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HomeMy WebLinkAboutThe Citizen, 2002-12-18, Page 23THE CITIZEN, WEDNESDAY, DECEMBER 18, 2002. PAGE 23. 100 turn out to learn more about proposed NMA By Janice Becker Citizen staff One of many information and consultation meetings on the proposed provincial nutrient management act (NMA) was held in Seaforth. Dec. 10. With just under 100 in attendance. representatives from the Ministry of Agriculture and Food (OMAF) and the Ministry of the Environment (MOE) provided information with regards to the draft regulation, now in its second phase of public meetings and consultations. In prefacing the meeting, Jane Muegge of OMAF said the importance of developing the NMA at this time was both in response to Walkerton inquiry Justice O'Connor's recognition of the need to improve rural water quality and to alter the negative public impression of large-scale livestock operations, thereby showcasing farmers as leaders in land stewardship. However, the act covers more than just nutrients generated by livestock operations. It also includes municipal biosolid, fertilizers, end users of the nutrients and brokers who are responsible for transporting the material. The act is an attempt to rationalize the various municipal bylaws across the province, while building in enforcement of breaches. Its creators hope to balance the potential hazards of the waste with the utilization of the beneficial nutrients. There is also a realization that generators should not bear the entire cost associated with safe handling, as there are benefits to both private and public interests. Nutrient Sources The act sets out a list of materials that will fall under the guidelines. From agricultural. sources these will include manure and bedding, wastewater, by-products of on-farm processing such as in vegetable or fruit operations, leachate from on- farm storage, run-off from yards and storage, greenhouse and container leachate and organic materials such as compost. Non-agricultural sources are listed as pulp and paper, municipal sewage biosolids and certificate of approval (COA) wastes from abattoirs and compost. Groups that will be required to meet standards include both the generators and users of agricultural materials, industrial or municipal producers, intermediate operations that generate a new nutrient through the use of a nutrient (mushroom operations) as well as brokers who transport the resources. Categorizing the Operation The initial requirement for farmers will be to determine the category for classification. This is based on the nutrient units (NU) produced for categories 1-4. According to the draft regulations outline, an NU is the amount of nutrients that give the fertilizer replacement value of the lower of 43 kgs. (95 lbs.) of nitrogen or 55 kgs. (121 lbs.) of phosphate. This could be achieved by one beef cow (including calves and replacements), six finishing hogs or 150 laying hens. A category I farm would produce no more than 30 NU, such as with 180 finishing hogs, 30 beef cows, 17 _hOlstins cows (with heifers/calves) or 4,500 hens. _ Category 2 would be more than 30 NU but no more than 150; category 3, more than 150 NU but no more than 300 and category 4 would generate over 300 NU. Category 1-4 receivers would use the same NU limits, but those would be achieved with 90 tons of poultry manure. 300 tons of dry bedded beef manure or 600 tons of dry bedded horse manure for category I.- Category 5-9 designations would be determined by the type of material used or generated. Operations that produce or use a combination of nutrients would have to use more complex calculations to determine the total NUs. Phase In Various components of the act will be phased in over the nex, five years, the first occurring in April 2003. Those initial regulations will govern the land application of nutrients that apply to all farms. The standards will set down application rates, setbacks from wells, residences, conflicting uses and surface waters. There will be no spreading on frozen, snow-covered or saturated soils. Farmers will be expected to have access to the tile drains for visual monitoring and there must be the ability to shut off direct flow systems, either manually or automatically. The use of high trajectory guns for biosolids will be banned. For new and expanding-category 1-4 farms, nutrient management plans (NMP), nutrient management strategies (NMS), adequate storage and three-metre buffers along all watercourses will be standard requirement. In 2004, existing storages in municipal wellhead areas will be evaluated and category 4 operations will require a certificate of operation, NMP, NMS, adequate storage and the buffer zone. In the following year, high- trajectory guns will be banned for liquid manure and category 2 and 3 farms will have to meet the same standards as category 4s. By 2006, new and expanding greenhouses and nurseries will need a plan or strategy with agricultural businesses using other nutrients, category 7, needing to comply by 2007. In the final year of implementation, the smallest farms, greenhouses and container nurseries and farms using only commercial fertilizer will need a plan or strategy. In response to a question as to why this category had five years to meet the terms, Peter Johnston of OMAF said commercial fertilizers are not as risky. Strategies and Plans By 2008, everyone will have an NMP or NMS, said Johnston. "All generators and users will have to jump through the hoops. We want to make it fit both and you can help us get it right." The strategy, to be completed by generators, will include location of farm and barn; minimum distance separations for new and expanding operations; type, quality and analyp of nutrient; volume produced; storage available and destination agreements. The strategy must plan for a five- year period with records to be kept for seven. The plan , for users will cover the location of fields, crops rotations and yields, application timing, nitrogen and phosphate rate limits, separation distance, maximum liquid loading, land base and contingency plan. If significant changes occur, a revised plan or strategy must be developed. Johnston ensured attendees that all major field crops fall within the 20 per cent change limit so that normal crop rotations would not precipitate the need for a new plan. Also poor yields which impact nutrient uptake would not cause a significant change as yields are based on a 10-year average. For the enforcement of the regulations, Johnston said much would be on the honour system, though all operations will be subjected to a random audit. The larger operations are expected to be under more scrutiny, with at least one audit every five years, he said. Under specific conditions, operations categorized as 3 or higher would need approval of plans and strategies from OMAF. Land Application Johnston reviewed the details pertaining to land application and various restrictions which will apply. The setbacks from wells and buildings will vary depending on the nutrient and the feature. As an example, commercial fertilizer will not be allowed within three metres of a private well, 100 metres of municipal wells, 25 metres from the wall of a single residence, 50. metres from a residential area with at least four homes or 50 metres from the property line of a health care or school facility. These figures are the same for manure except that the buffer zone for private wells will be 15 metres for drilled wells and 30 metres for all others. The numbers are likewise adjusted upward for biosolids and other agricultural materials with a complete ban on biosolids within the two-year capture zone for municipal wells. While the act says nutrient may not be applied within 25 metres of a single residence, Johnston said there is no reciprocating standard for the construction of new homes. According to Huron East Chief Building Official Paul Josling, an attendee at the meeting, a new home could be constructed within 25 feet of a lot line as long as the minimum distance separations for the farmer's barn were met. Such an action would then force the farmer to change the area of application. These buffer zones are expected to come into force in April 2003. For vegetated buffer zones along waterways, the act would set out a three-metre zone from the top of the bank or clearly defined watercourse. Manure and fertilizer could be applied, but liquid manure would have to be incorporated. While vegetation was being established, the setbacks would be 10 metres and 20 metres respectively. Winter spreading would be allowed though not for manure or biosolids where there was a snow cover of more than five centimetres or the ground was frozen to a depth of more than two centimetres. There would be special conditions for spreading between Dec. 1 and March 31 that would include lower application rates, greater setbacks and incorporation on non-cropped fields. There would be no application in areas susceptible to wetness or on hilly sections. Following a model developed in Quebec, an odour quotient will be assessed. The moderate level, 02, would be equivalent to dry dairy manure with others rated 01 or 03. An 03 rating would be a smell equal or greater than liquid swine manure. These might include abattoir waste, other liquid manures and milk house wash water as well as others. Livestock Confinement Areas Animal feeding operations will be divided into two categories - grazing, where more than 50 pc r cent of the animal's dry matter intake is from the pasture and outdoor livestock confinement, where more than 50 per cent of the intake is brought• to the animals. These are then considered low density or high density. Though all operations will require an NMS and NMP, other standards will vary by density on type of farm. There will be soil requirements to allow higher animal numbers, particularly if wholly within the two- year capture zone. For instance, for new seasonal high-density operations, there must be at least .9 metres of soil that allows water to penetrate just 1/4 inch per week or one foot per year. Siting and Construction Details have also been outlined for the construction of new or expanding operations. As well as minimum storage capacities, site- characterization studies will be required for liquid manure facilities and category 4s generating solid, without a concrete floor. Existing storage structures within the two-year capture zone must be assessed for soundness by 2004. Other inspections will be phased in with the NMP. While there will be no in-field storage of liquid materials containing nutrients, various standards must be met for the storage of other materials. Decommissioning procedures for out-of-use facilities will be outlined for the final report. Septage Ilene Smith with the Ministry of the Environment spoke about the five-year plan for the phase-out of septage application. There would be an immediate ban on the land application of waste from portable toilets and no more certificates of approval for new sites approved. All current COAs would By Janice Becker Citizen staff Following the information session held in Seaforth Tuesday afternoon, those interested in speaking out about the province's proposed nutrient management act attended a consultation meeting iin Teeswater, Dec. 13. Though Huron East's Chief Building Official Paul Josling was unable to make a presentation himself, because of pre-registration requirements, he spoke, in a phone interview Monday, of issues which were raised by others. "There were several major concerns expressed Friday," he said. One of the most common was the concern for the lack of time for public consultations prior to the suggested imposition date of April -2003. Though Josling does not agree in all cases, he said there are some issues which could require more time. As expressed in Seaforth, there was concern for the amount of paperwork which farmers would have to do. One of the biggest issues raised, said Josling, was the absence of regulations pertaining to the spreading of nutrients on golf courses. "(Agriculture) Minister (Helen) Johns assured us that would be addressed before finalizing the act." Compensation for the loss of productive land due to setback and buffer zones was discussed. Farmers wanted to know MI° would cover those costs. While Josling said there may he a he phased out over the next five years. Training All generators. users, brokers and NMP preparers must eventually obtain training and/licensing. Large-scale generators, brokers and planners will be required to attend courses first. Smaller operators or those applying commercial fertilizers only will not need to attend until 2006 or after. The act also suggests the establishment of local advisory committees to deal with complaints and local issues pertaining to the standards. - OMAF will be taking thejead with technical farm support, NMA reviews and approval, training and certification and registration. The MOE will deal with enforcement, Environmental Protection Act approvals and monitoring. Jointly, the two agencies will oversee policy development, standards, regulations and research. Phase II of the consultations will continue until the end of January. The standards outlined here are draft suggestions with the final, approved regulations expected to take effect in April 2003. Greater detail' and specifics can also be found by obtaining a copy of the draft regulations. Consultation meetings were held throughout December where individuals or groups could make presentations and provide feedback for the ministry. More sessions are scheduled for January and can be found by connecting to the OMAF website at www.gov.onica/OMAF/English/ago ps/index.html or by calling 1-877- 424-1300. few small errors in the draft regulations which are typographical or need rewording, a major glitch stood out for him after the information session. " It allows 13,355 gallons of liquid manure to be spread on one acre of land in one application, That is outrageous. The normal amount is 3,000 to 5,000 gallons." he said. This brought up another interesting point for farmers of two generations. While much of the report quotes metric numbers, those at the consultation recommended the inclusion of ' imperial measures because "metric doesn't mean much to some," said Josling. Residential septage haulers were also concerned about the immediate ban on the spreading of waste on land. They asked what they were supposed to do with it. Reportedly, septage waste is to be taken to treatment plants though there is some concern for capacity at sites in North Huron. Generally. Josling said the meeting was not as well received as the Phase I consultations which overall drew complimentary responses for the government agencies. "People were more on the defensive," he said. Local groups making presentations at, the consultation session included the Huron County planning department. Huron County Federation • of Agriculture as well as those from Perth. Grey and Bruce. Josling will be forwarding his concerns to Johns as. well as attending any local consultation meeting scheduled for January. People express concerns at consultation meeting