Strategy and Manual

BACKGROUND TO THE AGRICULTURAL
NUTRIENT MANAGEMENT STRATEGY & MANUAL

The County of Prince Edward established a Nutrient Management Committee (a sub-committee of the County Planning Committee) in the summer of 1999 for the purpose of developing an Agricultural Nutrient Management Strategy and Manual for the County and an Agricultural Nutrient Management By-law, as well as model zoning by-law provisions.

This Manual responds to the concerns expressed by many residents of Prince Edward County regarding the production, storage and utilization of nutrients derived from livestock manure.

This Manual also assists with the implementation of County Official Plan policies relating to water resource protection.

A public meeting on the draft Strategy and Manual and By-law was conducted on __________ ,2000 at the Picton Town Hall.

The Nutrient Management Strategy and Manual will be used by both the agricultural community and the Municipality to set and implement standards that will permit the agriculture industry to continue to thrive with minimal environmental and societal concerns.

The Nutrient Management Strategy and Manual puts particular emphasis on ensuring that water quality and soil health are maintained or improved on farm operations throughout the County.

The Nutrient Management Strategy and Manual partially fulfills the mandate of the County Nutrient Management Committee which provides for:

"the development of a nutrient management plan for the County of Prince Edward to protect ground and surface water sources in accordance with the requirements of the County of Prince Edward Official Plan with respect to intensive livestock operations."

DEFINITION OF TERMS

All terms defined in County By-law No. _________ , being the County Agricultural Nutrient Management By-law shall have the same meaning in this Manual.

OBJECTIVE OF THE NUTRIENT MANAGEMENT PLANS

The objective for agricultural nutrient management plans is to provide for the optimal application of nutrients to soil on a farm-by-farm basis for intensive livestock farms in the interests of protecting the County's water resources, while maximizing the economic and biological value of the nutrients.

County Official Plan policies recognize the importance of the agriculture industry to the County's economy as, illustrated by Part III, Section 3.2.1 which reads, in part:

Agriculture is a significant employment source in the County, important to the County's historical, cultural and economic character and essential to the ability of other sectors, such as tourism, to create jobs and prosperity.

The County strategy for agriculture within the County Official Plan is to identify and protect prime agricultural areas, minimize conflict between farm operations and non-farm uses and provide for the protection of environmental resources, including water resources.

Having regard for the inter-relationships that exist between surface water quality, groundwater quality and surface activities, the County Official Plan provides policies for the protection of water resources.

Guiding Principles for Farmers

The Province of Ontario has recognized the need to address nutrient management with the development of a provincial strategy by the Ontario Farm Environmental Coalition. The County of Prince Edward, within its Nutrient Management Strategy and Manual, adopts the Coalition's guiding principles:

PURPOSE AND IMPLEMENTATION OF THE AGRICULTURAL NUTRIENT MANAGEMENT STRATEGY

The purpose of the County of Prince Edward Nutrient Management Strategy and Manual is to provide a uniform, County-approved policy for agricultural nutrient management within the County.

In the County of Prince Edward, the Agricultural Nutrient Management Strategy and Manual and associated by-law are intended to be used as the primary tools for mitigating environmental risks associated with the application of manure nutrients to soil for intensive livestock farms.

The implementation of the Agricultural Nutrient Management Strategy and Manual in the County of Prince Edward is through the Agricultural Nutrient Management By-Law and, ultimately, the appropriate Comprehensive Zoning By-Iaw(s).

COMPONENTS OF THE AGRICULTURAL NUTRIENT MANAGEMENT STRATEGY AND MANUAL

The County of Prince Edward Agricultural Nutrient Management Strategy and Manual consists of three components:

development and implementation of Nutrient Management Plans;

proper containment of agricultural nutrients while being stored and storage capacity of a minimum of 240 days; and

satisfaction of the Minimum Distance Separation Formula II.

Items (i) and (ii) above must be in place prior to the granting of a building permit for a new or altered livestock barn or manure storage facility on an intensive livestock farm.

Item (iii) must be in place if and when the Minimum Distance Separation Formula II is incorporated into the new County Comprehensive Zoning By-law that is currently being worked on to repeal and replace the ten (10) existing Comprehensive Zoning By-laws of the former lower tier municipalities of the County of Prince Edward.

Nutrient Management Plans

The County of Prince Edward adopts, as the standard in Nutrient Management Plans, the Ontario Ministry of Agriculture, Food and Rural Affair's Nutrient Management Program (NMAN99), as amended.

The NMAN99 program is a computer-based model. Data sheets for the development of a Nutrient Management Plan are also available from OMAFRA to provide for a manual method of nutrient management planning.

The nutrient management planning process may include, but is not limited to, the following data requirements or inputs:

• farm and field identification for the purposes of manure application;

• type and volume of manure or biosolid, i.e. dairy, hog, sewage sludge, etc.;

• form of manure and dry matter content;

• manure nutrient content;

• information for each field, including soil type, approximate slope, size, proposed crop, anticipated yield, previous crop, soil test results, previous manure applications;

• type, blend and application rate of commercial starter fertilizer, if used;

• application information such as season of application, timing of soil incorporation, weather conditions, method of application and calibration of application system;

• optional, unless spreading biosolids, heavy metal soil analysis; and

• optional, the cost of application of the manure.

The NMAN99 program calculates the following outputs:

• based on the proposed manure/biosolid application rate, a nutrient summary is provided for each field indicating the availability of nutrients from the manure, additional nutrient requirements for the proposed crop, whether any build-up of phosphorous or potassium exists in the soil, and whether the build-up is considered excessive;

• a volume summary is provided for all fields indicating, cumulatively, the volume of manure to be utilized by each field, showing how all of the manure will be allocated at acceptable levels;

• a heavy metal analysis provides an opportunity to ensure heavy metal application is within the Ontario Ministry of Environment guidelines;

• an economic summary may be generated for all fields indicating the economic value of manure on a per acre or per hectare basis; and

• the minimum separation distances between the application of manure and water courses, surface entry points, i.e. catch basins and wells.

The requirement for a Nutrient Management Plan, incorporating the above-noted components, shall be considered to be satisfied once the Nutrient Management Plan has been approved by the Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA) or a Consultant in Agriculture. "Approval" shall include confirmation as provided in Certificate "C" of Appendix A to this Manual that the Nutrient Management Plan is consistent with the nutrient management review criteria standards and practices of the Nutrient Management Plan Best Management Practices published from time to time by the Ontario Ministry of Agriculture, Food and Rural Affairs.

For farms in the County of Prince Edward applying biosolids (sewage sludge), heavy metal analysis is a mandatory component of a Nutrient Management Plan.

The owner /operator is required to enter into written agreements for manure receiving fields which are not owned by him/her.

In all cases, the fields to be used for manure application must only be used by one farmer under one Nutrient Management Plan.

The County Planning Services Department's Geographic Information Systems (GIS) will be used to track land application of manure to avoid doubling up between Nutrient Management Plans.

Should lands outside the County be proposed for the application of manure, County Planning Services staff should notify the neighbouring municipality of the plans to apply manure to properties in their jurisdiction.

Alternative arrangements to dispose of livestock manure off-site, such as sale to mushroom producers or composting operations may also be permitted. The Municipality may take direction from the Ontario Ministry of Agriculture, Food and Rural Affairs regarding the acceptability, terms and conditions of such alternative arrangements for livestock manure.

Nutrient Management Plan records shall be required to be kept by owners/operators for a minimum of 6 years as evidence of due diligence in the implementation of the Nutrient Management Plan.

There is a legal obligation on every owner/operator who has an approved Nutrient Management Plan to implement and adhere to the approved Nutrient Management Plan. If for unforeseen circumstances or force majeure, this is not possible, the owner/operator is required to notify the Municipality of the events, document any change in practice from the approved Nutrient Management Plan and advise the Municipality forthwith of such change. The Municipality, in consultation with the Agricultural Advisory Committee, will determine if the change(s) in practice has resulted or will result in a substantial change to the Nutrient Management Plan and if the Municipality determines that it has or will, then approval of an amendment to the Nutrient Management Plan will be required forthwith.

Under no circumstances, will an owner/operator be permitted to be without the land base prescribed by the approved Nutrient Management Plan.

240 Days Minimum Manure Storage with Contingency Plan

In order to provide for a minimum of 240 days storage of livestock manure, the intensive livestock farm owner/operator is required to calculate the volume of any existing storage as well as determine the additional volume necessary to reach 240 days storage. Unless it is verified that the existing manure storage facility has 240 days of livestock manure storage capacity for the proposed intensive livestock operation, the owner/operator shall calculate the size of manure storage facility required for a minimum of 240 days storage and incorporate these requirements into the owner/operator's building plans.

The County of Prince Edward adopts, as the standard method for calculating manure storage capacity, the Ontario Ministry of Agriculture, Food and Rural Affairs' MSTOR99 program, as amended from time to time.

The MSTOR99 program shall be used to calculate the design and dimensions of the manure storage facility using livestock units.

Data sheets to provide equivalent manure storage calculations are also available from the Ontario Ministry of Agriculture, Food and Rural Affairs for the purpose of estimating storage capacity.

The intensive livestock farm owner/operator shall provide in the approved Nutrient Management Plan contingency plans for use in the event of a manure spill or manure storage system failure.

Guidelines for the preparation of such contingency plans can be obtained from the Ontario Ministry of Agriculture, Food and Rural Affairs.

Minimum Distance Separation Formula I and II/Zoning Compliance

The Minimum Distance Separation Formula I (MDS I) provides for minimum distances between new dwellings and existing livestock barns and manure storage facilities.

The Minimum Distance Separation Formula II (MDS II) provides for minimum distances between new or expanding livestock barns and manure storage facilities and existing or approved development.

The MDS I and II currently are not part of any of the ten (10) existing Comprehensive Zoning By-laws of the former lower tier municipalities of the County of Prince Edward, save and except for the Ward of Ameliasburgh.

Until the new County Comprehensive Zoning By-law is in effect, the provisions of the ten (10) existing Comprehensive Zoning By-laws for the former lower tier municipalities of the County of Prince Edward shall continue to apply.

If a farmer cannot meet the provisions of the existing Comprehensive Zoning By-law, she/he may wish to apply for a minor variance and the MDS II should be used as a guideline of what a reasonable distance setback could be.

If and when the MDS II is incorporated into the Municipality's new Comprehensive Zoning Bylaw, it shall be calculated in accordance with the guidelines published by the Ontario Ministry of Agriculture, Food and Rural Affairs, and the prescribed distances shall be satisfied by the proposed building plans.

If and when incorporated into the new County Comprehensive Zoning By-law, the prescribed MDS II distance(s) may be the subject of a minor variance application process should it not be possible for the farmer/owner to satisfy the prescribed distance(s) for either the livestock barn or the manure storage facility.

NUTRIENT MANAGEMENT PLANNING PROCESS

Figure 1 indicates the process required to obtain a Building Permit for new intensive livestock farms and for existing farms expanding to the scale of an intensive livestock farm in the County of Prince Edward.

As indicated on Figure 1, the nutrient management planning process is triggered by the need for a building permit to construct or alter a livestock barn or manure storage facility.

Farm owners/operators required to complete all three components of the Agricultural Nutrient Management Strategy and Manual (see Sections 5.1,5.2 and 5.3 of this Manual) are those whose operations already meet or will meet after the proposed construction or alteration the definition of an intensive livestock farm. Farmers who do not have an intensive livestock farm need only satisfy applicable zone provisions of the Comprehensive Zoning By-law in effect for the lands and the Ontario Building Code Act.

The intensive livestock farm owner/operator is responsible to satisfy the requirements set out in this Manual for preparing and obtaining approval of a Nutrient Management Plan prior to obtaining the desired Building Permit from the Municipality.

OMAFRA or a Consultant in Agriculture must approve the proposed manure storage system as part of the Nutrient Management Plan.

It is the farm owner's/operator's responsibility to locate sufficient lands for the application of manure and obtain written agreements with landowners for this purpose (See Appendix C of this Manual and Section 5.4.2(c) of the Agricultural Nutrient Management By-law).

Alternatively, it is the farm owner's/operator's responsibility to find other acceptable arrangements for the disposition of livestock manure such as sale to composting companies or to mushroom producers. Such alternative arrangements must be recommended by the OMAFRA and written agreements for these alternative arrangements will be required. (See Appendix D-l and/or D-2 of this Manual and Section 5.4.2(d) of the Agricultural Nutrient Management By-law). Any outstanding concerns with the alternative arrangements must be addressed to the satisfaction of the Municipality.

Prior to the approval of a Nutrient Management Plan, the Chief Building Official for the Municipality will verify, using the County Planning Services' Geographic Information System (GIS), that all parcels of land identified in a Nutrient Management Plan have not yet been committed for use by any other Nutrient Management Plan, so that lands are registered for use by only one farm operation for manure application.

Should the Chief Building Official find that a farm is already registered to another Nutrient Management Plan, the owner/operator will be notified by the Chief Building Official and provided with the opportunity to find alternative lands for the application of manure or an alternative arrangement for the disposition of manure.

All Nutrient Management Plans shall be approved prior to submission to the Municipality . The submission of the Nutrient Management Plan to the Municipality should be accompanied by a signed statement as outlined in Appendix A of this Manual.

Once Sections 5.1(the Nutrient Management Plan component), 5.2 (manure storage component) of this Manual are completed and approved for an intensive livestock operation, the Chief Building Official will be in a position to issue the requested building permit, subject to compliance with the requirements of the Ontario Building Code Act.

If OMAFRA determines that it will no longer provide Third Party Review of Nutrient Management Plans or renewals or amendments thereto, then the Municipality shall bear the cost of retaining a Consultant(s) in Agriculture to provide Third Party Review of Nutrient Management Plans.

Nutrient Management Plan Renewal Process

Best environmental management and land stewardship practices require that Nutrient Management Plans be updated on a regular basis to reflect both changing circumstances and new approaches and technologies.

Accordingly, the renewal process for Nutrient Management Plans is as follows:

• At the time of approval of the Nutrient Management Plan, the Municipality shall advise the owner/operator that it is his/her responsibility to renew the Nutrient Management Plan every 5 years, in order to ensure compliance with this mandatory requirement of the Agricultural Nutrient Management By-Law.

• The submission of a renewed, approved Nutrient Management Plan renewal shall be made on or before March 1 st in the fifth calendar year following the date of the initial approval of the Nutrient Management Plan and thereafter every five years from the date of each renewal. It shall be accompanied by a signed statement as outlined in Appendix A to this Manual.

• Six months prior to the renewal date for a Nutrient Management Plan, the Municipality shall send a registered letter to the owner/operator providing notice of the deadline for renewing the Nutrient Management Plan, together with the request that the renewed, approved plan be submitted prior to the deadline.

• The owner/operator must obtain the written approval of the renewed Nutrient Management Plan from OMAFRA or a Consultant in Agriculture.

The importance of renewing Nutrient Management Plans will be stressed as part of the education process outlined in Section 8 of this Manual.

THE AGRICULTURAL ADVISORY COMMITTEE AND THE COMPLAINTS PROCESS

The Complaint Process

Complaints regarding any farm operation or any aspect of the implementation or interpretation of the Agricultural Nutrient Management By-Law or Agricultural Nutrient Management Strategy and Manual (including specific Nutrient Management Plans) are to be directed to the County Chief Building Official.

The complaint process can be activated by a telephone call provided that a written complaint is received within 24 hours by the County. Failure to submit a written complaint may result in the investigation being halted, unless it has already been determined that there is a violation of provincial legislation.

The Chief Building Official or an inspector appointed under the Building Code Act or the County By-Law Enforcement Officer will initiate an investigation within 48 hours of receipt of the complaint.

The CBO or other investigator will first assess whether the complaint involves a violation of provincial legislation. If it does, the complaint will be directed to the Ontario Ministry of Environment and/or the Ontario Ministry of Agriculture, Food and Rural Affairs, who will then re-assess the complaint to determine which legislation, if any, it concerns.

If the Ministry of Environment or the Ontario Ministry of Agriculture, Food and Rural Affairs finds the complaint involves a violation of provincial legislation, Ministry staff will forward it to the appropriate Ministry for further action. If the Ministry of Environment or the Ontario Ministry of Agriculture, Food and Rural Affairs finds that the complaint does not involve a violation of provincial legislation, Ministry staff will send the complaint back to the Municipality.

The Agricultural Advisory Committee or a subcommittee of the Agricultural Advisory Committee then investigates the nature of the complaint and if the Committee determines that the complaint is valid, shall stipulate actions required by the affected owner/operator to remediate the problem based on the principles of agricultural Best Management Practices, good farm management practices and proper land stewardship. If the Committee determines that the complaint is not valid, a written response is to be provided to the complainant from the Committee and copied to the farm owner/operator identified in the complaint.

A farm owner and/or operator is innocent until proven guilty and has the right to continue his activity until the Agricultural Advisory Committee has completed its investigation and due process is complete.

If informed of a potential breach of a provision of a Nutrient Management Plan or provincial legislation, the farm owner/operator is increasing his/her liability, should he/she choose to continue his/her activity.

Where there is clearly a threat to public health, the local health unit may require the farm owner and/or operator to cease and desist his activity immediately, in accordance with the Health Protection and Promotion Act.

If the Agricultural Advisory Committee or sub-committee wishes, advice from Provincial Ministry staff or the Medical Officer of Health may be sought.

Any requirements of the Agricultural Advisory Committee will be provided in writing by the Committee under the signature of the Chairman or in his or her absence the Vice-Chair of the Agricultural Advisory Committee to the farm owner/operator and a specified time period will be provided for the owner/operator to implement all of the requirements.

Once the farmer has corrected the problem to the satisfaction of the Agricultural Advisory Committee, the matter is considered to be resolved and the Complainant is notified in writing by the Agricultural Advisory Committee.

In the event that the farm owner/operator chooses not to comply or fails to comply with the recommendations made by the Agricultural Advisory Committee within the specified time period, the Committee has the option of recommending to the Municipality that the Farming and Food Production Protection Act process be triggered. This process can be used if the complaint relates to the following areas of nuisance: noise, odour, dust, flies, light, vibration and smoke.

Should the Farming and Food Production Protection Act process be appropriate, an attempt will be made by the Ministries involved to resolve the complaints without a hearing, however, the option of a hearing with the Normal Farm Practices Protection Board is also available if required.

If the complaint does not pertain to the Farming and Food Production Protection Act, the Agricultural Advisory Committee may recommend that the Municipality lay charges against the farm owner and/or operator for failure to comply with the Agricultural Nutrient Management By-Law. If this avenue is followed, the issue is normally forwarded to the Court system for resolution.

Standard forms and more detailed procedural guidelines may be developed to assist the Municipality in dealing with complaints.

In all cases, it is the policy of this Manual for the Agricultural Advisory Committee to notify the complainant in writing of the outcome or status of his/her complaint.

The Agricultural Advisory Committee

An Agricultural Advisory Committee will be formed by the County of Prince Edward by by-law to assist with the complaint process outlined in this Manual.

The Committee will operate as a group of peers from the farm community with representation from the major commodity groups and farm organizations in the County.

It is intended that the Committee review complaints and consider inquiries regarding farm management practices that relate to this Agricultural Nutrient Management Strategy and Manual (including specific farm operations and Nutrient Management Plans) and that it will provide advice in respect to same.

With the agreement of the parties involved, it may provide an alternative dispute resolution service and has the potential to resolve many agricultural issues without provincial involvement. However, the Committee will not become involved in those complaints, including those relating specifically to manure spills, that clearly fall within the mandate of the Ministry of Environment or other provincial Ministry.

Committee Composition and Operations

The Committee shall consist of two members from County Council and eleven members from the following groups or associations:

• Prince Edward Federation of Agriculture (2 representatives)

• Prince Edward Sheep Association (1 representative)

• Prince Edward Cattlemans Association (1 representative)

• Quinte Pork Producers (1 representative)

• Prince Edward County Ratepayers' Association (2 representatives)

• Chicken Farmers of Ontario

• Prince Edward Soil and Crop Association (1 representative)

• Prince Edward Dairy Producers (1 representative)

• Quinte Christian Farmers Federation (1 representative)

Each of the above-noted groups or associations shall nominate for County Council's approval one or two representatives (as the case may be) to sit as a member on the Agricultural Advisory Committee. If any nominee is rejected by County Council, the particular group or association shall nominate another candidate for Council's consideration and approval. This process shall be repeated so often as is necessary until a candidate for such group or association has been approved by Council.

The Committee members shall elect a Chair and Vice-Chair for the purpose of chairing meetings and overseeing Committee operations.

A majority of the 13 members of the Committee shall constitute a quorum.

The term of the Committee shall correspond to the term of the current County Council.

All recommendations and/or decisions of the Committee shall be determined by the vote of a majority of the Committee members present at a meeting of the Committee.

The County shall provide technical support and secretarial services for the purpose of providing secretarial duties at general meetings and to process reports, correspondence, etc. and to provide bookkeeping services for the Committee.

The County will also be responsible for accessory services such as photocopying and postage.

It is intended that the entire Committee meet as necessary to discuss central issues, deal with general information/education matters, and review the types of complaints/inquiries the Committee is fielding.

Following an annual meeting, a report of the Committee's undertakings within the previous year shall be prepared for consideration and receipt of the County Planning Services Committee and County Council.

When dealing with a specific complaint or inquiry, a subcommittee consisting of not less than three Committee members will be established for the purpose of conducting investigations, including on-site investigations by way of request to the farmer, of the complaint/inquiry and to formulate recommendations.

When dealing with a specific complaint, it will be the responsibility of the County to provide the expertise of the Chief Building Official and/or a By-Law Enforcement Officer to the subcommittee for the purpose of the investigation of the complaint.

Committee Funding

Given that the adherence to good farm management practices and the resolution of disputes at a local level are of benefit to all taxpayers in a given area, the cost of operations for the Committee, when dealing with a complaint/inquiry should be borne by the Municipality through the County Planning Services Department budget.

Each Committee member responding to a complaint shall be paid $75 for the first four hours, plus $15/hour over four hours, for time spent on a complaint as well as the current County mileage rate for travel expenses incurred for on-site investigations.

When the entire Committee is meeting to discuss central issues, deal with general information/education matters and review types of complaints that are coming before it, the costs associated with such meetings shall be borne by the County . The County shall fund a maximum of four such meetings in the initial year and two such meetings per calendar year thereafter and that the members of the Committee be paid $50 per half day and $100 per full day for attending such meetings.

EDUCATION

The success of this Agricultural Nutrient Management Strategy and Manual relies on the commitment of the farming community to comply with the directions and requirements of this Manual and the Agricultural Nutrient Management By-law.

In an effort to reinforce the Agricultural Nutrient Management Strategy, it is strongly recommended that the Agricultural Advisory Committee hold one seminar annually to provide an education forum for farmers regarding nutrient management.

The format and content of the seminar will be determined by the Agricultural Advisory Committee.

The funding for the seminar will be provided by the County since the issue of nutrient management is of county-wide interest.

APPROVAL

This Agricultural Nutrient Management Strategy and Manual shall be formally adopted by County Council by By-law.

No amendments to this Manual shall be made until the Agricultural Advisory Committee has been consulted by Council regarding the substance and effect of the proposed amendment. If the Agricultural Advisory Committee requests, County Council shall give a minimum of 30 days notice in a newspaper having general circulation in the Municipality of a public meeting to consider the proposed amendment(s) to this Manual. The proposed amendment and a summary of its purpose and effect shall be available to the general public upon the giving of such Notice.