Waste Discharge Regulation 2007
B.C. Reg. 40/2021
British Columbia — Consolidated Statutes
246/2007
M176/2007
July 4, 2007
September 30, 2007,
section 2; remainder effective June 30,
Environmental Management Act
Code of Practice for the Slaughter and Poultry Processing
Industries
[Last amended February 16, 2021 by B.C. Reg. 40/2021]
246_2007_pit
Definitions
Definitions
In this regulation:
200-year flood plain means land where the chance of a flood occurring in any given year is at least one in two hundred;
Act means the Environmental Management Act ;
agricultural operation has the same meaning as in the Code of Practice for Agricultural Environmental Management;
agronomically sound rate , relative to nutrient application, means a rate of application that does not exceed crop nutrient requirements and avoids application of nutrients in a manner that penetrates into the groundwater or below the area where the nutrients are used by the crop;
average precipitation , for an area, means the most recently available average monthly precipitation figures published for the area by Environment Canada;
category A facility means a facility that
discharges less than 5 cubic metres of wastewater per day, and
is either
an establishment where slaughter-industry processes are carried out, producing less than 60 tonnes live weight killed red meat per year, or
an establishment where poultry-processing industry processes are carried out, producing less than 40 tonnes live weight killed poultry per year;
category B facility means a facility that
discharges 5 or more cubic metres of wastewater per day, or
is either
an establishment where slaughter-industry processes are carried out, producing 60 tonnes or more live weight killed red meat per year, or
an establishment where poultry-processing industry processes are carried out, producing 40 tonnes or more live weight killed poultry per year;
compost product means composted solid waste or semi-solid
waste;
composting means the controlled biological oxidation and
decomposition of organic matter in accordance with the time and temperature requirements
specified in Division 3 of
Part 4;
domestic sewage has the same meaning as in the Sewerage System
Regulation, B.C. Reg. 326/2004;
farmer means a person who operates a farm on land classified as a
farm under the Assessment Act ;
foreign matter means a contaminant that is not readily decomposed
during the composting process and includes demolition waste, metal, glass, plastic,
rubber and leather, but does not include silt, sand or rocks, stones or gravel less than
2.5 centimetres in diameter, or other similar mineral materials naturally found in
soil;
incinerator means an incinerator used to dispose of solid waste,
semi-solid waste or compost product;
land application means the application to land of compost
product;
landfill means a landfill, burial site or trench for the final
disposal of solid waste, semi-solid waste or compost product, and does not include a
landfill for the discharge of any waste that contains or is mixed with domestic or
municipal refuse;
leachate means
effluent originating from solid waste or semi-solid waste being received,
processed, composted, cured or stored on a farm,
effluent originating from compost product being received, processed, stored or
applied to land on a farm, or
precipitation, storm water, equipment wash water or other water which has come
into contact with, or mixed with, solid waste, semi-solid waste or compost product
being received, processed, composted, cured or stored;
low-permeability soil means soil with hydraulic conductivity of 1 x
10 -6 cm/s;
poultry processing industry has the same meaning as in
Schedule 2 to
the Waste Discharge Regulation;
processing waste means wastewater, solid waste and semi-solid
waste;
proponent means a person who intends to land apply compost product
and provides notification under
section 28 or a notification of change under
section 29;
qualified professional , in relation to a duty or function under this
code, means an individual who
is registered in British Columbia with a professional organization, is acting
under that organization's code of ethics, and is subject to disciplinary action by
that organization, and
through suitable education, experience, accreditation and knowledge, may reasonably be relied on to provide advice within the individual's area of expertise, which area of expertise is applicable to the duty or function;
semi-solid waste means blood, fat, oil and grease that is separated
from processing water;
slaughter industry has the same meaning as in
Schedule 2 to the Waste
Discharge Regulation;
solid waste includes feathers, hides, bones, carcasses, manure and
other non-liquid wastes produced by the slaughter industry or the poultry processing
industry;
specified risk material means
the skull, brain, trigeminal ganglia, eyes, tonsils, spinal cord and dorsal
root ganglia of cattle aged 30 months or older, and
the distal ileum of cattle;
vector means an organism that is capable of transmitting a pathogen
from one facility, waste source, product or organism to another facility, waste source,
product or organism;
Waste Discharge Regulation means the Waste Discharge Regulation, B.C.
Reg. 320/2004;
wastewater means processing water which may contain blood, fat, oil,
grease, industrial cleaners and other liquid wastes produced by the slaughter industry
or the poultry processing industry;
watercourse means a place that perennially or intermittently contains
surface water, including
a lake, river, creek, canal, spring, ravine, swamp, saltwater marsh or bog,
and
a drainage ditch leading into anything referred to in paragraph (a).
[am. B.C. Regs. 406/2007, s. 1; 381/2010, s. 1; 8/2019, s. (a) (iii); 40/2021, s. 2.]
General
Registration information
Subject to subsection (2), a person must register under
section 4 of the Waste
Discharge Regulation for the purposes of an exemption under that
section in relation to
this code, and must include, with the other information required under
section 4 (2) of
that regulation, the following information:
the annual production, in tonnes of live weight killed per calendar year, of
red meat and of poultry products by the person's facility;
the maximum amount of wastewater discharged from the person's facility, in
cubic metres per day;
Repealed. [B.C. Reg. 406/2007, s. 2.]
a list of the following information or plans that have been completed as
required under this code:
a nutrient management plan under
section 8 (3) or 26;
a groundwater monitoring and assessment plan under
section 10 (2) (d);
iii
a vector control plan under
section 12;
a landfill closure plan under
section 14 (2) (b).
A person engaged in the slaughter industry or the poultry processing industry is
not required to register under
section 4 of the Waste Discharge Regulation for the
purposes of an exemption under that
section in relation to this code if
the products the person produces from either of those industries are for the
person's personal use and not for sale, or
the person
carries out an agricultural operation, and
produces
less than 5 tonnes of live weight killed red meat per year if engaged in
the slaughter industry, or
less than 1.5 tonnes of live weight killed poultry per year if engaged in
the poultry processing industry.
[am. B.C. Regs. 406/2007, s. 2; 381/2010, s. 2.]
Records and plans
Records required to be kept under this code and plans referred to in
section 2 (1) (
d) must be
retained for at least 10 years, and
made available for inspection by an officer within 2 days of a request by the
officer to inspect those records.
Exception
A person engaged in the slaughter industry or the poultry processing industry is
not required to comply with
Part 3 or 4 if
the products the person produces from either of those industries are for the
person's personal use and not for sale, or
the person
carries out an agricultural operation, and
produces
less than 5 tonnes of live weight killed red meat per year if engaged in the
slaughter industry, or
less than 1.5 tonnes of live weight killed poultry per year if engaged in
the poultry processing industry.
[en. B.C. Reg. 381/2010, s. 3.]
Discharge of Wastewater
Discharge by category A facilities
A person operating a category A facility
must not discharge wastewater directly into groundwater or into a
watercourse,
must take measures to control fugitive dust and odour caused by the operation of
the category A facility, and
must keep records of the following information:
the amount of wastewater discharged, in cubic metres per day, from the
category A facility for any period during which there is a discharge;
production volumes of red meat or poultry, in tonnes of live weight killed per
year.
Discharge by category B facilities
A person operating a category B facility
must comply with
section 5, and
must ensure that a discharge of wastewater from the category B facility is
carried out in accordance with either
section 7 or 8, as applicable.
Subsurface discharge of wastewater
Wastewater discharged into the subsurface of the ground from a category B
facility must not surface and must not cause the groundwater table to be raised to the
surface.
A person discharging wastewater under subsection (1) must conduct
inspections of the discharge site to ensure compliance with that subsection.
The subsurface wastewater disposal system of a category B facility that
discharges wastewater into the subsurface of the ground for the first time after
September 30, 2007, must be designed by a qualified professional and installed according
to that design.
A category B facility that has discharged wastewater contrary to subsection
(1) may resume discharging wastewater into the subsurface of the ground
only if
the discharge is carried out in accordance with a revised or new design
remedying the subsurface wastewater disposal system, and
the design is prepared by a qualified professional.
A person operating either a category A facility or a category B facility may
discharge wastewater containing domestic sewage into the subsurface of the ground
the domestic sewage source is from the facility,
the discharge complies with subsection (1),
the person complies with subsection (2), and
the subsurface wastewater disposal system is designed by a qualified
professional and installed according to that design.
A category A facility or a category B facility that has discharged wastewater
containing domestic sewage contrary to subsection (1) may resume
discharging wastewater containing domestic sewage into the subsurface of the ground only
the discharge is carried out in accordance with a revised or new design
remedying the subsurface wastewater disposal system, and
the design is prepared by a qualified professional.
[am. B.C. Regs. 406/2007, s. 3; 381/2010, s. 4.]
Wastewater irrigation
Wastewater must not be discharged on ground with agricultural crops intended for
human consumption.
Except for wastewater discharged by a farmer under subsection (5), wastewater
discharged from a category B facility onto the surface of the ground to irrigate that
ground must meet all of the following conditions:
it must not contain more than 10 mg per litre of fat, oil or
grease;
it must not exceed a carbonaceous biochemical oxygen demand concentration of
45 mg per litre;
it must not contain more than 60 mg per litre of total suspended
solids;
it must not contain more than total coliform organisms of 1 000 per 100 ml of
wastewater and total fecal organisms of 200 per 100 ml of wastewater.
A person intending to discharge wastewater from a category B facility under subsection (2) must ensure that
a qualified professional designs a nutrient management plan for the beneficial
use of treated wastewater for irrigation, and
the nutrient management plan referred to in paragraph (
a) is carried out as designed.
A plan referred to in subsection (3) (
a) must include
a description of the public access to and use of the ground, and
an analysis of the effect on the ground of the wastewater discharged on it
from the category B facility.
Wastewater discharged by a farmer onto the surface of the farmland to irrigate
that land
must be discharged at an agronomically sound rate, and
must not exceed 100 cubic metres annually.
A person operating either a category A facility or a category B facility may
discharge wastewater containing domestic sewage onto the surface of the ground
the domestic sewage source is from the facility,
the discharge complies with subsections (1) and (2),
and
the person complies with subsection (3) and (4).
[am. B.C. Reg. 406/2007, s. 4.]
Sampling and analysis
To ensure compliance with
section 8 (2), a person discharging wastewater from a
category B facility under that
section must ensure that sampling and analysis of the
wastewater are carried out
before the wastewater is discharged, and
every two weeks during the period when the wastewater is being
discharged.
The sampling and analysis required under subsection (1) must be carried
out
in accordance with the requirements of the latest version of the Field
Sampling Manual issued by the ministry, and
by a laboratory registered with the Canadian Association for Environmental
Analytical Laboratories.
A person referred to in subsection (1) must keep records of the results of the
sampling and analysis carried out under this section.
Discharge and Disposal of Solid Waste and Semi-Solid Waste
0.1
General Application
Discharge or disposal of solid waste or semi-solid
waste
9.1
A person engaged in the slaughter industry or poultry processing industry and
registered under
section 4 of the Waste Discharge Regulation who introduces solid waste
or semi-solid waste into the environment must discharge or dispose of the solid waste or
semi-solid waste by
disposing of the solid waste or semi-solid waste in a landfill in accordance
with Division 1 of this Part,
incinerating the solid waste or semi-solid waste in accordance with Division 2
of this Part, or
composting the solid waste or semi-solid waste in accordance with Division 3
of this Part and doing one of the following:
disposing of the compost product in a landfill in accordance with Division 1 of this Part;
incinerating the compost product in accordance with Division 2 of this Part;
iii
applying the compost product to land in accordance with Division 3 of this Part.
[en. B.C. Reg. 381/2010, s. 6.]
Landfills
Landfill site
Subject to subsection (3), a landfill
must not be more than 2 m wide,
must be located
on a site that has a slope of less than 0.5%,
at least 1 m below ground level,
iii
within a property so that there is at least 50 m between the property line
and the boundary of the landfill, and
so that there is at least 4 m between the seasonal high water table
beneath the landfill and the bottom of the landfill, and
must not be located within
100 m of the nearest surface water,
the 200-year flood plain,
iii
100 m of unstable or potentially unstable terrain,
30 m of another landfill, either closed or currently in use, or
300 m of a residence, hotel, restaurant, school, church, public park,
water supply well, or water supply intake.
A person proposing to establish a landfill
for the disposal of more than 5 000 kg/ha/year of solid waste, semi-solid
waste, compost product or any combination of solid waste, semi-solid waste or
compost product,
in an area in the Province for which the sum of the average precipitation
for a year exceeds 600 mm, or
that will not meet a requirement set out in subsection (1),
must ensure that
a qualified professional evaluates the landfill and designs a groundwater
monitoring and assessment plan, and
Repealed. [B.C. Reg. 406/2007, s. 5.]
the person complies with the plan referred to in paragraph
(d).
A landfill established under subsection (2) in compliance
with a plan referred to in paragraph (
d) of that subsection is not subject to the
requirements of subsection (1).
[am. B.C. Regs. 406/2007, s. 5; 381/2010, s. 7.]
Landfill use
Solid waste, semi-solid waste or compost product disposed of at a landfill
must immediately after the disposal be covered with
at least 0.15 m of low-permeability soil, and
an impermeable cover to prevent precipitation from entering the
landfill.
A person operating a landfill must take measures to control fugitive dust and
odour caused by the operation of the landfill.
[am. B.C. Reg. 381/2010, s. 8.]
Vector control plan
A person intending to begin operating a landfill must complete and retain a plan
setting out how the person intends to control vectors at the landfill.
[am. B.C. Reg. 406/2007, s. 6.]
Records of use
A person operating a landfill must keep records containing all of the following
information:
the date of disposal of solid waste, semi-solid waste or compost product made
at the landfill;
the location of the landfill;
the type and quantity, by mass, of solid waste, semi-solid waste or compost
product disposed of at the land fill.
[am. B.C. Reg. 381/2010, s. 9.]
Landfill closure
A landfill must be closed by covering the landfill with at least 1 m of
low-permeability soil that extends
at least 0.3 m above ground level, and
at least 0.5 m beyond the landfill site.
At least 3 months before the closure of a landfill referred to in
section 10 (2)
(a), the person operating the landfill must
notify the director of the intended closure,
complete and retain a landfill closure plan, prepared by a qualified
professional, for the closure of the landfill, and
comply with the plan referred to in paragraph (b), or, if the plan is
amended under subsection (3), with the plan as
amended.
The director may amend a plan referred to in subsection (2) (b).
A person must not deposit solid waste, semi-solid waste or compost product at
a landfill that has been closed.
[am. B.C. Regs. 406/2007, s. 7; 381/2010, s. 10.]
Incineration
Incinerator sites
An incinerator must not be located
within 500 metres of a residence other than a residence of the person
operating the facility, and
within 1 000 metres of an existing
other business,
school,
iii
hospital, or
continuing care facility.
Operation of incinerators
An incinerator, including all equipment that is an integral part of an
incinerator or is used to operate an incinerator, must be installed, operated and
maintained in accordance with the manufacturer's specifications and recommended
procedures.
A person operating an incinerator must take measures to control fugitive dust
and odour caused by the operation of the incinerator.
Loading rates
The maximum loading rates for an incinerator are as follows:
for a continuous feed incinerator, 400 kg/hour;
for a batch feed incinerator, 400 kg/load.
Emission limits
An incinerator must not exceed the following emission limits:
total particulate matter of not more than 50 mg/m 3 at
reference conditions of dry gas at 25 C and 101.3 kPa, corrected to 11%
O 2 ;
total opacity of not more than 10% averaged over 6 consecutive
minutes.
Stack monitoring and record keeping
Subject to subsection (2), a person operating an incinerator
must conduct stack monitoring
on the first day of operation, and
no later than one year after the day that stack monitoring was last
conducted.
Stack monitoring must be conducted in accordance with the Stationary Air
Emissions Testing
section in the latest version of the Field Sampling Manual issued by
the ministry.
The director may require testing in addition to the stack monitoring required
under subsection (1) if the director considers this necessary or advisable in
the circumstances.
A person operating an incinerator must keep records
of the results of the stack monitoring analysis conducted under this
section, and
of the quantities of solid waste, semi-solid waste or compost product
disposed of by the incinerator.
[am. B.C. Reg. 381/2010, s. 11.]
Composting
Storage requirements of solid waste and semi-solid waste before
composting
A person who stores solid waste or semi-solid waste before composting the
solid waste or semi-solid waste must do all of the following:
store the solid waste or semi-solid waste in a covered container;
locate the solid waste or semi-solid waste
at least 15 metres from any watercourse,
at least 30 metres from any source of water for domestic purposes,
and
iii
on an impermeable surface that is capable of withstanding wear and tear
from normal operations and that will prevent the release of leachate into the
environment;
take measures to
prevent the attraction of and access by wildlife,
control odour caused by the storage,
iii
prevent the attraction of vectors, and
prevent the escape of solid waste, semi-solid waste or
leachate.
A person storing solid waste or semi-solid waste must construct berms or other
works around the storage area if necessary to prevent the escape of solid waste,
semi-solid waste or leachate.
[en. B.C. Reg. 381/2010, s. 12.]
Amount and type of solid waste and semi-solid waste that may be
composted
A person may compost solid waste or semi-solid waste under this Division
the quantity of the solid waste and semi-solid waste does not
exceed
30 tonnes per year of solid waste and semi-solid waste from red
meat,
30 tonnes per year of solid waste and semi-solid waste from a combination of
red meat and poultry processing, or
iii
10.5 tonnes per year of solid waste and semi-solid waste from poultry
processing, and
in the case of compost product being land applied, the solid waste or
semi-solid waste is generated
in a facility located on a farm that is the same farm where the solid waste
or semi-solid waste is composted and land applied,
from the slaughter of red-meat animals raised on a farm that is the same
farm where the solid waste or semi-solid waste is composted and land applied,
iii
from the processing of poultry raised on a farm that is the same farm where
the solid waste or semi-solid waste is composted and land applied.
[en. B.C. Reg. 381/2010, s. 12.]
Composting requirements
A person who composts solid waste or semi-solid waste must do all of the
following:
locate the solid waste or semi-solid waste being composted
at least 15 metres from any watercourse,
at least 30 metres from any source of water for domestic purposes,
and
iii
on an impermeable surface that is capable of withstanding wear and tear
from normal operations and that will prevent the release of leachate into the
environment;
cover the solid waste or semi-solid waste being composted from October 1 to
April 1 inclusive in the following areas:
the Fraser Valley Regional District;
the Greater Vancouver Regional District;
iii
Vancouver Island;
any area of the Province for which the sum of the average precipitation
for the months of October to April inclusive exceeds 600 mm;
take measures to
prevent the attraction of and access by wildlife,
control fugitive dust and odour caused by the storage,
iii
prevent the attraction of vectors, and
prevent the escape of solid waste, semi-solid waste or
leachate.
A person composting solid waste or semi-solid waste must construct berms or
other works around the composting area if necessary to prevent the escape of solid
waste, semi-solid waste or leachate.
[en. B.C. Reg. 381/2010, s. 12.]
Time and temperature requirements
When composting solid waste or semi-solid waste, a person must ensure the
following:
the temperature of the compost must be raised to 40 C or higher
and maintained for 5 days;
the temperature of the compost must exceed 55 C for 4 hours
during the 5-day period;
after completing the composting process stages described in paragraphs
(
a) and (b), the compost must be retained in curing piles
for at least 21 days during which time
the curing piles must be formed in a location where the ambient
temperature remains in the range of 5 to 30 C,
and
the compost must not re-heat on standing to greater than 20 C
above ambient temperature.
A person composting solid waste or semi-solid waste must keep
a daily record of temperature and retention time during the composting
process described in subsection (1), and
a record of the number of tonnes of the following types of waste that are
composted each year:
solid waste or semi-solid waste from red meat;
solid waste or semi-solid waste from poultry processing.
The temperatures for the daily record required under subsection
(2) must be measured at the same time every day during the composting
process.
[en. B.C. Reg. 381/2010, s. 12.]
Storage requirements for compost product
In this section, covered storage facility means a covered
structure that contains compost product before it is land applied, located on an
impermeable surface that is capable of withstanding wear and tear from normal
operations and that will prevent the release of leachate into the environment, but
does not include a reservoir, lagoon, gutter, vehicle or any mobile equipment used for
the transportation of solid waste, semi-solid waste or compost product.
A person who stores compost product before land applying the compost product
must store the compost product in a covered storage facility or on a field in
accordance with this section.
A person storing compost product must take measures to
prevent the attraction of and access by wildlife,
control fugitive dust and odour caused by the storage,
prevent the attraction of vectors, and
prevent the escape of solid waste, semi-solid waste or leachate.
A person storing compost product must construct berms or other works around
the storage area if necessary to prevent the escape of compost product or
leachate.
A person who stores compost product on a field must cover the compost product
from October 1 to April 1 inclusive in the following areas:
the Fraser Valley Regional District;
the Greater Vancouver Regional District;
Vancouver Island;
any area of the Province for which the sum of the average precipitation for
the months of October to April inclusive exceeds 600 mm.
Compost product may be stored on a field for
up to 2 weeks if the compost product is located at least 15 metres from any
watercourse and at least 30 metres from any source of water used for domestic
purposes, and
up to 9 months if the compost product is located at least 30 metres from any
watercourse or source of water used for domestic purposes.
[en. B.C. Reg. 381/2010, s. 12.]
Land application — soil testing
In this section, soil test means testing the soil of the
land to which compost product is applied for, at a minimum, the information described
section 26 (2) (
c) and (d).
Before the land application of compost product,
the registered owner, or
if the registered owner is not the person land applying the compost product,
the person who is land applying the compost product
must ensure that a soil test is carried out on the land to which compost
product will be land applied.
If the area of land to which compost product is applied is greater than 10
hectares, the land must be subdivided into areas of land of 10 hectares or less and
the soil testing under subsection (2) must be carried out on each area of
land.
Subject to subsection (5), the registered owner or, if the
registered owner is not the person who land applied the compost product, the person
who land applied the compost product must ensure that a soil test is carried out on
each area of land to which the compost product was applied
within 30 days of the one-year anniversary of the date the compost product
was first land applied to the areas of land, and
if compost product is land applied to the areas of land in subsequent years,
at least once every 3 years from the date of the soil testing carried out under
paragraph (a).
Subsection (4) does not apply to a person who no longer owns or has an interest in
the areas of land to which the compost product was land applied.
A person carrying out a soil test under this
section must keep records of the
soil test results.
[en. B.C. Reg. 381/2010, s. 12.]
Land application — nutrient management plan
A person intending to land apply compost product must
have a nutrient management plan prepared to ensure that the land application
is beneficial to plant growth, and
ensure that the nutrient management plan described in this
section is
carried out.
A nutrient management plan must include the following information about the
land to which compost product is applied:
the pH level in each pile of compost product;
the level of nutrients in the compost product, including the levels of the
following nutrients:
the total organic carbon to organic nitrogen ratio;
total nitrogen;
iii
ammonium nitrogen;
total phosphorus;
total potassium;
the pH level in the soil to which the compost product is being
applied;
the level of nutrients in the soil to which the compost product is being
land applied, including the levels of the following nutrients:
available phosphorus;
available potassium;
iii
nitrate-nitrogen;
ammonia-nitrogen;
a calculation of crop nutrient requirements;
a calculation of the rate of application;
a description of the method of application, including whether the compost
product will be incorporated into the soil.
If the area of land to which compost product is applied is greater than 10
hectares, the land must be subdivided into areas of land of 10 hectares or less and
the nutrient management plan must include the information described in subsection
(2) for each area of land.
The person who land applied the compost product must keep records of the
results of the sampling and analyses carried out in respect of the nutrient management
plan under this section.
[en. B.C. Reg. 381/2010, s. 12.]
Land application — control measures
When land applying compost product, a person must ensure that
the compost product is not directly discharged into surface water or
groundwater, and
runoff or escape of the compost product does not go beyond the boundary of
the farm where the compost product is being land applied.
A person must not land apply compost product
on frozen land,
in diverting winds,
on land with standing water or snow,
on saturated soil, or
at rates of application that exceed the amount required for crop
growth.
A person must not land apply compost product if the compost product
contains
identifiable parts of the slaughtered animals,
more than 1% foreign matter by dry weight, or
any sharp foreign matter in a size or shape that could cause
injury.
A person who land applies compost product that contains specified risk
material must comply with all of the following:
ensure domestic animal grazing is restricted for 5 years on land on which
the compost product is applied;
must not land apply compost product on land used for growing food crops for
human consumption.
[en. B.C. Reg. 381/2010, s. 12.]
Notification of land application
In this section:
first land application means the first land application that a
proponent carries out in a reporting year, excluding the reporting year commencing
on the date of the initial land application;
initial land application means the initial land application that
a proponent carries out after this
section comes into force;
reporting year ,
in relation to the year commencing on the date of the initial land
application, means a period beginning on the actual date of the initial land
application and ending 12 months later, and
in relation to each successive year, means a period beginning on the
actual date of the first land application after the most recent reporting year is
complete and ending 12 months later.
A person who intends to land apply compost product must provide
notification of the proposed initial land application to the director at
least 30 days before the proposed initial land application, and
in successive years, notification of any proposed land application 30 days
before the proposed first land application.
The notification under subsection (2) must include all of the following
information:
the full name and address of the registered owner of the land where the
compost product is being land applied;
the full name and address of the person land applying the compost product,
if different from the person described in paragraph (a);
the application
schedule for land application for the reporting year,
including, with respect to each area of land of 10 hectares or less, how many times
and at what intervals during the reporting year the compost product will be land
applied and the rate of application for each land application;
the address and location of the land where the compost product is being land
applied;
a description of what the land where the compost product is being land
applied will be used for during the reporting year;
confirmation that a nutrient management plan under
section 26 has been prepared for the land application;
the full name and address of the person who prepared the nutrient management
plan;
written authorization by the registered owner of the land where the compost
product is being land applied if the registered owner is not the person land
applying the compost product;
any other information required by the director.
The director may, after receipt of a notification under this section, request
additional information.
If the director requests additional information under subsection
(4) within 30 days after the proponent provided notification under this
section, the proponent must not land apply the compost product until 30 days after the
proponent has provided the additional information to the director.
[en. B.C. Reg. 381/2010, s. 12.]
Notification of change
A proponent must notify the director of a change in any information previously
provided under
section 28 or this
section as soon as the proponent
becomes aware of the change.
The proponent providing a notification of change under subsection
(1) must not land apply compost product until the earlier of the
following dates:
the date the director sends a notice in writing signed by the director
stating that the proponent may land apply the compost product;
the date that is 30 days after the date the proponent provided the
notification of change to the director.
The director may, after receipt of a notification of change under this
section, request additional information.
If the director requests additional information under subsection
(3) within 30 days after the proponent provided a notification of change
under this section, the proponent must not land apply the compost product until the
earlier of the following dates:
the date the director sends a notice in writing signed by the director
stating that the proponent may land apply the compost product;
the date that is 30 days after the date the proponent has provided the
additional information to the director.
If the change in the information provided in a notification of change under
this
section relates to a change of location of the land application and the proponent
proposes to land apply compost product to an area of land not previously identified in
the notification under
section 28, the proponent must ensure both of the
following in respect of that area of land:
soil testing is carried out in accordance with
section 25;
a nutrient management plan is prepared in accordance with
section
[en. B.C. Reg. 381/2010, s. 12.]
[Provisions relevant to the enactment of this regulation: Environmental
Management Act , S.B.C. 2003, c. 53, ss. 22 and 138.]