Material From Original Gov't Discussion Paper
[summary of the environment act from original discussion papersource#1, Mb regs and guidelines p.4-5 ]Livestock Manure and Mortalities Management Regulation
This regulation under the Environment Act was adopted in 1998 after consultation and a public review of the Livestock Waste Regulation then in effect. The intent of the regulation is to protect the environment, enhance enforcement capabilities and ensure livestock production is sustainable. The regulation addresses manure storage, application and transportation, and livestock mortalities. Under this regulation:
- Before any manure storage facility can be constructed, a permit must be obtained to ensure it is designed by a qualified, professional engineer, affords appropriate environmental protection for the local soils and water, and is properly sited with respect to wells, springs, sinkholes, watercourses and other environmentally sensitive features. Manure storage facilities may not be constructed within the boundaries of the 100-year flood elevation unless satisfactory flood protection is provided.
- Manure spread on agricultural land must be applied as a fertilizer. The amount of manure that may be applied is restricted, based on soil texture, nitrate content in the upper 60 centimeters of the soil, and the type of crop to be grown. Annual manure management plans must be submitted at least 60 days before manure application from large-scale livestock production operations. The plans describe the volume and quality of manure to be spread, the method of application to the land, and the landowners and locations where manure is to be spread. Submission of soil test results prior to spreading of manure is mandatory.
- Spreading of manure is prohibited for large-scale producers during the five-month period between November 10 and April 15. Existing large-scale operations have until November 10, 2003 before they must have sufficient storage capacity to enable them to comply. Small-scale livestock producers are exempt from the ban on winter spreading but must comply with mandatory setback distances from watercourses, wells, springs and sinkholes. Escape of manure from the boundaries of the agricultural operation is prohibited. Spillage of manure on roads and rights-of-way during transportation is prohibited. Manure spills must be immediately reported to an environment officer. Manure must not be released or discharged to surface water or groundwater.
- Mortalities must be kept secure and, if retained for more than 48 hours, must be kept frozen or refrigerated.
- Enforcement may include a Warning, Order and/or Offence Notice. Warnings may be issued for first time offences that may have minimal environmental consequences. Orders to take corrective action are commonly issued for situations involving runoff of manure or manure storage facilities that may require maintenance.
- Fines plus court costs for Offence Notices range from $382 for individuals to $1,470 for corporations. Repeat offenders causing serious environmental degradation may be prosecuted directly under the Environment Act, where penalties for individuals range up to $100,000, and for corporations up to $1 million and imprisonment.
- The first full year of enforcement of the Livestock Manure and Mortalities Regulation (1998-99) resulted in 12 Offence Notices, 28 Warnings, and nine Orders for Remediation. The most common offences included improper storage or disposal of mortalities (14), manure stored too close to water courses (seven), escape of manure from the agricultural operation (six), excessive application (four), and manure storage permit infractions (seven).
Animal Units
The number of Animal Units in a livestock operation serves as the regulatory trigger for additional requirements under this provincial regulation and some municipal bylaws and approval processes. Currently, 400 Animal Units trigger the mandatory preparation and submission of manure management plans. This level also serves as the cut-off beyond which winter spreading of manure is prohibited.
Animal Units are currently defined for a single type of livestock and are not cumulative across species. This means that a mixed farm with nearly 400 Animal Units of cattle plus nearly 400 Animal Units of hogs would not currently be prohibited from spreading manure during the winter, nor would the operation be required to submit a manure management plan.
End Quote
Material From "Common Ground" Government Report
Other Material and References