Under Section 9 of the Environmental Protection Act no person shall, except under and in accordance with an Enviornmental Compliance Approval or Certificate of Approval (C of A) issued by the Director, construct, alter, extend or replace any plant, structure, equipment, apparatus, mechanism or thing that may discharge a contaminant into any part of the natural environment. The definition of a contaminant includes noise and vibration. Hence, Section 9 of the Act requires companies or individuals to obtain a C of A for Air and Noise prior to constructing, altering, or operating equipment at their facilities.
In order to obtain an approval under Section 9 of the EPA applicants are required to assess the impacts of all noise and vibration emissions from their facility at all sensitive receptors (Points of Reception) if the minimum separation distance between the facility and the sensitive receptors are not achieved. A noise assessment is usually completed in the form of a Detailed Acoustic Assessment Report (AAR). If the AAR shows non-compliance at any sensitive receptor then a Noise Abatement Action Plan (NAAP) must be completed to identify the sources that require noise mitigation and how that source will be mitigated. Upon approval of the application the MOE typically requires that applicants condcut a follow up acoustic assessment audit to verify compliance with the Ministry of the Enviornment Noise Pollution Control (NPC) Guidelines.