The Rural Voice, 2001-03, Page 47i
Advice
your 2000 corn crop.
Energy Level of 2000 -Grain Corn
is available from the Fergus Resource
Centre, by phoning (519) 846-0941.0
Farm Safety issues
warning about
carbon monoxide
dangers
In recent weeks a number of
Ontario farmers have had serious life
threatening encounters with carbon
monoxide fumes in confined areas,
report the Ontario Farm Safety
Association.
A number of these
hospitalizations have been the result
of operating gas or diesel powered
equipment in closed barns. All of the
victims came dangerously close to
become fatally injured. The
following information can help you
prevent such a tragedy on your farm.
Clear, odourless carbon monoxide
gas (CO) is a product of incomplete
combustion. Without proper
ventilation in a closed area, levels of
CO can build to dangerous levels in a
short time, and victims succumb to a
lack of oxygen.
Low concentrations of the gas can
lead to slight headache and shortness
of breath upon moderate exertion.
Higher concentrations can produce a
severe headache, confusion,
dizziness, impaired vision and
hearing and collapse or fainting with
exertion. Extreme concentrations
lead to instantaneous death!
One should not enter an area filled
with CO to rescue a victim without
first opening doors and windows to
allow maximum ventilation. A
victim should be removed to the
outdoors and kept warm, and not
allowed to walk or exert themselves.
Get the victim to a doctor for
treatment and assessment. Where
breathing has stopped, artificial
respiration should be started
immediately.
For more information contact the
Farm Safety Office at (519) 823-
5600 or 1-800-361-8855. Fax: (519)
823-8880 or email:
info@farmsafety.ca.0
Agrilaw
Regulating factory' farms
By Paul G. Vogel
In the wake of the Walkerton
tragedy resulting from manure
contamination of the municipal water
supply and in the face of increasing
concern about manure contamination
of surface and
groundwater
throughout
Ontario, many
municipalities
are confronted
with the
relative
priority to be
accorded
normal farm
practices and
public health and safety in land -use
planning. Particularly in the context
of the increasing size of agricultural
operations, do existing provincial and
municipal controls provide the
necessary water supply protection or
should municipalities have additional
measures available to them to protect
the health of their community?
The Ontario Municipal Board was
recently required to consider various
provisions of a comprehensive
zoning bylaw including a livestock
unit density restriction of 600
livestock units on one site. In
upholding the jurisdiction of the
municipality to enact such a density
restriction, the Board rejected the
evidence of representatives of
Ontario's Ministry of Agriculture
Food and Rural Affairs (OMAFRA)
that such "arbitrary controls ... are
unnecessary". The Board
commented:
"It is clear to the Board the Targe
factory farms concerning the
municipality and other witnesses
present from further afield, are a
new phenomenon on the
agricultural landscape and they
bring new problems and risks that
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."
In exercising its jurisdiction with
respect to land use planning, the
Board held that "when considering
OMB
upholds
municipal
right to
regulate
normal farm practices, we are to give
top priority to public health and
safety and in doing so protect the
water supply". The Board determined
that "wide open expansion cannot be
at the expense of the environment
when the health and safety of citizens
is a priority" and that present
provincial and municipal controls are
not sufficient for this purpose.
OMAFRA's evidence was that
provincial promotion of normal farm
practices, minimum distance
separation between agricultural and
other land uses and municipal
requirements for nutrient
management plans were sufficient
tools to regulate intensive livestock
operations. In addition to concluding
that public health and safety should
have priority over normal farm
practices, the Board held that:
"While the province has
continually updated and amended
the MDS formula as experience
dictated, it is clear the formula
does not adequately deal with the
expansions of existing operations.
The MDS deals mainly with
odour problems.
Nutrient Management Plans are a
positive step in regulating manure
disposal, (but) the enforcement
and regulating of the plan is a
problem and has to be addressed."
What the Board described as the
"new phenomenon" of Targe factory
farms requires new regulatory tools.
The OMB has determined that at
least some of these tools, including
livestock density instructions, are
within the jurisdiction of
municipalities to enact to preserve
and protect water resources.0
Agrilaw is a syndicated column
produced by the full service London
law firm of Cohen Highley LLP. Paul
G. Vogel, a partner in the firm,
practices in the area of commercial
litigation and environmental law.
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.
MARCH 2001 43