12.1. Section 12 does not apply to the harvesting of horticultural peat where a producer has submitted a particle emission management plan to the Minister and complies with the following requirements:(1) the producer uses equipment designed or certified to measure wind speed and direction on the site where the harvesting is carried out or has access to data from such equipment installed on the site in conditions comparable to the harvesting site and, where applicable, a device designed and certified to measure peat moisture content;
(2) while harvesting peat, the speed and direction of the wind are measured at least(a) every 2 hours where wind speed is less than 25 km/h; and
(b) every 30 minutes where wind speed is equal to or greater than 25 km/h but less than 50 km/h;
(3) where wind speed equal to or greater than 45 km/h is measured, all vacuum harvesting operations are suspended until wind speed is less than 35 km/h and harrowing operations are suspended where peat moisture content is less than 50%;
(4) where wind speed equal to or greater than 50 km/h is measured, loading and transportation operations are also suspended until wind speed is less than 35 km/h.
The producer must maintain in a record(1) the dates and times of the beginning and end of the horticultural peat harvesting activities on the site;
(2) wind speeds and directions measured during harvesting and the date and time of each measurement; and
(3) the dates and times of the suspension of activities due to wind speed reaching or exceeding the speeds referred to in subparagraphs 3 and 4 of the first paragraph;
(4) peat moisture content where harrowing operations take place despite wind speed equal to or greater than 45 km/h.
Where dwellings or public institutions are present less than 1 km from the site where horticultural peat is harvested, the producer must, each year, first inform the persons concerned of the period of the harvesting and the procedure established to collect and process complaints in case of nuisance. The procedure must provide for the keeping of a complaints register including in particular the information concerning the complainant, the reasons of the complaint, the date of the event covered by the complaint if available and the corrective measures put in place.
987-2023O.C. 987-2023, s. 31.