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The Green Energy Act REA regulations

Here are the actual regulations establishing renewable energy approvals, O. Reg. 359/09. They apply to Anaerobic digestion facilities; Solar facilities;  Thermal treatment facilities, and Wind facilities. Thermal facilities are those that combust biomass, as newly defined by O.Reg. 160/99:

“biomass” means organic matter, other than source separated organics, that is derived from a plant or animal, is available on a natural renewable basis and is,
(a) grown or harvested for the purpose of being used to generate electricity,
(b) waste from harvesting or processing agricultural products or waste from processing forestry products, including spent pulping liquor,
(c) agricultural waste,
(d) organic waste materials from a greenhouse, nursery, garden centre or flower shop,
(e) pulp and paper biosolids,
(f) waste from food processing, distribution and preparation operations, such as food packing, food preserving, wine making, cheese making, restaurants and grocery stores, and includes, as an example, organic waste from the treatment of wastewater from facilities where food or feed is processed or prepared,
(g) sewage biosolids,
(h) hauled sewage,
(i) waste from the operation of a sewage works subject to the Ontario Water Resources Act,
(j) woodwaste, or
(k) forest resources made available under a forest management plan approved under the Crown Forest Sustainability Act, 1994 or a managed forest plan approved under the Managed Forest Tax Incentive Program;

The REA regulation is in many respects, more flexible than the initial drafts circulated in the spring. For example, studies or agreements can sometimes be used to adjust siting setbacks for wind turbines – see section 53 to 55. I’ll post more details soon.

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