The Alberta Gazette

Part I

Vol. 118 Edmonton, Monday, January 31, 2022 No. 02

APPOINTMENTS

Appointment of Part-time Provincial Court Judge

(Provincial Court Act)

January 1, 2022

Honourable Judge Terrence Joseph Matchett

For a term to expire September 2, 2023.

January 1, 2022

Honourable Judge Catherine Mary Skene

For a term to expire September 24, 2026.

Reappointment of Ad Hoc Justice of the Peace

(Justice of the Peace Act)

January 12, 2022

James Kevin Conley

Stafford Trent Gorsalitz

Edward Paul Newcombe

For a term to expire January 11, 2023.

Reappointment of Full-time Provincial Court Judge

(Provincial Court Act)

January 6, 2022

Honourable Judge John David Bascom

For a term to expire January 5, 2023.

January 9, 2022

Honourable Judge Gordon Keith Krinke

For a term to expire January 8, 2023.

Reappointment of Part-time Provincial Court Judge

(Provincial Court Act)

December 30, 2021

Honourable Judge Victor Thomas Tousignant

For a term to expire December 29, 2022.

Reappointment of Supernumerary Provincial Court Judge

(Provincial Court Act)

January 4, 2022

Honourable Judge Philip John Maher

For a term to expire January 3, 2024.

January 18, 2022

Honourable Judge Peter Paul Ayotte

For a term to expire January 17, 2024.

GOVERNMENT NOTICES

Culture and Status of Women

Hosting Expenses Exceeding $600.00

For the Period July 1, 2021 to September 30, 2021

Function: Hindu Heritage Month

Purpose: To celebrate the Alberta Government's proclamation of August as Hindu

Heritage Month in both Edmonton and Calgary.

Date: August 19 and August 26, 2021

Amount: $5,713.70

Location: Edmonton and Calgary, Alberta

Order Rescinding a Provincial Historic Resource

(Historical Resources Act)

File: Des. 2005

MO 01/22

I, Ronald Orr, Minister of Culture, pursuant to

Section 20(15) of the Historical

Resources Act, R.S.A. 2000 C. H-9, HEREBY RESCIND the Ministerial Order

designating Obadiah Place as a Provincial Historic Resource, and registered in the

Alberta Land Titles office as instrument 992 056 682.

Dated at Edmonton, Alberta, January 11, 2022.

Ronald Orr, Minister.

Energy

Production Allocation Unit Agreement

(Mines and Minerals Act)

Notice is hereby given, pursuant to

section 102 of the Mines and Minerals Act, that

the Minister of Energy on behalf of the Crown has executed counterparts of the

agreement entitled "Production Allocation Unit Agreement - Ferrier Cardium

Agreement No. 16" and that the Unit became effective on June 1, 2021.

Notice is hereby given, pursuant to

section 102 of the Mines and Minerals Act, that

the Minister of Energy on behalf of the Crown has executed counterparts of the

agreement entitled "Production Allocation Unit Agreement - Wembley Montney

Agreement No. 26" and that the Unit became effective on April 1, 2021.

Notice is hereby given, pursuant to

section 102 of the Mines and Minerals Act, that

the Minister of Energy on behalf of the Crown has executed counterparts of the

agreement entitled "Production Allocation Unit Agreement - Wembley Montney

Agreement No. 27" and that the Unit became effective on April 1, 2021.

Notice is hereby given, pursuant to

section 102 of the Mines and Minerals Act, that

the Minister of Energy on behalf of the Crown has executed counterparts of the

agreement entitled "Production Allocation Unit Agreement - Wembley Montney

Agreement No. 28" and that the Unit became effective on April 1, 2021.

Notice is hereby given, pursuant to

section 102 of the Mines and Minerals Act, that

the Minister of Energy on behalf of the Crown has executed counterparts of the

agreement entitled "Production Allocation Unit Agreement - Wembley Montney

Agreement No. 29" and that the Unit became effective on April 1, 2021.

Environment and Parks

Code of Practice for Compost Facilities

Made under the Environmental Protection and Enhancement Act

and the Waste Control Regulation

(Effective January 14, 2022)

DEFINITIONS

1(1) All

definitions in the Environmental Protection and Enhancement Act and

associated regulations shall apply, except where expressly defined in this Code of

Practice.

(2) For the purpose of this Code of Practice,

(a) "Acceptable Feedstock and Amendment List for Compost Facilities" means

the Acceptable Feedstock and Amendment List for Compost Facilities made

under this Code of Practice, as amended or replaced from time to time;

(b) "Act" means the Environmental Protection and Enhancement Act, RSA

2000, c. E-12, as amended;

(c) "active composting area" means the physical location where feedstock is

processed during the active phase of composting but does not include a

curing area;

(d) "actively composting material" means material that is undergoing

composting in the active composting area;

(e) "admixture" means a product added to compost including but not limited to

gypsum, lime, peat or sand to make speciality compost products;

(f) "aerated static pile composting" means a method of composting that:

(

i) involves mechanically moving air through a compost pile, and

(ii) involves minimal or no agitation or turning of the compost pile;

(g) "aerobic conditions" means an environment that is conducive to the

microbial degradation of organic solid waste in the presence of oxygen;

(h) "amendment" means any waste:

(

i) that is specified as an amendment in the Acceptable Feedstock and

Amendment List for Compost Facilities, as amended or

(ii) used as a bulking agent during composting but does not include

admixtures;

(i) "amendment storage area" means the physical location at a compost facility

that is used to store amendments and admixtures;

(j) "baseline groundwater quality" means the quality of groundwater, in a

particular groundwater zone, that is representative of groundwater prior to

the start of composting operations;

(k) "bulking agent" means an amendment added to a mixture of feedstock to

improve the structure and free air space of the mixture during composting;

(l) "certified operator" means an individual who has obtained the required

certification under the Alberta Landfill and Compost Facility Operator

Certification Guidelines (2019), published by Alberta Environment and

Parks, as amended or replaced from time to time;

(m) "Code of Practice" means the Code of Practice for Compost Facilities, as

amended or replaced from time to time;

(n) "compost" means a stable humus-like material produced from composting;

(o) "composting" means a controlled bio-oxidation process, including a

thermophilic phase, of a solid heterogeneous organic substrate, that results

in a stable, humus-like material;

(p) "curing" means the final stage of composting, in which stabilization of

compost continues but the rate of decomposition is slowed to a point where

turning or forced aeration of material is no longer necessary;

(q) "curing area" means the physical location at a compost facility that is used

for curing;

(r) "day" means any period of 24 consecutive hours;

(s) "dead animal" means dead animal as defined in the Disposal of Dead

Animals Regulation (AR 132/2014) as amended;

(t) "design capacity" means the volume in cubic metres of feedstock that a

Class I or Class II compost facility is capable of processing per year;

(u) "feedstock" means any waste that is specified as a feedstock or amendment

in the Acceptable Feedstock and Amendment List for Compost Facilities, as

amended;

(v) "feedstock preparation area" means the area where feedstocks are received

and temporarily placed for processing prior to active composting;

(w) "free air space" means a measure of space between individual particles in a

composting pile that are filled with air;

(x) "fugitive dust" means particulate matter that is generated by, emitted from,

and escapes from a Class I or Class II compost facility;

(y) "groundwater" means groundwater as defined in the Water Act, RSA 2000, c

W-3, as amended or replaced from time to time;

(z) "groundwater monitoring well" means a water well as defined in the Water

Act, RSA 2000, c W-3, as amended or replaced from time to time, that is

used to measure groundwater levels and collect groundwater samples for the

purpose of physical, chemical, or biological analysis;

(aa) "groundwater parameter" means any of the parameters listed in

Schedule A

to this Code of Practice;

(bb) "groundwater quality control limit" means an established threshold for a

groundwater parameter;

(cc) "hydraulic conductivity" means the ease with which a fluid can be

transported through a material;

(dd) "ISO/IEC 17025" means the international standard developed and published

by the International Organization for Standardization specifying the

management and technical requirements for laboratories, as amended;

(ee) "in-vessel composting" means a method of composting in which feedstock

is completely encapsulated during the active composting process;

(ff) "lateral expansion" means a compost facility that is being expanded beyond

the previously authorized waste footprint;

(gg) "leachate" means a liquid that has percolated through or drained from

feedstock, actively composting material, compost, or vermicompost;

(hh) "leaf and yard waste" means plant matter resulting from gardening,

horticulture, agriculture, landscaping, or land clearing operations, and

includes tree and shrub trimmings, tree roots, plant remains, grass clippings,

leaves, trees, and stumps;

(ii) "liner" means a continuous layer constructed of natural or man-made

materials, beneath or on the sides of a structure or facility, which restricts

the downward or lateral migration of the contents of the structure or facility;

(jj) "manure" means:

(

i) manure as defined in the Agricultural Operation Practices Act, RSA

2000, c. A-7, as amended, and

(ii) excreta in liquid or solid form from pets, animals in zoological

facilities, and animals in aquaculture facilities;

(kk) "naturally occurring radioactive waste" means any waste with

concentrations above the limits specified in Tables 5.1, 5.2, or 5.3 of the

Canadian Guidelines for the Management of Naturally Occurring

Radioactive Materials, April 2014, published by Health Canada, as amended

or replaced from time to time;

(ll) "natural protective layer" means a continuous layer of natural materials,

beneath or on the sides of a structure or facility, which restricts the

downward or lateral migration of the contents of the structure or facility;

(mm) "offensive odour" means an odour originating from a compost facility that:

(

i) exceeds any of the Alberta Ambient Air Quality Objectives and

Guidelines (2019) as amended or replaced from time to time, or

(ii) in the opinion of an inspector or an investigator, is causing or may

cause an adverse effect at a receptor site;

(nn) "overs" means oversized materials that have not completely decomposed

and are removed or screened from compost;

(oo) "pathogen" means a bacterium, virus, fungus, parasite or other organism that

is capable of producing an infection or disease in a human, animal, fish or

plant host;

(pp) "pathogen reduction criteria" means the concentrations, content limits, and

other criteria related to pathogens for Category A or Category B compost

quality as set out in the CCME Guidelines for Compost Quality, published

by the Canadian Council of Ministers of the Environment, as amended or

replaced from time to time;

(qq) "person responsible" means person responsible as defined in the Waste

Control Regulation (AR 192/1996);

(rr) "positive slope" means a slope that encourages positive drainage of water

and minimizes ponding;

(ss) "process water" means any or a combination of:

(

i) run-on,

(ii) run-off,

(iii) leachate,

(iv) equipment wash down water, and

(

v) other wastewater generated at a Class I or Class II compost facility;

(tt) "processing area" means the feedstock preparation area, the active

composting area, and the curing area, inclusively, but does not include the

physical locations used for:

(

i) the management of run-off water,

(ii) the management of process water, or

(iii) the product storage area;

(uu) "product storage area" means the physical location(

s) used to store compost

or vermicompost that can be offered, given away, traded, or sold in

accordance with the requirements under

section 20(1);

(vv) "qualified professional" means a person who:

(

i) is registered in good standing in Alberta with a professional association

and is subject to that professional association's code of ethics and

disciplinary action, and

(ii) has acquired the relevant education, work experience, accreditation, and

expertise to provide technical advice pertaining to this Code of Practice;

(ww) "receiving and preparation area" means the physical location at a compost

facility where waste is received and temporarily placed for processing prior

to active composting;

(xx) "receptor site" means a site that may be exposed to odours or fugitive dust

originating from a compost facility;

(yy) "residuals" means unwanted non-organic materials that are removed from

waste, feedstocks, amendments, actively composting material, or compost,

but not does not include overs;

(zz) "residuals storage area" means the physical location used to store residuals;

(aaa) "retention pond" means a pond that is designed to store process water and

run-off from storm events;

(bbb) "run-off" means any precipitation that falls on or drains as surface flow

from any of the:

(

i) receiving and preparation area,

(ii) active composting area, and

(iii) curing area;

(ccc) "run-on" means any precipitation that falls on or drains as surface flow

onto any of the:

(

i) receiving and preparation area,

(ii) active composting area, and

(iii) curing area;

(ddd) "specified risk material" means specified risk material as defined in

Part

I.1 of the Health of Animals Regulations, C.R.C., c. 296, as amended;

(eee) "subsoil" means the layer of soil directly below topsoil, to a maximum

depth of 1.2 metres below the topsoil surface, that consists of the B and C

horizons as defined in The System of Soil Classification for Canada, Third

Edition, published by Agriculture and Agri-Food Canada, as amended or

replaced from time to time;

(fff) "topsoil" means the uppermost layers of soil that consist of the L, F, H, O,

and A horizons as defined in The System of Soil Classification for Canada,

Third Edition, published by Agriculture and Agri-Food Canada, as amended

or replaced from time to time;

(ggg) "water table" means the upper level of groundwater, below which the pore

spaces in the soil or rock are saturated with water;

(hhh) "water well" means water well as defined in the Water Act, RSA 2000, c

W-3, as amended or replaced from time to time;

(iii) "windrow" means a long, relatively narrow and low pile;

(jjj) "working surface" means a surface designed to withstand the weight and

wear of compost equipment on which processing activities including

grinding, mixing, composting, screening or temporary storage of material

occur at a compost facility;

(kkk) "vegetative matter" means plant matter including:

(

i) unprocessed agricultural crop residues produced from farming

operations, and

(ii) leaf and yard waste;

(lll) "vermicompost" means a stable hummus-like material produced from

vermicomposting;

(mmm) "vermicomposting" means the mesophilic process of bio-oxidation and

stabilization of organic solid wastes by earthworm species, that results in a

stable hummus-like material;

(nnn) "year" means a calendar year.

COMPLIANCE WITH THIS CODE

2(1) This Code of Practice applies to:

(

a) a Class I compost facility that accepts not more than 20,000 tonnes of waste

per year for composting, and

(

b) a Class II compost facility that accepts not more than 20,000 tonnes of

vegetative matter or manure per year for composting.

REGISTRATION AND NOTICE REQUIREMENTS

3(1) In an application to the Director for registration in respect of a Class I compost

facility, a person responsible must include each of the following in writing:

(

a) a completed compost facility checklist, in the form prescribed in

Schedule C

to this Code of Practice,

(

b) a completed registration application form, in the form prescribed in

Schedule D to this Code of Practice,

(

c) a facility design plan and specifications, signed and stamped by a qualified

professional, prepared in accordance with

section 4,

(

d) a soil conservation plan, prepared in accordance with

section 5,

(

e) an operations plan, prepared in accordance with

section 6,

(

f) a fire prevention and control plan, prepared in accordance with

section 7,

(

g) an odour management plan, prepared in accordance with

section 8,

(

h) a groundwater monitoring program, signed and stamped by a qualified

professional, prepared in accordance with

section 9, if applicable

(

i) a nuisance management plan, prepared in accordance with

section 10,

(

j) a baseline groundwater quality report that has been established, signed and

stamped by a qualified professional, in accordance with

section 9(1), if

applicable

(

k) financial security, as required under

Part 4 of the Waste Control Regulation

(AR 192/1996), and

(

l) a list of the intended products to be produced and intended markets for those

products.

(2) In a notice to the Director in respect of a Class II compost facility, a person

responsible must include each of the following in writing:

(

a) a completed compost facility checklist, in the form prescribed in

Schedule C

to this Code of Practice,

(

b) a completed notification form, in the form prescribed in

Schedule E to this

Code of Practice,

(

c) a facility design plan and specifications, prepared in accordance with

section

(

d) a soil conservation plan, prepared in accordance with

section 5,

(

e) an operations plan, prepared in accordance with

section 6,

(

f) a fire prevention and control plan, in accordance with

section 7,

(

g) an odour management plan, prepared in accordance with

section 8,

(

h) a nuisance management plan, prepared in accordance with

section 10, and

(

i) an outline of the intended products to be produced and intended markets.

FACILITY DESIGN PLAN AND SPECIFICATIONS

4(1) In the facility design plan and specifications, the person responsible must

include at least each of the following:

(

a) a facility design report that describes the:

(

i) feedstocks and amendments that will be accepted at the compost

facility,

(ii) composting method that will be used to process feedstock,

(iii) maximum capacities, by volume in cubic metres, of the:

(

i) receiving and preparation area,

(ii) amendment storage area,

(iii) active composting area,

(iv) curing area,

(

v) product storage area, and

(vi) residuals storage area,

(iv) maximum lengths, widths, heights and volumes of each windrow or pile

of feedstocks, amendments, compost and other materials that will be

located in each of the areas listed in subsection (1)(a)(iii),

(

v) total number of windrows or piles of feedstocks, amendments, compost

and other materials that will be located in each of the areas listed in

subsection (1)(a)(iii),

(vi) orientation of each windrow or pile of feedstocks, amendments,

compost and other materials, relative to the grading of each of the areas

listed in subsection (1)(a)(iii),

(vii) physical locations of, and spacing between, each windrow or pile of

feedstocks, amendments, compost and other materials that will be

located in each of the areas listed in subsection (1)(a)(iii),

(viii) minimum setbacks from the compost facility's property line for each

of the windrows or piles of feedstocks, amendments, compost and other

materials that will be located within the compost facility,

(ix) density ranges of feedstocks and amendments in kilograms per cubic

metres that will be processed at the compost facility,

(

x) locations of each fire access lane and fire break at the compost facility,

(xi) environmental control measures included in the design of the compost

facility,

(xii) monitoring systems included in the design of the compost facility,

(xiii) design of the liner used for the:

(

i) receiving and preparation area,

(ii) active composting area,

(iii) curing area, and

(iv) retention pond,

(xiv) design, including materials and slope, of each working surface,

(xv) run-on control system, with, at a minimum, the capability of preventing

the flow of water onto areas listed in subsection (1)(a)(iii) of the

compost facility in an amount not less than the peak discharge from a 1-

in-25 year storm event lasting 24 hours in duration,

(xvi) run-off control system, with, at a minimum, the capability of collecting

and controlling the volume of run-off expected from a 1-in-25 year

storm event lasting 24 hours in duration,

(xvii) in the case of a Class I compost facility, design of a groundwater

monitoring system that, at a minimum, provides for:

(

i) at least one groundwater monitoring well up gradient of the

compost facility within the target monitoring zones identified by a

qualified professional,

(ii) at least two groundwater monitoring wells down gradient of the

compost facility within the target monitoring zones identified by a

qualified professional, and

(iii) all groundwater monitoring wells to be constructed in accordance

with suggested operating procedures outlined in Volumes 1 and 3

of the Guidance Manual for Environmental Site Characterization

in Support of Environmental and Human Health Risk Assessment,

published in 2016 by the Canadian Council of Ministers of the

Environment, as amended or replaced from time to time,

(xviii) in the case of a Class I compost facility, a description and

interpretation of current groundwater elevations, flow, patterns and

composition, and

(xix) a written representation of the relationship between the site operations,

hydrogeologic setting, and the potential contaminant pathways to

receptors,

(

b) The Director may at the time a registration is issued, by notice in writing,

waive the requirement to construct and maintain a groundwater monitoring

system if, at a minimum, the Class I compost facility meets each of the

following requirements:

(

i) the compost facility must be enclosed within a structure or vessel,

(ii) compost facility must have two liners for the receiving and preparation

area, amendment storage area, active composting area, curing area, and

residuals storage areas of which at least one is constructed with

concrete or asphalt or synthetic liner,

(iii) a leachate collection and removal system, and

(iv) a leak detection system between the two liners,

(

c) maps, drawings, and specifications that, at a minimum, include:

(

i) site maps that illustrate all the descriptions from 4(1)(a)(iv) to (vii),

(ii) design drawings of liners in 4(1)(a)(xiii) and (xiv), showing the relation

to the seasonal high groundwater elevation,

(iii) design drawings showing run-on and run-off control systems in

4(1)(a)(xvi) and (xvii),

(iv) a site plan or aerial photograph showing the geographic location of the

compost facility relative to adjacent developments, residences, potable

water sources, domestic water wells, public roadways, and natural

water bodies,

(

v) in the case of a Class I compost facility, provide a map showing the

location(

s) of proposed groundwater monitoring wells,

(vi) topographic site plans showing the overall site development and

setbacks from property lines,

(vii) cross-sections showing grades and elevations of each working surface,

and

(viii) cross-sections showing grades and elevations of each retention pond,

and

(

d) a statement that, in the opinion of a qualified professional, the site proposed

for the compost facility is suitable for composting.

(2) The person responsible must construct the processing area of a compost facility

so that the processing area is not located:

(

a) within 30 metres of a water body,

(

b) within 100 metres of a water well (excluding a groundwater monitoring

well),

(

c) within 15 metres of the property line of the compost facility, and

(

d) within 10 metres of a groundwater monitoring well.

(3) The person responsible must:

(

a) design, and

(

b) construct the liner referred to in

section 4(1)(a)(xiii) in accordance with each

of the following:

(

i) the liner must have a separation of at least 1 metre between the

seasonally high water table and the bottom of the liner,

(ii) the liner must have a positive slope that will prevent ponding,

(iii) the liner must be constructed of:

(

i) a clay material with:

(

A) a thickness of at least 0.5 metres measured perpendicular to

the liner surface, and

(

B) a hydraulic conductivity of 1 x 10-9 metres per second or less,

(ii) a concrete, asphalt or alternative material that will achieve

performance equivalent to subsection (3)(b)(iii)(i)(B), and

(iv) the liner may be comprised of a natural protective layer only when:

(

i) the natural protective layer prevents the lateral movement and

downward migration of process water,

(ii) the natural protective layer is comprised of 2 metres or more of

undisturbed, unfractured fine-grained material with a bulk

hydraulic conductivity that is less than or equal to of 1 x 10-8

metres per second, and

(iii) there is at least 1 metre of a material between the bottom of the

natural protective layer and the seasonally high groundwater table.

(4) The person responsible must:

(

a) design, and

(

b) construct the liner for the retention pond, referred to in

section

4(1)(a)(xiii)(iv), in accordance with each of the following:

(

i) the liner must have a separation of at least 1 metre between the

seasonally high water table and the bottom of the liner,

(ii) the liner must be constructed of:

(

i) a clay material with:

(

A) a thickness of at least 1 metre measured perpendicular to the

liner surface, and

(

B) a hydraulic conductivity of 1 x 10-9 metres per second or less,

(ii) a concrete, asphalt or alternative material that will achieve

advective performance equivalent to subsection 4(b)(ii)(i)(B), and

(

c) the liner may be comprised of a natural protective layer only when:

(

i) the natural protective layer prevents the lateral movement and

downward migration of process water,

(ii) the natural protective layer is comprised of 5 metres or more

undisturbed, unfractured fine-grained material with a bulk hydraulic

conductivity that is less than or equal to 1 x 10-8 metres per second, and

(iii) there is at least 1 metre of material between the bottom of the natural

protective layer and the seasonally high groundwater table.

(5) The facility design plan and specifications must be signed and stamped by a

qualified professional.

SOIL CONSERVATION PLAN

5(1) In the soil conservation plan, the person responsible must include at least each of

the following:

(

a) detailed plans to conserve all topsoil and subsoil for reclamation,

(

b) detailed plans to stockpile topsoil and subsoil in compliance with each of the

following:

(

i) locating topsoil and subsoil stockpiles at the compost facility,

(ii) placing topsoil and subsoil stockpiles on stable foundations,

(iii) placing topsoil stockpiles on undisturbed topsoil, and

(iv) placing subsoil stockpiles on undisturbed subsoil,

(

c) a scaled map showing the locations where each stockpile referred to in

subsection (1)(

b) will be located,

(

d) the content of each of the stockpiles referred to in subsection (1)(b), and

(

e) the volume of each of the stockpiles referred to in subsection (1)(b).

OPERATIONS PLAN

6(1) In the operations plan the person responsible must include at least each of the

following:

(

a) a list of the feedstocks that are used in the composting process at the

compost facility,

(

b) policies and procedures for the receipt, inspection, and storage of waste and

other materials that meet, at a minimum, the following requirements:

(

i) all waste received at the compost facility must be visually inspected,

(ii) any and all materials that are not feedstocks or amendments must be

removed from the waste and segregated for disposal at a waste

management facility authorized under the Act,

(iii) any material removed under subsection (1)(b)(ii) must not be stored at

the compost facility for more than five days, or in quantities greater

than 20 tonnes, whichever occurs first,

(iv) within 48 hours of arriving at the compost facility, waste must be:

(

A) processed to remove any and all materials that are not feedstocks

or amendments, and

(

B) incorporated into an active composting pile,

(

v) if the requirements of subsection (1)(b)(iv) cannot be met, waste must

be covered with a biocover layer of at least 15 cm (6 inches) thick or a

waterproof cover that:

(

A) provides at least 1.8 metres (6 feet) of overlap of adjacent covers,

and

(

B) is securely anchored,

(

c) a description of how waste that has a high moisture content or has a high

potential for creating an offensive odour will be managed upon arrival at the

compost facility,

(

d) a description of how feedstock that has a high moisture content or has a high

potential for creating an offensive odour will be managed during the

composting process,

(

e) procedures describing how residuals will be handled,

(

f) site security and public access control procedures,

(

g) a site safety and emergency response plan,

(

h) a maintenance program for working surfaces,

(

i) a composting process plan, including:

(

i) a description of the composting method or technology used,

(ii) procedures for maintaining aerobic conditions continuously,

(iii) corrective measures for eliminating offensive odours,

(iv) a pathogens reduction plan, in accordance with the requirements set out

section 17,

(

v) a composting process monitoring plan that includes details regarding

the monitoring of:

(

A) temperature,

(

B) moisture, and

(

C) free air space,

(vi) procedures for curing,

(vii) procedures for the storage and management of compost, which must be

in accordance with the following:

(

A) individual storage piles must not exceed 5000 cubic metres in

volume,

(

B) a clear aisle of not less than 3 metres must be maintained between

adjacent storage piles,

(

C) the moisture content of compost must be managed to prevent the

generation of odours and fugitive dust, and

(

D) compost must be stored at a moisture level of between 35 per cent

and 50 per cent, by weight, and

(viii) procedures for preventing the re-growth of pathogens in compost,

(

j) a product quality testing and verification plan, in accordance with the

requirements set out in sections 19 and 20,

(

k) process water management procedures including:

(

i) detailed plans for monthly monitoring of water levels in each retention

pond, and

(ii) detailed plans for monthly process water reuse or removal to a

wastewater treatment facility, and

(

l) procedures for the handling and disposal of residuals.

(2) In the case of a Class I compost facility, in the operations plan referred to in

subsection (1), the person responsible must also include at least each of the following:

(

a) a liner inspection and maintenance program, and

(

b) a groundwater monitoring program, in accordance with

section 9.

FIRE PREVENTION AND CONTROL PLAN

7(1) In addition to the requirements of the Alberta Fire Code (2019), as amended, the

person responsible must include in the fire prevention and control plan at least each of

the following:

(

a) the actions that will be taken at all times to prevent all combustible materials

from coming into contact with all ignition sources, including but not limited

to cutting and welding, static electricity discharges, and smoking,

(

b) procedures and schedules for the:

(

i) regular inspection and monitoring, and

(ii) prevention of internal temperatures from exceeding 70 degrees Celsius

for more than 3 consecutive days, of each stockpile of feedstocks,

amendments, residuals, compost, and other materials throughout the

compost facility,

(

c) the actions that will be taken to prevent the accumulation of each of

combustible dust, combustible liquids, flammable liquids, or debris on or

around buildings, fences, vegetation, vehicles, stationary equipment, and

mobile equipment,

(

d) an access plan that:

(

i) outlines roadways, aisles, and lanes that, at all times, provide fire

control equipment with sufficient access to, around the perimeter of,

and within all areas of the compost facility, and

(ii) provides sufficient space, at all times, to allow for the teardown of each

stockpile of feedstocks, amendments, residuals, compost and other

materials,

(

e) a training program for site personnel related to the extinguishing of any fires

on or in each stockpile of feedstocks, amendments, overs, residuals, compost

and other materials at the compost facility,

(

f) provision for the availability at all times of an adequate supply of water, or

alternative product or method, for fire suppression activities, and

(

g) provision for regular inspections of the compost facility by appropriately

trained personnel.

ODOUR MANAGEMENT PLAN

8(1) In the odour management plan, the person responsible must include, at a

minimum, each of the following:

(

a) a description of all odour control technologies and odour management

practices that will be used to prevent and mitigate offensive odours,

(

b) a method to monitor and detect odours,

(

c) a procedure to track and document public complaints regarding odours,

(

d) a procedure to respond to public complaints regarding odours,

(

e) a scaled map showing the locations and distances to receptor sites within

minimum of 450 metres of the compost facility, and

(

f) an odour contingency response plan to remedy offensive odours originating

from the compost facility.

(2) In the odour contingency response plan referred to in subsection (1)(f), the person

responsible must include at a minimum each of the following:

(

a) monitoring, containing, removing, destroying, or otherwise disposing of any

substance or thing that is causing an offensive odour, in order to control or

prevent the offensive odour from occurring again,

(

b) installing, replacing, or altering any equipment or item, as necessary, in

order to control or eliminate an offensive odour,

(

c) constructing, improving, extending, or enlarging any facility, structure, or

item, as necessary, in order to control or eliminate an offensive odour, and

(

d) mitigating an offensive odour in accordance with other provisions of the

odour management plan referred to in subsection (1).

GROUNDWATER MONITORING PROGRAM

9(1) The person responsible for a Class I compost facility must use at least one of the

following methods to establish baseline groundwater quality:

(

a) by using historical data,

(

b) by obtaining groundwater samples from monitoring wells established

hydraulically up gradient in nearby physical locations not more than 200

metres from the compost facility site boundary on which composting

operations have not taken place, or

(

c) through the collection and analysis of groundwater samples from

groundwater monitoring wells at the compost facility.

(2) In the groundwater monitoring program the person responsible must include, at a

minimum, each of the following:

(

a) a procedure to establish groundwater quality control limits for each naturally

occurring groundwater parameter using the Shewhart quality control chart

method as outlined in the Evaluation of Control Chart Methodologies for

RCRA Waste Sites, published by the United States Environmental Protection

Agency, 1998, as amended or replaced from time to time,

(

b) a detailed groundwater monitoring program that includes detailed plans for:

(

i) collection and analysis of groundwater samples, including the

frequency of sampling,

(ii) monitoring the depth of water at each groundwater monitoring well

prior to each sampling event,

(iii) collection of representative groundwater samples semi-annually for

each groundwater monitoring well for four consecutive years

(minimum of eight sampling events) until groundwater quality control

limits established,

(iv) collection of representative groundwater samples once per year after

groundwater quality control limits are established,

(

v) laboratory analysis of each groundwater sample for each groundwater

parameter as set out in

Schedule A,

(vi) laboratory analysis of any additional parameters identified by qualified

professional, and

(vii) the groundwater monitoring data shall be presented using control charts

and interpreted by a qualified professional to determine any

groundwater quality impacts as a result of the compost facility

operations,

(

c) a groundwater response plan that addresses and meets the following

outcomes:

(

i) measures to address any exceedances of any groundwater parameter,

(ii) measures to prevent adverse effect or further adverse effect to

groundwater quality,

(iii) the prevention of all releases into the environment of a substance that

may cause an adverse effect,

(iv) measures to immediately stop all substances releases that may occur,

(

v) the extent, delineation and migration rate of the substance causing

adverse effect to soil and groundwater is understood,

(vi) prevent further spread of the substance to groundwater, and

(vii) actions taken to remove the substance and impacted groundwater from

the environment.

NUISANCE MANAGEMENT PLAN

10(1) In the nuisance management plan, the person responsible must include at a

minimum each of the following:

(

a) actions that will be taken to prevent and control nuisances, including but not

limited to litter, wildlife, noise, weeds, disease vectors, and dust,

(

b) litter controls that accomplish each of the following:

(

i) prevent the escape of litter from the compost facility,

(ii) prevent litter from being washed, blown, or otherwise transported onto

all properties adjacent to the compost facility, and

(iii) provide for the retrieval of litter that has been washed, blown, or

otherwise transported onto all properties outside of the compost facility,

with the consent of the property owner,

(

c) manage the storage of feedstocks, amendments, residuals, compost and other

materials to minimize disease vectors,

(

d) manage the composting process to minimize disease vectors,

(

e) establish and maintain weed controls to prevent the accumulation of weeds

at the compost facility, and

(

f) provide for the establishment of artificial barriers, the use of natural barriers,

or other effective measures, in order to:

(

i) control access to the compost facility,

(ii) prevent the attraction of wildlife to the compost facility, and

(iii) prevent the uncontrolled deposit of wastes or other materials on the site

of the compost facility.

COMPOSTING METHODS

11(1) The person responsible must use only the following composting methods:

(

a) a windrow composting process that complies with each of the following:

(

i) the establishment, carbon to nitrogen ratio, moisture content, free air

space, and turning frequency of windrows must control biological

decomposition under aerobic conditions is maintained at all times

throughout the composting process,

(ii) each windrow must be constructed parallel to the slope of the land at

the compost facility, and

(iii) each windrow must:

(

A) not exceed a height of 4.6 metres, and

(

B) not exceed a width of 9 metres as measured at the windrow's base.

(

b) an in-vessel composting process undertaken such that the construction,

loading, carbon to nitrogen ratio, moisture content, free air space, and

aeration rate is controlled biological decomposition in which aerobic

conditions is maintained at all times throughout the composting process,

(

c) an aerated static pile composting process, undertaken such that the

establishment of aerated static piles, aeration system, aeration rate, carbon to

nitrogen ratio, free air space and moisture content is controlled biological

decomposition under aerobic conditions are maintained throughout the

composting process,

(

d) a vermicomposting process, undertaken consistent with the following:

(

i) the establishment, placement, and maintenance of vermicomposting

beds, bins, and batch reactor systems must include the survival of

earthworms, and

(ii) the process must be managed to achieve the pathogen reduction

requirements set out in

Schedule B to this Code of Practice.

ACCEPTABLE FEEDSTOCKS AND AMENDMENTS

12(1) The person responsible for a Class I or Class II compost facility must not use

any material in composting other than a feedstock or an amendment listed in the

Acceptable Feedstock and Amendment List for Compost Facilities.

CHANGES TO PLANS AND PERSONS RESPONSIBLE

13(1) The person responsible for a Class I or Class II compost facility must submit a

new registration application or notification to change any of the following:

(

a) facility design plan and specifications,

(

b) operations plan,

(

c) fire prevention and control plan,

(

d) nuisance management plan,

(

e) odour management plan, or

(

f) groundwater monitoring program,

if the proposed change represents a change to the authorized composting activity, or

will potentially impact the compost facility's operation or the environment but does

not include:

(

a) administrative updates to the site safety or emergency response plan,

(

b) adjustments, repairs, replacements or maintenance made in the normal

course of operations,

(

c) temporary modifications to machinery, equipment or processes that do not

cause an adverse effect,

(

d) administrative changes that do not contravene the purpose or intent of the

authorization, or

(

e) changes to the operations plan needed to comply with this Code.

(2) As required in

Section 11 of the Approvals and Registrations Procedure

Regulation (AR 13/1993), no transfer, sale, lease, assignment or other disposition of a

registration is valid without the prior written consent of the Director.

(3) The person responsible for a Class I or Class II compost facility must notify the

Director, in writing, of the any changes to the person responsible.

CONSTRUCTION OF FACILITIES

14(1) No person may commence the construction a new compost facility or the

expansion of an existing compost facility until the Director:

(

a) has issued a registration, in the case of a Class I compost facility, or

(

b) has acknowledged, in writing, the receipt of a notification, in the case of a

Class II compost facility.

(2) The person responsible for a compost facility must construct and operate a new

compost facility, or expand an existing compost facility, in accordance with the plans

that have been submitted as part of a notification, or as part of a registration

application and have been authorized in writing by the Director in the issuance of the

registration, including the:

(

a) facility design plan and specifications,

(

b) soil conservation plan,

(

c) fire prevention and control plan,

(

d) nuisance management plan,

(

e) odour management plan, and

(

f) groundwater monitoring program.

OPERATION OF COMPOST FACILITY

15(1) A person responsible for a Class I or Class II compost facility must operate the

compost facility in accordance with:

(

a) each of the plans that have been authorized in writing by the Director in the

issuance of the Registration, including the:

(

i) facility design plan and specifications,

(ii) soil conservation plan,

(iii) operations plan,

(iv) fire prevention and control plan,

(

v) nuisance management plan,

(vi) odour management plan, and

(vii) groundwater monitoring program, as applicable

(

b) all other requirements set out in this Code of Practice, and

(

c) any authorizations that the Director has specified in writing.

(2) The person responsible for a Class I or Class II compost facility must not accept

any of the following waste:

(

a) activated carbon from municipal and industrial wastewater treatment

facilities,

(

b) hazardous waste or hazardous recyclables,

(

c) dangerous oilfield waste as defined by the Alberta Energy Regulator,

(

d) biomedical waste,

(

e) construction and demolition waste,

(

f) radioactive materials defined as Class 7 by the Transportation of Dangerous

Goods Regulations (SOR/2001-286), as amended from time to time,

(

g) substances regulated by the Canadian Nuclear Safety Commission,

(

h) explosive materials defined as Class 1 by the Transportation of Dangerous

Goods Regulations (SOR/2001-286), as amended from time to time,

(

i) naturally occurring radioactive waste,

(

j) fats, oils, and grease (FOG) from commercial food establishments,

(

k) car wash sump wastes,

(

l) industrial sump and pit wastes,

(

m) latex paint,

(

n) waste containing sulphur,

(

o) hydrovac waste,

(

p) rockwool,

(

q) soils containing hydrocarbons,

(

r) drilling waste, and

(

s) waste containing asbestos.

(3) The person responsible for a Class I or Class II compost facility shall not operate

the compost facility unless it is supervised by a certified operator during hours of

operation in accordance with the Alberta Landfill and Compost Facility Operator

Certification Guidelines (2019), published by Alberta Environment and Parks, as

amended or replaced from time to time.

(4) The person responsible for a Class I or Class II compost facility must at all times

post and maintain, at the entrance to the compost facility, signage that includes:

(

a) the name of the person responsible for the Class I or Class II compost

facility,

(

b) telephone numbers for:

(

i) the 24-hour emergency contact for the compost facility,

(ii) the local fire department, and

(iii) Alberta Environment and Parks (1-800-222-6514),

(

c) the hours of operation of the compost facility, and

(

d) a notice that no person may dispose of waste, feedstocks or amendments at

the facility outside of operating hours.

(5) In implementing the soil conservation plan referred to in subsection (1)(a)(ii), the

person responsible for a Class I or Class II compost facility must:

(

a) prevent erosion of topsoil and subsoil stockpiles, including revegetating the

stockpiles,

(

b) immediately suspend the conservation of topsoil or subsoil when wet or

frozen field conditions will result in mixing, loss, or degradation of soil, and

(

c) recommence the conservation of topsoil or subsoil when the conditions

referred to in subsection (5)(

b) no longer exist.

(6) In the event of a fire at or in the compost facility, the person responsible for a

Class I or Class II compost facility must:

(

a) implement each part of the fire prevention and control plan referred to

subsection (1)(a)(iv),

(

b) make available appropriate material handling equipment for moving

feedstocks, amendments, residuals, compost and other materials during fire-

fighting operations, and

(

c) undertake any procedures or actions specified by the local fire authority.

(7) The person responsible for a Class I or Class II compost facility must compile

each composting recipe such that the initial material mix results in the following

conditions:

(

a) a bulk density of less than 700 kilograms per cubic metre,

(

b) a pH in the range of 6 to 8, and

(

c) a moisture content of between 40 per cent and 60 per cent, inclusively.

(8) The person responsible for a Class I or Class II compost facility must operate the

compost facility so as not to exceed:

(

a) the design capacities of the compost facility as listed in the facility design

plan and specifications,

(

b) the maximum capacities as listed in the facility design plan and

specifications for each of the:

(

i) amendment storage area,

(ii) receiving and preparation area,

(iii) active composting area,

(iv) curing area,

(

v) product storage area, and

(vi) residuals storage area.

(9) The person responsible for a Class I or Class II compost facility must not dispose

of or use sediments or process water from the retention pond in any manner other than

the following:

(

a) dispose of at a waste management facility authorized under the Act,

(

b) use in a land application in accordance with the Guidelines for the

Application of Municipal Wastewater Sludges to Agricultural Lands

(2009) published by Alberta Environment and Parks, as amended, or

(

c) incorporate into actively composting material at the compost facility.

COMPOSTING OF DEAD ANIMALS

16(1) The person responsible for a Class I compost facility must not accept dead

animal designated as specified risk materials for composting unless the person has

obtained a Canadian Food Inspection Agency permit, and follows all the Canadian

Food Inspection Agency composting, labelling and distribution requirements for

specified risk materials.

(2) The person responsible for a Class I compost facility accepting dead animals at

the compost facility must either:

(

a) immediately incorporate the dead animal into an active composting area, in

accordance with this section, or

(

b) immediately dispose of the dead animal at a waste management facility

authorized under the Act.

(3) When incorporating a dead animal into an active composting area, the person

responsible for a Class I compost facility must, at a minimum, do each of the

following:

(

a) prepare a bed of material that is at least 60 centimetres in depth and

comprised of carbon-rich amendment,

(

b) lay the dead animal at the centre of bed referred to in subsection (3)(a),

(

c) cover the dead animal with a layer of material that is at least 60 centimetres

in depth and comprised of carbon-rich amendment,

(

d) continue to fashion the composting pile, as necessary, by layering each dead

animal in the composting pile separately, with each layer separated by a

cover referred to in subsection (3)(c), and

(

e) use a sufficient amount of the amendment referred to in subsections (3)(

a) and (3)(

c) so that the volume of the dead animal does not exceed 25 per cent

of the total volume of the composting pile.

(4) The person responsible for a Class I compost facility must:

(

a) not disturb each of the piles referred to in subsection (3) for at least 90

consecutive days from the date on which each dead animal was placed,

(

b) after the time period referred to in subsection (4)(a), visually examine a pile

referred to in subsection (2) to determine whether the pile needs to be turned

or mixed based upon:

(

i) the degree to which the dead animal have degraded, and

(ii) the presence or absence of offensive odours,

(

c) continue the composting process by repeating the steps outlined in

subsections (4)(

a) and (4)(

b) until:

(

i) no soft animal tissue is present,

(ii) no offensive odours are present,

(iii) no bones or bone fragments larger than 15 centimetre in dimension are

present, and

(iv) no other animal matter larger than 2.5 centimetre in dimension is

present.

(5) The person responsible for a Class I compost facility must maintain windrow

piles containing dead animals not to exceed:

(a) 2.1 metres in height, or

(b) 3.6 metres in width, as measured at the base of the windrow.

(6) The person responsible for a Class I compost facility must control the use of

compost generated from dead animals not to:

(

a) cause or contribute to the spread of disease,

(

b) cause scavenging, or

(

c) create a nuisance.

(7) If composting of dead animals is not conducted in accordance with the

requirements in this Code of Practice, then the person responsible for a Class I

compost facility must, immediately,

(

a) cease the use of dead animals as feedstock,

(

b) cease acceptance of dead animals at the compost facility,

(

c) dispose of any dead animals at a waste management facility authorized

under the Act,

(

d) dispose of, at a waste management facility authorized under the Act, any

actively composting material that is derived from dead animals, and

(

e) dispose of, at a waste management facility authorized under the Act, any

compost that is derived from dead animals.

PATHOGEN REDUCTION

17(1) The person responsible for a Class I or Class II compost facility must meet, at a

minimum, each the following pathogen reduction requirements:

(

a) for an in-vessel composting process, maintain the actively composting

material at a temperature of at least 55 degrees Celsius for at least three

consecutive days,

(

b) for an aerated static pile composting process:

(

i) maintain the actively composting material at a temperature of at least

55 degrees Celsius for at least three consecutive days,

(ii) during the period referred to in subsection (1)(b)(i), cover the aerated

static pile with a layer of insulating material, such as compost or wood

chips, having a thickness of not less than 15 centimetres, and

(iii) during the period referred to in subsection (1)(b)(i), apply the insulating

material referred to in subsection (1)(b)(ii) so that the actively

composting material is completely covered,

(

c) for a windrow composting process:

(

i) maintain the actively composting material at a temperature of at least

55 degrees Celsius for at least 15 consecutive days, and

(ii) during the period referred to in subsection (1)(c)(i), turn the windrow at

least five times.

(2) The temperature requirements specified in subsection (1) refer to the lowest

temperature measured in the actively composting material each day.

(3) The person responsible for a Class I or Class II compost facility must control

operations so that no:

(

a) process water containing pathogens, or

(

b) other sources of moisture that may contain pathogens,

are added after the pathogen reduction phase for any of the periods and

requirements specified in subsection (1).

(4) The person responsible for a Class I or Class II compost facility must establish

and maintain a written record of pathogen reduction activities, including:

(

a) measured temperatures of actively composting materials,

(

b) dates and times at which those temperatures were measured, and

(

c) details regarding the turning of windrows or piles, as applicable.

ODOUR COMPLAINTS AND RESPONSES

18(1) The person responsible for a Class I or Class II compost facility must at all

times prevent the production of offensive odours.

(2) Upon discovering that an offensive odour is being produced from the compost

facility, the person responsible for a Class I or Class II compost facility must

immediately:

(

a) implement the odour contingency response plan that forms part of the odour

management plan authorized by the Director,

(

b) take any action specified in writing by the Director, and

(

c) establish and maintain a written record of:

(

i) the date on which the offensive odour was discovered, and

(ii) the actions taken to reduce, eliminate, or otherwise remedy the

offensive odour.

(3) Upon receiving any report from any person regarding an odour, the person

responsible for a Class I or Class II compost facility must do each of the following:

(

a) investigate the report, and

(

b) establish and maintain a written record of:

(

i) the place, date, and time of the report,

(ii) the name and address of the complainant, if provided,

(iii) the nature of the report,

(iv) the actions taken to investigate the report,

(

v) the findings from the investigation of the report, and

(vi) the actions taken to respond to the report.

MONITORING AND TESTING STANDARDS

19(1) The person responsible for a Class I or Class II compost facility must collect,

preserve, store, handle, and analyze any sample required to be taken under this Code

of Practice in accordance with:

(

a) the Standard Methods for the Examination of Water and Wastewater,

published by the American Public Health Association, American Water

Works Association, and the Water Environment Federation, 1998, as

amended or replaced from time to time,

(

b) the CCME Guidelines for Compost Quality, published by the Canadian

Council of Ministers of the Environment, 2005, as amended or replaced

from time to time,

(

c) the Test Methods for the Examination of Composting and Composts,

published by the United States Department of Agriculture and the United

States Composting Council, as amended or replaced from time to time, or

(

d) a method authorized in writing by the Director.

(2) The person responsible for a Class I or Class II compost facility must have each

sample referred to in subsection (1) analyzed in a laboratory that is accredited to the

ISO/IEC 17025 standard in respect of the specific parameter to be analyzed.

(3) This

section does not apply to samples that are directed to continuous monitoring

equipment.

COMPOST AND VERMICOMPOST QUALITY MONITORING AND

REQUIREMENTS

20(1) The person responsible for a Class I or Class II compost facility must not offer,

give away, trade, or sell any material produced by or brought to the compost facility:

(

a) for use as a soil amendment, or

(

b) for use in the production of a soil amendment,

unless that material:

(

c) in the case of compost, meets all of the criteria for either Category A or

Category B compost quality as set out in the CCME Guidelines for Compost

Quality published by the Canadian Council of Ministers of the Environment,

as amended or replaced from time to time, or

(

d) in the case of vermicompost, meets all of the criteria set out in

Schedule B to

this Code of Practice.

(2) Subject to subsection (3), the person responsible for a Class I or Class II compost

facility must meet the following requirements:

(

a) at least one representative composite sample of compost material produced

at the compost facility must be tested:

(

i) for each 1000 tonnes, in dry weight, of material produced, or

(ii) at least once each year,

whichever occurs first, and

(

b) the composite sample referred to in subsection (2)(

a) must be prepared from

no fewer than 15 sub-samples that are representative of the entire volume of

compost being tested.

(3) The person responsible for a Class I or Class II compost facility using a

vermicomposting process must meet following testing requirements:

(

a) at least one representative composite of vemicompost produced at the

compost facility must be tested:

(

i) for each 1000 tonnes, in dry weight, of compost that is produced, or

(ii) at least once each year,

whichever occurs first, and

(

b) the composite sample referred to in subsection (3)(

a) must be prepared from

no fewer than 15 sub-samples that are representative of the entire volume of

material being tested.

(4) The person responsible for a Class I or Class II compost facility must receive and

verify the analytical results from testing before the compost or vermicompost that is

the subject of testing is removed from the compost facility or used on site.

(5) The person responsible for a Class I or Class II Compost Facility must screen

vermicompost to remove earthworms before that vermicompost is removed from the

compost facility.

GROUNDWATER QUALITY MONITORING

21(1) The person responsible for a Class I compost facility must at all times

implement and maintain the groundwater monitoring program, throughout:

(

a) the operation of the Class I compost facility, and

(

b) the final closure of the Class I compost facility.

(2) The person responsible for a Class I compost facility must:

(

a) protect each groundwater monitoring well from damage,

(

b) keep each groundwater monitoring well in good working condition, and

(

c) lock each groundwater monitoring well, except when groundwater samples

are being taken.

(3) The person responsible for a Class I compost facility must not exceed

groundwater quality control limits.

(4) In the event that a groundwater sample cannot be obtained at a scheduled

sampling time due to the improper functioning of a groundwater monitoring well, the

person responsible for a Class I compost facility must:

(

a) immediately repair or replace that groundwater monitoring well, and

(

b) immediately obtain a groundwater sample once the groundwater monitoring

well has been repaired or replaced.

(5) In the event that, during the period referred to in subsection (1),

(

a) a release of a substance to groundwater occurs,

(

b) the measured level of a groundwater parameter displays an increasing trend,

(

c) the measured level of a groundwater parameter exceeds a groundwater

quality control limit, or

(

d) a groundwater parameter that is not naturally present in groundwater is

detected in three consecutive sampling events, then the person responsible

for a Class I compost facility must:

(

i) immediately notify the Director,

(ii) immediately implement the groundwater response plan, and

(iii) take all necessary and applicable actions under the groundwater

response plan.

REPORTING AND RECORD KEEPING

22(1) The person responsible for a Class I or Class II compost facility must at all

times establish and maintain a written operating record:

(

a) during the operation of the compost facility, and

(

b) during the final closure period of the compost facility.

(2) In the operating record referred to in subsection (1) the person responsible for a

Class I or Class II compost facility must, at a minimum, include each of the

following:

(

a) a copy of the registration or notification related to the compost facility,

(

b) a current organizational chart of the personnel operating the compost

facility,

(

c) the current operation plan,

(

d) the most recent version of the design plan and specifications,

(

e) a record of all public odour complaints, in accordance with

section 18,

(

f) a record of all nuisance management activities,

(

g) all monitoring reports, set out in subsection (3),

(

h) all inspection reports,

(

i) all maintenance records for working surface and liners,

(

j) all records of contraventions, set out in subsection (4),

(

k) all compost and vermicompost product quality reports,

(

l) all tonnage reports, set out in subsection (5), and

(

m) all annual reports, set out in subsection (7).

(3) The person responsible for a Class I or II compost facility must record and, for

not less than 5 years, retain all of the following information in respect of any

sampling conducted or analyses performed in accordance with this Code of Practice:

(

a) the place where the sample was taken,

(

b) the date and time on which the sample was taken,

(

c) the dates on which the analysis on the sample was performed,

(

d) the techniques, methods, or procedures used in analyzing the sample,

(

e) the name of the person who collected the sample,

(

f) the name of the person who analyzed the sample, and

(

g) the results of the analysis.

(4) In addition to any other reporting requirements under the Act, or regulations

under the Act, the person responsible must, upon learning of any contravention of this

Code of Practice:

(

a) immediately notify Alberta Environment and Parks by contacting the

incident reporting line at 1-800-222-6514,

(

b) within seven days of learning of the contravention, submit a report in writing

to the Director that contains, at a minimum, the following information:

(

i) a description of the contravention,

(ii) the date of the contravention,

(iii) an explanation as to why the contravention occurred,

(iv) a legal land description of the location of the contravention,

(

v) the name of the registered owner or owners of the land on which the

contravention occurred,

(vi) a

summary of all measures and actions taken to mitigate any effects of

the contravention,

(vii) the registration or notification number of the compost facility, as

provided by the Director,

(viii) the name of the person who held the registration or notification

number at the time when the contravention occurred,

(ix) the names, job titles, addresses, and contact information of all persons

who were operating, managing or in control of the site at the time of the

contravention,

(

x) a

summary of proposed measures to prevent similar contraventions

from occurring in the future, and a

schedule for implementation of

those measures, and

(xi) any information recorded in accordance with this Code of Practice in

relation to or as a result of the contravention, and

(

c) record and, for a period of not less than five years, retain, the information in

subsection (4).

(5) The person responsible for a Class I or Class II compost facility must, each year:

(

a) prepare, in writing, a tonnage report that contains, at a minimum, the

following information:

(

i) the total number of tonnes, by wet weight, of waste accepted by the

compost facility during the year,

(ii) the total number of tonnes, by wet weight, of compost produced by the

compost facility during the year,

(iii) the total number of tonnes, by wet weight, of vermicompost produced

by the compost facility during the year,

(iv) the total number of tonnes, by wet weight, of compost that is used, sold,

or given away by the compost facility during the year,

(

v) the total number of tonnes, by wet weight, of vermicompost that is

used, sold, or given away by the compost facility during the year, and

(vi) the total number of tonnes, by wet weight, of residuals disposed of by

the compost facility during the year.

(

b) submit the tonnage report to the Director, in the form and manner specified

by the Director, no later than March 31 following the year on which the

tonnage report is based.

(6) In preparing the tonnage report referred to in subsection (5), the person

responsible for a Class I or Class II compost facility must:

(

a) use information and records from certified vehicle weigh scales, wherever

possible, and

(

b) where information and records from certified vehicle weigh scales are not

available, use measurements or reasonable estimates of volumes and

densities of applicable materials.

(7) The person responsible for a Class I or Class II compost facility must, each year:

(

a) prepare, in writing, an annual report that contains, at a minimum, the

following information:

(

i) a

summary of any changes in the person responsible for the Class I or

Class II compost facility made during the year,

(ii) a

summary of any changes in the certified operator of the Class I or

Class II compost facility during the year,

(iii) an updated personnel training log,

(iv) a

summary of any changes made to the operations plan, facility design

plan and specifications, soil conservation plan, fire prevention and

control plan, nuisance management plan, or odour management plan

made during the year,

(

v) for a Class I compost facility, a

summary of any changes to the

groundwater monitoring program made during the year,

(vi) the types and quantities of feedstock processed at the compost facility

during the year,

(vii) the amounts of compost and vermicompost permanently removed from

the compost facility during the year,

(viii) the amounts of compost and vermicompost used or stored on site

during the year,

(ix) in respect of compost and vermicompost produced during the year:

(

A) records demonstrating pathogen reduction, and

(

B) copies of reports from testing of compost and vermicompost

undertaken pursuant to

section 19,

(

x) records and

interpretations of those records in respect of:

(

A) monitoring of process water,

(

B) the quality and quantity of process water removed from the

compost facility for irrigation or disposal, and

(

C) the quality and quantity of sediments removed from the retention

pond for land application or disposal,

(xi) for a Class I compost facility, a tabular and graphical representation of

groundwater monitoring records during the year,

(xii) a

summary of any remedial actions taken at the compost facility for any

purpose,

(xiii) a

summary of all incidents of non-compliance at the compost facility

during the year, including information on actions taken to return to

compliance,

(xiv) a

summary of nuisance management issues at the compost facility

during the year, including information on actions taken to remedy those

issues,

(xv) a

summary of complaints received by the compost facility, including

information on actions taken in response to those complaints, and

(xvi) for a Class I compost facility, a

summary of any adjustments made

during the year to financial security, if applicable, and

(

b) place the Annual Report in the Operating Record by March 31 of the year

following the year on which the report is based.

(8) The person responsible for a Class I or Class II compost facility must record and,

for a period of not less than five years, retain, the following information for each

complaint received by the compost facility:

(

a) the place, date, and time of the complaint,

(

b) the name, address, and contact information of the complainant, if provided,

(

c) the nature of the complaint,

(

d) a description of the actions taken to investigate and, if applicable, remedy

any issues related to the nature of the complaint, and

(

e) a description of actions taken to respond to the complaint.

(9) Upon receiving a request in writing from the Director, the person responsible for

a Class I or Class II compost facility must provide to the Director any records,

reports, documents, or other information required to be created under this Code of

Practice:

(

a) in the form and manner specified in writing by the Director, and

(

b) within the time limits prescribed in writing by the Director.

FINAL CLOSURE

23(1) Within six months of the last day on which a compost facility accepts waste,

the person responsible for a Class I or Class II compost facility must prepare and

submit to the Director, in writing, a final closure plan that includes, at a minimum, the

following information:

(

a) a

schedule for completion of all activities at the compost facility,

(

b) a description of the final use for each of the areas of compost facility, if

applicable,

(

c) a description of proposed site restoration procedures, including those in

relation to:

(

i) drainage,

(ii) soil replacement,

(iii) erosion control, and

(iv) revegetation, where applicable,

(

d) plans for the removal of compost and vermicompost,

(

e) plans for the disposal of residuals and other waste, and

(

f) for a Class I compost facility, plans for the maintenance and operation of

groundwater monitoring systems.

(2) The person responsible for a Class I or Class II compost facility must prepare in

writing a final closure report that includes, at a minimum, the following information:

(

a) the date of completion of the final closure of the compost facility,

(

b) a statement that the final closure has been completed in accordance with the

final closure plan, along with supporting evidence,

(

c) a description of any deviations made from the final closure plan and the

reasons for those deviations,

(

d) if applicable, a description of actions that have been or will be taken in

relation to:

(

i) the final use of the closed areas,

(ii) drainage restoration,

(iii) soil replacement,

(iv) erosion control, and

(

v) re-vegetation, and

(

e) for a Class I compost facility, a groundwater report demonstrating that

groundwater parameters do not exceed groundwater quality control limits at

the compost facility, along with supporting evidence.

(3) The person responsible for a Class I or Class II compost facility must submit a

copy of the final closure report to the Director once it has been completed.

TRANSITION FOR EXISTING FACILITIES

24(1) Subject to subsection (2),(3),(4) and (5) a person responsible for existing Class

I or Class II compost facility must comply with this Code of Practice within 12

months of the date this Code of Practice comes into force.

(2) A person responsible for an existing Class I compost facility operating before

January 14, 2022 under the repealed Code of Practice for Compost Facilities

(1996) must comply with sections 4(1)(a)(xviii), 6(2)(b), 9, 15(1)(a)(vii), and 21 of this Code

of Practice within 24 months of the date this Code of Practice comes into force unless

the compost facility meets the requirements in

section 4(1)(

b) and receives an

authorization in writing from the Director.

(3) The person responsible for an existing Class I compost facility operating before

January 14, 2022 under the repealed Code of Practice for Compost Facilities

(1996) must submit the following documents to the Director for authorization within 24

months of the date this Code of Practice comes into force:

(

a) a groundwater monitoring program, signed and stamped by a qualified

professional, prepared in accordance with

section 9, if applicable, and

(

b) a baseline groundwater quality report that has been established in

accordance with

section 9(1), if applicable.

(4) A person responsible for an existing Class I compost facility operating before

January 14, 2022 under the repealed Code of Practice for Compost Facilities

(1996) is exempt from the liner design requirements set out in

section 4 of this Code and

shall instead comply with each of the following design requirements:

(

a) composting liner constructed to meet at least 0.5 metres of clay material

having a permeability of less than 5 x 10-8 metres per second, or an

alternative material that provides equivalent protection,

(

b) composting liner constructed with a minimum slope of 2 percent to prevent

ponding,

(

c) a run-on control system that prevents the flow of surface water onto the

storage, processing and curing areas, and

(

d) a run-off control and management system that provides protection of surface

water quality.

(5) A person responsible for an existing Class I compost facility operating before

January 14, 2022 under the repealed Code of Practice for Compost Facilities

(1996) is exempt from complying with the requirements in sections 4(2),4(3),4(4), 5 and

15(1)(a)(ii) of this Code of Practice.

(6) Subject to subsection (2), a person responsible for an existing Class I compost

facility operating before January 14, 2022 under the repealed Code of Practice for

Compost Facilities (1996) must submit the following to the Director for re-

registration within 12 months of the date this Code of Practice comes into force:

(

a) a completed compost facility checklist, in the form prescribed in

Schedule C

to this Code of Practice,

(

b) a completed registration application form, in the form prescribed in

Schedule D to this Code of Practice,

(

c) a facility design report, prepared in accordance with

section 4(1)(a)(

i) to

(ix),

(

d) an operations plan, prepared in accordance with

section 6,

(

e) a fire prevention and control plan, prepared in accordance with

section 7,

(

f) an odour management plan, prepared in accordance with

section 8,

(

g) a nuisance management plan, prepared in accordance with

section 10, and

(

h) an outline of the intended products to be produced and intended markets for

the products.

(7) A person responsible for an existing Class II compost facility operating before

January 14, 2022 is exempt from complying with Sections 4, 5, and 15(1)(a)(ii) of

this Code of Practice until a new notification is submitted.

(8) A person responsible for an existing Class II compost facility operating before

January 14, 2022 must update their operations plan in accordance with the

requirements of this Code within 12 months of the date this Code of Practice comes

into force.

(9) A person responsible for an existing Class II compost facility operating before

January 14, 2022 must develop an odour management plan in accordance with the

requirements of this Code within 12 months of the date this Code of Practice comes

into force.

(10) A person responsible for an existing Class II compost facility operating before

January 14, 2022 must develop a nuisance management plan in accordance with the

requirements of this Code within 12 months of the date this Code of Practice comes

into force.

(11) A person responsible for an existing Class II compost facility operating before

January 14, 2022 must develop fire prevention and control plan in accordance with

the requirements of this Code within 12 months of the date this Code of Practice

comes into force.

(12) A person responsible for a Class I or Class II compost facility must comply with

the requirements of this Code for each:

(

a) newly constructed area, and

(

b) lateral expansion,

and subsections (4), (6) and (7) do not apply.

SCHEDULE A

LIST OF GROUNDWATER PARAMETERS

Parameters

Parameters

Parameters

Arsenic, total

Total phosphorus

Total organic carbon

Barium, total

Ammonia

Calcium

Boron, total

Nitrate-Nitrogen

Magnesium

Cadmium, total

Total Kjeldahl Nitrogen

Sodium

Chromium, total

Potassium

Copper, total

Total dissolved solids

Chloride

Iron, total

Electrical conductivity

Sulphate

Lead, total

Chemical oxygen demand

E. coli

Manganese, total

Total coliform

Mercury, total

Vanadium, total

SCHEDULE B

VERMICOMPOST QUALITY CRITERIA

Parameter

Limit

CCME Standards

Maximum concentration

for trace elements

Standards established in the most recent edition of

CCME Guidelines for Compost Quality, published by

the Canadian Council of Ministers of the Environment as

amended.

Foreign matter

Sharp Foreign matter

Other Parameters

Electrical Conductivity

150 - 350 dS/m

6 - 7.4

Boron