| #Q001 | operational | operational | mandatory | Nutrient Units Calculation Method | agricultural water, wastewater | The number of nutrient units (NUs) generated by a particular type of farm animal must be calculated by dividing the number of farm animals by the number given in the Nutrient Units Column shown on Table 1 Nutrient Unit Livestock Information, which can be found in the Nutrient Management Tables document. | | high |
| #Q002 | operational | operational | mandatory | Multiple Farm Animal Types NU Calculation | agricultural water, wastewater | If more than one type of farm animal is relevant to this calculation, the calculation must be completed for each type of animal separately, then all the results totaled to give the total NU generated by farm animals. | When more than one type of farm animal is relevant | high |
| #Q003 | reporting | reporting | mandatory | Nutrient Management Strategy (NMS) Additional Components | agricultural water, wastewater | In addition to the contents of a Nutrient Management Strategy (NMS) required by section 17 of the Regulation, the following components must be included in the NMS: - Certified preparer information, including: - o Name of the Agricultural Operation Strategy or Plan Development certificate holder or the Agricultural Operation Planning certificate holder and that person's certification number; - Owner of the farm unit and the owner or controller of the agricultural operation, if different, including: - List name and contact information; - Farm unit information (see Part 5.2.1); - Operation identifier; - Storage system summary (see Part 5.2.2) that includes: - Livestock details; - Storage details; - Nutrient content and utilization; and - Transfer information; - Overview of operation (see Part 5.2.3); - Farmstead sketch (see Part 5.2.4); and - Additional information required for regulated mixed anerobic digestion facilities (RMADFs) (see Part 5.2.5). | | high |
| #Q004 | reporting | reporting | mandatory | NMS Farm Unit Information | agricultural water, wastewater | The following information must be provided for the farm unit to which the NMS applies: - Farm name; - Any previous operation identifier issued to the agricultural operation or farm unit; - Identification of nutrients as non-agricultural source material (NASM), agricultural source material (ASM), greenhouse nutrient feedwater or commercial fertilizer, where the nutrient is generated or received at the farm unit and is one of the listed types; - Confirm status of the land to which the NMS applies as: - Owned; or - Rented or leased; - Identify each farm location that makes up the farm unit by providing: - Upper and lower tier municipality name; - Geo township name; - Lot; - Concession; and - Municipal tax roll number. | | high |
| #Q005 | operational | operational | mandatory | Storage System Summary Volume Calculations | agricultural water, wastewater | All the calculations required to determine the volume of prescribed materials generated must be completed using the following information: Livestock Details: - Identify all livestock Types, Sub-Types, Sub-Sub-Types using Table 1, found in the Nutrient Management Tables document. | | high |
| #Q006 | reporting | reporting | mandatory | Justification for Lower Animal Weights | agricultural water, wastewater | If the NMS utilizes animal weights that are lower than the average weights provided by Table 1, which can be found in the Nutrient Management Tables document, a comprehensive, written explanation must be provided in the NMS to justify the use of lower weights. | When NMS utilizes animal weights lower than Table 1 average weights | high |
| #Q007 | reporting | reporting | mandatory | Permanent Nutrient Storage Facilities Listing | agricultural water, wastewater | All permanent nutrient storage facilities on the farm unit must be listed in the NMS. For each permanent nutrient storage facility a written description is required that gives the capacity, dimensions and type of storage (for example: circular, rectangle, pile, covered, exposed to precipitation). | | high |
| #Q008 | reporting | reporting | mandatory | Temporary Field Nutrient Storage Sites Information | agricultural water, wastewater | For temporary field nutrient storage sites, the following information must be provided for each site: - Confirm/demonstrate that the storage has been sited in accordance with section 83 of the Regulation; - Confirm that the site will be managed in accordance with section 84 of the Regulation; and - Indicate the maximum number of days prescribed materials will be stored at this location determined in accordance with section 85 of the Regulation. | For temporary field nutrient storage sites | high |
| #Q009 | reporting | reporting | mandatory | Livestock Operations Storage Capacity Demonstration | agricultural water, wastewater | For livestock operations, the NMS must provide all information, including calculations, necessary to demonstrate that the permanent nutrient storage facilities, temporary field nutrient storage sites or a combination of such facilities and sites is capable of containing at least all of the nutrients generated and received at the farm unit in the course of the operation in accordance with section 69 of the Regulation. | For livestock operations | high |
| #Q010 | reporting | reporting | mandatory | Manure Generation for New or Expanding Facilities | agricultural water, wastewater | To determine the amount of manure generated in the course of an operation and whether there is sufficient storage capacity, the following information shall be relied on: - For new buildings or structures used to house farm animals ('livestock housing facilities)'or existing livestock housing facilities that are being expanded the number of farm animals must be equal to or greater than the number determined using the Livestock Housing Capacity value provided in Table 1, found in the Nutrient Management Tables document or documentation must be included indicating why the maximum housing capacity of the barn is different than the Livestock Housing Capacity value. Documentation must include barn schematics, a barn layout sketch or written description of the reason for this difference. | For new buildings or expanding existing livestock housing facilities | high |
| #Q011 | operational | operational | mandatory | Manure Generation for Existing Non-Expanding Facilities | agricultural water, wastewater | For existing livestock housing facilities that are not being expanded, the number of farm animals must be based on the intended number of farm animals to be housed in the facility. | For existing livestock housing facilities that are not being expanded | high |
| #Q012 | operational | operational | mandatory | Storage Capacity Manure Amount Calculation | agricultural water, wastewater | To determine storage capacity, the amount of manure generated must be calculated using the appropriate column in Table 1 (Liquid Amt and/or Solid Amt) found in the Nutrient Management Tables document. Alternatively, if the NMS utilizes values that are different than the values provided by Table 1, a comprehensive, written explanation must be included to justify the different values. | | high |
| #Q013 | operational | operational | mandatory | Solid Manure Density and Allowance Determination | agricultural water, wastewater | Use Table 5.1 of the Protocol to determine the Solid Manure Density, if applicable. Use Table 5.2 of the Protocol to determine the allowances for freeboard and precipitation, if applicable. | | high |
| #Q014 | operational | operational | mandatory | Land Area Determination for Spread Material | agricultural water, wastewater | To determine if there is enough land to spread this material generated or received at the farm unit in accordance with the Regulation, use the actual amount generated and received at the farm unit rather than the above calculations. | | high |
| #Q015 | reporting | reporting | mandatory | Nutrient Content and Utilization Details | agricultural water, wastewater | Every NMS must provide details of all the prescribed materials and volumes of these materials generated or received by the operation. The NMS must identify whether each material is liquid or solid as defined by the Regulation. | | high |
| #Q016 | reporting | reporting | mandatory | Other Prescribed Materials Documentation | agricultural water, wastewater | The type and quantity of prescribed materials generated and received at the farm unit, other than manure, must be documented and accounted for in the NMS. | | high |
| #Q017 | reporting | reporting | mandatory | Transfer Information Destination Description | agricultural water, wastewater | A description of the destination of all prescribed materials is required. The description must include: - The quantity and type of prescribed materials; - Any applicable signed agreements; and - Where prescribed materials are intended to be used for something other than land application as a nutrient, the location and name of the destination of the materials must be provided along with the intended use of the prescribed materials. - Where prescribed materials are intended to be land applied as a nutrient, the location and name of the destination of the materials must be provided including a statement as to whether the materials are to be: - Applied to land on the same farm unit; - Transferred under a Nutrient Transfer Agreement to another farm unit or operation with a NMP or NASM plan; - Transferred to another farm unit or operation which is not required to have a NMP or NASM plan under the Regulation; - Transferred to an intermediate operation; and - Transferred to a broker under a Broker Agreement. | | high |
| #Q018 | reporting | reporting | mandatory | Transfer or Broker Agreements Signing | agricultural water, wastewater | Any transfer or broker agreements required by the Regulation must be signed and copies attached to the NMS. | | high |
| #Q019 | reporting | reporting | mandatory | Overview of the Operation NMS Section | agricultural water, wastewater | The NMS must include an overview of the operation that includes at a minimum the following information, but do not repeat information provided in other sections of the NMS: - Reason for submission (e.g. new or expanding agricultural operation, construction or expansion of a barn or storage facility, treating off-farm anaerobic digestion materials); - Type and size of the agricultural operation; - Overview of livestock housing facilities and practices that impact nutrient management; - List of prescribed materials that are generated or received at the farm unit, including all NASM; and - Overview of cropping and management practices. | | high |
| #Q020 | reporting | reporting | mandatory | Farmstead Sketch Requirements | agricultural water, wastewater | The NMS must include a farmstead sketch. One or more sketches can be used to fulfill this requirement. A sketch must be hand drawn or computer generated, and it may incorporate photos (e.g. aerial photos), maps and satellite imagery. More than one sketch may be submitted if it is not possible to show all of the applicable details on one sketch or if there is too much information for one sketch. Every sketch must be neat and readable and include a north arrow. | | high |
| #Q021 | reporting | reporting | mandatory | Farmstead Sketch Content Detail | agricultural water, wastewater | The farmstead sketch must address the following items (either by including them or stating that an item does not exist): - Location of livestock housing facilities and permanent nutrient storage facilities, temporary field nutrient storage sites, and storages for anaerobic digestion materials, as described below: - Existing and proposed livestock housing facilities; - Existing and proposed permanent nutrient storage facilities, temporary field nutrient storage sites, storages for anaerobic digestion materials; - For temporary field nutrient storage sites only, show the area where the temporary field nutrient storage site(s) may be located within the field; and - Dimensions of all livestock housing facilities and permanent nutrient storage facilities. - Location, description and dimensions of any anaerobic digestion facility and other treatment system including a description of any facilities used for the storage of anaerobic digestion materials. - Show how the temporary field nutrient storage site or permanent nutrient storage facility meets any applicable setbacks, flow paths and other distance requirements in the Regulation to all wells, surface water, tile inlets and tile drainage systems. - For temporary field nutrient storage sites only, show how the temporary field nutrient storage site meets the required setbacks to any dwelling, residential area or commercial, community or institutional use as defined in the Regulation. - Location and dimensions of any vegetated filter strip system (VFSS) including: - Location and dimensions of the extended vegetated filter strip area; and - Location and dimensions of any permanent vegetated area or flow path associated with a VFSS. | | high |
| #Q022 | reporting | reporting | mandatory | RMADF Additional Information Inclusion | agricultural water, wastewater | If the farm unit has a RMADF that exists or is proposed to be constructed, the NMS must describe the operation as set out in this part. The NMS must account for any prescribed materials generated by an anerobic digestion facility located at the farm unit. | If the farm unit has a RMADF that exists or is proposed to be constructed | high |
| #Q023 | reporting | reporting | mandatory | Receipt of Off-farm Anaerobic Digestion Materials Description | agricultural water, wastewater | The NMS must identify the Schedule of each off-farm anaerobic digestion material that is projected to be treated by the RMADF (Schedule 1, 2A and/or 2B). It must also project the maximum total quantity of Schedule 1 material as well as the combined total quantity of Schedule 2A/2B material that is proposed to be received and treated at the RMADF in any 12-month period using the best available information at the time. If the off-farm anaerobic digestion materials proposed to be received are listed on either Schedule 2A or 2B, the NMS must include a description of the pre-treatment process for Schedule 2A and 2B materials, including the location of the pre-treatment and the minimum process temperature. | | high |
| #Q024 | reporting | reporting | mandatory | On-farm Anaerobic Digestion Materials Generated and Received | agricultural water, wastewater | The NMS must confirm the approximate quantity and type of on-farm anaerobic digestion material that will be treated in the RMADF along with the off-farm anaerobic digestion materials. The NMS must describe both on-farm anaerobic digestion materials generated at the farm unit and on-farm anaerobic digestion materials that are/will be received from other farm units. In the case of non-livestock operations, the NMS must demonstrate compliance with the quantity limits for on-farm anaerobic digestion materials established by section 98.8 of the Regulation. The NMS must demonstrate that the section 98.9(1) paragraph 3 and 4 of the Regulation will be complied with. | | high |
| #Q025 | reporting | reporting | mandatory | Anaerobic Digestion Materials Management Systems Siting and Operations | agricultural water, wastewater | The NMS must provide information that addresses the receipt and management of various on-farm and off-farm anaerobic digestion materials. This may include, but is not limited to, information on the anaerobic digestion materials reception system, anaerobic digestion materials transfer system and the feedstock system. The information required must address the siting, construction and operations of systems that deal with: - Off-farm anaerobic digestion materials; - Any manure received from other farms; and - Any on-farm anaerobic digestion materials that are fruit, vegetables or plant materials from the production and processing of fruit or vegetables. | | high |
| #Q026 | reporting | reporting | mandatory | RMADF Operation and Treatment Information | agricultural water, wastewater | The NMS must include information that addresses the operation and treatment provided by the RMADF. This must include, but is not limited to, information that addresses elements of: - The design of the RMADF; - The time/temperature treatment to be provided; - The operation of the RMADF; and - Odour control systems (where required by the Regulation). | | high |
| #Q027 | reporting | reporting | mandatory | Management of Anaerobic Digestion Output | agricultural water, wastewater | The NMS must provide information that addresses the management of anaerobic digestion output from the RMADF. | | high |
| #Q028 | reporting | reporting | mandatory | Nutrient Management Plan (NMP) Contents Addition | agricultural water, wastewater | In addition to the contents of a Nutrient Management Plan (NMP) required by section 24 of the Regulation, the following components must be in included in a NMP: - Certified preparer information, including: - Name of the Agricultural Operation Strategy or Plan Development certificate holder or the Agricultural Operation Planning certificate holder and that person's certification number; - Owner of the farm unit and the owner or controller of the agricultural operation, if different, including: - List name and contact information; - Farm unit information (see Part 7.2); - Description of ASM to be land applied (see Part 7.3); - Field information (see Part 7.4); - Field sketch (see Part 7.4); - Cropping practices and application rate information (see Part 7.5); and - Land base and storage information (see Part 7.6). | | high |
| #Q029 | reporting | reporting | mandatory | NMP Farm Unit Information | agricultural water, wastewater | The following information must be provided for the farm unit to which the NMP applies: - Farm name; - Operation identifier; - Identification of materials containing nutrients as NASM, ASM, greenhouse nutrient feedwater or commercial fertilizer received at the farm; - Confirm status of the land to which the NMP applies as: - Owned; or - Rented or leased; - Identify each farm location that makes up the farm unit by providing: - Upper and lower tier municipality name; - Geo township name; - Lot; - Concession; and - Municipal tax roll number. | | high |
| #Q030 | reporting | reporting | mandatory | Description of Nutrients to be Land Applied | agricultural water, wastewater | For each nutrient to be land applied at the farm unit, the NMP must set out the: - Amount expected to be applied; - Source of nutrient content information (must be a lab report or Table 2 from the Nutrient Management Tables); - If material test results are used, the material test laboratory reports must be kept as a record. - Dry matter content (does not apply to commercial fertilizer); - Nitrogen content; - Phosphorus content; and - Potassium content. | | high |
| #Q031 | reporting | reporting | mandatory | NMP Field Properties Information | agricultural water, wastewater | The following information must be provided for each field that is included in the NMP: - Field name; - Field location; - Tillable area within the field (in hectares or acres); - Area available for land application of prescribed materials within the field (in hectares or acres); - Maximum sustained slope within the field; - The representative soil series, texture, and hydrologic soil group within the field; and - Include soil test information and lab reports, where required, as per section 91 of the Regulation. | | high |
| #Q032 | reporting | reporting | mandatory | NMP Field Sketch Requirement | agricultural water, wastewater | A sketch is required for each field in the NMP. It must accurately reflect the required features identified in this part. The sketch must include the field components as described below: - Identify the individual fields and their boundaries including a field identifier that is consistently used through the NMP. - Delineate the application area within the field. - If applicable, identify and delineate sections within any field. - Indicate on the sketch whether any field has any tile drainage. For any field that has any tile drainage features, include the following on the sketch: - Show or clearly describe the location of all known tile outlets that discharge to any type of drain, ditch or other surface water or that discharge to ground surface in any instance where the tile discharge occurs within the field boundary or at the edge of the field boundary. - Where no outlets are located within the scope of the sketch as described above, provide a statement or description that identifies where the tile drainage system daylights. - Show the location of all tile inlets located within the boundary of the field; - Where no tile inlets as describe above exist, a statement indicating this must be included. - Show the location of all known tile inlets located beyond the boundary of the field that may receive drainage from the field; - Where no tile inlets as describe above exist, a statement indicating this must be included. - Indicate the location of wells on the sketch as follows: - Show the location of any well that is a municipal well where it is located within the field or within 100 metres of the field boundary; - Describe these wells as a 'municipal well' on the sketch; - Show the location of all wells that are not a municipal well where they are located within the field or within 30 metres of the field boundary; - For each well that is not a municipal well, include a description of the well according to the following rules: - If the well is a drilled well that has a depth of at least 15 metres and a watertight casing to a depth of at least six metres below ground level, describe the well on the sketch as a 'drilled well;' and - If the well is not a drilled well that has a depth of at least 15 metres and a watertight casing to a depth of at least six metres below ground level, describe the well on the sketch as an 'other well.' - In the event no wells meeting the criteria above exist, a statement indicating this must be included. - Indicate the location of all surface water present in the field or within 150 metres of the field boundary. If no surface water meeting this criterion exists, a statement indicating this must be included. Where surface water is present within 150 metres of the application area, the following additional information is required: - Identify the maximum sustained slope of the field for the land that falls within 150 metres of the top of bank of surface water; and - Show the separation distances from surface water that are required to meet regulatory requirements. | | high |
| #Q033 | reporting | reporting | mandatory | Cropping Practices and Application Rate Assessment | agricultural water, wastewater | The following information must be used in order to determine whether the proposed application rate is compliant with the requirements of the Regulation and the Protocol: - Planting and harvest dates (or growth and dormancy dates for perennial crops) for all crops and cropping years included in the NMP; - A determination of crop yield; - For each material containing nutrients to be land applied, the application rate, the application date, and method of application for all cropping years included in the NMP; - The following information must be included to demonstrate the application rates do not result in any regulatory exceedances: - The nutrient balance for phosphate must be calculated; and - The NMP must demonstrate the application of nutrients does not result in a regulatory exceedance of phosphate application limits. | | high |
| #Q034 | reporting | reporting | mandatory | NMP Land Base Information | agricultural water, wastewater | A NMP must include a summary that demonstrates that at all times when the NMP is in force there will be sufficient storage for all prescribed materials and that the application rates will not exceed those permitted by the Regulation. | | high |
| #Q035 | reporting | reporting | mandatory | NASM Plan Additional Content Requirements | agricultural water, wastewater | In addition to the contents of a NASM plan required by section 26.2 of the Regulation, the following components must be included in a NASM plan: - Certified preparer information, including - Name of the NASM Plan Development certificate holder and that person's certification number; - Owner of the farm unit and the owner or controller of the agricultural operation, if different, including: - List name and contact information; - Description of each NASM material (see Part 8.2); - Farm unit information (see Part 8.3); - NASM application area information (see Part 8.4); - NASM storage information (see Part 8.5); - Overview of operation (see Part 8.6); - NASM application area field sketch (see Part 8.7); - Material test results (see Part 8.8); and - Application rate information (see Part 8.9). | | high |
| #Q036 | reporting | reporting | mandatory | Description of NASM Material Requirements | agricultural water, wastewater | For each NASM received at the farm unit for land application on the NASM plan area, the NASM plan must set out: - The generator name and contact information, and identification of the facility where the NASM was generated; - Form of the NASM (liquid or solid); - NASM Category (1, 2 or 3), item number and type of materials in accordance with the NASM Tables in Schedule 4 of the Regulation; - The metal concentrations and the CM category as determined in accordance with the Regulation; - The pathogen level and the CP category determined in accordance with the Regulation; - The odour level (OC category) determined in accordance with Table 3 NASM Odour Category of the Nutrient Management Tables or as otherwise determined under the NASM Odour Guide; and - Demonstration of beneficial use in accordance with section 98.0.6 of the Regulation. If beneficial use determination is based on plant available nitrogen, plant available phosphate and plant available potassium the concentration of each of these nutrients must be estimated using the calculations found in Part 8.11, below. | | high |
| #Q037 | reporting | reporting | mandatory | NASM Farm Unit Information | agricultural water, wastewater | The following information must be provided for the farm unit on which the NASM plan area is located: - Farm name; - Operation identifier (if previously assigned); - Identification of materials containing nutrients as NASM, ASM, greenhouse nutrient feedwater or commercial fertilizer received at the NASM plan area; - Confirm status of the land to which the NASM plan applies as: - Owned; or - Rented or leased; - If the land is not owned by the owner of the operation, you must provide the name of the landowner. - Identify each farm location that makes up the farm unit by providing: - Upper and lower tier municipality name; - Geo township name; - Lot; - Concession; and - Municipal tax roll number. | | high |
| #Q038 | reporting | reporting | mandatory | NASM Application Area Field Properties | agricultural water, wastewater | The following information must be provided for each field to which NASM is to be applied under the NASM plan: - Field name; - Field location; - Tillable area within the field (in hectares or acres); - Area available for land application of prescribed materials within the field (in hectares or acres); - Maximum sustained slope within the NASM Application Area of the field; - The representative soil series, texture, and hydrologic soil group within the field; and - Include soil test information and lab reports, where required, as per section 94 of the Regulation. | | high |
| #Q039 | reporting | reporting | mandatory | NASM Storage Information General | agricultural water, wastewater | The following information must be provided for each NASM storage facility included in the NASM plan: - Location information; - Construction date (for permanent nutrient storage facilities); and - Identification of the type(s) of NASM to be kept in the NASM storage facility including the form of the NASM (liquid or solid). | | high |
| #Q040 | reporting | reporting | mandatory | NASM Permanent Storage Facility Details | agricultural water, wastewater | For permanent nutrient storage facilities, the following information must be provided for each NASM storage facility: - Shape; - Cover status (covered vs uncovered); - Construction materials; - Minimum freeboard to be maintained at all times; - Dimensions; - Description of runoff management system associated with the NASM storage; and - Confirmation that the requirements of Part VIII of the Regulation have been met (if required). | For permanent nutrient storage facilities | high |
| #Q041 | reporting | reporting | mandatory | NASM Temporary Field Storage Sites Management | agricultural water, wastewater | For temporary NASM field nutrient storage sites, the following information must be provided for each site: - Confirm/demonstrate that the storage has been sited in accordance with section 83 of the Regulation; - Confirm that the site will be managed in accordance with section 84 of the Regulation; and - Identify the maximum number of days NASM will be stored at this location, which must be determined in accordance with section 85 of the Regulation. | For temporary NASM field nutrient storage sites | high |
| #Q042 | reporting | reporting | mandatory | NASM Storage Facility Sketch | agricultural water, wastewater | Provide a sketch of the NASM storage facility that shows the following: - The location of the permanent NASM storage facility on the farm unit; - For temporary field nutrient storage sites only, show the area where the temporary field nutrient storage site(s) may be located within the field; - Indicate on the sketch the location of any tile inlets located within 50 metres of the temporary field nutrient storage site or permanent NASM storage facility (if no inlets exist within 50 metres, a statement indicating this must be included); - Indicate on the sketch the location of any surface water located within 50 metres of the temporary field nutrient storage site or permanent NASM storage facility (if no surface water exists within 50 metres, a statement indicating this must be included); - Show how the temporary field nutrient storage site or permanent NASM storage facility meets any applicable setbacks, flow paths and other distance requirements in the Regulation to all wells, surface water, tile inlets and tile drainage systems; and - For temporary field nutrient storage sites only, show how the temporary field nutrient storage site meets the required setbacks to any dwelling, residential area or commercial, community or institutional use. | | high |
| #Q043 | reporting | reporting | mandatory | NASM Plan Overview of Operation | agricultural water, wastewater | The NASM plan must include an overview of the operation that includes at a minimum: - The reason for submission (e.g., seeking a new approval or amendment to an existing approval); - Details of the agricultural operation, including any operation identifier(s) associated with the operation or farm unit plus any NMSs or NMPs associated with any of the land included as part of this farm unit; - A description of any livestock facilities located on the farm unit (if applicable); - If any unlisted NASM is included in the NASM plan, provide a description of the process by which the unlisted NASM is generated; and - Describe the cropping and management practices for each NASM application area. | | high |
| #Q044 | reporting | reporting | mandatory | NASM Field Sketch Assessment and Components | agricultural water, wastewater | A sketch is required for each field containing all or part of a NASM application area. ... The field sketch must be prepared based on an on-site assessment. It must accurately reflect the required features identified in this part. The sketch must include the date the on-site assessment was done and the name of the person conducting the assessment. The sketch must include the field components as described below: - Identify the individual fields and their boundaries including a field identifier that is consistently used through the plan. - Delineate the NASM application area within the field. - If applicable, identify and delineate sections within any field. - Indicate on the sketch whether any field has any tile drainage. For any field that has any tile drainage features, include the following on the sketch: - Show or clearly describe the location of all known tile outlets that discharge to any type of drain, ditch or other surface water or that discharge to ground surface in any instance where the tile discharge occurs within the field boundary or at the edge of the field boundary. - Where no outlets are located within the scope of the sketch as described above, provide a statement or description that identifies where the tile drainage system daylights. - Show the location of all tile inlets located within the boundary of the field; - Where no tile inlets as describe above exist, a statement indicating this must be included. - Show the location of all known tile inlets located beyond the boundary of the field that may receive drainage from the field; - Where no tile inlets as describe above exist, a statement indicating this must be included. - For areas within the field that have soils less than 30 centimetre depth above bedrock and bedrock outcrops, provide a delineation of the area in question on the sketch and ensure that the NASM application area shown on the sketch does not include these areas (section 50 of the Regulation prohibits application of NASM on soils <30cm depth to bedrock). If these soil conditions do not exist within the field, a statement indicating this must be included. - Provide information on the sketch that addresses the location of non-agricultural land uses described in section 47 of the Regulation (i.e. dwellings, residential areas and commercial, community or institutional use) as follows: - The sketch must show the location of any such non-agricultural land use that falls within an applicable minimum setback distance of the NASM land application area (refer to section 47 of the Regulation for minimum setback requirements); and - Where no land use meeting the criteria above exists, a statement indicating this must be included. - Indicate the location of wells on the sketch as follows: - Show the location of any well that is a municipal well where it is located within the field or within 100 metres of the field boundary; - Describe these wells as a 'municipal well' on the sketch; - Show the location of all wells that are not a municipal well where they are located within the field or within 90 metres of the field boundary; - For each well that is not a municipal well, include a description of the well according to the following rules: - If the well is a drilled well that has a depth of at least 15 metres and a watertight casing to a depth of at least six metres below ground level, describe the well on the sketch as a 'drilled well;' - If the well is not a drilled well that has a depth of at least 15 metres and a watertight casing to a depth of at least six metres below ground level, describe the well on the sketch as an 'other well.' - In the event no wells meeting the criteria above exist, a statement indicating this must be included. - Indicate the location of all surface water present in the NASM application area or within 150 metres from the boundary of the NASM application area. If no surface water meeting this criterion exists, a statement indicating this must be included. Where surface water is present in or within 150 metres from the boundary of the application area, the following additional information is required: - Identify the maximum sustained slope of the NASM application area for the land that falls within 150 metres of the top of bank of surface water; and - Show the separation distances from all surface water that are required to meet regulatory requirements. | | high |
| #Q045 | monitoring | reporting | mandatory | NASM Material Test Results Completion | agricultural water, wastewater | Prior to land application, all NASM sampling and analysis required by the Regulation must be completed. The analytical test results must ultimately be included in the NASM plan. | Prior to land application | high |
| #Q046 | reporting | reporting | mandatory | NASM Application Rate Information Rules | agricultural water, wastewater | The following information must be used in order to determine whether the proposed application rate is compliant with the requirements of the Regulation and the Protocol: - Planting and harvest dates (or growth and dormancy dates for perennial crops) for all crops and cropping years included in the NASM plan; - A determination of crop yield; - For each material containing nutrients to be applied to the NASM application area, the application rate, the application date, and method of application for all cropping years must be included in the NASM plan; and - The following information must be included that demonstrates the application rates do not result in any regulatory exceedances: - Nutrient balances must be calculated. | | high |
| #Q047 | administrative | reporting | mandatory | Registration of Agricultural Operation for Unapproved NASM Plans | agricultural water, wastewater | If a NASM plan does not require the approval of a Director, the person who owns or controls the agricultural operation must register the operation by filing with the Director a description of the operation that includes the following: - Certified preparer information... - Owner of the farm unit and the owner or controller of the agricultural operation... - Description of each NASM material to be applied to land under the NASM plan (see Part 8.2); - In addition to the information described in Part 8.2 above, a registration submission must also include a projection of the amount of prescribed materials to be received at the NASM plan area each year; - Farm unit information (see Part 8.3); - NASM application area field property information (see Part 8.4); - Overview of the operation (see Part 8.6); - NASM application area field sketch (see Part 8.7); and - A declaration in accordance with section 26.2(1)(d) of the Regulation. | If a NASM plan does not require the approval of a Director | high |
| #Q048 | operational | operational | mandatory | Calculation of PAN, PAP, and PAK Concentration | agricultural water, wastewater | The calculation of the total concentration of plant available nitrogen (PAN), plant available phosphate (PAP) and plant available potassium (PAK) required by section 98.0.6 of the Regulation must be determined as follows: Solid NASM Total concentration of PAN in mg/kg + PAP in mg/kg + PAK in mg/kg must be greater than 13,000 mg per kilogram. All units for the analyses below shall be in mg/kg on a dry weight basis. PAN = (Ammonia-N + ammonium-N) + (nitrite-N + nitrate-N) + (0.3*(OrganicN), where Organic-N = (Total Kjeldahl nitrogen - (ammonia + ammonium-N)) PAP = (0.4*(Total Phosphorus * 2.29)) PAK = (0.9*(Total Potassium * 1.2)) Liquid NASM Total concentration of PAN in mg/L + PAP in mg/L +PAK in mg/L must be greater than 140 mg/L. All units for the analyses below shall be in mg/L on a wet weight basis. PAN = (Ammonia-N + ammonium-N) + (nitrite-N + nitrate-N) + (0.3*(OrganicN), where Organic-N = (Total Kjeldahl nitrogen - (ammonia + ammonium-N)) PAP = (0.4*(Total Phosphorus * 2.29)) PAK = (0.9*(Total Potassium * 1.2)) | | high |
| #Q049 | monitoring | operational | mandatory | Crop Residue Cover Percentage Determination | agricultural water, wastewater | The percentage of crop residue cover must be determined using the rope transect method or another method that can effectively determine the crop residue cover. | When application of nutrients to the soil without incorporation is permitted where at least 30% of the soil surface is covered with crop residue | high |
| #Q050 | monitoring | operational | mandatory | Crop Residue Cover Repeat Determination and Method Conflict | agricultural water, wastewater | This determination must be made a minimum of four times in different parts of the field, and the results averaged. If there is a conflict between the determination made using another method and the rope transect method, the determination made using the rope transect method prevails. | | high |
| #Q051 | monitoring | operational | mandatory | Determination of Unsaturated Soil Conditions | agricultural water, wastewater | Whether the soil is unsaturated for the purposes of the Regulation must be determined using the following procedure: - Dig a hole or remove a soil core to the depth necessary to determine compliance with the rule in the Regulation that applies to your situation; and - Observe whether water flows into the hole from the surrounding soil (this may take up to an hour in clay soils). | | high |
| #Q052 | monitoring | operational | mandatory | Determination of Dry Matter Content of Manure | agricultural water, wastewater | The dry matter content of manure must be established through sampling or by referring to the Manure Databank for average values in Ontario. | | high |
| #Q053 | prohibition | operational | mandatory | Parameters for Snow Containing Manure Application | agricultural water, wastewater | For the purposes of clause 61(2)(a) of the Regulation, snow containing manure that has been removed from a permanent outdoor confinement area cannot be applied to a field unless the snow meets the following parameters: - It must have originated from a permanent outdoor confinement area; - It must contain ice or snow crystals; - It must not contain any foreign materials except livestock urine, feces, feed or bedding; - It must have a dry matter content of no greater than 16%; and - At the time of handling, it must be capable of being handled by, for example, a shovel or a front-end loader but not capable of being pumped through a hose. | When applying snow containing manure removed from a permanent outdoor confinement area to a field | high |
| #Q054 | administrative | operational | mandatory | Contingency Plan Review by Relevant Parties | agricultural water, wastewater | The contingency plan must be reviewed by all relevant parties, including the owners of the land where manure, anaerobic digestion output or NASM will be applied. | | high |
| #Q055 | reporting | reporting | mandatory | Contingency Plan Contacts and Equipment Details | agricultural water, wastewater | Contingency plans must list in detail the contacts, equipment and other resources that are available should a contingency event occur, including without limitation: - The owner/operator of the agricultural operation who can authorize expenditures; - The number for the Spills Action Centre: (1-800-268-6060); - The local municipality which can be contacted for drainage information and for assistance in spill response; - People renting or willing to lend equipment who are close at hand; and - Equipment such as loader tractors and emergency storage trailers. | | high |
| #Q056 | reporting | reporting | mandatory | Contingency Plan Scenarios Addressment | agricultural water, wastewater | The Regulation defines 'contingency plan' as follows: - 'Contingency plan' means a proposal in a NMS or NMP for dealing with: - a) An excess of prescribed materials or nutrients... - b) An excess of prescribed materials or nutrients, if the amount of prescribed materials or nutrients requiring storage prior to use exceeds... - c) Unanticipated releases of prescribed materials... - d) Inability to store, apply or otherwise use prescribed materials... - e) Any other contingency requiring the handling or storage... Each of the components in paragraphs (a) to (e) must be addressed when preparing the contingency plan for the NMS, or NASM plan. | | high |
| #Q057 | reporting | reporting | mandatory | Contingency Plan for RMADF Off-Farm Materials | agricultural water, wastewater | Where the agricultural operation has a RMADF on the farm unit, there may be off-farm anaerobic digestion materials stored on the farm unit. The contingency plan must have a plan for dealing with any material that may not be able to be used in the RMADF for any reason. The plan shall consider other disposal methods such as landfilling, composting or other processing methods that may be permitted. | Where the agricultural operation has a RMADF on the farm unit | high |
| #Q058 | administrative | reporting | mandatory | NOI Submission Requirement | other | To obtain authorization under this permit for all other eligible discharges, a Decisionmaker must submit a timely, complete, and accurate NOI consistent with the requirements of Parts 1.2.2 and 1.2.3. | For discharges not automatically authorized | high |
| #Q059 | operational | operational | mandatory | Pesticide Use Minimization | aquatic life | To the extent not determined by the Decision-maker, use only the amount of pesticide and frequency of pesticide application necessary to control the target pest, using equipment and application procedures appropriate for this task. | | high |
| #Q060 | operational | operational | mandatory | Equipment Maintenance and Leak Prevention | aquatic life | Maintain pesticide application equipment in proper operating condition, including requirement to calibrate, clean, and repair such equipment and prevent leaks, spills, or other unintended discharges. | | high |
| #Q061 | prohibition | aesthetic | mandatory | Water Quality-Based Limitations | aquatic life, recreational water | Discharge of pesticides to water must not result in: 1. observable deposits of floating solids, scum, sheen, or other substances; 2. an observable film or sheen or discoloration from oil and grease; and/or 3. foam or substances that produce an observable change in color or odor except other than what would be expected as a result of the application of the product used consistent with its FIFRA labeling within the treatment area. | | high |
| #Q062 | monitoring | operational | mandatory | Visual Monitoring for Applicators | aquatic life, recreational water | During any pesticide application with discharges authorized under this permit, all Applicators must, when considerations for safety and feasibility allow, visually assess the area to and around where pesticides are applied for possible and observable adverse incidents as defined in Appendix A caused by application of pesticides, including the unanticipated death or distress of non-target organisms and disruption of wildlife habitat, recreational or municipal water use. | When considerations for safety and feasibility allow | high |
| #Q063 | operational | operational | mandatory | PDMP Preparation for Large Entities | other | Any Decision-maker who is or will be required to submit an NOI as required in Part 1.2.2 and is a large entity as defined in Appendix A must prepare a Pesticide Discharge Management Plan (PDMP) by the time the NOI is filed... | For large entities, excluding Declared Pest Emergency Situations | high |
| #Q064 | reporting | reporting | mandatory | 24-Hour Adverse Incident Notification | aquatic life | This notification must be made by telephone within 24 hours of the Operator becoming aware of the adverse incident and must include at least the following information, as applicable: a. The caller's name and telephone number; b. Operator name and mailing address; [etc.] | Upon observing or becoming aware of an adverse incident | high |
| #Q065 | reporting | reporting | mandatory | 30-Day Adverse Incident Written Report | aquatic life | Except as provided for in Part 6.4.4, within 30 days of a reportable adverse incident pursuant to Part 6.4.1.1 Operators must provide a written report of the adverse incident to the appropriate EPA Regional office at the address listed in Part 8 and the state lead agency for pesticide regulation... | Following a reportable adverse incident | high |
| #Q066 | administrative | operational | mandatory | Record Retention Duration | other | Operators must retain any records required under this permit for at least 3 years after the Operator's coverage under this permit expires or is terminated. | | high |
| #Q067 | operational | operational | mandatory | ESA Resource Identification Tool Use | aquatic life | EPA's geospatial mapping tool at https://www.epa.gov/npdes/pesticide-permitting-ESA-procedures must be used to determine whether ESA-listed species and/or designated critical habitat (Listed Resources of Concern) may be exposed to pollutants in the Project Action Area(s) as a result of pesticide applications made to the pest management area(s). | Required for all Decision-makers to determine eligibility | high |
| #Q068 | administrative | operational | mandatory | General Compliance with Federal and State Laws | other | Operators must comply with all other applicable federal and state (including territorial) laws and regulations that pertain to the application of pesticides. | | high |
| #Q069 | operational | operational | mandatory | Weather Condition Assessment | aquatic life | Assess weather conditions (e.g., temperature, precipitation, and wind speed) in the treatment area to ensure application is consistent with all applicable federal requirements. | During pesticide application | high |
| #Q070 | monitoring | operational | mandatory | Post-Application Visual Monitoring | aquatic life | During any Operator post-application surveillance of any pesticide application with discharges authorized under this permit, all Operators must visually assess the area to and around where pesticides were applied for possible and observable adverse incidents as defined in Appendix A caused by application of pesticides, including the unanticipated death or distress of non-target organisms and disruption of wildlife habitat, recreational or municipal water use. | During post-application surveillance | high |
| #Q071 | reporting | reporting | mandatory | ESA Species Adverse Incident Notification | aquatic life | If an Operator becomes aware of an adverse incident affecting a federally-listed threatened or endangered species or its federally-designated critical habitat that may have resulted from a discharge from the Operator's pesticide application, Operator must immediately notify NMFS in the case of an anadromous or marine species, or FWS in the case of a terrestrial or freshwater species. | Upon awareness of incident involving ESA species or habitat | high |
| #Q072 | reporting | reporting | mandatory | Hazardous Substance Spill Notification | other | Where a leak, spill, or other release into waters of the United States containing a hazardous substance or oil in an amount equal to or in excess of a reportable quantity established under either 40 CFR Part 110, 40 CFR Part 117, or 40 CFR Part 302 occurs in any 24-hour period, an Operator must notify the National Response Center immediately | When spill exceeds reportable quantity in a 24-hour period | high |
| #Q073 | operational | operational | mandatory | Pre-existing ESA Conditions Compliance | aquatic life | Operators must comply with all conditions and/or requirements that address discharges from activities also covered under this permit resulting from any of the following pre-existing situations: a. ESA Section 7 consultation that Operators have completed with FWS and/or NMFS as a result of a separate federal action, and/or b. ESA Section 10 permit issued to the Operator by FWS and/or NMFS as a result of a separate federal action. | Applies when pre-existing ESA Section 7 or Section 10 permits exist | high |
| #Q074 | operational | operational | mandatory | Decision-maker Pesticide Use Minimization | aquatic life | To the extent the Decision-maker determines the amount of pesticide or frequency of pesticide application, the Decision-maker must use only the amount of pesticide and frequency of pesticide application necessary to control the target pest. | When the Decision-maker determines amount or frequency | high |
| #Q075 | operational | operational | mandatory | Mosquito Control - Problem Identification | aquatic life, other | Prior to the first pesticide application covered under this permit that will result in a discharge to waters of the United States, and at least once each calendar year thereafter prior to the first pesticide application for that calendar year, any Decision-maker who is or will be required to submit an NOI must do the following for each pest management area as defined in Appendix A: 1. Establish densities for larval and adult mosquito or flying insect pest populations or identify environmental condition(s), either current or based on historical data, to serve as action threshold(s) for implementing Pest Management Measures; 2. Identify target pest(s) to develop Pest Management Measures based on developmental and behavioral considerations for each pest; 3. Identify known breeding sites for source reduction, larval control program, and habitat management; 4. Analyze existing surveillance data to identify new or unidentified sources of mosquito or flying insect pest problems as well as sites that have recurring pest problems; and 5. In the event there are no data for the pest management area in the past calendar year, use other available data as appropriate to meet the permit conditions in Part 2.2.1.a. | Prior to first application and annually for NOI-required Decision-makers | high |
| #Q076 | operational | operational | mandatory | Mosquito Control - Management Options Evaluation | aquatic life | Prior to the first pesticide application covered under this permit that will result in a discharge to waters of the United States, and at least once each calendar year thereafter prior to the first pesticide application for that calendar year, any Decision-maker who is or will be required to submit an NOI must select and implement efficient and effective means of Pest Management Measures that minimize discharges resulting from the application of pesticides to control mosquitoes or other flying insect pests. In developing the Pest Management Measures for each pest management area, the Decision-maker must evaluate the following management options, including a combination of these management options, considering impact to water quality, impact to non-target organisms, feasibility, and cost effectiveness: 1. No action; 2. Prevention; 3. Mechanical or physical methods; 4. Cultural methods; 5. Biological control agents; 6. Pesticides. | Prior to application and annually for NOI-required Decision-makers | high |
| #Q077 | corrective_action | operational | mandatory | Situations Requiring Revision of Pest Management Measures | aquatic life | Operators must review and, as necessary, revise the evaluation and selection of Pest Management Measures consistent with Part 2.1 and 2.2 for the following situations: a. An unauthorized release or discharge associated with the application of pesticides ( e.g ., spill, leak, or discharge not authorized by this or another NPDES permit) occurs; b. Operators become aware or EPA concludes that Pest Management Measures are not adequate/sufficient for the discharge to meet the limitations in Part 3; c. Any monitoring activities indicate failure to meet applicable technology-based effluent limitations in Part 2; d. An inspection or evaluation of activities by an EPA official, or local, state, or tribal entity reveals that modifications to the Pest Management Measures are necessary to meet the effluent limitations in this permit; e. Any Operator observes or is otherwise made aware of an adverse incident as defined in Appendix A. | Upon occurrence of specified triggers (spills, failures, inspections, incidents) | high |
| #Q078 | corrective_action | operational | mandatory | Corrective Action Deadlines | aquatic life | If an Operator determines that changes to Pest Management Measures are necessary to eliminate any situation identified in Part 6.1, such changes must be made before or, if not practicable, as soon as possible after the next pesticide application that results in a discharge. | When changes are necessary to eliminate a 6.1 situation | high |
| #Q079 | operational | operational | mandatory | Pesticide Discharge Management Plan Modifications | other | Decision-makers must modify the PDMP whenever necessary to address any of the triggering conditions for corrective action in Part 6.1, or when a change in pest control activities significantly changes the type or quantity of pollutants discharged. Changes to the PDMP must be made before the next pesticide application that results in a discharge, if practicable, or if not, no later than 90 days after any change in pesticide application activities. | Upon triggers in 6.1 or significant changes in activities | high |
| #Q080 | administrative | reporting | mandatory | Pesticide Discharge Management Plan Availability | other | Decision makers must also retain a copy of the PDMP and supporting documents and, upon request, must provide copies of these documents to a state, Tribal, or local agency governing discharges or pesticide applications within their respective jurisdictions, or representatives of the Services. | Upon request by governing agencies or the Services | high |
| #Q081 | reporting | reporting | mandatory | Non-Adverse Incident Spill Documentation | other | If the spill, leak, or other unpermitted discharge triggers the notification in Part 6.5.1 but does not result in an adverse incident, the Operator must document and retain the following information within 30 days of becoming aware of the situation: a. Information required to be provided in Part 6.5.1; b. Summary of corrective action taken or to be taken, including date initiated and date completed or expected to be completed; and c. Any measures to prevent recurrence of such a spill or leak or other discharge, including notice of whether PDMP modifications are required as a result of the spill or leak. | When a 6.5.1 spill occurs but no adverse incident results | high |
| #Q082 | reporting | reporting | mandatory | Other Corrective Action Documentation | other | For situations identified in Part 6.1 other than for adverse incidents (addressed in Part 6.4) or reportable spills or leaks (addressed in Part 6.5), Operators must document the situation triggering corrective action and document planned corrective action within 30 days of becoming aware of that situation and retain a copy of this documentation. | For Part 6.1 situations not covered by adverse incident or spill reports | high |
| #Q083 | administrative | reporting | mandatory | Electronic Reporting Mandatory Use | other | Decision-makers must submit all NOIs, NOTs, and annual reports electronically unless the Decision-maker has received a waiver from the appropriate EPA Regional Office based on [geographic or capability limitations]. | Required for all submittals unless a formal waiver is granted | high |
| #Q084 | operational | operational | mandatory | Massachusetts Restricted Use Pesticide Certification | other | Pursuant to M.G.L. c. 132B § 10, and 333 CMR 10.00, chemical treatments using restricted use pesticides shall only be performed by an applicator currently certified by the Massachusetts Department of Agriculture (MDAR) Pesticide Program in the appropriate category or categories. | Applies to restricted use pesticide treatments in Massachusetts | high |
| #Q085 | operational | operational | mandatory | Mosquito Control - Pesticide Use Requirements | aquatic life | If a pesticide is selected to manage mosquitoes or flying insect pests, and application of the pesticide will result in a discharge to waters of the United States, any Decision-maker who is or will be required to submit an NOI must: 1. Conduct larval and/or adult surveillance in an area that is representative of the pest problem or evaluate existing larval surveillance data, environmental conditions, or data from adjacent areas prior to each pesticide application to assess the pest management area and to determine when the action threshold(s) is met; 2. Reduce the impact on the environment and on non-target organisms by applying the pesticide only when the action threshold(s) has been met; 3. In situations or locations where practicable and feasible for efficacious control, use larvicides as a preferred pesticide for mosquito or flying insect pest control when the larval action threshold(s) has been met; and 4. In situations or locations where larvicide use is not practicable or feasible for efficacious control, use adulticides for mosquito or flying insect pest control when the adult action threshold(s) has been met. | When a pesticide is selected to manage mosquitoes or flying insect pests and an NOI is required | high |
| #Q086 | administrative | operational | mandatory | Record Documentation Deadline | other | All required records must be documented as soon as possible but no later than 14 days following completion of each pesticide application. | | high |
| #Q087 | reporting | reporting | mandatory | Notice of Termination Submission Deadline | other | A Decision-maker who is required to submit an NOI as identified in Part 1.2.2 must submit the NOT within 30 days after one or more of the [specified] conditions have been met. | Within 30 days of meeting termination conditions (e.g., transfer of responsibility, cessation of discharge) | high |
| #Q088 | prohibition | operational | mandatory | Isleta Pueblo Restricted Use Pesticide Prohibition | other | Restricted use pesticides are prohibited from being applied within the exterior boundaries of the Pueblo of Isleta. | Application within exterior boundaries of the Pueblo of Isleta | high |
| #Q089 | operational | operational | mandatory | Washington Aquatic Pesticide Licensing | other | Project proponents must be licensed in the State of Washington to apply aquatically labelled pesticides and must comply with chapters 16-228 of the Washington Administrative Code (WAC), 15.58 Revised Code of Washington (RCW), and 17.21 RCW. | Application of aquatically labelled pesticides at federal facilities in Washington | high |
| #Q090 | administrative | reporting | mandatory | Standard Records for All Operators | other | All Operators must keep the following records: a. A copy of any Adverse Incident Reports (See Part 6.4.2); b. Rationale for any determination that reporting of an identified adverse incident is not required, consistent with allowances identified in Part 6.4.1.2; c. A copy of any corrective action documentation (See Part 6.6); and, d. A copy of any spill and leak or other unpermitted discharge documentation (See Part. 6.5.2). | | high |
| #Q091 | monitoring | reporting | mandatory | For-Hire Applicator Visual Monitoring Documentation | aquatic life | As required in Part 7.2, all For-Hire Applicators must document the findings of each visual monitoring or, if no visual monitoring was conducted, the reason why no visual monitoring was conducted. | During pesticide application and post-application surveillance | high |
| #Q092 | reporting | reporting | mandatory | PDMP Team Identification | other | Decision-makers must identify all the persons (by name and contact information) that compose the team as well as each person's individual responsibilities, including: a. Person(s) responsible for managing pests in relation to the pest management area; b. Person(s) responsible for developing and revising the PDMP; and c. Person(s) responsible for developing, revising, and implementing corrective actions and other effluent limitation requirements. | Required content for the Pesticide Discharge Management Plan | high |
| #Q093 | administrative | reporting | mandatory | Seneca Nation NOI Notification | other | Any decision-maker required under Part 1.2... that is required to submit a notice of intent (NOI) to the EPA for coverage, must submit a copy of the NOI to the Seneca Nation's Environmental Protection Department (EPD) within three business days of submittal to the EPA. | Applications occurring on Seneca Nation lands | high |
| #Q094 | prohibition | health | mandatory | Discharges to Water Quality Impaired Waters Prohibition | aquatic life, other | Operators are not eligible for coverage under this permit for any discharges from a pesticide application to waters of the United States if the water is identified as impaired by a substance which either is an active ingredient in that pesticide or is a degradate of such an active ingredient. | When the receiving water is listed as impaired for the pesticide active ingredient or its degradate | high |
| #Q095 | prohibition | treatment | mandatory | Discharges to Tier 3 Waters Prohibition | aquatic life, recreational water | Except for discharges from pesticide applications made to restore or maintain water quality or to protect public health or the environment that either do not degrade water quality or only degrade water quality on a short-term or temporary basis, Operators are not eligible for coverage under this permit for discharges to waters of the United States if the water is designated by a state or Tribe as Tier 3 (Outstanding National Resource Waters) for antidegradation purposes under Title 40 of the Code of Federal Regulations (CFR) 131.12(a)(3). | Except for specific restoration, public health, or environment protection activities meeting temporary degradation criteria | high |
| #Q096 | administrative | operational | mandatory | ESA Eligibility Requirement | aquatic life | Coverage under this permit is available only for discharges to waters of the United States and discharge-related activities that meet one of the ESA eligibility criteria (A through G) identified below. | | high |
| #Q097 | reporting | reporting | mandatory | Declared Pest Emergency Notification (Criterion G) | aquatic life, other | Prior to any discharge to waters of the United States under Criterion G, Decision-makers must notify and begin to coordinate with FWS and NMFS. Notification shall occur and coordination shall begin as soon as possible after determining that pesticide application is required in response to a Declared Pest Emergency Situation. | Applies when responding to a Declared Pest Emergency Situation under ESA Criterion G | high |
| #Q098 | operational | operational | mandatory | Weed and Algae Control - Problem Identification | agricultural water, aquatic life | Prior to the first pesticide application covered under this permit that will result in a discharge to waters of the United States, and at least once each calendar year thereafter prior to the first pesticide application for that calendar year, any Decision-maker who is or will be required to submit an NOI must do the following for each pest management area as defined in Appendix A: 1. Identify areas with pest problems and characterize the extent of the problems... 2. Identify target pest(s); 3. Identify possible factors causing or contributing to the pest problem... 4. Establish any pest- and site-specific action threshold... and 5. In the event there are no data for the pest management area in the past calendar year, use other available data as appropriate. | Applicable to Decision-makers required to submit an NOI for Weed and Algae Control | high |
| #Q099 | operational | operational | mandatory | Animal Pest Control - Problem Identification | aquatic life, other | Prior to the first pesticide application covered under this permit that will result in a discharge to waters of the United States, and at least once each calendar year thereafter prior to the first pesticide application for that calendar year, any Decision-maker who is or will be required to submit an NOI must do the following for each pest management area as defined in Appendix A: 1. Identify areas with pest problems and characterize the extent of the problems... 2. Identify target pest(s); 3. Identify possible factors causing or contributing to the problem; 4. Establish any pest- and site-specific action threshold... and 5. In the event there are no data for the pest management area in the past calendar year, use other available data as appropriate. | Applicable to Decision-makers required to submit an NOI for Animal Pest Control | high |
| #Q100 | operational | operational | mandatory | Forest Canopy Pest Control - Problem Identification | other | Prior to the first pesticide application covered under this permit that will result in a discharge to waters of the United States, and at least once each calendar year thereafter prior to the first pesticide application in that calendar year, any Decision-maker who is or will be required to submit an NOI must do the following for each pest management area as defined in Appendix A: 1. Establish any pest- and site-specific action threshold... 2. Identify target pest(s) to develop Pest Management Measures based on developmental and behavioral considerations for each pest; 3. Identify current distribution of the target pest and assess potential distribution in the absence of Pest Management Measures; and 4. In the event there are no data for the pest management area in the past calendar year, use other available data as appropriate. | Applicable to Decision-makers required to submit an NOI for Forest Canopy Pest Control | high |
| #Q101 | corrective_action | operational | mandatory | Corrective Action Trigger Awareness | aquatic life, wastewater | If at any time an Operator becomes aware ( e.g ., through self-monitoring or by notification from the state or Tribe), or EPA determines, that the Operator's discharge does not meet the limitations in this part of the permit, the Operator must take corrective action as required in Part 6 up to and including the ceasing of the discharge, if necessary. | Upon awareness of non-compliance with water quality-based effluent limitations | high |
| #Q102 | administrative | reporting | mandatory | PDMP Signature and Certification | other | Decision-makers must sign, date, and certify the PDMP in accordance with 40 CFR 122.41(k). | | high |
| #Q103 | prohibition | treatment | mandatory | Massachusetts Vernal Pool Protection | aquatic life | Operators must use best management practices (as defined in 314 CMR 3.02) to not apply pesticides to vernal pools (as defined in 314 CMR 4.02). | Operations within the Commonwealth of Massachusetts | high |
| #Q104 | administrative | reporting | mandatory | Authorization Application Submission | other | To obtain authorization under this Order, the Discharger must submit a complete application to the State Water Board at least 90 days before the expected application of aquatic animal invasive species control pesticides | Prior to pesticide application | high |
| #Q105 | administrative | reporting | mandatory | Annual Public Notification | other | Every calendar year, prior to the first application of pesticides, the Discharger shall notify potentially affected governmental agencies and, if the Discharger has a website, post the notification at its website. | Annually, prior to first application | high |
| #Q106 | operational | operational | mandatory | Aquatic Pesticides Application Plan (APAP) Development | other | The Discharger shall develop an APAP that contains the following elements: Description of all the water bodies or water body systems in which pesticides are being planned to be applied; Discussion of the factors influencing the decision to select pesticide applications; Pesticide active ingredients expected to be used; [etc] | | high |
| #Q107 | reporting | operational | mandatory | Pesticide Application Log Maintenance | other | The Discharger shall maintain a log for each pesticide application. The application log shall contain, at a minimum, the following information: Date of application; Location of application; Name of applicator; Names of the water bodies treated; Application details; Visual monitoring assessment; and Certification that applicator followed the APAP. | | high |
| #Q108 | reporting | reporting | mandatory | Emergency Noncompliance Reporting | other | The Discharger shall report to the State Water Board and appropriate Regional Water Board any noncompliance, including any effect of a pesticide's use that is unexpected or unintended, that may endanger health or the environment... orally within 24 hours from the time the Discharger becomes aware of the circumstances | Upon discovery of noncompliance endangering health or environment | high |
| #Q109 | reporting | reporting | mandatory | Endangered Species Adverse Incident Notification | aquatic life | If the Discharger becomes aware of an adverse incident to a federally-listed threatened or endangered species or its federally-designated critical habitat that may have resulted from the Discharger's pesticide application, the Discharger must immediately notify the National Marine Fisheries Service... or the U.S. Fish and Wildlife Service. | Upon awareness of incident affecting listed species or critical habitat | high |