Definitions

1   In this regulation:

"200-year flood plain" means land where the chance of a flood occurring in any given year is at least one in two hundred;

"Act" means the Environmental Management Act;

"agricultural operation" has the same meaning as in the Code of Practice for Agricultural Environmental Management;

"agronomically sound rate", relative to nutrient application, means a rate of application that does not exceed crop nutrient requirements and avoids application of nutrients in a manner that penetrates into the groundwater or below the area where the nutrients are used by the crop;

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

"category A facility" means a facility that

(a) discharges less than 5 cubic metres of wastewater per day, and

(b) is either

(i) an establishment where slaughter-industry processes are carried out, producing less than 60 tonnes live weight killed red meat per year, or

(ii) an establishment where poultry-processing industry processes are carried out, producing less than 40 tonnes live weight killed poultry per year;

"category B facility" means a facility that

(a) discharges 5 or more cubic metres of wastewater per day, or

(b) is either

(i) an establishment where slaughter-industry processes are carried out, producing 60 tonnes or more live weight killed red meat per year, or

(ii) an establishment where poultry-processing industry processes are carried out, producing 40 tonnes or more live weight killed poultry per year;

"compost product" means composted solid waste or semi-solid waste;

"composting" means the controlled biological oxidation and decomposition of organic matter in accordance with the time and temperature requirements specified in Division 3 of Part 4;

"domestic sewage" has the same meaning as in the Sewerage System Regulation, B.C. Reg. 326/2004;

"farmer" means a person who operates a farm on land classified as a farm under the Assessment Act;

"foreign matter" means a contaminant that is not readily decomposed during the composting process and includes demolition waste, metal, glass, plastic, rubber and leather, but does not include silt, sand or rocks, stones or gravel less than 2.5 centimetres in diameter, or other similar mineral materials naturally found in soil;

"incinerator" means an incinerator used to dispose of solid waste, semi-solid waste or compost product;

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

"landfill" means a landfill, burial site or trench for the final disposal of solid waste, semi-solid waste or compost product, and does not include a landfill for the discharge of any waste that contains or is mixed with domestic or municipal refuse;

"leachate" means

(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;

"low-permeability soil" means soil with hydraulic conductivity of 1 x 10^-6 cm/s;

"poultry processing industry" has the same meaning as in Schedule 2 to the Waste Discharge Regulation;

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

"proponent" means a person who intends to land apply compost product and provides notification under section 28 or a notification of change under section 29;

"qualified professional", in relation to a duty or function under this code, means an individual who

(a) is registered in British Columbia with a professional organization, is acting under that organization's code of ethics, and is subject to disciplinary action by that organization, and

(b) through suitable education, experience, accreditation and knowledge, may reasonably be relied on to provide advice within the individual's area of expertise, which area of expertise is applicable to the duty or function;

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

"slaughter industry" has the same meaning as in Schedule 2 to the Waste Discharge Regulation;

"solid waste" includes feathers, hides, bones, carcasses, manure and other non-liquid wastes produced by the slaughter industry or the poultry processing industry;

"specified risk material" means

(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;

"vector" means an organism that is capable of transmitting a pathogen from one facility, waste source, product or organism to another facility, waste source, product or organism;

"Waste Discharge Regulation" means the Waste Discharge Regulation, B.C. Reg. 320/2004;

"wastewater" means processing water which may contain blood, fat, oil, grease, industrial cleaners and other liquid wastes produced by the slaughter industry or the poultry processing industry;

"watercourse" means a place that perennially or intermittently contains surface water, including

(a) a lake, river, creek, canal, spring, ravine, swamp, saltwater marsh or bog, and

(b) a drainage ditch leading into anything referred to in paragraph (a).

[am. B.C. Regs. 406/2007, s. 1; 381/2010, s. 1; 8/2019, s. (a) (iii); 40/2021, s. 2.]

Registration information

2   (1) Subject to subsection (2), a person must register under section 4 of the Waste Discharge Regulation for the purposes of an exemption under that section in relation to this code, and must include, with the other information required under section 4 (2) of that regulation, the following information:

(a) the annual production, in tonnes of live weight killed per calendar year, of red meat and of poultry products by the person's facility;

(b) the maximum amount of wastewater discharged from the person's facility, in cubic metres per day;

(c) Repealed. [B.C. Reg. 406/2007, s. 2.]

(d) a list of the following information or plans that have been completed as required under this code:

(i) a nutrient management plan under section 8 (3) or 26;

(ii) a groundwater monitoring and assessment plan under section 10 (2) (d);

(iii) a vector control plan under section 12;

(iv) a landfill closure plan under section 14 (2) (b).

(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.

[am. B.C. Regs. 406/2007, s. 2; 381/2010, s. 2.]

Records and plans

3   Records required to be kept under this code and plans referred to in section 2 (1) (d) must be

(a) retained for at least 10 years, and

(b) made available for inspection by an officer within 2 days of a request by the officer to inspect those records.

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.

[en. B.C. Reg. 381/2010, s. 3.]

Discharge by category A facilities

5   A person operating a category A facility

(a) must not discharge wastewater directly into groundwater or into a watercourse,

(b) must take measures to control fugitive dust and odour caused by the operation of the category A facility, and

(c) must keep records of the following information:

(i) the amount of wastewater discharged, in cubic metres per day, from the category A facility for any period during which there is a discharge;

(ii) production volumes of red meat or poultry, in tonnes of live weight killed per year.

Discharge by category B facilities

6   A person operating a category B facility

(a) must comply with section 5, and

(b) must ensure that a discharge of wastewater from the category B facility is carried out in accordance with either section 7 or 8, as applicable.

Subsurface discharge of wastewater

7   (1) Wastewater discharged into the subsurface of the ground from a category B facility must not surface and must not cause the groundwater table to be raised to the surface.

(2) A person discharging wastewater under subsection (1) must conduct inspections of the discharge site to ensure compliance with that subsection.

(3) The subsurface wastewater disposal system of a category B facility that discharges wastewater into the subsurface of the ground for the first time after September 30, 2007, must be designed by a qualified professional and installed according to that design.

(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.

(5) A person operating either a category A facility or a category B facility may discharge wastewater containing domestic sewage into the subsurface of the ground if

(a) the domestic sewage source is from the facility,

(b) the discharge complies with subsection (1),

(c) the person complies with subsection (2), and

(d) the subsurface wastewater disposal system is designed by a qualified professional and installed according to that design.

(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.

[am. B.C. Regs. 406/2007, s. 3; 381/2010, s. 4.]

Wastewater irrigation

8   (1) Wastewater must not be discharged on ground with agricultural crops intended for human consumption.

(2) Except for wastewater discharged by a farmer under subsection (5), wastewater discharged from a category B facility onto the surface of the ground to irrigate that ground must meet all of the following conditions:

(a) it must not contain more than 10 mg per litre of fat, oil or grease;

(b) it must not exceed a carbonaceous biochemical oxygen demand concentration of 45 mg per litre;

(c) it must not contain more than 60 mg per litre of total suspended solids;

(d) it must not contain more than total coliform organisms of 1 000 per 100 ml of wastewater and total fecal organisms of 200 per 100 ml of wastewater.

(3) A person intending to discharge wastewater from a category B facility under subsection (2) must ensure that

(a) a qualified professional designs a nutrient management plan for the beneficial use of treated wastewater for irrigation, and

(b) the nutrient management plan referred to in paragraph (a) is carried out as designed.

(4) A plan referred to in subsection (3) (a) must include

(a) a description of the public access to and use of the ground, and

(b) an analysis of the effect on the ground of the wastewater discharged on it from the category B facility.

(5) Wastewater discharged by a farmer onto the surface of the farmland to irrigate that land

(a) must be discharged at an agronomically sound rate, and

(b) must not exceed 100 cubic metres annually.

(6) A person operating either a category A facility or a category B facility may discharge wastewater containing domestic sewage onto the surface of the ground if

(a) the domestic sewage source is from the facility,

(b) the discharge complies with subsections (1) and (2), and

(c) the person complies with subsection (3) and (4).

[am. B.C. Reg. 406/2007, s. 4.]

Sampling and analysis

9   (1) To ensure compliance with section 8 (2), a person discharging wastewater from a category B facility under that section must ensure that sampling and analysis of the wastewater are carried out

(a) before the wastewater is discharged, and

(b) every two weeks during the period when the wastewater is being discharged.

(2) The sampling and analysis required under subsection (1) must be carried out

(a) in accordance with the requirements of the latest version of the Field Sampling Manual issued by the ministry, and

(b) by a laboratory registered with the Canadian Association for Environmental Analytical Laboratories.

(3) A person referred to in subsection (1) must keep records of the results of the sampling and analysis carried out under this section.

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.

[en. B.C. Reg. 381/2010, s. 6.]

Landfill site

10   (1) Subject to subsection (3), a landfill

(a) must not be more than 2 m wide,

(b) must be located

(i) on a site that has a slope of less than 0.5%,

(ii) at least 1 m below ground level,

(iii) within a property so that there is at least 50 m between the property line and the boundary of the landfill, and

(iv) so that there is at least 4 m between the seasonal high water table beneath the landfill and the bottom of the landfill, and

(c) must not be located within

(i) 100 m of the nearest surface water,

(ii) the 200-year flood plain,

(iii) 100 m of unstable or potentially unstable terrain,

(iv) 30 m of another landfill, either closed or currently in use, or

(v) 300 m of a residence, hotel, restaurant, school, church, public park, water supply well, or water supply intake.

(2) A person proposing to establish a landfill

(a) for the disposal of more than 5 000 kg/ha/year of solid waste, semi-solid waste, compost product or any combination of solid waste, semi-solid waste or compost product,

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

(c) that will not meet a requirement set out in subsection (1),

must ensure that

(d) a qualified professional evaluates the landfill and designs a groundwater monitoring and assessment plan, and

(e) Repealed. [B.C. Reg. 406/2007, s. 5.]

(f) the person complies with the plan referred to in paragraph (d).

(3) A landfill established under subsection (2) in compliance with a plan referred to in paragraph (d) of that subsection is not subject to the requirements of subsection (1).

[am. B.C. Regs. 406/2007, s. 5; 381/2010, s. 7.]

Landfill use

11   (1) Solid waste, semi-solid waste or compost product disposed of at a landfill must immediately after the disposal be covered with

(a) at least 0.15 m of low-permeability soil, and

(b) an impermeable cover to prevent precipitation from entering the landfill.

(2) A person operating a landfill must take measures to control fugitive dust and odour caused by the operation of the landfill.

[am. B.C. Reg. 381/2010, s. 8.]

Vector control plan

12   A person intending to begin operating a landfill must complete and retain a plan setting out how the person intends to control vectors at the landfill.

[am. B.C. Reg. 406/2007, s. 6.]

Records of use

13   A person operating a landfill must keep records containing all of the following information:

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

(b) the location of the landfill;

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

[am. B.C. Reg. 381/2010, s. 9.]

Landfill closure

14   (1) A landfill must be closed by covering the landfill with at least 1 m of low-permeability soil that extends

(a) at least 0.3 m above ground level, and

(b) at least 0.5 m beyond the landfill site.

(2) At least 3 months before the closure of a landfill referred to in section 10 (2) (a), the person operating the landfill must

(a) notify the director of the intended closure,

(b) complete and retain a landfill closure plan, prepared by a qualified professional, for the closure of the landfill, and

(c) comply with the plan referred to in paragraph (b), or, if the plan is amended under subsection (3), with the plan as amended.

(3) The director may amend a plan referred to in subsection (2) (b).

(4) A person must not deposit solid waste, semi-solid waste or compost product at a landfill that has been closed.

[am. B.C. Regs. 406/2007, s. 7; 381/2010, s. 10.]

Incinerator sites

15   An incinerator must not be located

(a) within 500 metres of a residence other than a residence of the person operating the facility, and

(b) within 1 000 metres of an existing

(i) other business,

(ii) school,

(iii) hospital, or

(iv) continuing care facility.

Operation of incinerators

16   (1) An incinerator, including all equipment that is an integral part of an incinerator or is used to operate an incinerator, must be installed, operated and maintained in accordance with the manufacturer's specifications and recommended procedures.

(2) A person operating an incinerator must take measures to control fugitive dust and odour caused by the operation of the incinerator.

Loading rates

17   The maximum loading rates for an incinerator are as follows:

(a) for a continuous feed incinerator, 400 kg/hour;

(b) for a batch feed incinerator, 400 kg/load.

Emission limits

18   An incinerator must not exceed the following emission limits:

(a) total particulate matter of not more than 50 mg/m³ at reference conditions of dry gas at 25°C and 101.3 kPa, corrected to 11% O₂;

(b) total opacity of not more than 10% averaged over 6 consecutive minutes.

Stack monitoring and record keeping

19   (1) Subject to subsection (2), a person operating an incinerator must conduct stack monitoring

(a) on the first day of operation, and

(b) no later than one year after the day that stack monitoring was last conducted.

(2) Stack monitoring must be conducted in accordance with the Stationary Air Emissions Testing section in the latest version of the Field Sampling Manual issued by the ministry.

(3) The director may require testing in addition to the stack monitoring required under subsection (1) if the director considers this necessary or advisable in the circumstances.

(4) A person operating an incinerator must keep records

(a) of the results of the stack monitoring analysis conducted under this section, and

(b) of the quantities of solid waste, semi-solid waste or compost product disposed of by the incinerator.

[am. B.C. Reg. 381/2010, s. 11.]

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

20   (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.

[en. B.C. Reg. 381/2010, s. 12.]

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.

[en. B.C. Reg. 381/2010, s. 12.]

Composting requirements

22   (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.

[en. B.C. Reg. 381/2010, s. 12.]

Time and temperature requirements

23   (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.

[en. B.C. Reg. 381/2010, s. 12.]

Storage requirements for compost product

24   (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.

[en. B.C. Reg. 381/2010, s. 12.]

Land application — soil testing

25   (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.

[en. B.C. Reg. 381/2010, s. 12.]

Land application — nutrient management plan

26   (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.

[en. B.C. Reg. 381/2010, s. 12.]

Land application — control measures

27   (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.

[en. B.C. Reg. 381/2010, s. 12.]

Notification of land application

28   (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.

[en. B.C. Reg. 381/2010, s. 12.]

Notification of change

29   (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.

[en. B.C. Reg. 381/2010, s. 12.]