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GUIDE FOR APPLYING FOR APPROVAL OF A HAULED SEWAGE (SEPTAGE)
OR
PROCESSED ORGANIC WASTE (BIOSOLIDS)

WASTE DISPOSAL SITE

SECTIONS 27, 30, 31 AND 32
ENVIRONMENTAL PROTECTION ACT
R.S.O. 1990

ENVIRONMENTAL ASSESSMENT AND APPROVALS BRANCH
November 1999

 

TABLE OF CONTENTS

Foreword i
Purpose i
Background i i

Part I - GENERAL INSTRUCTIONS FOR APPLICANTS

1. Who Must Apply 1
2. When to File Applications 1
3. Where to File Applications 1
4. Approval Process 2
4.1 Pre-Application Consultation 2
4.2 Review of Application 2
4.3 Financial Assurance 3
4.4 Issuance of Approval 3
4.5 Mandatory and Discretionary Hearings 4
4.6 Emergency Certificate of Approval 4
5. Public Notification and Access to Application Information 6
6. False Information 7
7. Questions Regarding Filing Applications for Approval 7

Part II - INSTRUCTIONS FOR COMPLETING FORM

Section 1. Client Information 8
Section 2. Client Physical Address 10
Section 3. Client Mailing Address 12
Section 4. Site Information 13
Section 5. Landowner Information 15
Section 6. Lessee Information 16
Section 7. Project Information 17
Section 8. Processed Organic Waste Source 20
Section 9. Other Approvals 21
Section 10. Supporting Information Checklist 21
Section 11. Application Fees 22
Section 12. Client Statement 23
Section 13. Statement of Landowner/Lessee 23
Section 14. Statement of Lessee 24

FOREWORD

The Ministry of the Environment's approvals program requires that all proposals requiring approval under Ministry legislation are carried out in accordance with that legislation (i.e., Acts and Regulations) and the Ministry’s Environmental Guidelines and Procedures which have been developed to ensure consistency of approach to various aspects of environmental protection throughout the Province. The guidelines and procedures are continually updated by the Ministry as environmental standards are modified to reflect changing needs of environmental protection. As these requirements are changed, the information required to demonstrate compliance with those requirements may also change. In recognition of these on-going changes, the Ministry intends to periodically update this document to reflect the most current requirements.

While every effort has been made to ensure the accuracy of the information contained in this guide, it should not be construed as legal advice. If Clients/users of this guide have any doubts or questions regarding legal aspects of the document, they should consult legal counsel.

For any addenda or revisions, users of this guide may contact:

Environmental Assessment and Approvals Branch
Waste Unit
2 St. Clair Avenue West
Floor 12a
Toronto, Ontario
M4V 1L5
Tel. (416) 314-8001 or (Toll Free) 1-800-461-6290
Fax. (416) 314-8452

PURPOSE

This document is intended to provide guidance to proponents of waste disposal facilities (sites and systems), when requesting approval of those facilities under Section 27 of the Environmental Protection Act, R.S.O. 1990, Chapter E-19, (EPA). This document describes the approvals process in general, clarifies the information required by the respective application form and specifies the technical information that may be required in support of the application.

BACKGROUND

The mandate of the Ministry of the Environment (Ministry) is to ensure protection, and where degraded, rehabilitation of the natural environment, and conservation of environment and material resources for the enjoyment and benefit of the present and future generations of people, as well as for other users of the environment.

The mandate of the Ministry is sanctioned by several pieces of Province of Ontario legislation, which include the Ontario Water Resources Act (OWRA), the Environmental Protection Act (EPA), Pesticides Act (PA), the Environmental Assessment Act (EAA), the Act Respecting Environmental Rights in Ontario (EBR), and the recently proclaimed Services Improvement Act (SIA), together with numerous Regulations made under these Acts.

These Acts and regulations establish the authority and responsibility of the Ministry, the legal requirements for proponents of various proposals, obligations of the owners of existing facilities and equipment with respect to their impact on public health and the environment, and the rights of residents of Ontario with respect to those proposals, facilities and equipment. These requirements and rights include the need to obtain approvals or permits prior to implementation of proposals with a potential for impact on public health and /or the environment, and the right of the residents of Ontario to be made aware of proposals, in order that the public has opportunity to comment on those proposals.

The statutory requirement for a Certificate of Approval for a waste disposal site is contained in Section 27 of the EPA. Section 27 requires that approval be obtained from the Director before using, operating, establishing, altering, enlarging or extending a waste management system or a waste disposal site.

The Director must require the Environmental Assessment Board to hold a hearing before granting of an approval, if a waste disposal facility is intended for the final disposal of hauled liquid industrial waste, hazardous waste or any other waste equivalent of domestic waste of 1,500 persons or more (Section 30, EPA). In cases where an emergency situation can be alleviated by the use, operation, establishment, alteration, enlargement or extension of a waste disposal site, the Director has the authority to grant an approval without requiring a hearing (Section 31, EPA). In all other cases a public hearing may be held at the discretion of the Director (Section 32, EPA).

Further, the Environmental Assessment Act (EAA) requires that the Client of a proposed undertaking must submit to the Minister an environmental assessment, if the Client is or represents the public sector or if the proposed undertaking belongs to a specific class designated by the Minister under the EAA. It is noted that the Director cannot grant an approval under Part V of the EPA, until all required hearings have been held and the environmental assessment approved, if necessary.

In addition to approvals under the EAA and Part V of the EPA, the proposal may require approvals under Section 9 of the EPA for discharge of contaminants into the natural environment as well as under Section 53 of the OWRA for sewage works.

A recent addition to the legislation which affects the approvals process is the Environmental Bill of Rights (EBR). The EBR was proclaimed in February 1994 and establishes new rights and processes which are to be used to ensure that residents of Ontario are able to participate in making environmentally significant decisions by the government and is designed to hold government accountable to the public for those decisions. The basic EBR requirements, as they pertain to applications for waste disposal sites, have been noted throughout this guide. Please note that there are no EBR requirements for waste management systems or for hauled sewage and processed organic waste disposal sites. However, for further details, information on exemptions and specifics on the EBR reference should be made to the document entitled "The Requirements of the Environmental Bill of Rights for Prescribed Instruments".

Another recent change to the approvals requirements is the updating of the previous application fees, brought about by Ontario Regulations 363/98 entitled “Regulation Made Under the Environmental Protection Act” which revoked and replaced O. Reg. 502/92. Unlike the previous fees, which were being estimated on a case-by -case basis as a percentage of the capital cost of the proposed facilities, the new Application Fees are fixed fees prescribed by the new regulation, for the new regulations have been established on the principle of cost recovery, and are based on the estimated average cost incurred by the Ministry in processing applications of particular types and complexities.

In addition to legislative requirements, the approval criteria include various procedures and guidelines. The current procedures and guidelines affecting applications for waste disposal sites are available from the Ministry. The Ministry also develops and adopts new procedures and guidelines, or revises existing procedures and guidelines as the need arises.

In processing applications for approvals, and in all other actions and decisions, the Ministry staff are guided by guidelines and procedures developed by the Ministry in order to ensure that those actions and decisions are in concordance with the Ministry mandate, as well as to inform the public of the basis of those actions and decisions.

However, it is the Client’s responsibility to be aware of and understand all legal requirements of the EPA and other applicable legislation. Clients should refer to the Acts and Regulations for a comprehensive review of those requirements. Similarly, for an in-depth understanding of the Ministry’s guidelines and procedures, Clients should refer to the Manual of Guidelines and Procedures.

The Ministry’s Manual of Environmental Guidelines and Procedures is available from the Public Information Centre, 135 St. Clair Avenue West, 1st Floor, Toronto, Ontario, M4V 1P5, general inquiries (416) 325-4000, or toll free 1-800-565-4923. Copies of the EPA and other legislation may be obtained from the Information Services Branch, Publications Ontario, 880 Bay Street, Toronto, Ontario, M7A 1N8, Toll-free phone number 1-800-668-9938.

Clients should be aware that, in addition to the approvals and permits required by this Ministry, other Ontario ministries, and other levels of government (e.g. federal or municipal), may have approval or permit requirements. It must be emphasized that approval under one Act does not abrogate the requirement to obtain approval under other Acts or other sections of the same Act or any other legislation.

PART I - GENERAL INSTRUCTIONS FOR APPLICANTS

1. Who Must Apply

The responsibility for obtaining approval for the waste disposal facilities lies with the owner of the facility. If the owner is a corporation, the person signing the application on behalf of the corporation must be someone who specifically is authorized by the corporation to do so. If the person signing the application is not an official of the corporation, the application must be accompanied by a letter signed by an official of the corporation authorizing the person to act on its behalf for that purpose.

2. When to File Applications

Generally applications for approval to construct or modify existing waste disposal facilities should be filed 90 days prior to the planned date for commencing construction.

However, the review period will likely be longer if the proposal is highly complex, or if it is determined during review that additional information is necessary for proper assessment of the proposal or that the proposal needs to be subjected to a public consultation/hearing process.

In order to reduce the risk of unforseen delays associated with the legal requirement to obtain an approval prior to the commencement of operation of the proposed facility, Clients should familiarize themselves with the specifics of the approval process and the associated documentation and information requirements for various types of proposals outlined in this Guide, and schedule their projects accordingly. It is also suggested that applications for proposals be filed after the Client has addressed public concerns regarding the proposal and has completed any public consultation/notification required under the EBR.

The Client should also determine whether the Environmental Assessment Act (EAA) applies to the undertaking and if so should ensure the requirements of the Act have been met.

3. Where to File Applications

Applications for approval of most waste management facilities (sites and systems) are formally made to the Director of the Environmental Assessment and Approvals Branch (EAAB) of the Ministry of the Environment by submitting a completed application form, together with the required supporting information and documentation, and the correct application fee. However, applications for approval of hauled sewage and biosolids disposal sites are to be sent directly to the Ministry’s District Office serving the area in which the existing or proposed disposal site is/will be located. These applications should not be sent to the Environmental Assessment and Approvals Branch.

In addition, the applicant must submit a copy of all supporting information and documentation to the Ministry’s District Office serving the area in which the proposed waste management facility is to be located. The locations and addresses of the local District Offices are listed in Appendix D of this Guide.

4. Approval Process

4.1 Pre-Application Consultation

Where pre-application consultation is required or desired, it should be initiated by contacting the local District Office of the Ministry. The District Office may call upon or direct the Client to other offices, branches or sections of the Ministry which may play a role in the approval process.

In the pre-application consultation with the Ministry, the Client should be prepared to discuss the nature of the proposal, and identify in general the proposed waste disposal facility type, location and design and the EBR and EAA requirements, if applicable. The Ministry will assist the Client in identifying all provincial environmental legislation, policies, objectives, guidelines and procedures applicable to the project and provide information on the EBR and public consultation. The Ministry would also discuss with the Client the need for, and the scope and specifics of the various types of information and documentation which may be required to be obtained/prepared and submitted with the application for approval (e.g., scope of the required environmental impact analysis), including any special concerns which should be addressed, as well as requirements and procedures for the public consultation.

Based on such pre-application consultation, the Client would be better prepared to develop the environmental objectives (including public health) for the project with a clear understanding of the Ministry’s requirements, and design the facility to meet these objectives.

4.2 Review of Application

Upon receipt by the Ministry’s District Office, the application is assigned to an Abatement Officer who screens it for completeness. If the submission is generally complete (i.e., includes all applicable major items of information and documentation necessary for proper assessment of the application), an acknowledgement letter is sent to the applicant identifying the Abatement Officer assigned to undertake the review. If a submission is grossly incomplete, it is returned to the applicant.

Detailed review of the application is conducted by the Abatement Officer chronologically in order of its receipt, and therefore, detailed review for a particular application normally does not commence immediately upon its receipt.

In the detailed review stage, the Abatement Officer assesses the completeness and adequacy of the submitted detailed design documentation and other information, compliance with all Ministry Acts, regulations, procedures, objectives and environmental guidelines, adequacy of controls and contingencies provided to facilitate the proper operation of the facility, and the submitted Application Fee.

If the proposal is subject to the EBR requirements, and public consultation has not been addressed by the Client prior to the submission of the application, any comments that are received from the public as a result of the notification on the ER will be considered in the review. It may be necessary for the Ministry to discuss/verify some of the comments with the Client or other Ministry offices/branches. Applications subject to the EBR requirements, must as a minimum, allow for a 30 day comment period. For new or major projects, delays can also be encountered if there is significant public comment/concern on a proposal. As a result, the comment period may need to be extended from the minimum 30 day requirement. It is therefore in the interest of the Client to ensure that public consultation is completed prior to the submission of the application. The review of the application and the notice on the ER will occur concurrently to minimize turnaround times.
In the process of this detailed review, the Abatement Officer may request the Client to provide some additional information and/or to introduce some design changes to the proposed facilities. Such requests are usually communicated in writing to the Client with a deadline for response. The deadline may vary depending on the nature of the requested information, but typically, the Client is given two weeks to respond. If the Client is unable to submit the requested information within the given time, the Client must request an extension of the deadline and provide and adequate justification.

Note: If the Client fails to respond to the information requested within the given time, the Abatement Officer will assume that the Client no longer wishes to proceed with the application (i.e., wishes it withdrawn), and will proceed to cancel the application.

For proposals prescribed under the EBR, if the additional information is such that it changes the information that is on the Notice to the ER, it may be necessary for the approving office to resubmit the Notice and restart the comment period.

Upon completion of the review, when all outstanding issues have been addressed, the Abatement Officer prepares the Certificate of Approval and provides this document as his/her recommendations on the Application to the approving Director (the District Manager).

4.3 Financial Assurance

The is no requirement for Financial Assurance for sites at which processed organic waste or hauled sewage are spread. Likewise, Financial Assurance is not normally obtained from haulers of processed organic waste or hauled sewage if the applicant provides proof of sufficient liability insurance.

4.4 Issuance of Approval

Upon considering the Abatement Officer’s recommendation, the approving Director may grant approval for the proposed facility or, if in his/her opinion it is the public interest to do so, refuse to grant approval or grant approval on such terms and conditions as he/she deems necessary.

The Director may grant his/her approval of the proposed works by issuing one of the following documents:

i) A new Certificate of Approval;
ii) An Amended Certificate of Approval; or
iii) A Notice amending an existing Certificate of Approval.

New Certificates of Approval are issued to approve establishment of new waste disposal facilities or expansions or alterations to existing unapproved facilities. Amended Certificates of Approval are usually issued to approve expansion or alteration to existing previously approved facilities. An Amended Certificate of Approval revokes and replaces the existing Certificate of Approval. Notices amending existing Certificates of Approval are usually issued to approve modifications to existing previously approved sites or modifications to the existing terms and conditions of an existing Certificate of Approval. Such a Notice becomes part of the Certificate of Approval it amends.

In granting approval, the Director may decide to impose terms and conditions on the approval. These conditions usually concern the operation and performance of the waste disposal facility and may cover such items as maintenance and operation of the waste disposal facility as well as performance of any pollution control equipment that may be associated with the facility.

For proposals subject to the EBR, the final decision on an application is rendered at the end of the comment period and after all of the comments have been considered in the review. Notice of the final decision on the application along with information on the number of comments received and the impact of the comments is given to the public on the ER. This notice stays on the ER for 15 days, during which time, the public may seek leave to appeal the decisions for certain approvals. Details on third party appeals are provided in the guide entitled "EBR Requirements for Instruments".

4.5 Mandatory and Discretionary Hearings

Applications submitted under Part V, EPA for a waste disposal site may be subject to a mandatory hearing or a discretionary hearing. Section 30 of the EPA prescribes the types of applications that are subject to a mandatory hearing and Section 32 of the EPA prescribes those subject to a discretionary hearing. Generally applications of new or expanding landfill sites and incinerators for disposal of domestic waste which is the equivalent of that generated by 1500 persons, or for hauled liquid industrial waste or hazardous waste, requires a mandatory hearing. Others are subject to a discretionary hearing. The hearing requirements should be discussed during the pre-submission consultation.

If a mandatory hearing is required, the Client will be notified up front and be requested to pay the hearing fee. A decision or the discretionary hearing will be made after completion of public consultation and technical review prior to issuing an approval.

4.6 Emergency Certificate of Approval

If Director is of the opinion that an emergency situation exists due to :

1. danger to the health or safety of any person,
2. impairment or immediate risk of impairment of the quality of the natural environment for any use that can be made of it,
3. injury or damage or immediate risk of injury or damage to any property or to any plant or animal life, he may, under Section 31, EPA, issue a Provisional Certificate of Approval without holding a public hearing which would otherwise be mandatory. The intent of Section 31 is to allow an emergency situation to be alleviated and provide time to obtain the approvals necessary for the long- term disposal of waste to be obtained.

An emergency situation may arise, for example, if the landfill being used by a municipality has reached approved capacity before alternative facilities have been established through the normal approvals procedure or where early site closure is required for a serious environmental reason. Without an approved facility available to handle a municipality’s waste, the uncontrolled disposal of waste would pose a danger to health and a serious risk to the environment.

As solid waste management is an essential service for which municipalities are responsible and can be required to provide (Section 29, EPA), emergency certificates are only issued for a municipality. If a private sector facility provides the services on behalf of the municipality, the emergency certificate can be issued to the private facility to handle the municipality’s waste.

An application for an Emergency Provisional Certificate of Approval is not formally required under Section 31 of the EPA, however, one is normally requested along with the necessary supporting information.

The following is a list of supporting documents required for the review of the application:

(1)Details of the nature of the emergency situation and how it evolved. If a landfill has reached approved capacity, confirmation of the site contours should be provided through a site survey or other accurate means.

(2)Reasons pursuant to Section 31, EPA whereby an emergency situation exists.

(2)Details of the existing and proposed activities being pursued by the municipality to promote the reduction of waste requiring disposal.

(3)The alternative solutions for alleviating the emergency situation and an evaluation of those alternatives. The evaluation criteria should include:

(a) Hearing Board Decisions

• not accept site rejected by Hearing Board,
• not accept site currently before Hearing Board unless for the continued use by existing users.

(b) Impact on Environment

• must be site where all impacts are or can be made acceptable within a reasonable time frame.
• -site where control systems are being implemented or a feasible program to control impact is being developed is acceptable.

(c) Existing Site

• use of existing site preferred:

1. increasing daily rate of fill amendment preferred,
2. increasing total site capacity amendment acceptable.

• use of new “greenfield’ site not desirable.

(d) Willing Host

• willing host municipality preferred (applies to both private and public sector site):

1. Municipal representatives

• resolution of council

2. General public

• input of public liaison committee; or
• public meeting held by applicant.

(e) Site Located Within County or Waste Management Master Plan (WMMP) Study Area

• use of own site preferred,
• use of other site within county of WMMP desirable (as county can assume control of waste management under recent legislation change)
• use of site outside of county or WMMP acceptable.

(f) Economic Impact

• cost of alternative not normally an important consideration.

(4) A description of the chosen alternative and how it alleviates the emergency situation.

(5) The closure measures to be implemented at any previously used waste disposal site which is no longer to be used.

(6) An operating and development plan for the period of the emergency clearly delineating operations during the emergency including:

• (a) types and quantities of waste,
• (b) municipalities served and their respective population,
• (c) the length of time the facility is to be used,
• (d) required changes to the operation/development of the site,
• (e) existing information on the environmental impacts of the site. For a landfill, this information should include potential groundwater, surface water and methane gas impacts, an impact monitoring program and any remedial measures required.
• (f) a work plan and timetable for approval and implementation of long term waste management plan.

(7) Work plan and timetable for approval and implementation of long term waste management plan.

(8) Letter from the medical officer of health indicating whether an emergency situation with respect to human health and welfare exists.

5. Public Notification and Access to Application Information

The release of information contained in application forms or submitted in support of an application is subject to the provisions of the Freedom of Information and Protection of Privacy Act, Ontario Regulation 677/87 and the Municipal freedom of Information and Protection of Privacy Act, 1989. These Acts define what may and what may not be disclosed to the public and will be used to assess all requests for information contained in approvals.

The information submitted with the application for approval may also be subject to the Act Respecting Environmental Rights in Ontario Act, which requires public notification of applications for approval of certain works. During the time that the notice of the proposal is on the Environmental Registry, the public will be able to submit written comments on the proposal to the approving office. In addition, the public will be able to view parts of the application submission at the approving office as well as at the District Office in the vicinity of the proposal. Comments that are submitted will be considered during the detailed review stage of the application.

The applicant should therefore clearly identify all documents which are to be considered confidential or proprietary and must provide detailed evidence in support of this claim. The evidence in support of this claim will be one of the factors the Ministry considers when making a decision regarding disclosure of the records.

6. False Information

It is an offence under Section 184 of the Environmental Protection Act to knowingly give false information to the Ministry in respect to matters under the Act or regulations. Penalties for this and other violations could result in fines of up to $10,000 for the first conviction and up to $25,000 for each subsequent conviction where the offence is committed by an individual and $50,000 and $100,000 respectively where the offence is committed by a corporation.

7. Questions Regarding Filing Applications for Approval

For any assistance or advice regarding the filing of applications for approval of waste disposal sites, the local District or Regional Office, or the Waste Unit of the Environmental Assessment and Approvals Branch (EAAB) may be contacted. The telephone numbers and address for the EAAB are listed in the Foreword of this Guide.

Part II - INSTRUCTIONS FOR COMPLETING APPLICATION FORM

Applications for approval of sites for the disposal of hauled sewage (septage) and processed organic waste (biosolids) must be submitted using application forms titled “Application for Approval of a Hauled Sewage (Septage) or Processed Organic Waste (Biosolids) Disposal Site”. These applications must be submitted to the Ministry’s local District Office or Area Office which has responsibility for the area in which spreading is to occur.

The application form is designed to be used in applying for all types of hauled sewage (septage) and processed organic waste (biosolids) disposal sites, but some of the required information may not be applicable to a particular site. However, except where the application form instructs otherwise, the application form must be completed in its entirety. Incomplete applications may be returned to the applicant. If a particular item is not applicable, "NA" must be entered to indicate that the item has been considered.

Section 1. Client Information

“Client” means the person or organization to whom the Certificate will be issued. This person or organization is ultimately responsible for compliance with all of the conditions on the site certificate.

Client Information is the information which identifies the individual or organization having legal responsibility for the proposed hauled sewage or processed organic waste disposal site, who is normally the legal Owner or Lessee of the land where the site is to be located, or the Owner of the hauled sewage or processed organic waste management system which is to use the site for disposal of the hauled sewage or processed organic waste removed from their sources. Even if another individual or organization, formally authorized by the Owner or Lessee of the land, or Owner of the waste management system, applies for approval on behalf of the Owner, it is still the Owner or Lessee of the site who is the Client for the purposes of this application.

Note: If the Client submits, with the application, a copy of their Master Business Licence (MBL) obtained from the Ontario Ministry of Consumer and Commercial Relations, this Section does not need to be completed except for its Business Identification Number, and Activity Classification Code and/or Business Activity Description items. [ For information of the MBL the Client may call the Ontario Business Connections (Ontario Ministry of Consumer and Commercial Relations) at 1-800-565-1921 or (416) 314-9151, or access their Internet site at http://www.ccr.gov.on.ca.]

1. Client Information (owner of waste management system, or owner or lessee of land)
View form information in the original version of the document in PDF format

The following information about the Client is to be provided in this Section:

Client Name - this is the legal name of the Client, as evidenced by legal documents, which identify the Client as the individual or organization.

Client Type - this is the type of legal entity under which the Client has established his business. The Client must check one of the following choices provided by the form:

• Corporation - an incorporated entity having the status of a legal person having its own rights and responsibilities distinct from those of its owners/shareholders
• Individual - a private person
• Partnership - an unincorporated business having two or more owners who may be individuals, corporations or other unincorporated businesses
• Sole Proprietor - an individual being a single (sole) proprietor of an unincorporated company operating under a name registered under the Business Names Act
• Federal Government - a federal department or agency
• Provincial Government - a provincial ministry or agency
• Municipal Government - a municipal corporation or authority
• Other - this choice must be checked where none of the above specific types of entities apply to the Client, and the Client must specify the “other” type of entity which more appropriately describes the Client.

Note: Unless the Client is a municipal, provincial or federal government, a proof of legal name of the Client must be submitted with all applications. An acceptable proof of legal name for a particular Client Type is provided by the following legal documents:

• Corporation (Ontario)
  Form 1,2 or 3 under the Corporations Information Act as obtained from the Ontario Ministry of Consumer and Commercial Relations
• Corporation (Canada)
  Articles of Incorporation, Articles of Continuance (Form 11) or Articles of Amendment (Form 4) under the Canada Business Corporations Act as obtained from the Department of Consumer and Corporate Affairs
• Individual
  Birth certificate, passport or other document verifying legal name of the individual
• Partnership (Limited)
  Declaration under the Limited Partnerships Act as obtained from the Ministry of Consumer and Commercial Relations;
• Partnership (General)
  Documents verifying legal names of all entities constituting the partnership appropriate for the type of each individual entity
• Sole Proprietor
  Birth certificate, passport or other document verifying legal name of the individual

Business Identification Number - this is the number assigned to all registered business names by the Companies Branch of Ontario Ministry of Consumer and Commercial Relations.

Business Name - this is the name under which the Client is operating or trading, and must be provided if it is different from the Client’s legal name.

Activity Classification Code/Standard Industrial Code - this is the (Canadian) Standard Industrial Classification (CSIC) code under which the Client’s business endeavour is classified, as determined in accordance with the Statistics Canada publication “Standard Industrial Classification”,1980.

Note: Do not enter here the United States SIC (USSIC) or International SIC (ISIC) codes. If the applicable CSIC code is unknown to the Client, the Business Activity Description field of the application must be completed.

Business Activity Description - this is a narrative description of the Client’s business endeavour, which must be provided if the Client does not know the (Canadian) Standard Industrial Classification code under which the Client’s business endeavour is classified. This may include the products manufactured or sold, services provided, machinery/equipment used, etc.

Section 2. Client Physical Address

Client Physical Address is the physical location of the Client’s business head office or, if the Client is an Individual or Sole Proprietor, the Client’s place of permanent residence.

Note: If the Client submits with the application a copy of their Master Business Licence (MBL) obtained from the Ontario Ministry of Consumer and Commercial Relations, this Section does not need to be completed. [See Note under Section 1 - Client Information.]

2. Client Physical Address - Complete A, C, and D or B, C and D
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The following Client address information is to be provided in this Section:

Civic or Survey Address - this is the address identifying a physical location within a municipality, unorganized township or an unsurveyed territory, and must be provided as follows:

• Civic Address (Street Information) - the type of address used in urbanized areas, consisting of Street Number, Name, Type and Direction, and Unit Identifier, e.g., 437 Park Drive West, Unit 7, or
• Survey Address (Lot/Concession) - the type of address used in rural and suburban areas of subdivided municipalities, consisting of Lot and Concession Number, e.g., Lot 22, Concession VII, or
• 911 Numbers - numbers now assigned to rural addresses (often referred to as “fire box numbers”).\
• Survey Address (Lot/Plan) - the type of address used in unsubdivided parts of the province, consisting of Lot Number, and Reference Plan Name and/or Number, e.g., Lots 4, 5 & 6, Plan 4.

Note: A copy of the reference plan must be submitted with the application.

• Survey Address (Range, Block, Plan)- this is another type of address used in unsubdivided parts of the province

Non-Address Information - this is any additional information which may clarify the location, and it may include the community name, location in relation to roads, intersections, railway sidings, and Northing and Easting coordinates, etc.

Municipality/Unorganized Township - this is the name of the lower tier municipality or unorganized (geographic) township (not the name of the community/settlement), and it must include the type of municipality (i.e., City, Town, Village, Township, or geographic township), e.g., City of Barrie, Cardinal Village, Rideau Township, Canis Bay geographic township.

County/District - this is the name of the upper tier municipality (Regional Municipality, County or District Municipality), or geographic District or territory within which the Municipality/Unorganized Township is located.

Note: Do not include in the name the type of the upper tier municipality or geographic district; e.g., use Halton for R.M. of Halton, Simcoe for County of Simcoe, or Algoma for District of Algoma, etc.).

Province/State, and Country - these must be provided.

Postal Code - this is the postal code of the area where the Client’s business head office is located (not necessarily the same as the postal code for the Client’s mailing address).

Telephone Number - telephone number must be provided, and must include area code.

Fax Number and E-mail Address - these should be provided if available.

Section 3. Client Mailing Address

Client Mailing Address is the address where the Client wishes to receive the approval and any correspondence in relation to this application.

Note: If the Client submits with the application a copy of their Master Business Licence (MBL) obtained from the Ontario Ministry of Consumer and Commercial Relations, this Section does not need to be completed. [See Note under Section 1 - Client Information.]

3. Client Mailing Address - Complete A and C or B and C
View form information in the original version of the document in PDF format

The following Client address information is to be provided in this Section:

Civic Address or Delivery Designator and Identifier (Non-Civic Address) - this is the address identifying location for mail delivery purposes, and must be provided as follows:

• Civic Address (Street Information) - this is the type of mailing address used in urbanized areas, and it consists of Street Number, Name, Type and Direction, and Unit Identifier. If the delivery address is a Post Office Box Number, it should be provided in the Street Information area of the form (do not put P.O. Box # in the Unit Identifier area or the Delivery Designator area of the form), e.g., 437 Park Drive West, Unit 7, or P.O. Box 4035, or
• Delivery Designator and Delivery Identifier (Non-Civic Address) - this is the type of mailing address used in all other than urbanized areas, and it consists of a Delivery Designator (i.e., type of delivery: Rural Route, Suburban Service, Mobile Route, or General Delivery) and Delivery Identifier (i.e., the number identifying a particular Rural Route, Suburban Service, or Mobile Route - e.g., R.R. 2).

Municipality or Postal Station

• Municipality - this is the name of the lower tier municipality within which the Client’s Postal Station is located; the names of unorganized (geographic) townships cannot be used in Mailing Address, and for locations not within an organized municipality, the Postal Station must be identified instead.
• Postal Station - this is the name of the Client’s Postal Station which is usually the name of the community or settlement within which the Postal Station is located; Postal Station name is only required for locations not within an organized municipality.

Province/State, Country, and Postal Code - these must be provided.

Section 4. Site Information

Site Information includes identification, description and location of the site where the proposed spreading activities are to be undertaken.

4. Site Information
(Location where activity/works applied for is to take place. Please attach a sketch of the Site showing relevant features, structures, setback areas, sensitive uses and spreading locations. Also include a topographical map (1:10,000 scale), showing Site location.)
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The following site information is to be provided in this Section:

Site Name - this is the name under which the site is known, and it should be provided if applicable.

MOE District Office - this is the name of the District Office of the Ministry of the Environment in whose area of jurisdiction the site is located (the District Office where a duplicate copy of the application must be sent by the Client), e.g., Halton-Peel District Office.

Legal Description - this is the legal description of the site as evidenced by a copy of legal survey for the property, which must be enclosed with the application.

Civic or Survey Address - this is the address identifying the physical location of the site within a municipality, unorganized township or an unsurveyed territory, and must be provided as follows:

• Civic Address (Street Information) - see instruction in Section 2, or
• Survey Address (Lot/Concession) - see instruction in Section 2, or
• Survey Address (Lot/Plan) - see instruction in Section 2.
• Survey Address (Range, Block, Plan) - see instruction in Section 2.
• Non-Address Information - see instruction in Section 2.

Site Geo-Reference - this is the geographic location of the site identified as point, line or polygon coordinates of the site in reference to the Universal Transverse Mercator (UTM) grid adopted for this purpose by the Ministry. The Client is encouraged to provide the geo-reference data for all sites, however, if the site is located within an unsurveyed territory or an unsurveyed township (i.e., whose physical address is not a civic address or Lot# and Concession#), the information must be provided, and applications involving such sites will be considered incomplete if the geo-reference data is missing. The geo-reference data required to be provided is as follows:

• Map Datum - this is the UTM datum of the map or GPS (Global Positioning System) used to specify position of the point or points of reference; currently, there are two map data systems in use in North America, namely, the North American Datum 1927 (NAD27) and NAD83. The NAD83 is preferred as the current Ontario Base Maps are constructed using this system, however NAD27 is acceptable.
• Zone - this is the UTM Zone within which the site is located; there are four UTM Zones within Ontario, namely 15, 16, 17 and 18.

• Accuracy Estimate - this is the accuracy (+/- metres) of the provided UTM Northing and Easting coordinates for the point(s) of reference; the accuracy of the data depends on the method used to generate the data, e.g., the accuracy of direct geodetic survey may be less than 1 metre, a GPS (depending on its quality) may guarantee accuracy from 1-10 metres to more than 10-30 metres, and a topographic map a 10-100 metre accuracy.

• Georeferencing Method - this is the method used to generate the data for the provided UTM Northing and Easting coordinates for the point(s) of reference; these could be determined by geodetic survey, or estimation from a map, a GPS or the Gazetteer (http://geonames.nrcan.gc.ca/cgndb/english/cgndb.html) or any other specified method.
• UTM Easting - this is the distance in metres from the western delimiter of the point’s reference UTM Zone to the point of reference.
• UTM Northing - this is the distance in metres from the equator to the point of reference.

Note: The site geo-reference point(s) identified in this section must be shown on the general site plan which must be submitted with all applications.

Municipality/Unorganized Township - see instruction in Section 2.

County/District - see instruction in Section 2.

Postal Code - this is the postal code of the area where the site is located (not necessarily the same as the postal code for the site’s mailing address).

Land Use Designations for the proposed site - these are the existing Zoning and Official Plan designations for the site on which the spreading activities are to be undertaken. This information can be obtained from the local municipal planning office, or from the local Planning Board in unorganized parts of the province.

Adjacent Land Uses - these are the existing Zoning and Official Plan designations for land use in the lands adjacent to the site; at least one of the provided choices (i.e., Industrial, Residential, Commercial, Agricultural, Recreational, Drinking Water Supply, or Other) must be identified; if “Other” is checked, it must be explained in the space provided. This information can be obtained from the local municipal planning office, or from the local Planning Board in unorganized parts of the province.

Owner/Lessee of the Site - this is a statement indicating whether the Client is the owner or lessee of the site where septage or biosolids are to be stored or disposed.

Note: If Client is not the owner or lessee of the site, the name and mailing address of the land owner, and where applicable, the name and mailing address of the lessee of the land, and his/her written consent for the proposed site must be provided in the appropriate sections of the application form.

ORMCA check-box – It is the applicant’s responsibility to verify whether or not the site is located on the Oak Ridges Moraine Conservation Area as defined by the Act and Plan. If “Yes” is checked, the applicant must attach proof of municipal planning approval (e.g. Letter from the site municipality confirming land use compliance and planning approval). It should be noted that spreading biosolids is not a permitted activity within the well-head protection areas and high aquifer vulnerability areas of the moraine.

Section 5. Landowner Information

Note: This section needs only be completed if the Client is not the owner of the lands on which the proposed site is located and which is the subject of the application for approval.

Landowner Information is the information which identifies the owner of the site which is the subject of the application.

5. Landowner Information (if not the client) -Complete A, B, and D or A, C, and D
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The following information about the Landowner is to be provided in this Section:

Landowner’s Name - this is the name of the entity (individual, corporation, etc.) who is the owner of the site which is the subject of the application.

Landowner’s Mailing Address - this is the address under which the Landowner may be contacted by mail, and in the same way as the Client Mailing Address (see instructions for Section 3 “Client Mailing Address”), must include:

• Civic Address or Delivery Designator and Identifier (Non-Civic Address),
• Municipality or Postal Station, and
• Province/State, Country, and Postal Code.

Section 6. Lessee Information

Note: This section needs only be completed if the site which is the subject of the application for approval is under lease and the Client (applicant) is not the lessee of the land.

Lessee Information is the information identifying the Lessee of the site which is the subject of the application.

6. Lessee Information (if applicable) - Complete A, B, and D or A, C, and D
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The following information about the Lessee is to be provided in this Section:

Lessee’s Name - this is the name of the entity (individual, corporation, etc.) who is leasing the site which is the subject of the application.
Lessee’s Mailing Address - this is the address under which the Lessee may be contacted by mail, and in the same way as the Client Mailing Address (see instructions for Section 3 “Client Mailing Address”), must include:

• Civic Address or Delivery Designator and Identifier (Non-Civic Address),
• Municipality or Postal Station, and
• Province/State, Country, and Postal Code.

Section 7. Project Information

7. Project Information
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The following information is to be provided in this Section:

Type of Application - this item provides choices for the Client to indicate whether the application is a request for a new Certificate of Approval or an amendment to an existing Certificate of Approval. The choice should be made based on the following:

• New Certificate of Approval - this choice is to be indicated if the proposal is not associated with any existing septage or biosolids disposal site, or there is no record of any previous approvals for the existing site,
• Amendment to Existing Certificate of Approval - this choice is to be indicated if the proposal involves amendments to the terms or conditions of an existing approval.

Existing Certificate of Approval Number and Date of Issue - this information is the identification number and date of issue of the existing certificate that is to be amended, and must be provided if “Amendment to Existing Certificate of Approval” is indicated in the “Type of Application” box . Also, a copy of the existing certificate and any previously issued amending Notices should be enclosed with the application in such a case.

Project Description Summary - this is a brief description of the proposed hauled sewage (septage) or processed organic waste (biosolids) disposal site and/or the requested changes to the terms and/or conditions of the existing approval.

Project Name - this is a project identifier name to which the Client wishes the project to be referred in any correspondence from the Ministry in relation to the application for approval.

Project Type - this is the type of disposal site which is the subject of the application for approval. The Client must indicate here either of the two provided choices, i.e., “Hauled sewage (septage) disposal site” or “Processed organic waste (biosolids) disposal site”.

Source of Hauled Sewage/Processed Organic Waste - this is an indication of the type of ownership of the facility or facilities which is/are the source of the waste. The client must indicate one of the provided choices, i.e., Municipal, Provincial, Private, or Other.

Type of Hauled Sewage/Processed Organic Waste - this is an indication of the type of waste proposed to be disposed (spread or stored) at the disposal site. The Client must indicate one of the provided choices (i.e., Residential, Commercial, Institutional, Industrial, or Other).

Amount of Hauled Sewage/Processed Organic Waste proposed to be spread, stored or disposed at the site based on a single application - this is the maximum amount of waste (expressed in cubic metres or litres) which is proposed to be spread or disposed at the site during a single application cycle (not necessarily a single application event), or in the case of a temporary storage facility, the maximum amount of waste which is proposed to be stored at the site at any particular point of time. (Note: the maximum amount of waste that can be temporarily stored is limited to the maximum amount of waste permitted to be spread on the site in a single application cycle.)

Total Site Area - this is the total area (expressed in hectares) of the property within which lies the hauled sewage (septage) or processed organic waste (biosolids) application/temporary storage area.

Total Usable Area - this is the total area (expressed in hectares) of the portion(s) of property where hauled sewage (septage) or processed organic waste (biosolids) is proposed to be spread or temporarily stored.

Type of Soil - this is the general type of soil (e.g., sandy clay, clayey silty sand) within the proposed hauled sewage (septage) or processed organic waste (biosolids) application/temporary storage area(s) of the site.

Soil Permeability - this is the average coefficient of permeability of soil (expressed in cm/s) within the proposed hauled sewage (septage) or processed organic waste (biosolids) application/temporary storage area(s) of the site.

Average Slope - this is the range of the average slope of terrain within the proposed hauled sewage (septage) or processed organic waste (biosolids) application/temporary storage area(s) of the site. The slope ranges of which one must be indicated include: flat (0-3%), gentle (3-6%), moderate (6-9%), and steep (more than 9%).

Depth to Water Table - this is the minimum depth at which the water table can be found within the proposed hauled sewage (septage) or processed organic waste (biosolids) application/temporary storage area(s) of the site. The depth to water table ranges of which one must be indicated include: shallow (1.0 metre or less), and deep (more than 1.0 metre).

Average Depth to Bedrock - this is the range of the average depth at which bedrock can be found within the proposed hauled sewage (septage) or processed organic waste (biosolids) application/temporary storage area(s) of the site. The depth to bedrock ranges of which one must be indicated include: shallow (1.5 metres or less), and deep (more than 1.5 metres).

Is the Site tile drained? - by answering this question, the Client is to indicate whether the proposed hauled sewage (septage) or processed organic waste (biosolids) application/temporary storage area(s) of the site are provided with a tile drainage system.

Distance to the nearest water course - this is the closest distance (expressed in metres) from any of the proposed hauled sewage (septage) or processed organic waste (biosolids) application/temporary storage area(s) of the site to any water course.

Distance to the closest house on-site - this is the closest distance (expressed in metres) from any of the proposed hauled sewage (septage) or processed organic waste (biosolids) application/temporary storage area(s) of the site to any dwelling within the property lines of the site.

Distance to the closest house off-site - this is the closest distance (expressed in metres) from any of the proposed hauled sewage (septage) or processed organic waste (biosolids) application/temporary storage area(s) of the site to any dwelling outside the property lines of the site.

Distance to the nearest residential development - this is the closest distance (expressed in metres) from any of the proposed hauled sewage (septage) or processed organic waste (biosolids) application/temporary storage area(s) of the site to any cluster of two or more dwellings.

Distance to the nearest well - this is the closest distance (expressed in metres) from any of the proposed hauled sewage (septage) or processed organic waste (biosolids) application/temporary storage area(s) of the site to any groundwater supply well where the water may be used for drinking or livestock watering.

Well Type - this is the type of the groundwater supply well (e.g., dug well, shallow drilled well, drilled well) nearest to any of the proposed hauled sewage (septage) or processed organic waste (biosolids) application/temporary storage area(s) of the site.

Proposed Winter Spreading/Storage - this is an indication whether the site is intended for winter disposal of septage or biosolids. If so, it must also be indicated whether the winter disposal is to be undertaken by storage, soil injection or surface spreading.

Rate of Application - this is the rate of application of septage to the proposed hauled sewage (septage) site expressed in litres per square metre per seven day period. [Note: This information does not apply to temporary storage.] The rate of application for processed organic waste (biosolids) is determined through use of the “Guidelines for the Utilization of Biosolids and Other Wastes on Agricultural Land”, March, 1996, (MOEE,OMAFRA). Processed organic waste (biosolids) and hauled sewage (septage) may not be spread or temporarily stored on the same site. The rate of application of hauled sewage (septage) is specified in the System Certificate of Approval for hauled sewage. The “Former Chapter 13" of the EPA Part VII “Manual of Policy Procedures and Guidelines for Private Sewage Disposal Systems” provides additional information on the spreading of hauled sewage.

Section 8. Processed Organic Waste Source

Note: This Section does not apply to hauled sewage (septage) disposal sites.

The words Processed Organic Waste Source are used to keep this type of waste separate from hauled sewage (septage), and to identify the intended source of the processed organic waste which is being disposed (or will be disposed) at the processed organic waste (biosolids) disposal site which is the subject of the application for approval.

8. Processed Organic Waste Source
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In this section, if applicable, the Client must provide information on the source of the processed organic waste (biosolids), as follows:

Plant/Facility Name - this is the name of the sewage treatment plant or other facility which is, or will be, the source of processed organic waste (biosolids) disposed, or to be disposed at the processed organic waste (biosolids) disposal site.

Plant/Facility Owner - this is the name of the legal entity who is the owner of the plant/facility which is the source of biosolids.

Plant/Facility Type - this is the type of plant/facility which is the source of biosolids (e.g., municipal sewage treatment plant).

Civic or Survey Address - this is the address identifying physical location of the plant/facility which is the source of biosolids within a municipality, unorganized township or an unsurveyed territory, and must be completed in accordance with the instructions for the client physical address under Section 2 - Client Physical Address in this part of this Guide.

Municipality/Unorganized Township, County/District, Province/State, and Country - these must be completed in accordance with the instructions for the Client physical address under Section 2 - Client Physical Address in this part of this Guide.

Postal Code - this is the postal code of the area where the plant/facility is located (not necessarily the same as the postal code for the plant’s mailing address).

Section 9. Other Approvals

In this Section of the application form, the Client must list the numbers of all existing certificates of approval for any hauled sewage or processed organic waste management systems associated or intended to be associated with the hauled sewage or processed organic waste disposal site which is the subject of the application for approval.

9. Other Approvals
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Section 10. Supporting Information Checklist

The Supporting Information Checklist includes all major types of information and documentation which may be required in support of an application for approval of a hauled sewage or processed organic waste disposal site.

10. Supporting Information Checklist - This is a list of all supporting information to this application and is subject to the FOIPOPA.
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The Checklist must be completed as follows:

• For all items of the Checklist (i.e., all listed types of supporting information), the Client must indicate in the "Attached" column whether a particular type of information is enclosed with the application to ensure that where a particular type of information is not submitted with the application, it is not by omission but because the Client has determined that the type of information is not relevant to the proposal.
• For all submitted supporting information whose type is one of those listed in the Checklist, the Client must identify in the "Reference" column the attachment which contains the information (e.g., report name and chapter/page number, or drawing title, number, revision number and date), and indicate in the "Disclosable" column whether the Client considers the submitted information confidential. [Note: For clarification on the issue of confidentiality and release of information, please refer to “Public Notification and Access to Application Information” in Part I of this Guide]
• For any submitted supporting information which does not fall within the definition of any of the specific items of the Checklist, the Client should identify it in the "Other Attached Information" item, and complete the item as above.
• Where the Client wishes the Ministry to consider as supporting information for the application any information submitted previously (e.g., with another application), the "Attached" column of the item should be checked as “No”, and the "Reference" column must identify the Certificate of Approval number and the associated document which contains the information.

Section 11. Application Fees

Application Fees cover the application processing charge required in order to recover cost incurred by the Ministry in processing the application for approval. The charge applicable to a particular application is established in accordance with the Ontario Regulation 364/98 entitled “Regulation Made Under the Environmental Protection Act - Fees - Approvals”. The Regulation sets out in detail the fee components applicable to various types of applications for approval and their individual aspects.

11. Application Fee (check appropriate categories)
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The Application Fee table of the application form must be completed, based on the Summary of Cost sheet enclosed with the application form, as follows:

Category Code and Category Description - these are identifiers of an individual aspect of a particular type of application for approval (cost category) to which a separate fee applies, as per the Summary of Cost sheet. All cost categories applicable to the particular application for approval must be listed in the Application Fee table.

Amount - this is the individual fee amount applicable to the individual cost category, as per the Summary of Cost sheet.

Quantity - this is the number indicating how many individual facilities or systems under a particular cost category are the subject of the application for approval (e.g., if the application involves two ................. , the category applicable to a ................. applies two times, i.e., the quantity is “2").

SubTotal - this is the total fee under a particular cost category applicable to the application for approval.

Total - this is the total fee required for the application for approval.

Note: For further clarification the Client should also refer to the Regulation or to the current Application Cost Guide available from the Ministry, that is:

Costs for EPA s. 27 Applications - Supplement to Application For Approval

Section 12. Statement of Client

Statement of Client is the Client’s affirmation that to the best of his/her knowledge, the information provided in the application form and the submitted supporting documentation is accurate and complete.

12. Statement of Client
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This section must be completed as follows:

Client Name, and Title - these are the name and title of the Client (if the Client is an individual or a sole proprietor), or an agent authorized to sign documents on behalf of the Client.

Note: If the person signing the application is not the Client who is an individual or a sole proprietor, or where the Client is a corporation, if the person signing the application is not an officer of the corporation identified in the documents of incorporation (e.g., President, CEO, CAO, Municipal Clerk), the Client’s written authorisation for the person signing the application must be enclosed with the application. For example, in the case of a partnership, if one of the partners is signing the application, that person must be authorized by the other partner(s) to do so on his/her/their behalf.

Signature and Date - the application must be signed and dated by the person identified above.

Note: It is an offence under Section 184 of the Environmental Protection Act, RSO 1990 Ch. E. 19 to knowingly give false information to the Ministry of the Environment with respect to matters under the EPA.

Section 13. Statement of Landowner/Lessee

Statement of Landowner is the consent of the Landowner (identified in Section 5 of the application) to the use of the property as described in the application for approval.

13. Statement of Landowner(if not the client)
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Landowner Name - this is the name of the Landowner (if the Landowner is an individual or a sole proprietor), or an individual authorized to sign documents on behalf of the Landowner.

Note: If the person signing the Statement is not the Landowner who is an individual or a sole proprietor, or where the Landowner is a corporation, if the person signing the application is not an officer of the corporation identified in the documents of incorporation (e.g., President, CEO, CAO, Municipal Clerk), the Landowner’s written authorisation for the person signing the application must be enclosed with the application. For example, in case of a partnership, if one of the partners is signing the statement, that person must be authorized by the other partners to do so on their behalf.

Signature and Date - the Statement must be signed and dated by the person identified above.

Section 14. Statement of Lessee

Statement of Lessee is the consent of the Lessee (identified in Section 6 of the application) to the use of the property as described in the application for approval.

14. Statement of Lessee (if applicable)
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If applicable, this section must be completed as follows:

Lessee Name - this is the name of the Lessee (if the Lessee is an individual or a sole proprietor), or an individual authorized to sign documents on behalf of the Lessee.

Note: If the person signing the Statement is not the Lessee who is an individual or a sole proprietor, or where the Lessee is a corporation, if the person signing the application is not an officer of the corporation identified in the documents of incorporation (e.g., President, CEO, CAO, Municipal Clerk), the Lessee’s written authorisation for the person signing the application must be enclosed with the application. For example, in case of a partnership, if one of the partners is signing the statement, that person must be authorized by the other partners to do so on their behalf.

Signature and Date - the Statement must be signed and dated by the person identified above.

 

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