HomeMy WebLinkAboutHuron Expositor, 2000-07-26, Page 6S-TNE HURON EXPOSITOR, July 2e, 2000
News
OMB decision impacts
municipalities
manure bylaw decisions
Sy Andy Soder
Mitchell Advocate Ecktor
It took longer than they
would have liked, but W.est
Perth township council
received a favorable Ontario
Municipal Board (OMB)
decision with regard to their
comprehensive 'zoning bylaw
last Tuesday.
Three ` appeals were
launched against the
municipality's bylaw 100-98,
for the .most part dealing
with section 6,6 and a 600 -
animal unit livestock cap; 30
per cent ownership of land
base for spreading of manure
and all land be within eight -
kilometres of the intensive
livestock operation.
An OMB hearing was held
March 29-31, and April 17-
18, with council waiting
patiently the decision from
OMB Chair Gary Harron.
They got it last Tuesday.
All but the hauling
component of the bylaw was
upheld. Harron declared in
his 18 -page report.
"We're obviously happy,"
said West Perth Mayor John
Van Bakel.
"The township feels
vindicated that we were on
the right track before
everyone started hollering
from the rooftops," he said.
referring to the tragedy in
Walkerton and contaminated
water, which was blamed on
manure runoff from a large
farm.
Water quality was the key
argument in defence of the
bylaw, and the incident in
Walkerton and E. coli'
contaminationelsewhere in
the province after the
hearing took place adds
strength to the municipality's
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argument.
"It verifies
that we were
acting in the
best interest
of the
municipality,
in our•
opinion
anyway."
added Van.
Bakel, who
also testified
during the
hearing.
T h .e
Ministry of.
Municipal
Affairs and.
Housing.
(MMAH),
Ben Gardiner
Farms Inc.
and Ben.
Gardiner
Holdings Inc. of Lot 8 and 9
of Hibbert ward, and Jim
Spence appealed the bylaw
to the OMB. Spence's appeal
was a housekeeping matter
and cleared up,relatively
quickly.
The government argued.
the necessary tools •are
already in place so curtail
large agricultural operations
and prevent environmental
damage. but the municipality
said enforcement was
lacking. The OMB agreed.
They also outlined the
following in•their report:
■ While the province has
continually updated and
amended the minimum
distance separation (MDS)
formula as experience
.'dictated, itis clear the
formula does not adequately
deal with the expansion of
existing operations. The
MDS deals" mainly with odor
problems.
Quoted
The
municipality.
needs, and in
the Board's
opinion, now
has pbnning
tools available
to regulate
these large
scale
operations,' --
Gory Harron
Mick*
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• Nutrient
management
plans are a
positive step
in regulating
manure
disposal, the
enforcement
and regulating
of the plan is a
problem that
needs to be
addressed.
■ • While
manure
holding tanks
a r e
constructed
according to
the• building
code and
require a
building
permit, as they
age and
deteriorate it appears there is
no ongoing, inspections to
ensure they are safe. The
undisputed evidence before
the Board. is that some tanks
leak as they deteriorate.
■ While pollution can
occur from all types of
manure, dry manure such as
chickens, horse or cattle
mixed withng such as.,.
straw or shags does not
raise the concern of liquid
manure.
■ OMAFRA has made
available many documents
and fact sheets as well as
personnel to advise and
assist both farmers and .
municipalities with farm
development for years. The
advent however of these
very large intensive livestock
operations are different than
the family farms experienced
in the past and municipalities
and citizens are seeking
broader -powers from the
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province in order to regulate
them. •
Gardiner, who is already at
the cap limit.of 600 animal
units (1,200 beef cattle): said
the bylaw unfairly restricts
him and he cannot expand
without purchasing more
land. -
"While the municipal
bylaw (sec. 6.6) will restrict
further expansion at this one
site; Gardiner admitted he
afan expand at one of his
ikher farms." Harron wrote.
"Gardiner also has the option.
to apply for a hylaw
amendment where . the
municipality and government
agencies can assess the
application on a site specific
basis."
Harron continued that.
large factory farms "are a
new phenomenon" and they
bring newlproblems and
risksthat citizens are now
turning to municipal councils
and the provincial
government for guidance.
"The municipality needs.
and in the Board's opinion.
now has ,.planning tools
available to regulate these
large scale operations." he
virote•_
"Municipalities also have
the option available tip pass
an interim control bylaw that
can give•.them two years to
study 'the matter.""
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