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Landfill gas electricity may be eligible for permit by rule in Ontario

The Ontario Ministry of the Environment is seeking public comment on a proposed regulation to allow landfill gas power generating facilities to register in the Environmental Activity and Sector Registry (EASR). The Registry is a much easier, quicker way to get environmental permission to build and operate a project, in comparison to the often slow, painful process of seeking an Environmental Compliance Approval.

Eligible projects must have a name plate capacity less than or equal to 10 megawatts. Other criteria include: being located on landfill sites, and meeting setback distances to the landfill property line to account for air and noise emissions. Various operating requirements are also proposed, such as maximum discharge velocity from exhaust stacks, noise attenuation measures, notification to neighbouring properties, local municipalities and service boards, and the documentation of routine maintenance, inspections, and environmental complaints, as applicable.

The proposed regulation only addresses activities related to the landfill gas power generation facility. All other aspects of the landfill site will continue to be subject to Environmental Compliance Approvals, as required. The proposed regulation is in response to the Ministry of Energy’s Feed-In Tariff (FIT) Program Two-Year Review.

See Environmental Activity and Sector Registry (EASR) Regulation for Landfill Gas Power Generating Facilities (Environmental Protection Act, R.S.O. 1990) EBR Registry Number: 011-8592

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