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Q-2, r. 26 - Agricultural Operations Regulation
Section 39
Disposition versions
39. (Revoked).
O.C. 695-2002, s. 39; O.C. 906-2005, s. 10; O.C. 606-2010, s. 21; S.Q. 2017, c. 4, s. 262; I.N. 2019-12-01; 871-2020O.C. 871-2020, s. 41.
39. With the exception of the projects for which an authorization is required, declaration of compliance must be given to the director of the Direction de l’analyse et de l’expertise of the Ministère du Développement durable, de l’Environnement et des Parcs in the region where the project is situated at least 30 days before
(1) implementing a new raising site with liquid manure management;
(2) implementing a new raising site with solid manure management whose annual phosphorus (P2O5) production will be greater than 1,600 kg;
(3) increasing, in a raising site, the annual phosphorus (P2O5) production to raise the annual phosphorus (P2O5) production to more than 1,600 kg or to make the production equal to or above one of the following production thresholds: 2,100 kg, 2,600 kg, 3,100 kg, 3,600 kg or 4,100 kg without, however, reaching 4,200 kg; however, where an increase is such that more than one threshold will be reached or exceeded, only a declaration of compliance for the highest threshold is required. In addition, the declaration of compliance given for reaching or exceeding a threshold is valid until a declaration of compliance for an increase to reach or exceed a subsequent higher threshold is required; and
(4) transferring, in a raising facility, from solid manure to liquid manure management.
For the purposes of subparagraph 3 of the first paragraph,
(1) as of 1 January 2011, in the case of an existing raising site for which the operator is required to establish an agro-environmental fertilization plan under section 22, the increase is calculated by subtracting from the annual phosphorus (P2O5) production provided for in the project, the production resulting from the number of animals present and planned on the site and specified in the yearly phosphorus report for the first growing season following that date. The latter report is used to calculate whether any subsequent threshold has been reached or exceeded, for the entire lifetime of the raising site; and
(2) in the case of a raising site established as of 1 January 2011 for which the operator is required to establish an agro-environmental fertilization plan under section 22, the increase is calculated by subtracting from the annual phosphorus (P2O5) production provided for in the project, the production resulting from the number of animals present and planned on the site and specified in the yearly phosphorus report for the first growing season of the raising site. The latter report is used to calculate whether any subsequent threshold has been reached or exceeded, for the entire lifetime of the raising site.
The declaration of compliance must be signed by the operator and signed by an agrologist and who will follow up the project. The agrologist’s signature certifies that the proposed project complies with this Regulation.
Where applicable, the confirmation of an engineer stating that the existing storage facility will be sufficient to receive the additional livestock waste must also be attached to the declaration of compliance.
Within 60 days of carrying out the project, the agrologist must provide the director of the Direction de l’analyse et de l’expertise in the region where the project is situated with a certificate stating that the project complies with this Regulation and the declaration of compliance.
39. With the exception of the projects for which a certificate of authorization is required, notice must be given to the director of the Direction de l’analyse et de l’expertise of the Ministère du Développement durable, de l’Environnement et des Parcs in the region where the project is situated at least 30 days before
(1) implementing a new raising site with liquid manure management;
(2) implementing a new raising site with solid manure management whose annual phosphorus (P2O5) production will be greater than 1,600 kg;
(3) increasing, in a raising site, the annual phosphorus (P2O5) production to raise the annual phosphorus (P2O5) production to more than 1,600 kg or to make the production equal to or above one of the following production thresholds: 2,100 kg, 2,600 kg, 3,100 kg, 3,600 kg or 4,100 kg without, however, reaching 4,200 kg; however, where an increase is such that more than one threshold will be reached or exceeded, only a notice for the highest threshold is required. In addition, the notice given for reaching or exceeding a threshold is valid until a project notice for an increase to reach or exceed a subsequent higher threshold is required; and
(4) transferring, in a raising facility, from solid manure to liquid manure management.
For the purposes of subparagraph 3 of the first paragraph,
(1) as of 1 January 2011, in the case of an existing raising site for which the operator is required to establish an agro-environmental fertilization plan under section 22, the increase is calculated by subtracting from the annual phosphorus (P2O5) production provided for in the project, the production resulting from the number of animals present and planned on the site and specified in the yearly phosphorus report for the first growing season following that date. The latter report is used to calculate whether any subsequent threshold has been reached or exceeded, for the entire lifetime of the raising site; and
(2) in the case of a raising site established as of 1 January 2011 for which the operator is required to establish an agro-environmental fertilization plan under section 22, the increase is calculated by subtracting from the annual phosphorus (P2O5) production provided for in the project, the production resulting from the number of animals present and planned on the site and specified in the yearly phosphorus report for the first growing season of the raising site. The latter report is used to calculate whether any subsequent threshold has been reached or exceeded, for the entire lifetime of the raising site.
The project notice must be signed by the operator and signed by an agrologist and who will follow up the project. The agrologist’s signature certifies that the proposed project complies with this Regulation.
Where applicable, the confirmation of an engineer stating that the existing storage facility will be sufficient to receive the additional livestock waste must also be attached to the project notice.
Within 60 days of carrying out the project, the agrologist must provide the director of the Direction de l’analyse et de l’expertise in the region where the project is situated with a certificate stating that the project complies with this Regulation and the project notice.
39. With the exception of the projects for which a certificate of authorization is required, notice must be given to the director of the Direction de l’analyse et de l’expertise of the Ministère du Développement durable, de l’Environnement et des Parcs in the region where the project is situated at least 30 days before
(1) implementing a new raising site with liquid manure management;
(2) implementing a new raising site with solid manure management whose annual phosphorus (P2O5) production will be greater than 1,600 kg;
(3) increasing, in a raising site, the annual phosphorus (P2O5) production to raise the annual phosphorus (P2O5) production to more than 1,600 kg or to make the production equal to or above one of the following production thresholds: 2,100 kg, 2,600 kg or 3,100 kg without, however, reaching 3,200 kg; however, where an increase is such that more than one threshold will be reached or exceeded, only a notice for the highest threshold is required. In addition, the notice given for reaching or exceeding a threshold is valid until a project notice for an increase to reach or exceed a subsequent higher threshold is required; and
(4) transferring, in a raising facility, from solid manure to liquid manure management.
For the purposes of subparagraph 3 of the first paragraph,
(1) as of 1 January 2011, in the case of an existing raising site for which the operator is required to establish an agro-environmental fertilization plan under section 22, the increase is calculated by subtracting from the annual phosphorus (P2O5) production provided for in the project, the production resulting from the number of animals present and planned on the site and specified in the yearly phosphorus report for the first growing season following that date. The latter report is used to calculate whether any subsequent threshold has been reached or exceeded, for the entire lifetime of the raising site; and
(2) in the case of a raising site established as of 1 January 2011 for which the operator is required to establish an agro-environmental fertilization plan under section 22, the increase is calculated by subtracting from the annual phosphorus (P2O5) production provided for in the project, the production resulting from the number of animals present and planned on the site and specified in the yearly phosphorus report for the first growing season of the raising site. The latter report is used to calculate whether any subsequent threshold has been reached or exceeded, for the entire lifetime of the raising site.
The project notice must be signed by the operator and signed by an agrologist and who will follow up the project. The agrologist’s signature certifies that the proposed project complies with this Regulation.
Where applicable, the confirmation of an engineer stating that the existing storage facility will be sufficient to receive the additional livestock waste must also be attached to the project notice.
Within 60 days of carrying out the project, the agrologist must provide the director of the Direction de l’analyse et de l’expertise in the region where the project is situated with a certificate stating that the project complies with this Regulation and the project notice.
