Waste Discharge Regulation 2007

B.C. Reg. 40/2021

British Columbia — Consolidated Statutes

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.]

Document details

CollectionBritish Columbia — Consolidated Statutes
CitationB.C. Reg. 40/2021
Typestatute
Volume / chapterstatreg 246 2007
Languageen
Formatxml
SourcePROVINCIAL
Identifier226015f55bc178c18e798f4c4dd90db493e1fead

Source file is stored in the law ingest library (xml).