British Columbia Gazette Part II — B.C. Reg. 18/2002

B.C. Reg. 18/2002

British Columbia — Gazette

Victoria, British Columbia, Canada

Licence

Disclaimer

Volume

45, No. 2

B.C. Reg. 18/2002

The

British Columbia Gazette,

Part II

February 12, 2002

B.C. Reg. 18/2002 , deposited February 5, 2002,

pursuant to the WASTE MANAGEMENT ACT [Section 57] and the HEALTH ACT

[Section 8 (1)]. Order in Council 84/2002, approved and ordered February 4,

On the recommendation of the undersigned, the Lieutenant

Governor, by and with the advice and consent of the Executive Council, orders

that

(

a) the Production and Use of Compost Regulation, B.C. Reg. 334/93, is

repealed, and

(

b) the Organic Matter Recycling Regulation attached to this order is made.

— J. MURRAY, Minister of Water, Land and Air Protection; J.

van DONGEN, Presiding Member of the Executive Council.

ORGANIC MATTER RECYCLING REGULATION

Contents

Part 1 —

Definitions

Part 2 — Application and Exemption

General application

General exemptions

Contaminated sites

Part 3 — Land Application and Distribution Requirements

Division 1 — Land Application Plan

Requirement for a land application plan

Division 2 — Class A Biosolids

Process and quality criteria

Land application and distribution

Division 3 — Class B Biosolids

Process and quality criteria

Land application and distribution

Division 4 — Biosolids Growing Medium

Process and quality criteria

Distribution

Division 5 — Class A Compost

Process and quality criteria

Distribution

Division 6 — Class B Compost

Process and quality criteria

Land application

Part 4 — Storage and Land Application Requirements

Division 1 — Storage at a Land Application Site

Definitions

Storage methods

Storage facility

Storage site

Rainy season storage using a storage site

Division 2 — Notification of Land Application of Managed Organic Matter

Definition

Discharger to give notice

Part 5 — Composting Facility Requirements

Division 1 — Requirements for Composting Facilities

Environmental impact study and report

Division 2 — Construction and Operation of Composting Facilities

Plans and specifications

Notification of operation

Division 3 — Leachate Management for Composting Facilities

Composting facility requirements

Division 4 — Capacity of Composting Facilities

Capacity for organic matter

Capacity for compost

Capacity for residuals

Closure of a composting facility

Part 6 — General

Offence and penalty

Review of organic matter provisions

Part 1 —

Definitions

(1) In this regulation:

"Act" means the Waste Management Act ;

"agricultural land reserve" means land

designated as agricultural land and established as an agricultural land reserve

under

section 11 of the Agricultural Land Reserve Act ;

"agricultural waste" means agricultural

waste that is subject to the Code made under the Agricultural Waste Control

Regulation, B.C. Reg. 131/92, but does not include

(

a) human or animal food waste that is diverted from

residential, commercial or institutional sources,

(

b) waste materials derived from non-agricultural

operations, or

(

c) wood waste derived from land clearing, construction

or demolition;

"biosolids" means stabilized municipal

sewage sludge resulting from a municipal waste water treatment process or

septage treatment process which has been sufficiently treated to reduce pathogen

densities and vector attraction to allow the sludge to be beneficially recycled

in accordance with the requirements of this regulation;

"biosolids growing medium" means

biosolids that meet the requirements of

section 10;

"Class A biosolids" means biosolids

that meet the requirements of

section 6;

"Class B biosolids" means biosolids

that meet the requirements of

section 8;

"Class A compost" means compost that

meets the requirements of

section 12;

"Class B compost" means compost that

meets the requirements of

section 14;

"compost" means a product which is

(

a) a stabilized earthy matter having the properties and

structure of humus,

(

b) beneficial to plant growth when used as a soil

amendment,

(

c) produced by composting, and

(

d) only derived from organic matter;

"composting" means the controlled

biological oxidation and decomposition of organic matter in accordance with the

time and temperature requirements specified in

Schedule 1;

"composting facility" means a facility

that processes organic matter to produce compost;

"discharger" means any of the following

responsible persons:

(

a) an owner of a composting facility;

(

b) an owner of a facility that produces managed organic

matter for land application;

(

c) a registered owner of the land where managed organic

matter is applied;

"fertilizer" means an organic or

inorganic material of natural or synthetic origin, other than liming material,

that is added to a soil to supply one or more plant nutrients;

"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, rocks or stones, or gravel less than 2.5 centimetres in

diameter, or other similar mineral materials naturally found in soil;

"forest reserve land" means land

designated as forest reserve land under

section 10, 11 or 12 of the Forest

Land Reserve Act ;

"land application" means the

application to land, after biosolids treatment or composting, of managed organic

matter;

"land application plan" means a plan

for the land application of managed organic matter, prepared in accordance with

section 5;

"Land Reserve Commission" means the

commission established under the Land Reserve Commission Act ;

"leachate" means

(

a) effluent originating from organic matter being

received, processed, composted, cured or stored at a composting facility,

(

b) effluent originating from managed organic matter

being stored or applied to land, or

(

c) precipitation, storm water, equipment wash water or

other water which has come into contact with, or mixed with, organic matter or

managed organic matter being received, processed, composted, cured or stored;

"managed organic matter" means Class A

biosolids, Class B biosolids or Class B compost;

"organic matter" means those materials

set out in

Schedule 12 that are suitable for composting;

"pathogen" means an organism capable of

causing disease in humans, animals or plants;

"qualified professional" means a person

who

(

a) is registered in British Columbia with his or her

appropriate professional association, acts under that professional association's

code of ethics, and is subject to disciplinary action by that professional

association, and

(

b) through suitable education, experience,

accreditation and knowledge may be reasonably relied on to provide advice within

his or her area of expertise as it relates to this regulation;

"retail-grade organic matter" means

biosolids growing medium or Class A compost;

"soil conditioner" means

(

a) managed organic matter that measurably improves

specific chemical or physical characteristics of soil or chemical or physical

processes for a given use, or

(

b) a plant growth medium;

"vector" means a carrier organism that

is capable of transmitting a pathogen from one facility, waste source, product

or organism to another facility, waste source, product or organism;

"yard waste" means

(

a) clean and untreated wood waste, or

(

b) non-food vegetative matter resulting from gardening

operations, landscaping and land clearing,

but does not include wood waste derived from

construction or demolition.

(2) For greater certainty, neither

(

a) human or animal food waste that is diverted from

residential, commercial or institutional sources, nor

(

b) manure,

is yard waste.

Part 2 — Application and Exemption

General application

(1) For the purposes of the Act, compostable

materials and recyclable materials continue to be a waste until dealt with in

accordance with this regulation.

(2) A person who produces or uses biosolids or compost

in accordance with this regulation is in compliance with

section 3 (2) of the

Act.

(3) This regulation applies in British Columbia to

(

a) the construction and operation of composting

facilities, and

(

b) the production, distribution, storage, sale and use

or land application of biosolids and compost.

(4) The land application of retail-grade organic matter

or managed organic matter, and the construction and operation of composting

facilities, on an agricultural land reserve or on forest reserve land must

(

a) be in compliance with all applicable legislation of

British Columbia including, without limitation, the Agricultural Land Reserve

Act , the Forest Land Reserve Act , the Land Reserve Commission Act

and the Soil Conservation Act , and all applicable regulations under those

enactments, and

(

b) be done in accordance with good agricultural

practice.

(5) Any discharge of waste into the environment, not

otherwise authorized by this regulation, must be in compliance with the Act.

General exemptions

(1) In this section:

"agricultural waste composting" means

the composting of agricultural waste in accordance with

Part 5 of the Code made

under the Agricultural Waste Control Regulation, B.C. Reg. 131/92;

"backyard composting" means the

composting of food waste or yard waste, or both, at a site where

(

a) the food waste or yard waste is generated by the

residents of a residential dwelling unit, and

(

b) the annual production of compost does not exceed 20

cubic metres.

(2) This regulation does not apply to any of the

following:

(

a) composting facilities

(

i) authorized by a permit, approval or operational

certificate, or

(ii) required by an order issued under the Act;

(

b) the land application of managed organic matter

(

i) authorized by a permit, approval or operational

certificate, or

(ii) in accordance with an order issued under the Act;

(

c) agricultural waste composting;

(

d) backyard composting;

(

e) demonstration gardens for the composting of yard

waste in quantities not exceeding 100 cubic metres per year.

Contaminated sites

4 A site is not a contaminated site with respect

to a substance in the soil if

(

a) the site has been used in accordance with this

regulation for the application of managed organic matter or retail-grade organic

matter,

(

b) the site has not been used for any commercial or

industrial purpose or activity listed in

Schedule 2 of the Contaminated Sites

Regulation, B.C. Reg. 375/96, as amended from time to time, and

(

c) the site, before application of managed organic

matter or retail-grade organic matter, was not a contaminated site as defined in

section 11 (1) to (4) of the Contaminated Sites Regulation, B.C. Reg. 375/96, as

amended from time to time.

Part 3 — Land Application and

Distribution Requirements

Division 1 — Land Application Plan

Requirement for a land application plan

(1) A discharger must have a qualified

professional

(

a) prepare a land application plan for

(

i) each site where managed organic matter is land

applied, and

(ii) each occurrence that managed organic matter is land

applied, and

(

b) sign the land application plan before its

implementation.

(2) The land application plan required by subsection

(1) must provide the information specified in

Schedule 7.

(3) After land application of managed organic matter at

any site, the discharger must obtain written certification from a qualified

professional that the land application was done in accordance with the land

application plan required by subsection (1).

(4) The land application plan must be provided to the

registered owner of the land and be made available, upon request, both before

and after its implementation, to

(

a) the manager, or

(

b) an inspector or officer authorized under the Agricultural

Land Reserve Act , the Soil Conservation Act or the Forest Land

Reserve Act .

Division 2 — Class A Biosolids

Process and quality criteria

6 Biosolids that meet the requirements of all of

the following are Class A biosolids:

(

a) Schedule 1, Pathogen Reduction Processes;

(

b) Schedule 2, Vector Attraction Reduction;

(

c) Schedule 3, Pathogen Reduction Limits;

(

d) Section 3 of

Schedule 4, Quality Criteria;

(

e) Schedule 5, Sampling and Analyses — Protocols and

Frequency;

(

f) Schedule 6, Record-keeping.

Land application and distribution

(1) Class A biosolids may be applied to land in

accordance with subsection (2) or distributed in accordance with subsection (4).

(2) When applied to land in quantities greater than 5

cubic metres per year per parcel of land, Class A biosolids must only be applied

in accordance with

(

a) a land application plan for Class A biosolids, and

(

b) the soil substance concentrations specified in

Schedules 9 and 10.

(3) The land application plan must, before land

application of Class A biosolids, be made available to the registered owner of

the land.

(4) Class A biosolids must only be distributed as

follows:

(

a) in volumes that do not exceed 5 cubic metres per

vehicle per day;

(

b) in sealed bags for retail purposes, each not to

exceed 5 cubic metres, with no restrictions on the number of bags distributed

per vehicle per day;

(

c) in volumes greater than 5 cubic metres to composting

facilities or biosolids growing medium facilities.

Division 3 — Class B Biosolids

Process and quality criteria

8 Biosolids that meet the requirements of all of

the following are Class B biosolids:

(

a) Schedule 1, Pathogen Reduction Processes;

(

b) Schedule 2, Vector Attraction Reduction;

(

c) Schedule 3, Pathogen Reduction Limits;

(

d) Column 3 of

Schedule 4, Quality Criteria;

(

e) Schedule 5, Sampling and Analyses — Protocols and

Frequency;

(

f) Schedule 6, Record-keeping.

Land application and distribution

(1) Class B biosolids may be applied to land in

accordance with subsection (2) or distributed in accordance with subsection (4).

(2) Class B biosolids must only be applied to land in

accordance with

(

a) a land application plan for Class B biosolids,

(

b) the methodology specified in

Schedule 8, and

(

c) the soil substance concentrations specified in

Schedules 9 and 10, or the site-specific criteria approved by the manager.

(3) The land application plan must, before land

application, be made available to the registered owner of the land.

(4) Class B biosolids may be distributed to composting

facilities with no volume restriction.

(5) Class B biosolids that meet the pathogen reduction

and vector attraction requirements for Class A biosolids specified in Schedules

1, 2 and 3 may be distributed to a biosolids growing medium facility with no

volume restriction.

(6) Class B biosolids must not be land applied in a

watershed used as a permitted water supply under the Safe Drinking Water

Regulation, B.C. Reg 230/92, as amended from time to time.

Division 4 — Biosolids Growing Medium

Process and quality criteria

10 Biosolids that meet the requirements of all of

the following are biosolids growing medium:

(

a) Column 2 of

Schedule 4, Quality Criteria;

(

b) Schedule 5, Sampling and Analyses — Protocols and

Frequency;

(

c) Schedule 6, Record-keeping;

(

d) Schedule 11, Requirements for Biosolids Growing

Medium.

Distribution

11 Biosolids growing medium may be distributed

with no volume restriction.

Division 5 — Class A Compost

Process and quality criteria

(1) In this section, "untreated and

unprocessed wood residuals" means clean wood from lumber manufacturing,

and includes shavings, sawdust, chips, hog fuel, ground mill ends and land

clearing waste which has been ground with the majority of the greenery removed

and no soil present.

(2) Compost that is produced solely from yard waste or

untreated and unprocessed wood residuals, or from both, and that meets the

requirements of all of the following, is Class A compost:

(

a) Schedule 1, Pathogen Reduction Processes;

(

b) Schedule 2, Vector Attraction Reduction;

(

c) Column 1 of

Schedule 4, Quality Criteria.

(3) Compost that is not solely produced from yard waste

or from untreated and unprocessed wood residuals and that meets the requirements

of all of the following is Class A compost:

(

a) the requirements of subsection (2) (

a) to (c);

(

b) Schedule 3, Pathogen Reduction Limits;

(

c) Schedule 5, Sampling and Analyses — Protocols and

Frequency;

(

d) Schedule 6, Record-keeping.

(4) Class A compost must be derived only from organic

matter.

(5) Biosolids used as feedstock for the production of

Class A compost must not exceed the standards for Class B biosolids set out in

Column 3 of

Schedule 4.

Distribution

13 Class A compost may be distributed with no

volume restriction.

Division 6 — Class B Compost

Process and quality criteria

(1) Compost that meets the requirements of all

of the following is Class B compost:

(

a) Schedule 1, Pathogen Reduction Processes;

(

b) Schedule 2, Vector Attraction Reduction;

(

c) Schedule 3, Pathogen Reduction Limits;

(

d) Column 3 of

Schedule 4, Quality Criteria;

(

e) Schedule 5, Sampling and Analyses — Protocols and

Frequency;

(

f) Schedule 6, Record-keeping.

(2) Class B compost must be derived only from organic

matter.

Land application

(1) Class B compost must only be applied to

land in accordance with

(

a) a land application plan for Class B compost,

(

b) the methodology specified in

Schedule 8, and

(

c) the soil substance concentrations specified in

Schedules 9 and 10, or the site-specific numeric soil standards approved by the

manager.

(2) The land application plan must, before land

application, be made available to the registered owner of the land.

(3) Class B compost must not be land applied in a

watershed used as a permitted water supply under the Safe Drinking Water

Regulation, B.C. Reg 230/92, as amended from time to time.

Part 4 — Storage and Land Application Requirements

Division 1 — Storage at a Land Application Site

Definitions

16 In this Division:

"precipitation" means precipitation as

determined by the Canadian Atmospheric Environmental Service Reports of

Environment Canada;

"storage facility" means a structure

for containing managed organic matter before its use under a land application

plan, and includes a reservoir, lagoon, cistern, gutter, tank or bermed area but

does not include a vehicle or any mobile equipment used for the transportation

of managed organic matter;

"storage site" means a site for storing

a temporary stock of managed organic matter which is ready to be drawn upon for

use as a fertilizer or soil conditioner under a land application plan.

Storage methods

(1) If managed organic matter, which is to be

applied to land under a land application plan, is stored on a farm or at some

other site, it must be stored

(

a) in a storage facility in accordance with the

requirements of

section 18, or

(

b) at a storage site in accordance with the

requirements of

section 19.

(2) Managed organic matter must only be stored on a farm

if all of the managed organic matter is used on that farm.

Storage facility

18 A storage facility must

(

a) be of sufficient capacity to store all the managed

organic matter to be used on the land application site for the period of time

needed for its application as a fertilizer or soil conditioner,

(

b) be located at least 15 metres from any watercourse

and 30 metres from any source of water for domestic purposes, and

(

c) be maintained in such a manner as to prevent the

escape of managed organic matter.

Storage site

(1) Managed organic matter may only be stored

at a storage site as follows:

(

a) for not more than 2 weeks if it is

(

i) used within 2 weeks, and

(ii) stored in a manner that prevents the escape of

managed organic matter;

(

b) for more than 2 weeks if it is

(

i) stored for no longer than 9 months,

(ii) located at least 30 metres from any watercourse or

any source of water used for domestic purposes, and

(iii) stored in a manner that prevents the escape of

managed organic matter.

(2) Berms or other works must be constructed around the

storage site if necessary to prevent the escape of managed organic matter.

Rainy season storage using a storage site

(1) This

section applies to

(

a) Vancouver Island,

(

b) the Fraser Valley, and

(

c) any other area of British Columbia that receives a

total average precipitation greater than 600 mm (24 inches) during the months of

October to March inclusive.

(2) Managed organic matter that

(

a) is to be applied to land under a land application

plan,

(

b) is stored at the land application site, and

(

c) is not stored in a storage facility,

must be covered from October 1 to March 31 of the next

year to prevent the escape of managed organic matter.

Division 2 — Notification of Land Application of Managed

Organic Matter

Definition

21 In this Division:

"medical health officer" has the

meaning given to it in

section 1 of the Health Act ;

"watershed" means a watershed used as a

permitted water supply under the Safe Drinking Water Regulation, B.C. Reg.

230/92.

Discharger to give notice

(1) A discharger must, using the standardized

form provided in

Schedule 13, give notification of any proposed land application

of managed organic matter in volumes greater than 5 cubic metres, as follows:

(

a) to the manager at least 30 calendar days before the

land application of managed organic matter;

(

b) to the medical health officer having jurisdiction at

least 30 calendar days before the land application of managed organic matter to

agricultural land or in a watershed;

(

c) to the Land Reserve Commission at least 30 calendar

days before the land application of managed organic matter within an

agricultural land reserve or forest reserve land.

(2) The manager may, within 30 days after receipt of the

information required by subsection (1) (a), request additional information.

(3) If the information required by subsection (1) (

a) or

(2) indicates the need for site-specific standards or management practices

respecting the land application of managed organic matter in order to protect

human health and the environment, the manager may, within 30 days after receipt

of the information, require the discharger to meet the site-specific standards

or management practices specified by the manager.

(4) The medical health officer having jurisdiction may,

within 30 days after receipt of the information required by subsection (1) (b),

provide written directions to the discharger that the application of managed

organic matter

(

a) must not proceed, or

(

b) may only proceed subject to conditions specified by

the medical health officer.

(5) If there is agreement between the discharger and the

manager and, in the case of land application to agricultural land or in a

watershed, the medical health officer having jurisdiction, the parties may agree

to amend the time limit under subsection (3) or (4).

Part 5 — Composting Facility

Requirements

Division 1 — Requirements for Composting Facilities

Environmental impact study and report

(1) This

section applies, on and after the

coming into force of this regulation, to a composting facility proposed to be

(

a) constructed with an existing or proposed annual

production capacity of 20 000 tonnes or more,

(

b) expanded beyond an existing annual production

capacity of 20 000 tonnes or more resulting in an increase in production

capacity of more than 10 per cent, or

(

c) expanded beyond an existing annual production

capacity of less than 20 000 tonnes resulting in an annual production capacity

of more than 20 000 tonnes.

(2) A discharger must ensure that no organic matter is

collected at, and no compost is distributed from, a composting facility unless a

qualified professional conducts and completes an environmental impact study and

produces an environmental impact study report acceptable to the manager which

includes, but is not limited to,

(

a) design of the composting facilities including

buildings, works and other appurtances,

(

b) odour and leachate collection and treatment systems,

and

(

c) site preparation for the composting facilities,

buffer zones and plans to minimize the impact on adjacent lands.

(3) A copy of the environmental impact study report

required by subsection (2) must be submitted to the manager at least 90 days

before commencement of construction of a new composting facility or the

modification of an existing composting facility.

(4) The discharger must retain a copy of the completed

environmental impact study report for inspection by the manager at any time.

(5) The manager may request additional information with

respect to the environmental impact study that he or she considers necessary for

the protection of human health and the environment, and may specify particular

concerns or questions that the impact study must address.

Division 2 — Construction and Operation of Composting

Facilities

Plans and specifications

(1) A discharger must have a qualified

professional prepare plans and specifications for

(

a) the construction and operation of a new composting

facility, or

(

b) any modification of an existing composting facility

that results in an increase in the annual production capacity of more than 10

per cent or more than 20 000 cubic metres.

(2) The plans and specifications required by subsection

(1) must include, but are not limited to, all of the following:

(

a) all works to be constructed on the site;

(

b) design capacity of the composting facility;

(

c) a leachate management plan which stipulates how

leachate generated from any and all stages of the composting process will be

minimized, managed, treated or disposed;

(

d) an odour management plan which stipulates how air

contaminants from the composting facility will be discharged in a manner that

does not cause pollution;

(

e) an operating and closure plan for the composting

facility.

(3) The discharger must ensure that

(

a) the qualified professional

(

i) affixes his or her professional seal or signature,

or both, to the plans and specifications for the composting facility, and

(ii) makes a signed statement certifying that the

composting facility has been constructed in accordance with the plans and

specifications,

(

b) a copy of the plans and specifications for the

composting facility are kept at the composting facility at all times, and are

available to the manager upon request,

(

c) the plans and specifications are submitted to the

manager upon request, and

(

d) the composting facility is operated in compliance

with the plans and specifications required by subsection (1).

(4) The manager may request additional information with

respect to the plans and specifications that he or she considers necessary for

the protection of human health and the environment, and may specify particular

concerns or questions that the plans and specifications must address.

Notification of operation

(1) The discharger must, at least 90 days

before beginning the operation of a composting facility, give notice in writing

(

a) the manager, and

(

b) the Land Reserve Commission if the composting

facility is in an agricultural land reserve or forest reserve land.

(2) The notification required by subsection (1) must

include

(

a) the composting facility location and design

capacity, name of a contact person, type of waste received, and intended

distribution of compost, and

(

b) a copy of a personnel training program plan that

addresses the specific training needed to operate the composting facility in

compliance with this regulation.

Division 3 — Leachate Management for Composting

Facilities

Composting facility requirements

(1) In this section, "curing

area" means an area where organic matter which has undergone the rapid

initial stage of composting is further matured into a humus-like material.

(2) The receiving, storage, processing and curing areas

of a composting facility must comply with all of the following:

(

a) be located on asphalt, concrete or another similar

impermeable surface that is capable of withstanding wear and tear from normal

operations and that will prevent the release of leachate into the environment;

(

b) have a roof or cover, or a prepared surface,

designed to prevent

(

i) the surface collection of water around the base of

organic matter and compost, and

(ii) run-off water from entering the receiving, storage,

processing and curing areas;

(

c) have a leachate collection system designed,

constructed, maintained and operated to reuse leachate, or to remove leachate,

from the receiving, storage, processing and curing areas.

(3) Leachate that is not collected and reused in the

composting process must not be discharged into the environment unless authorized

under the Act.

(4) Despite subsections (2) and (3), an impermeable

surface, roof, cover, prepared surface or leachate collection system is not

necessary if a qualified professional can demonstrate through an environmental

impact assessment that the environment will be protected and appropriate water

quality criteria satisfied through the use of alternative leachate management

processes.

(5) The manager may request additional information with

respect to the environmental impact assessment that he or she considers

necessary for the protection of human health and the environment, and may

specify particular concerns, questions, standards or monitoring that the

assessment must address.

Division 4 — Capacity of Composting Facilities

Capacity for organic matter

27 The amount of organic matter in a composting

facility must not at any time exceed the total design capacity of the facility.

Capacity for compost

28 At least half of the compost stored at a

composting facility must be removed annually from the facility beginning in the

third year after facility start-up.

Capacity for residuals

(1) Residuals from the composting process must

(

a) be stored so as to prevent vector attraction, and

(

b) be disposed of on a regular basis in accordance with

the Act.

(2) Residuals that are stored at a composting facility

must not at any time exceed 15 cubic metres in total.

Closure of a composting facility

30 Before the closure of a composting facility,

(

a) all compost must be applied or distributed in

accordance with this regulation, and

(

b) all unprocessed organic matter must be removed from

the facility and dealt with in accordance with the Act.

Part 6 — General

Offence and penalty

(1) A person who contravenes a provision of

this regulation, other than as set out in subsection (2), commits an offence and

is liable on conviction to a fine not exceeding $10 000.

(2) A person who contravenes

section 5 (1), 7 (2) or

(4), 9 (2), 12 (4), or (5), 14 (2), 15 (1), 17 (1) or (2), 20 (2), 22 (1), 23

(2) or (3), 24 (1), 25 (1), 26 (2) or (3), 27, 28, 29 (1) or (2) or 30 commits

an offence and is liable on conviction to a fine not exceeding $200 000.

Review of organic matter provisions

32 The Ministry of Water, Land and Air Protection

will evaluate the management of this regulation within 3 years of this

regulation coming into force to determine if any modifications are appropriate

based on advances in science, law and the management of organic matter.

Schedule 1

Pathogen Reduction Processes

1 The pathogen reduction requirements listed in

section 2 (

a) to (

g) of this

Schedule must be met before or at the same time as

the vector attraction reduction requirements set out in sections 1 to 3 of

Schedule 2.

2 One of the following pathogen reduction methods

is required for Class A biosolids or biosolids used to produce biosolids growing

medium:

(

a) the thermophilic aerobic digestion method consisting

of an aerobic process whereby liquid biosolids are agitated with air or oxygen

under a temperature of not less than 55 Celsius for 30 minutes or longer, and

the temperature and time period are determined using the equation in paragraph

(f). The process is be configured (batch, plug flow, staged) to maintain

sufficient retention time to ensure that pathogen and volatile solids

destruction is reliably achieved;

(

b) the thermophilic anaerobic digestion method

consisting of a process whereby liquid biosolids are agitated in the absence of

free oxygen (under negative Redox potential) at a temperature of not less than

50 Celsius for at least 10 consecutive days. The process must be configured

(batch, plug flow, staged) to maintain sufficient retention time to ensure that

pathogen and volatile solids destruction is reliably achieved;

(

c) the heat treatment method such that when the per

cent solids of the biosolids is 7 per cent or higher,

(

i) the temperature of the biosolids must be 50

Celsius or higher,

(ii) the time period must be 20 minutes or longer, and

(iii) the minimum required time period must be

determined using the following equation, except when small particles of

biosolids are heated by either warmed gases or an immiscible liquid:

131 700 000/ 10 0.1400t

where:

time in days

temperatures in Celsius;

(

d) the heat treatment method such that when the per

cent solids of the biosolids is 7 per cent or higher and small particles of

biosolids are heated by either warmed gases or an immiscible liquid,

(

i) the temperature of the biosolids must be 50

Celsius or higher,

(ii) the time period must be 15 seconds or longer, and

(iii) the minimum required time period must be

determined using the equation in paragraph (c);

(

e) the heat treatment method such that when the per

cent solids of the biosolids is less than 7 per cent,

(

i) the time period must be at least 15 seconds but less

than 30 minutes, and

(ii) the minimum required time period must be determined

using the equation in paragraph (c);

(

f) the heat treatment method such that when the per

cent solids of the biosolids is less than 7 per cent,

(

i) the temperature of the biosolids must be 50

Celsius or higher, and

(ii) the time period must be 30 minutes or longer, and

(iii) the minimum required time period must be

determined using the following equation:

50 070 000/10 0.1400t

where:

time in days

temperatures in Celsius;

(

g) the alkaline stabilization method consisting of

maintaining the pH within the biosolids at above 12 for 72 hours with a

temperature during the 72 hour period greater than 52 Celsius for 12 hours.

After 72 hours at pH above 12, the biosolids must be air-dried to greater than

50 per cent total solids.

3 The pathogen reduction requirements for Class A

compost listed in

section 4 (

a) to (

c) of this

Schedule must be met before the

vector attraction reduction requirements listed in

section 2 (

a) and (

b) of

Schedule 2.

4 One of the following pathogen reduction

processes specified in paragraphs (

a) to (

c) is required to produce Class A

compost:

(

a) the windrow composting method whereby organic matter

is processed in a windrow involving periodic aeration and mixing of the windrow,

with a temperature of not less than 55 Celsius maintained for at least 15 days

and not fewer than 5 turnings of the windrow made during the high temperature

period to promote uniform exposure of the compost to thermophilic temperatures;

(

b) the static aerated pile composting method consisting

of a compost process involving mechanical aeration of the compost pile, with the

compost pile insulated and a temperature of not less than 55 Celsius maintained

throughout the compost pile for at least 3 consecutive days;

(

c) the enclosed vessel method consisting of a confined

compost process involving mechanical aeration of compost under controlled

environmental conditions, with a temperature of not less than 55 Celsius

maintained for at least 3 days during the composting process.

5 To produce Class A compost from yard waste

alone, a turning process can be used whereby the pile is turned on a periodic

basis to aerate the yard waste, maintain optimum temperatures, and reduce

pathogens.

6 The director may provide approval for an

alternative process on a specific basis if the director is satisfied that the

alternative process in that case will provide a Class A compost equivalent in

quality as that produced by the process described by

section 4 (

a) to (c).

7 For Class B biosolids and Class B compost a

biosolids treatment or composting process must be used whereby fecal coliform

are reduced to levels < 2 000 000 MPN per gram of total solids (dry weight

basis), or one of the following processes must be used:

(

a) the aerobic digestion process whereby Class B

biosolids are agitated with air or oxygen to maintain aerobic conditions for a

specific mean cell residence time at a specific temperature. Values for the mean

cell residence time and temperature must be between 40 days at 20 Celsius and

60 days at 15 Celsius;

(

b) the air-drying process whereby Class B biosolids are

dried on sand beds or on paved or unpaved basins. The biosolids must dry for a

minimum of 3 months. During 2 of the 3 months, the ambient average daily

temperature must be above 0 Celsius;

(

c) the anaerobic digestion process whereby Class B

biosolids are treated in the absence of air for a specific mean cell residence

time at a specific temperature. Values for the mean cell time and temperature

must be between 15 days at 35 Celsius to 55 Celsius and 60 days at 20

Celsius;

(

d) the compost process using either within-vessel,

static aerated pile or windrow-composting methods whereby the temperature of the

Class B compost is raised to 40 Celsius or higher and maintained for 5 days.

For 4 hours during the 5-day period, the temperature in the compost pile must

exceed 55 Celsius;

(

e) the lime stabilization process whereby sufficient

lime is added to the Class B biosolids to raise the pH of the biosolids to 12

after 2 hours of contact.

Schedule 2

Vector Attraction Reduction

1 One of the following vector attraction

reduction processes is required for Class A biosolids or Class B biosolids used

to produce biosolids growing medium:

(

a) a digestion process (aerobic or anaerobic) resulting

in the mass of volatile solids of the biosolids being reduced by more than 38

per cent;

(

b) when the 38 per cent volatile solids reduction

requirement in paragraph (

a) cannot be met for an aerobically digested

biosolids, vector attraction reduction can be demonstrated by digesting a

portion of the previously digested biosolids that has a per cent solids of two

per cent or less aerobically in the laboratory in a bench-scale unit for 30

additional days at 20 Celsius. When, at the end of the 30 days, the volatile

solids in the biosolids at the beginning of that period is reduced by less than

15 per cent, vector attraction reduction is achieved;

(

c) when the 38 per cent volatile solids reduction

requirement in paragraph (

a) cannot be met for an anaerobically digested

biosolids, vector attraction reduction can be demonstrated by digesting a

portion of the previously digested biosolids anaerobically in the laboratory in

a bench-scale unit for 40 additional days at a temperature between 30 and 37

Celsius. When, at the end of the 40 days, the volatile solids in the biosolids

at the beginning of that period is reduced by less than 17 per cent, vector

attraction reduction is achieved;

(

d) the specific oxygen uptake rate (SOUR) for biosolids

treated in an aerobic process shall be less than or equal to 1.5 milligrams of

oxygen per hour per gram of total solids (dry weight basis) at a temperature of

20 Celsius;

(

e) the pH of biosolids shall be raised to 12 or higher

by alkali addition and, without the addition of more alkali, shall remain at 12

or higher for two hours and then at 11.5 or higher for an additional 22 hours;

(

f) the per cent solids of biosolids generated in a

wastewater treatment process must be equal to or greater than 90 per cent based

on the moisture content and total solids prior to mixing with other materials.

The biosolids must thereafter be managed in such a way that the moisture content

of the biosolids does not increase such that compliance with the 90 per cent

solids requirement is maintained until such time as the biosolids is land

applied in accordance with

section 7 (2) or distributed in accordance with 7

(4) of this regulation.

2 One of the following vector attraction

reduction processes are required for Class A compost:

(

a) Class A compost must be treated in an aerobic

process for 14 days or longer. During that time, the temperature of the compost

must be higher than 40 Celsius and the average temperature of the compost must

be higher than 45 Celsius. After the vector attraction reduction process is

completed the carbon to nitrogen ratio of the compost must be greater than or

equal to 15:1 and less than or equal to 35:1;

(

b) Class A compost must be retained in curing piles for

at least 21 days. After the 21 day period, the carbon to nitrogen ratio of the

Class A compost must be greater than or equal to 15:1 and less than or equal to

35:1 and must not re-heat, upon standing, under the following conditions:

(

i) compost is aerated and formed into a pile no smaller

than 3 metres in diameter and 2 metres high with compost having a moisture

content between 35 per cent and 60 per cent;

(ii) the pile must be formed in a location where the

ambient temperature remains in the range of 5 to 30 Celsius;

(iii) 3 days after the pile has been formed, the

temperature of the compost is measured at a depth of 60 cm into the pile from

the outside surface of the pile;

(iv) the compost must not re-heat upon standing to

greater than 20 Celsius above ambient temperature.

3 If one of the above vector attraction reduction

methods cannot be met, then a test method or treatment process specified in

protocols approved by the director, may be used as an alternative means of

showing that vector attraction reduction has been achieved.

4 Class B biosolids must meet the vector

attraction reduction processes specified in

section 1 of this

Schedule or meet

one of the following alternatives:

(

a) if Class B biosolids, with fecal coliform levels

determined to be < 2 000 000 MPN per gram of total solids, are injected into

the soil, then the biosolids must be injected below the land surface within 8

hours after being discharged from the pathogen treatment process and no

significant amount of biosolids must remain on the soil surface 1 hour after

application;

(

b) if Class B biosolids, with fecal coliform levels

determined to be < 2 000 000 MPN per gram of total solids, are incorporated

by tillage, then the biosolids must be incorporated within 8 hours after being

discharged from the pathogen treatment process and no significant amount of

biosolids must remain on the soil surface 6 hours after application;

5 If Class B compost does not meet the vector

attraction reduction processes specified in

section 1 of this Schedule, and

Class B compost is incorporated by tillage, then no significant amount of Class

B compost must remain on the soil surface 6 hours after application.

6 If Class B biosolids or Class B compost is

applied to soil using other technologies, practices or methods, Class B

biosolids or Class B compost must be applied in accordance with best management

practices described in the most recent edition of the organic matter recycling

guidelines approved by the director.

Schedule 3

Pathogen Reduction Limits

1 Fecal coliform levels must be determined to be

< 1 000 MPN per gram of total solids (dry weight basis) for

(

a) Class A biosolids, and

(

b) Class A compost (not produced from yard waste

alone).

2 Determination of fecal coliform levels is not

required for Class A compost produced from yard waste alone.

3 For Class A biosolids or Class A compost (not

produced from yard waste alone), 7 representative samples must be taken

(

a) from every 1 000 tonnes dry weight, or

(

b) once per year,

whichever occurs first.

4 The required fecal coliform levels must be met

in all 7 representative samples.

5 Fecal coliform levels for Class A biosolids and

Class A compost (not produced from yard waste alone) must be met either before,

or at the same time as, the vector attraction reduction requirements are met.

6 Fecal coliform levels must be met and vector

attraction reduction methods must be complete before

(

a) Class A biosolids are used for land application,

(

b) Class A biosolids in quantities less than 5 cubic

metres and Class A compost are prepared for distribution, and

(

c) Class A biosolids and Class B biosolids are used to

prepare biosolids growing medium.

7 For Class B biosolids and Class B compost,

(

a) the biosolids or compost must be treated through one

of the process options listed in

section 7 (

a) to (

e) of

Schedule 1,

(

b) fecal coliform levels must be determined to be <

2 000 000 MPN per gram of total solids (dry weight basis), and

(

c) fecal coliform levels must be determined to be <

1 000 MPN per gram of total solids (dry weight basis) if the land application

methods stated in

section 2 of

Schedule 8 apply.

8 The required fecal coliform levels for Class B

biosolids and Class B compost must be met for the geometric mean of 7 discrete

samples analyzed at intervals of

(

a) at least every 1 000 tonnes dry weight, or

(

b) once per year,

whichever comes first.

Schedule 4

Quality Criteria

1 Substance concentrations, expressed in g/g

dry weight must not exceed the limits set out in the following table:

Column 1

Column 2

Column 3

Substance

Class A compost

Biosolids

growing medium

Class B biosolids

Class B compost

Arsenic

Cadmium

1.5

Chromium

1 060

Cobalt

Copper

2 200

Lead

Mercury

0.8

Molybdenum

Nickel

Selenium

Zinc

1 850

2 Retail-grade organic matter and managed organic

matter must have

(

a) foreign matter content less than or equal to 1 per

cent dry weight, and

(

b) no sharp foreign matter, such as glass or metal

shards, in a size and shape that can cause injury.

3 Class A biosolids must not contain elements at

concentrations above those specified in Trade Memorandum T-4-93 (September

1997), Standards for Metals in Fertilizers and Supplements, as amended from time

to time, as adopted by Agriculture and Agri-Food Canada under the Fertilizers

Act (Canada) and regulations.

Schedule 5

Sampling and Analyses — Protocols and Frequency

1 All required analyses for

(

a) Class A biosolids and Class B biosolids,

(

b) biosolids growing medium,

(

c) Class A compost that is not solely produced from

yard waste, and

(

d) Class B compost,

must be carried out at intervals of

(

e) at least every 1 000 tonnes dry weight of organic

matter, or

(

f) once per year,

whichever occurs first.

2 The manager may increase the frequency of

sampling required based on provincial organic matter sampling guidelines.

3 Analyses must be in accordance with the

procedures described in "British Columbia Environmental Laboratory Manual

for the Analysis of Waters, Wastewaters, Sediments and Biological

Materials" (1994, or most current edition), as published by the Ministry of

Environment, Lands and Parks, or by suitable alternative procedures as

authorized by the director.

Schedule 6

Record-keeping

1 Temperatures and retention times must be

monitored and recorded each working day during the production of

(

a) Class A biosolids, and

(

b) Class A compost (not produced from yard waste alone)

and Class B compost.

2 Temperature and retention time records must be

kept at the facility for at least 36 months and must be made available for

inspection by an officer, or sent to the manager or an inspector or officer

authorized under the Agricultural Land Reserve Act , the Soil

Conservation Act or the Forest Land Reserve Act , upon request.

3 The results of analysis required by this

regulation must be kept at the facility for at least 36 months after the

production of

(

a) Class A biosolids and Class B biosolids,

(

b) biosolids growing medium,

(

c) Class A compost (not solely produced from yard

waste), and

(

d) Class B compost.

4 The results of analysis must be made available

for inspection by an officer or sent to the manager or an inspector or officer

authorized under the Agricultural Land Reserve Act , the Soil

Conservation Act or the Forest Land Reserve Act , upon request.

5 The land application plan signed by a qualified

professional as required by Division 1 of

Part 3 of the regulation must be kept

at the facility, or kept by the registered owner of the land application site,

for at least 36 months after application and must be made available for

inspection by an officer, or sent to the manager or an inspector or officer

authorized under the Agricultural Land Reserve Act , the Soil

Conservation Act or the Forest Land Reserve Act , upon request.

6 The manager may request a sampling report from

the facility operators or the registered owner of the land for at least 36

months after application of managed organic matter.

Schedule 7

Land Application Plan for Managed Organic Matter

1 The land application plan for managed organic

matter must provide all of the following:

(

a) the full legal name and address of the facilities

where the managed organic matter is produced;

(

b) the name of the local contact, local address, and

telephone number for the discharger of managed organic matter;

(

c) the name and address of the qualified professional

producing the land application plan;

(

d) the name of the registered owner of the land upon

which the land application of managed organic matter will take place;

(

e) the street address and legal description of the land

application site;

(

f) the location and boundaries of the land application

site, and provide map or plan;

(

g) written authorization of registered owner(

s) or his

or her agent(

s) for the land application of managed organic matter;

(

h) the intended commencement date and subsequent dates

for land application;

(

i) storage and leachate management requirements for

managed organic matter at the application site;

(

j) a physical description of the constituents,

including foreign matter, of the managed organic matter to be applied.

2 In addition to the requirements of

section 1,

the land application plan for managed organic matter must provide the following:

(

a) fecal coliform densities;

(

b) vector attraction reduction process or management

method;

(

c) the moisture content of the managed organic matter;

(

d) Total Kjeldahl Nitrogen (TKN) ( g/g) dry weight

basis;

(

e) ammonia plus ammonium and nitrate nitrogen ( g/g)

dry weight basis;

(

f) plant available phosphorus and potassium ( g/g) dry

weight basis;

(

g) calculation of soil conditioner and/or crop nutrient

requirements;

(

h) soil concentrations ( g/g) of substances set out in

Schedule 4 before application under the plan;

(

i) pH and electrical conductivity in the soil where the

managed organic matter is to be applied;

(

j) substance concentrations set out in

Schedule 4 in

the managed organic matter to be applied;

(

k) pH and electrical conductivity in the managed

organic matter to be applied.

3 In addition to the requirements of

section 1,

the land application plan must provide the following:

(

a) projected concentrations in soil of substances set

out in

Schedule 4 at the location of land application for each year after

application;

(

b) methods to measure soil concentrations of substances

set out in

Schedule 4 after each year's application;

(

c) management methods for specific conditions for each

site described within the plan or as specified by the manager;

(

d) special procedures if the plan is to land apply

Class B biosolids with fecal coliform levels greater than or equal to 1 000 MPN

per gram of total solids;

(

e) special procedures if the plan is to land apply

Class B biosolids that do not meet the vector attraction reduction process

requirements specified in this regulation;

(

f) special procedures if the plan is to land apply

Class B compost that does not meet the maturity requirements specified in this

regulation;

(

g) application rate in dry tonnes per hectare for each

year of the plan that provides the desired fertilizer nutrient levels and/or

soil conditioner levels required to establish and/or sustain the vegetation or

crops on the land application site, while at the same time minimizing the

potential for adverse environmental impacts;

(

h) a post-application monitoring plan if the proposed

application rates exceed the annual crop nutrient requirement, including

potential changes in soil and vegetation quality.

Schedule 8

Land Application Methods for Managed Organic Matter

1 Class B biosolids and Class B compost with

fecal coliform levels greater than or equal to 1 000 MPN per gram of total

solids, or that have not been processed to reduce vector attraction, must comply

with all of the following:

(

a) be applied only to land application sites with

restricted public access or use;

(

b) not be applied to land where the groundwater table

at the time of application is within one metre of the surface;

(

c) be applied only if

(

i) domestic animal grazing is restricted for 60 days

and food crops for human consumption with harvested parts above the surface of

the land are not to be grown for 18 months, and

(ii) food crops for human consumption with harvested

parts below the surface of the land are not to be grown for 38 months;

(

d) be applied with the following minimum distances:

(i) 30 metres to potable water sources and irrigation

wells, lakes, rivers, streams, farm dwellings and off-property occupied

dwellings or boundaries of property zoned for residences or recreation;

(ii) 20 metres to major arterial roads or highways;

(iii) 10 metres to minor public roads excluding logging

roads;

(

e) have visible signage, for 38 months after the most

recent application each road or path to the land application site; and for 38

months after the most recent application;

(

f) have signage that clearly indicates:

(

i) that the biosolids derived from a wastewater

treatment plant have been applied to the land application site, and

(ii) that the public should avoid ingesting plant

material from the site with harvested parts above the surface until the end of

the 18 month moratorium;

(iii) that the public should avoid ingesting plant

material from the site with harvested parts below the surface until the end of

the 38 month moratorium;

(iv) the domestic animal restrictions specified in

paragraph (

c) of this section;

(

v) a name and telephone number for additional

information.

2 Class B biosolids and Class B compost with

fecal coliform levels less than 1 000 MPN per gram of total solids that meet the

requirements for vector attraction reduction for Class B biosolids and Class B

compost specified in

Schedule 2 must

(

a) be applied with the following minimum distances:

(i) 30 metres to potable water sources and irrigation

wells, lakes, rivers, streams, farm dwellings and off-property occupied

dwellings or boundaries of property zoned for residences or recreation;

(ii) 20 metres to major arterial roads or highways;

(iii) 10 metres to minor public roads excluding logging

roads, and

(

b) not be applied to land where the groundwater table

at the time of application is within one metre of the surface.

Schedule 9

Generic Soil Standards for Cobalt, Molybdenum, Nickel and

Selenium

Where Managed Organic Matter Has Been Applied

1 Site-specific numeric soil standards for a land

application plan for managed organic matter may be developed using protocols

approved by the director.

2 The following soil standards, expressed in

g/g dry weight, must not be exceeded in soil to which managed organic matter

has been applied in accordance with a land application plan that does not

include site-specific standards:

Column 1

Column 2

Column 3

Column 4

Column 5

Column 6

Substance

Agricultural

Land (AL)

Urban Park

Land (UPL)

Residential

Land (RL)

Commercial

Land (CL)

Industrial

Land (IL)

Cobalt

Molybdenum

Nickel

Selenium

Schedule 10

Matrix Soil Standards for Arsenic, Cadmium, Chromium, Copper, Lead,

Mercury (Inorganic) and Zinc Where Managed Organic Matter Has Been Applied

1 Site-specific numeric soil standards for a land

application plan for managed organic matter may be developed using protocols

approved by the director.

2 Soil standards, expressed in g/g dry weight

in the following tables, must not be exceeded in soil to which managed organic

matter has been applied in accordance with a land application plan that does not

include site-specific standards.

Table 1 — Soil Standards: Arsenic 1

Column 1

Column 2

Column 3

Column 4

Column 5

Column 6

Note

Site-specific Factor

Agricultural

Land

(AL)

Urban Park

Land

(UPL)

Residential

Land

(RL)

Commercial

Land

(CL)

Industrial

Land

(IL)

Human Health Protection

Intake of contaminated soil

3, 4

Groundwater used for drinking water

Environmental Protection

Toxicity to soil invertebrates and plants

Livestock ingesting soil and fodder

Major microbial functional impairment

Groundwater flow to surface water used by aquatic life

Freshwater

Marine

Groundwater used for livestock watering

Groundwater used for irrigation watering

Notes

1 All values are in g/g unless otherwise stated. Substances must be analyzed using methods specified in protocols approved under

section 53 of the Contaminated Sites Regulation, B.C. Reg. 375/96, or alternate methods acceptable to the director.

2 The site-specific factors of human intake of contaminated soil and toxicity to soil invertebrates and plants specified in this matrix apply at all sites.

3 Standard has been derived based on results of clinical studies at sites. Standard represents the rounded sum of the toxicologically-based value plus the soil ingestion clinical study factor. For AL, PL and RL the soil ingestion clinical study factor is 80 g/g. For CL soil ingestion the clinical study factor is 240 g/g.

4 Intake pathway of exposure modeled is inadvertent ingestion of soil.

5 Standard has been adjusted based on a reference provincial background soil concentration. Standard represents the rounded sum of the toxicologically-based value plus the reference provincial background soil concentration. For all land uses, the reference provincial background soil concentration is 14.9 g/g.

6 NS — no standard. Insufficient acceptable scientific data exists, so no standard is calculated.

Table 2 — Soil Standards: Cadmium 1

Column 1

Column 2

Column 3

Column 4

Column 5

Column 6

Note

Site-specific Factor

Agricultural

Land

(AL)

Urban Park

Land

(UPL)

Residential

Land

(RL)

Commercial

Land

(CL)

Industrial

Land

(IL)

Human Health Protection

Intake of contaminated soil

3 or 35

3, 4, 5

Groundwater used for drinking water

pH < 6.5

1.5

6, 7

pH 6.5 - < 7.0

6, 7

pH 7.0 - < 7.5

6, 7

pH 7.5 - < 8.0

6, 7

pH > 8.0

1 000

6, 7

Environmental Protection

Toxicity to soil invertebrates and plants

Livestock ingesting soil and fodder

Major microbial functional impairment

Groundwater flow to surface water used by aquatic life Freshwater

pH < 7.0

6, 7

pH 7.0 - < 7.5

2.5

6, 7

pH 7.5 - < 8.0

6, 7

pH > 8.0

6, 7

Groundwater flow to surface water used

by aquatic life Marine

pH < 7.0

6, 7

pH 7.0 - < 7.5

3.5

6, 7

pH 7.5 - < 8.0

6, 7

pH > 8.0

6, 7

Groundwater used for livestock watering

pH < 6.0

2.5

6, 7

pH 6.0 - < 6.5

6, 7

pH 6.5 - < 7.0

6, 7

pH 7.0 - < 7.5

6, 7

pH 7.5 - < 8.0

3 000

6, 7

pH > 8.0

20 000

6, 7

Groundwater used for irrigation watering

pH < 6.5

6, 7

pH 6.5 - < 7.0

6, 7

pH 7.0 - < 7.5

6, 7

pH 7.5 - < 8.0

6, 7

pH > 8.0

1 000

6, 7

Notes

1 All values in g/g unless otherwise stated.

Substances must be analyzed using methods specified in protocols approved under

section 53 of the Contaminated Sites Regulation, B.C. Reg. 375/96, or alternate

methods acceptable to the director.

2 The site-specific factors of human intake of

contaminated soil and toxicity to soil invertebrates and plants specified in

this matrix apply at all sites.

3 If land is used to grow produce for human

consumption, the standard is 3 g/g; if not, the standard is 35 g/g.

4 The 3 g/g standard has been derived based on

results of clinical studies at sites. It represents the rounded remainder of the

toxicologically-based value, 35 g/g, minus the soil ingestion clinical study

factor, 32 g/g.

5 Intake pathway of exposure modeled is inadvertent

ingestion of soil.

6 The pH is the pH of the soil at a site.

7 Standard has been adjusted based on a reference

provincial background soil concentration. Standard represents the rounded sum of

the toxicologically-based value plus the reference provincial background soil

concentration. For all land uses, the reference provincial background soil

concentration is 1.3 g/g.

8 NS — no standard. Insufficient acceptable

scientific data exists, so no standard is calculated.

Table 3 — Soil Standards: Chromium 1

Column 1

Column 2

Column 3

Column 4

Column 5

Column 6

Note

Site-specific Factor

Agricultural

Land

(AL)

Urban Park

Land

(UPL)

Residential

Land

(RL)

Commercial

Land

(CL)

Industrial

Land

(IL)

Human Health Protection

Intake of contaminated soil

3, 4

Groundwater used for drinking water

5, 6

Environmental Protection

Toxicity to soil invertebrates and plants

Livestock ingesting soil and fodder

Major microbial functional impairment

5, 8

Groundwater flow to surface water used by aquatic life

Freshwater

4, 8

6, 7

Marine

4, 6

6, 7

Groundwater used for livestock watering

Groundwater used for irrigation watering

Notes

1 All values in g/g unless otherwise stated.

Substances must be analyzed using methods specified in protocols approved under

section 53 of the Contaminated Sites Regulation, B.C. Reg. 375/96, or alternate

methods acceptable to the director.

2 The site-specific factors of human intake of

contaminated soil and toxicity to soil invertebrates and plants specified in

this matrix apply at all sites.

3 Intake pathway of exposure modeled is inadvertent

ingestion of soil.

4 Standard is for chromium+6.

5 Standard is for chromium (total).

6 Standard has been adjusted based on a reference

provincial background soil concentration. Standard represents the rounded sum of

the toxicologically-based value plus the reference provincial background soil

concentration. For all land uses, the reference provincial background soil

concentration is 58.9 g/g.

7 Standard is for chromium+3.

8 Standard is set equal to the Canadian Council of

Ministers of the Environment, 1999 — Nutrient and energy cycling check value.

9 Standard is applicable to both chromium+3 and

chromium+6.

Table 4 — Soil Standards: Copper 1

Column 1

Column 2

Column 3

Column 4

Column 5

Column 6

Note

Site-specific Factor

Agricultural

Land

(AL)

Urban Park

Land

(UPL)

Residential

Land

(RL)

Commercial

Land

(CL)

Industrial

Land

(IL)

Human Health Protection

Intake of contaminated soil

15 000

50 000

Groundwater used for drinking water

pH < 5.0

4, 5

pH 5.0 - < 5.5

4, 5

pH 5.5 - < 6.0

1 500

4, 5

pH 6.0 - < 6.5

15 000

4, 5

pH > 6.5

350 000

4, 5

Environmental Protection

Toxicity to soil invertebrates and plants

Livestock ingesting soil and fodder

Major microbial functional impairment

Groundwater flow to surface water used by aquatic life

pH < 5.0

4, 5

pH 5.0 - < 5.5

4, 5

pH 5.5 - < 6.0

4, 5

pH 6.0 - < 6.5

1 500

4, 5

pH > 6.5

30 000

4, 5

Groundwater used for livestock watering

pH < 5.0

4, 5

pH 5.0 - < 5.5

4, 5

pH 5.5 - < 6.0

4, 5

pH 6.0 - < 6.5

5 000

4, 5

pH > 6.5

90 000

4, 5

Groundwater used for irrigation watering

pH < 5.0

4, 5

pH 5.0 - < 5.5

4, 5

pH 5.5 - < 6.0

4, 5

pH 6.0 - < 6.5

3 500

4, 5

pH > 6.5

75 000

4, 5

Notes

1 All values in g/g unless otherwise stated. Substances must be analyzed using methods specified in protocols approved under

section 53 of the Contaminated Sites Regulation, B.C. Reg. 375/96, or alternate methods acceptable to the director.

2 The site-specific factors of human intake of contaminated soil and toxicity to soil invertebrates and plants specified in this matrix apply at all sites.

3 Intake pathway of exposure modeled is inadvertent ingestion of soil.

4 The pH is the pH of the soil at a site.

6 Standard is applicable to livestock other than sheep. Consult director for further advice.

7 NS — no standard. Insufficient acceptable scientific data exists, so no standard is calculated.

Table 5 — Soil Standards: Lead 1

Column 1

Column 2

Column 3

Column 4

Column 5

Column 6

Note

Site-specific Factor

Agricultural

Land

(AL)

Urban Park

Land

(UPL)

Residential

Land

(RL)

Commercial

Land

(CL)

Industrial

Land

(IL)

Human Health Protection

Intake of contaminated soil

1 000

3, 4

Groundwater used for drinking water

pH < 6.0

5, 6

pH 6.0 - < 6.5

5, 6

pH > 6.5

4 000

5, 6

Environmental Protection

Toxicity to soil invertebrates and plants

1 000

2 000

Livestock ingesting soil and fodder

Major microbial functional impairment

Groundwater flow to surface water used by aquatic life

pH < 5.5

5, 6

pH 5.5 - < 6.0

5, 6

pH 6.0 - < 6.5

2 000

5, 6

pH > 6.5

40 000

5, 6

Groundwater used for livestock watering

pH < 5.5

5, 6

pH 5.5 - < 6.0

5, 6

pH 6.0 - < 6.5

1 500

5, 6

pH > 6.5

30 000

5, 6

Groundwater used for Irrigation watering

pH < 5.5

5, 6

pH 5.5 - < 6.0

5, 6

pH 6.0 - < 6.5

3 500

5, 6

pH > 6.5

100 000

5, 6

Notes

1 All values in g/g unless otherwise stated. Substances must be analyzed using methods specified in protocols approved under

section 53 Contaminated Sites Regulation, B.C. Reg. 375/96, or alternate methods acceptable to the director.

2 The site-specific factors of human intake of contaminated soil and toxicity to soil invertebrates and plants specified in this matrix apply at all sites.

3 Intake pathway of exposure modeled is inadvertent ingestion of soil.

4 Standard has been derived based on clinical studies at sites. Standard represents the rounded sum of the toxicologically-based value, 115 g/g, plus the soil ingestion clinical study factor, 385 g/g. For CL soil ingestion the clinical study factor is 650 g/g.

5 The pH is the pH of the soil at a site.

6 Standard has been adjusted based on a reference provincial background soil concentration. Standard represents the rounded sum of the toxicologically-based value plus the reference provincial background soil concentration. For all land uses, the reference provincial background soil concen-tration is 108.6 g/g.

7 NS — no standard. Insufficient acceptable scientific data exists, so no standard is calculated.

Table 6 — Soil Standards: Mercury (inorganic) 1

Column 1

Column 2

Column 3

Column 4

Column 5

Column 6

Note

Site-specific Factor

Agricultural

Land

(AL)

Urban Park

Land

(UPL)

Residential

Land

(RL)

Commercial

Land

(CL)

Industrial

Land

(IL)

Human Health Protection

Intake of contaminated soil

Groundwater used for drinking water

Environmental Protection

Toxicity to soil invertebrates and plants

Livestock ingesting soil and fodder

0.6

Major microbial functional impairment

Groundwater flow to surface water used by aquatic life Freshwater or

Marine

Groundwater used for livestock watering

Groundwater used for irrigation watering

Notes

1 All values are in g/g unless otherwise stated. Substances must be analyzed using methods specified in protocols approved under

section 53 of the Contaminated Sites Regulation, B.C. Reg. 375/96, or alternate methods acceptable to the director.

2 The site-specific factors of human intake of contaminated soil and toxicity to soil invertebrates and plants specified in this matrix apply at all sites.

3 Intake pathway of exposure modeled is inadvertent ingestion of soil.

4 NS — no standard. Insufficient acceptable scientific data exists, so no standard is calculated.

5 Standard is set equal to the Canadian Council of Ministers of the Environment, 1999 - Nutrient and energy cycling check value.

Table 7 — Soil Standards: Zinc 1

Column 1

Column 2

Column 3

Column 4

Column 5

Column 6

Note

Site-specific Factor

Agricultural

Land

(AL)

Urban Park

Land

(UPL)

Residential

Land

(RL)

Commercial

Land

(CL)

Industrial

Land

(IL)

Human Health Protection

Intake of contaminated soil

10 000

30 000

Groundwater used for drinking water

pH < 5.0

4, 5

pH 5.0 - < 5.5

4, 5

pH 5.5 - < 6.0

4, 5

pH 6.0 - < 6.5

1 000

4, 5

pH 6.5 - < 7.0

7 500

4, 5

pH > 7.0

15 000

4, 5

Environmental Protection

Toxicity to soil invertebrates and plants

Livestock ingesting soil and fodder

Major microbial functional impairment

Groundwater flow to surface water used by aquatic life Freshwater

pH < 6.0

4, 5, 7

pH 6.0 - < 6.5

4, 5, 7

pH 6.5 - < 7.0

1 500

4, 5, 7

pH > 7.0

3 000

4, 5, 7

Groundwater flow to surface water used by aquatic life Marine

pH < 6.5

4, 5, 7

pH 6.5 - < 7.0

4, 5, 7

pH 7.0 - < 7.5

2 000

4, 5, 7

pH > 7.5

35 000

4, 5, 7

Groundwater used for livestock watering

pH < 5.5

4, 5

pH 5.5 - < 6.0

4, 5

pH 6.0 - < 6.5

4, 5

pH 6.5 - < 7.0

3 000

4, 5

pH > 7.0

7 000

4, 5

Groundwater used for irrigation watering

pH < 6.0

4, 5

pH 6.0 - < 6.5

4, 5

pH 6.5 - < 7.0

3 000

4, 5

pH > 7.0

15 000

4, 5

Notes

1 All values in g/g unless otherwise stated. Substances must be analyzed using methods specified in protocols approved under

section 53 of the Contaminated Sites Regulation, B.C. Reg. 375/96, or alternate methods acceptable to the director.

2 The site-specific factors of human intake of contaminated soil and toxicity to soil invertebrates and plants specified in this matrix apply at all sites.

3 Intake pathway of exposure modeled is inadvertent ingestion of soil.

4 The pH is the pH of the soil at a site.

6 Standard is set equal to the Canadian Council of Ministers of the Environment, 1999 - Nutrient and energy cycling check value.

7 Standard varies with receiving water hardness (H). H = 100 - < 200 mg/L as CaCO3 is assumed.

Consult director for further advice.

Schedule 11

Requirements for Biosolids Growing Medium

1 Biosolids growing medium must be derived from either Class A biosolids or Class B biosolids that meet the pathogen and vector attraction reduction requirements for Class A biosolids specified in Schedules 1, 2, and 3.

2 The following standards for biosolids growing medium must be met:

(

a) substance concentrations, listed in

Schedule 4, Column 2;

(

b) Total Kjeldahl Nitrogen (TKN) < 0.6 per cent by weight;

(

c) carbon to nitrogen ratio, (C:

N) ratio must be > 15:1;

(

d) organic matter content must not exceed 15 per cent dry weight.

Schedule 12

Organic Matter Suitable for Composting

1 Only the organic matter in the following table may be composted into Class A compost or Class B compost:

Table — Organic Matter Used for Composting

Column 1 — Organic Matter

Column 2 — Constituents of Organic Matter

animal bedding

animal bedding derived from straw, paper, hog fuel, wood chips, bark, shavings or sawdust.

biosolids

stabilized municipal sewage sludge resulting from a municipal waste

water treatment process or septage treatment process which has been

sufficiently treated to reduce pathogen densities and vector attraction

to allow the sludge to be beneficially recycled in accordance with the

requirements of this regulation.

brewery waste/winery waste

used or diverted grain, malt, hop flowers, berries, fruit, leaves and

twigs and yeast resulting from brewing or wine making process.

domestic septic tank sludge

sludge removed from a septic tank used for receiving, treating and

settling domestic sewage.

fish wastes

fish carcasses and parts from harvested wild stocks, commercial

aquaculture operations and fish processing facilities. This would

include offal, viscera and mortalities from fish and shellfish. It would

also include faeces captured from commercial aquaculture net pens.

food waste

recyclable food for humans that has been diverted from residential,

commercial or institutional sources.

hatchery waste

broken or unhatched eggs, unhatched chicks, membranes, embryonic

fluids and eggshell.

manure

animal excreta from pets, animals in zoological facilities, fish held

in commercial aquaculture or aquarium facilities, livestock, farmed game

or poultry, this does not include the management of animal excreta

(manure) on farms as defined as agricultural waste in B.C. Reg. 131/92

but does include animal excreta (manure) not included within the scope

of B.C. Reg. 131/92.

milk processing waste

sludge or biomass from treatment of milk or fluid milk which has been

diverted from human food consumption.

plant matter derived from processing plants

fruit, vegetable and vegetative material derived from fruit and

vegetable processing plants, these are materials which have been removed

from an agricultural operation and no longer fit within the definition

of agricultural waste (agricultural vegetation waste) as defined in B.C.

Reg. 131/92.

poultry carcasses

carcasses of domestic fowls, such as chickens, turkeys, ducks or

geese, raised for meat or eggs. This would include offal and viscera as

well as mortalities from fowl which died from reported "Federally

Reported Diseases".

untreated and unprocessed wood residuals

clean (non-contaminated and untreated) wood from lumber manufacture,

e.g. shavings, sawdust, chips, hog fuel, ground mill ends and land

clearing waste which has been ground with the majority of the greenery

removed and no soil present but does not include construction and

demolition debris.

whey

the serum or watery part of milk that remains after the manufacture

of cheese.

yard waste

clean and untreated wood waste or non-food vegetative matter

resulting from gardening operations, landscaping, and land clearing;

yard waste does not include wood waste derived from construction or

demolition. Neither human or animal food waste that is diverted from

residential, commercial or institutional sources, nor manure, is yard

waste.

Schedule 13

Notification

1 The discharger must submit the following

information to the manager at least 30 calendar days before the intended land

application:

(

a) full legal name and address of the discharger

.....................................................

(

b) name of the local contact and local address for the

discharger of managed organic matter

..............................................................................................................................

(

c) street address and legal description of the land

application .................................

(

d) registered owner of the land upon which the land

application of managed organic matter

will take place

........................................................................................................

(

e) land upon which the land application of managed

organic matter will take place is

(

i) in the Agricultural Land Reserve (ALR)? Yes

.................. No ....................

(ii) Forest Land Reserve (FLR)? Yes ................. No

................

(iii) a watershed used for a permitted water supply

under B.C. Reg. 230/92, the Safe Drinking Water Regulation? Yes

.................... No ....................

(iv) agricultural land? Yes .................... No

....................

(

f) If ALR or agricultural land, will it be used

(

i) to grow edible crops with harvested parts above

ground?

Yes .................... No ....................

(ii) to grow edible crops with harvested parts below

ground?

Yes .................... No ....................

(iii) for tree crops? Yes .................... No

....................

(iv) for livestock grazing? Yes .................... No

....................

(

v) for forage crops? Yes .................... No

....................

(

g) any previous waste management permit number, if

known .........................................

(

h) description of the managed organic matter to be

applied ...........................................

(

i) intended date(

s) for land application for that year

.......................................................

(

j) application rate(s)

.....................................................................................................

(

k) cumulative additions for that year of substances

listed in

Schedule 4 ..........................

(

l) pre-approved, site-specific numeric soil standards,

if applicable .................................

(

m) attached map and/or plan identifying the bounds of

the land application site.

(

n) written authorization by registered owner or lessee

for the land application of managed organic matter attached.

Document details

Collection	British Columbia — Gazette
Citation	B.C. Reg. 18/2002
Type	gazette
Volume / chapter	bcgaz2 v45n02 18 2002
Language	en
Format	xml
Source	PROVINCIAL
Identifier	6ea475495bd4a3f1a498a74518efc9bb3f4098d7

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