The Rural Voice, 2002-08, Page 57Agrilaw
Will Nutrient Management Act include Walkerton recommendations
Dawn
Kershaw -
Halligan. an
Associate
Lawyer in
the London
law firm of
Cohen
Highlev LLP.
By Dawn Kershaw -Halligan
In the recently released report
from Part 11 of the Walkerton Inquiry,
the Commission has adopted many of
the recommendations of the
Alert/Sierra Club coalition which
were designed in consultation with
hydrogeologists to protect water
supplies from manure contamination.
The question remains, will the
eventual regulations passed under the
new Nutrient Management Act go far
enough to protect drinking water
supplies?
The coalition's position was that
present regulatory controls do not
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54 THE RURAL VOICE
adequately consider or address the
risk of surface and groundwater
contamination and potential
implications for human health. It
recommended that manure
management regulations should be
risk-based. recognizing the variable
vulnerability of surface and
groundwater resources dependent
upon watershed conditions and the
nature of the proposed development.
The coalition also advised that
implementation of this risk-based
approach to water resource
management would necessitate a
comprehensive aquifer mapping and
vulnerability assessment program
with continuing monitoring.
The Commissioner agreed with
the coalition's position, and the main
recommendation was that every large
or intensive farm (which has not been
defined yet), and every smaller farm
in an area designated as sensitive or
high risk, be required to develop a
water protection plan that is
consistent with the local watershed -
based source protection plan (once
the latter becomes available); that is
binding on the farm's activities; that
is approved by, and filed with, the
Ministry of the Environment; and that
will have the status of regulation.
The Commissioner also
recommended that the water
protection plan should include a
hydrogeological assessment of the
farm's operation which is vital in the
protection of groundwater supplies
because such an assessment may
include a consideration of climatic,
soil, geological and hydrogeological
factors relevant to the absorption
capacity of the soil and watershed.
The new Nutrient Management
Act was noted by the Commissioner
to have some potential deficiencies,
many of which had been pointed out
by the coalition. These included the
fact that nutrient management
planning does not necessarily entail a
consideration of the presence of
microbes such as bacteria, protozoa
and viruses, or of other non -nutrient
constituents of manure; nutrient
management plans do not necessarily
take into consideration watershed -
specific information; nutrient
management planning in the past has
focused more on maximizing crop
yield than on protecting water
resources; and the Nutrient
Management Act does not provide
for enforcement by members of the
public. It was noted by the
Commissioner that the Act's
effectiveness will depend on the
development of appropriate
regulations.
It is impossible to predict what
regulations may be passed under the
Nutrient Management Act. However,
the Commissioner's view was that
the Act as it currently stands would
give the Province the authority to
develop the farm water protection
planning system that he
recommended. If the Province
follows the recommendations of the
Commissioner when drafting the
regulations. the tools will then exist
for drinking water supplies in the
future to be better protected from the
effects of manure.0
Agrilaw is a syndicated column
produced by the full service London
law firm of Cohen Highlev LLP.
Dawn Kershaw -Halligan , is an
Associate Lawyer in the firm.
Agrilaw is intended to provide
information to farm operators on
topics of interest and importance.
The opinions expressed are not
intended as legal advice. Before
acting on any information contained
in this column, readers should obtain
legal advice with respect to their own
particular circumstances and
geographical area.
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