Registry No. 012-2968 (https://ero.ontario.ca/archive/012-2968).

Policy Text:

NOTE: There are no agricultural lands in Essex – this policy intended to cover off-farm application and/or storage of NASM as processed organic waste (i.e. biosolids).

In reviewing Environmental Compliance Approvals (Certificates of Approval) applications under the Environmental Protection Act for the application of non-agricultural source material (NASM) in the Windsor IPZ-2, the Ministry of Environment shall ensure that the terms and conditions in the Environmental Compliance Approvals (Certificates of Approval) adequately protect the sources of drinking water.

The Source Protection Committee recommends that the terms and conditions in the Environmental Compliance Approvals (Certificates of Approval) include design and construction requirements, setbacks to watercourses, spills/runoff management and other measures necessary to manage the significant threat activity in order to protect sources of drinking water.

The above applies to the existing and future significant threat of the storage of Non Agricultural Source Material (NASM), in the vulnerable areas mentioned above.

The date of compliance for future threats is when the Source Protection Plan takes effect.

For existing threats, the Ministry of the Environment shall comply with the policy within 5 years from the date the plan takes effect, or such other date as the Director determines based on a prioritized review of Environmental Compliance Approvals that govern significant drinking water threat activities.

Monitoring Text:

W2storageNASM-2 (Monitoring Policy):
The MOE shall prepare and submit a report to the Source Protection Authority which summarizes the actions taken to comply with policy W2storageNASM-1 (Prescribed Instrument). The above applies to the existing and future significant threat of the storage of Non Agricultural Source Material (NASM) in the vulnerable area: Windsor IPZ-2. The date of compliance is by February 1 of each year.