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Volume 53, No. 25

B.C. Reg. 381/2010

The British Columbia Gazette,

Part II

December 28, 2010

B.C. Reg. 381/2010 , deposited December 23, 2010, pursuant to the ENVIRONMENTAL MANAGEMENT ACT [Sections 22 and 138]. Ministerial Order M371/2010, dated December 15, 2010.

I, Murray Coell, Minister of Environment, order that the Code of Practice for the Slaughter and Poultry Processing Industries, B.C. Reg. 246/2007, is amended as set out in the attached Schedule.

— M. COELL, Minister of Environment .

Schedule

Section 1 of the Code of Practice for the Slaughter and Poultry Processing Industries, B.C. Reg. 246/2007, is amended

(

a) by repealing the

definitions of " agronomically sound rate " and "processing waste " and substituting the following:

"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;

"processing waste" means wastewater, solid waste and semi-solid waste; ,

(

b) in the definition of " incinerator " by adding " , semi-solid waste or compost product " after " solid waste ",

(

c) in the definition of " landfill " by adding " semi-solid waste or compost product, " after " solid waste, ", and

(

d) by adding the following

definitions:

"agricultural operations" means operations or activities carried out on farms for purposes of agriculture, including, but not limited to

(

a) producing or keeping of livestock, poultry, farmed game, fur bearing animals, crops, grain, vegetables, milk, eggs, honey, mushrooms, horticultural products, trees, tree fruits or berries, and

(

b) operating machinery and equipment for agricultural waste management or for applying fertilizers and soil conditioners;

"average precipitation" , for an area, means the most recently available average monthly precipitation figures published for the area by Environment Canada;

"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;

"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;

"land application" means the application to land of compost product;

"leachate" means

(

a) effluent originating from solid waste or semi-solid waste being received, processed, composted, cured or stored on a farm,

(

b) effluent originating from compost product being received, processed, stored or applied to land on a farm, or

(

c) 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;

"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;

"semi-solid waste" means blood, fat, oil and grease that is separated from processing water;

"specified risk material" means

(

a) the skull, brain, trigeminal ganglia, eyes, tonsils, spinal cord and dorsal root ganglia of cattle aged 30 months or older, and

(

b) the distal ileum of cattle; .

Section 2 is amended

(

a) in subsection (1) (d) (

i) by adding " or 26 " after " under

section 8 (3) ", and

(

b) by repealing subsection (2) and substituting the following:

(2) 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

(

a) the products the person produces from either of those industries are for the person's personal use and not for sale, or

(

b) the person

(

i) carries out an agricultural operation, and

(ii) produces

(

A) less than 5 tonnes of live weight killed red meat per year if engaged in the slaughter industry, or

(

B) less than 1.5 tonnes of live weight killed poultry per year if engaged in the poultry processing industry.

Section 4 is repealed and the following substituted:

Exception

4 A person engaged in the slaughter industry or the poultry processing industry is not required to comply with

Part 3 or 4 if

(

a) the products the person produces from either of those industries are for the person's personal use and not for sale, or

(

b) the person

(

i) carries out an agricultural operation, and

(ii) produces

(

A) less than 5 tonnes of live weight killed red meat per year if engaged in the slaughter industry, or

(

B) less than 1.5 tonnes of live weight killed poultry per year if engaged in the poultry processing industry.

Section 7 is amended

(

a) by repealing subsection (4) and substituting the following:

(4) A category B facility that has discharged wastewater contrary to subsection (1) May resume discharging wastewater into the subsurface of the ground only if

(

a) the discharge is carried out in accordance with a revised or new design remedying the subsurface wastewater disposal system, and

(

b) the design is prepared by a qualified professional. ,

(

b) in subsection (5) (

d) by adding " wastewater " after " the subsurface ", and

(

c) by adding the following subsection:

(6) 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 if

(

a) the discharge is carried out in accordance with a revised or new design remedying the subsurface wastewater disposal system, and

(

b) the design is prepared by a qualified professional.

5 The heading of

Part 4 is repealed and the following substituted:

Part 4 — Discharge and Disposal of Solid Waste and Semi-Solid Waste

6 The following Division is added:

Division 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

(

a) disposing of the solid waste or semi-solid waste in a landfill in accordance with Division 1 of this Part,

(

b) incinerating the solid waste or semi-solid waste in accordance with Division 2 of this Part, or

(

c) composting the solid waste or semi-solid waste in accordance with Division 3 of this Part and doing one of the following:

(

i) disposing of the compost product in a landfill in accordance with Division 1 of this Part;

(ii) 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.

Section 10 (2) is amended

(

a) in paragraph (

a) by adding " semi-solid waste, compost product or any combination of solid waste, semi-solid waste or compost product. " after " solid waste ", and

(

b) by striking out paragraph (

b) and substituting the following:

(

b) in an area in the Province for which the sum of the average precipitation for a year exceeds 600 mm, .

Section 11 (1) is amended by striking out " Solid waste " and substituting " Solid waste, semi-solid waste or compost product ".

Section 13 is amended in by striking out paragraphs (

a) and (

c) and substituting the following:

(

a) the date of disposal of solid waste, semi-solid waste or compost product made at the landfill;

(

c) the type and quantity, by mass, of solid waste, semi-solid waste or compost product disposed of at the landfill.

Section 14 (4) is amended by adding " , semi-solid waste or compost product " after " solid waste ".

Section 19 is amended in subsection (4) (

b) by adding " , semi-solid waste or compost product " after " solid waste ".

12 The following Division is added to

Part 4:

Division 3 — Composting

Storage requirements of solid waste and semi-solid waste before composting

(1) 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:

(

a) store the solid waste or semi-solid waste in a covered container;

(

b) locate the solid waste or semi-solid waste

(

i) at least 15 metres from any watercourse,

(ii) 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;

(

c) take measures to

(

i) prevent the attraction of and access by wildlife,

(ii) control odour caused by the storage,

(iii) prevent the attraction of vectors, and

(iv) prevent the escape of solid waste, semi-solid waste or leachate.

(2) 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.

Amount and type of solid waste and semi-solid waste that May be composted

21 A person May compost solid waste or semi-solid waste under this Division if

(

a) the quantity of the solid waste and semi-solid waste does not exceed

(i) 30 tonnes per year of solid waste and semi-solid waste from red meat,

(ii) 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

(

b) in the case of compost product being land applied, the solid waste or semi-solid waste is generated

(

i) 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,

(ii) 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, or

(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.

Composting requirements

(1) A person who composts solid waste or semi-solid waste must do all of the following:

(

a) locate the solid waste or semi-solid waste being composted

(

i) at least 15 metres from any watercourse,

(ii) 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;

(

b) cover the solid waste or semi-solid waste being composted from October 1 to April 1 inclusive in the following areas:

(

i) the Fraser Valley Regional District;

(ii) the Greater Vancouver Regional District;

(iii) Vancouver Island;

(iv) any area of the Province for which the sum of the average precipitation for the months of October to April inclusive exceeds 600 mm;

(

c) take measures to

(

i) prevent the attraction of and access by wildlife,

(ii) control fugitive dust and odour caused by the storage,

(iii) prevent the attraction of vectors, and

(iv) prevent the escape of solid waste, semi-solid waste or leachate.

(2) 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.

Time and temperature requirements

(1) When composting solid waste or semi-solid waste, a person must ensure the following:

(

a) the temperature of the compost must be raised to 40 C or higher and maintained for 5 days;

(

b) the temperature of the compost must exceed 55 C for 4 hours during the 5-day period;

(

c) 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

(

i) the curing piles must be formed in a location where the ambient temperature remains in the range of 5 to 30 C, and

(ii) the compost must not re-heat on standing to greater than 20 C above ambient temperature.

(2) A person composting solid waste or semi-solid waste must keep

(

a) a daily record of temperature and retention time during the composting process described in subsection (1), and

(

b) a record of the number of tonnes of the following types of waste that are composted each year:

(

i) solid waste or semi-solid waste from red meat;

(ii) solid waste or semi-solid waste from poultry processing.

(3) The temperatures for the daily record required under subsection (2) must be measured at the same time every day during the composting process.

Storage requirements for compost product

(1) 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.

(2) 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.

(3) A person storing compost product must take measures to

(

a) prevent the attraction of and access by wildlife,

(

b) control fugitive dust and odour caused by the storage,

(

c) prevent the attraction of vectors, and

(

d) prevent the escape of solid waste, semi-solid waste or leachate.

(4) 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.

(5) 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:

(

a) the Fraser Valley Regional District;

(

b) the Greater Vancouver Regional District;

(

c) Vancouver Island;

(

d) any area of the Province for which the sum of the average precipitation for the months of October to April inclusive exceeds 600 mm.

(6) Compost product May be stored on a field for

(

a) 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

(

b) 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.

Land application — soil testing

(1) 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 in

section 26 (2) (

c) and (d).

(2) Before the land application of compost product,

(

a) the registered owner, or

(

b) 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.

(3) 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.

(4) 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

(

a) within 30 days of the one-year anniversary of the date the compost product was first land applied to the areas of land, and

(

b) 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).

(5) 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.

(6) A person carrying out a soil test under this

section must keep records of the soil test results.

Land application — nutrient management plan

(1) A person intending to land apply compost product must

(

a) have a nutrient management plan prepared to ensure that the land application is beneficial to plant growth, and

(

b) ensure that the nutrient management plan described in this

section is carried out.

(2) A nutrient management plan must include the following information about the land to which compost product is applied:

(

a) the pH level in each pile of compost product;

(

b) the level of nutrients in the compost product, including the levels of the following nutrients:

(

i) the total organic carbon to organic nitrogen ratio;

(ii) total nitrogen;

(iii) ammonium nitrogen;

(iv) total phosphorus;

(

v) total potassium;

(

c) the pH level in the soil to which the compost product is being applied;

(

d) the level of nutrients in the soil to which the compost product is being land applied, including the levels of the following nutrients:

(

i) available phosphorus;

(ii) available potassium;

(iii) nitrate-nitrogen;

(iv) ammonia-nitrogen;

(

e) a calculation of crop nutrient requirements;

(

f) a calculation of the rate of application;

(

g) a description of the method of application, including whether the compost product will be incorporated into the soil.

(3) 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.

(4) 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.

Land application — control measures

(1) When land applying compost product, a person must ensure that

(

a) the compost product is not directly discharged into surface water or groundwater, and

(

b) runoff or escape of the compost product does not go beyond the boundary of the farm where the compost product is being land applied.

(2) A person must not land apply compost product

(

a) on frozen land,

(

b) in diverting winds,

(

c) on land with standing water or snow,

(

d) on saturated soil, or

(

e) at rates of application that exceed the amount required for crop growth.

(3) A person must not land apply compost product if the compost product contains

(

a) identifiable parts of the slaughtered animals,

(

b) more than 1% foreign matter by dry weight, or

(

c) any sharp foreign matter in a size or shape that could cause injury.

(4) A person who land applies compost product that contains specified risk material must comply with all of the following:

(

a) ensure domestic animal grazing is restricted for 5 years on land on which the compost product is applied;

(

b) must not land apply compost product on land used for growing food crops for human consumption.

Notification of land application

(1) 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" ,

(

a) 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

(

b) 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.

(2) A person who intends to land apply compost product must provide

(

a) notification of the proposed initial land application to the director at least 30 days before the proposed initial land application, and

(

b) in successive years, notification of any proposed land application 30 days before the proposed first land application.

(3) The notification under subsection (2) must include all of the following information:

(

a) the full name and address of the registered owner of the land where the compost product is being land applied;

(

b) the full name and address of the person land applying the compost product, if different from the person described in paragraph (a);

(

c) 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;

(

d) the address and location of the land where the compost product is being land applied;

(

e) a description of what the land where the compost product is being land applied will be used for during the reporting year;

(

f) confirmation that a nutrient management plan under

section 26 has been prepared for the land application;

(

g) the full name and address of the person who prepared the nutrient management plan;

(

h) 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;

(

i) any other information required by the director.

(4) The director may, after receipt of a notification under this section, request additional information.

(5) 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.

Notification of change

(1) 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.

(2) The proponent providing a notification of change under subsection (1) must not land apply compost product until the earlier of the following dates:

(

a) the date the director sends a notice in writing signed by the director stating that the proponent May land apply the compost product;

(

b) the date that is 30 days after the date the proponent provided the notification of change to the director.

(3) The director may, after receipt of a notification of change under this section, request additional information.

(4) 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:

(

a) the date the director sends a notice in writing signed by the director stating that the proponent May land apply the compost product;

(

b) the date that is 30 days after the date the proponent has provided the additional information to the director.

(5) 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:

(

a) soil testing is carried out in accordance with

section 25;

(

b) a nutrient management plan is prepared in accordance with

section 26.

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