THE CORPORATION OF THE MUNICIPALITY OF MORRIS-TURNBERRY

BY-LAW NUMBER 31-2002

A BY-LAW TO REGULATE MANURE PITS AND MANURE MANAGEMENT

IN THE MUNICIPALITY OF MORRIS-TURNBERRY.

WHEREAS the Council of the Corporation of the Municipality of Morris-Turnberry deems it necessary in the public interest to regulate manure pits, livestock facilities, and the management of manure;

AND WHEREAS, pursuant to Section 102 and Section 210, Par. 144, of The Municipal Act, R.S.O. 1990, as amended from time to time, by-laws may be enacted by local municipal Councils for the health, safety and welfare of the public and to regulate the location, erection and use of manure pits in a local municipality;

NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE Municipality of Morris-Turnberry ENACTS AS FOLLOWS:

 

SECTION 1. TITLE

This by-law may be cited as the "Manure Management By-law".

SECTION 2. SCOPE

This by-law shall apply to all lands within the limits of the Corporation of the Municipality.

SECTION 3. DEFINITIONS

For the purpose of this by-law, the definitions and interpretation given in this section shall govern.

3.1. Agricultural Use, General means general farming and without limiting the generality of the foregoing shall include such uses as the general cultivation of land and the associated production, conditioning, processing and storing of field crops, vegetables, fruit, horticultural crops and nursery stock and the selling of such produced on the premises, the breeding and care of livestock, fowl, fur-bearing animals and bees, and the selling of such stock or the product of such stock raised on the premises, and the management of forest, and the sale of forest products, including fuel wood, pulp wood, timber, Christmas trees, and maple products, and includes a farm dwelling and accessory buildings and uses.

3.2. Agricultural Use, Regulated means the raising of livestock and includes a farm dwelling, land base and accessory buildings and uses and includes the provisions of Section 6.4.1.

3.3. Alter shall mean any alteration in a bearing wall or partition or column, beam, girder or other supporting member of a building or structure or any increase in the area or volume of a building or structure. When used in reference to a lot, the word "alter" means to increase or decrease the width, depth or area of any required yard, setback, landscaped open space or parking area, or to change the location of any boundary of such lot with respect to a street or lane, whether such alteration is made by conveyance or alienation of any portion of said lot, or otherwise. The words "altered" and "alteration" shall have a corresponding meaning.

3.4. Aquifer means a geological formation containing a subterranean reservoir of groundwater capable of providing economic quantities of water to a well.

3.5. Building includes any structure whether temporary or permanent, used or built for any purpose other than a lawful boundary, wall or fence. Any enclosure, awning, bin, bunk or other container, or platform, used upon any land or in conjunction with or connected to any structure for any purpose shall be deemed a building.

3.6. Building By-law means any building by-law within the meaning of the Ontario Building Code Act, 1992, as amended from time to time.

3.7. Building Inspector means the Chief Building Official or other employees of the municipality for the time being charged with the duty of enforcing the provisions of the Building By-law and the Ontario Building Code, which shall mean any by-law of the municipality from time to time in force regulating the erection, alteration or repair of buildings and structures, including the enforcement of the Manure Management By-law.

3.8. Code, National Farm Building (1995) is a guide for the design, construction, remodeling and evaluation of a wide variety of farm buildings other than living quarters. Contains recommendations designed to obtain safe and efficient performance and economy within such buildings.

3.9. Code, Ontario Building is a set of regulations prepared by the Ministry of Housing consisting of building requirements to minimize the risk of injury and property damage from structural failure and fire and health hazards.

3.10. Consultant in Agriculture means a professional with accreditation and specialization in the assessment of soils, manure and nutrient management.

3.11. Corporation means the Corporation of the Municipality.

3.12. Council means the Council of the Corporation of the Municipality.

3.13. Dike is an earthen embankment or dam surrounding the manure pit and normally composed of material excavated during the construction of the manure pit.

3.14. Drain, Buried means any sub-surface conduit for receiving and or conveying water.

3.15. Drain, Open means a conveyance for water which is bounded by visible bed and banks. It may be man made or natural.

3.16. Dwelling means a building, or part thereof, occupied or capable of being occupied as a home, residence or sleeping place by one or more persons.

3.17. Dwelling, Farm means a dwelling unit that is naturally and normally incidental and subordinate and exclusively used in conjunction with a farm and is situated on the same lot therewith.

3.18. Erect includes build, construct, or reconstruct, alter, enlarge and relocate and without limiting the generality of the foregoing, shall be taken to include any associated physical operation such as excavating, grading, berming, piling, cribbing, filling or draining, structurally altering any existing building or structure by an addition, deletion, enlargement or extension.

3.19. Existing means lawfully in existence, being an actuality as of the date of the final passing of this By-law.

3.20. Flood Plain is the area of a river valley flooded as the result of a regional storm.

3.21. Frontage means the width of a lot measured along the streetline.

3.22. Grade, Finished means the average elevation of the finished surface of the ground at ground level of a building or structure.

3.23. Groundwater is subsurface water that occurs beneath the water table in soils and geologic formations that are fully saturated.

3.24. Guide to Agricultural Land Use - A set of guidelines used to assist farmers in reducing the potential of their livestock operations to pollute air, soil and water, and to provide guidelines for the rational use of land in relation to the livestock industry.

3.25. Livestock means chickens, turkeys, cattle, hogs, horses, mink, rabbits, sheep, goats, fur bearing animals, or any other domestic animal used for consumption.

3.26. Livestock Unit:

Equivalent values for various types of animals and poultry based on manure production and production cycles.

 

 

Animals per Livestock Unit

 

 

BEEF

1

Beef Cow1

 

 

2

Beef Feeders

 

CHICKEN

125

Caged Layers

 

 

125

Chicken Breeder Layers

 

 

200

Chicken Broilers/Roasters

 

 

500

Pullets (replacement layers)

 

DAIRY

1

Milking Cow 1,2

 

 

2

Dairy Heifers

 

DUCK

100

Ducks

 

EMU

5

Emu

 

FOX

40

Adult Fox4

 

GOAT

4

Adult Goats3

 

 

10

Feeder Goats (>20 kg)

 

HORSE

1

Horse3

 

MINK

80

Mink4

 

OSTRICH

3

Ostrich

 

RABBIT

40

Adult Rabbits4

 

SHEEP

4

Adult Sheep3

 

 

10

Feeder Lambs (>20 kg)

 

SWINE

5

Sows/Boars

 

 

4

Feeder Hogs (30-120 kg)

 

 

20

Weaners (4-30 kg) 5

 

TURKEY

50

Meat Turkeys (>10 kg)

 

 

75

Meat Turkeys (5-10 kg)

 

 

75

Turkey Breeder Layers

 

 

100

Meat Turkeys (<5 kg)

 

 

500

Pullets (replacement Breeders)

 

VEAL

6

White Veal

 

 

3

Red Veal (<300 kg)


NOTES:
For all other animals/poultry use 1 livestock unit per 450 kg housed at one time. 

1. includes calf to 150 kg

2. A dairy/cow-calf farm usually has milking cows, heifers and calves. Multiply the number of milking/nursing cows by 1.5 to account for the followers when they are all kept on the same farm.

3. Includes offspring until weaned.

4. Includes offspring to market size.

5. Multiply number of sows by 2.4 to determine the number of weaners

3.27. Lot shall mean a parcel of land, described in a registered deed or shown on a registered plan of subdivision including any of its parts which are subject to right-of-way or easement that is capable of being legally conveyed.

3.28. Lot Line means any boundary of a lot or the vertical projection thereof.

3.29. Manure, Livestock

Principally composed of livestock feces and urine, may include some bedding material and dilution water.

3.30. Manure, Liquid Livestock

Livestock manure which has a dry matter content, not exceeding 12% by weight.

3.31. Manure Pit/Storage/System means an earthen, steel, or concrete storage facility used for the storage of liquid or dry manure.

3.32. Manure Pit, Covered is a manure pit with a roof or covering enclosing the surface area of the pit.

3.33. Manure Pit, Open is a manure pit open to the atmosphere with no roof or covering.

3.34. Municipal Drain shall mean a drainage works as defined by The Drainage Act, R.S.O. 1990 as amended from time to time.

3.35. Municipality shall mean the Corporation of the municipality or land included within the municipality as appropriate.

3.36. Non-Complying means a livestock facility or manure system permitted by this by-law which does not meet the provisions required in this By-law.

3.37. Non-Conforming means a lawfully existing livestock facility or manure system not permitted by this By-law.

3.38. Nutrient Management Plan - A professionally prepared report that evaluates the relationship between the application of nutrients (manure), management techniques, and land use (see Appendix A for further details).

3.39. On-Site shall mean located on a parcel of land that is capable of being legally conveyed.

3.40. Permitted shall mean permitted by this By-law.

3.41. Person includes any individual, association, partnership, corporation, municipal corporation, agent or trustee and the heirs, executors or other legal representative of a person to whom the context can apply according to law.

3.42. Renovation means the repair and restoration of a livestock facility or livestock manure system to good condition within existing external walls and dikes but shall not include its replacement.

3.43. Road Allowance shall mean a municipally owned property used as a roadway or retained as a road right-of-way.

3.44. Site Plan shall mean a scaled drawing showing the relationship between a livestock facility, manure pit and neighbouring land uses including areas designated or zoned in a non-agricultural category; non-conforming uses; neighbour's residences; middle-of-the-road allowances and lot line.

3.45. Tillable Hectares / Acres means the total area of land including pasture that can be worked or cultivated.

3.46. Use shall mean the purpose for which any land, building, structure, or premises, or part thereof, is arranged, designed or intended to be used, or is or may be occupied or maintained and the words 'used', 'to use' and 'uses' have a corresponding meaning.

3.47. Watercourse shall mean a natural or man-made channel which carries water and includes streams, rivers, open drains and lakes.

3.48. Water table is the boundary between the unsaturated and saturated zones in soil or geologic formations. The location is demonstrated by the level at which water stands in a shallow well or pipe which is open along its length and penetrating surficial deposits just deeply enough to encounter standing water in the bottom. High ground water table means the highest elevation at which there is physical evidence that the soil has been saturated with water.

3.49. Well shall mean a dug or drilled hole made in the ground to locate or obtain ground water or to test or to obtain information in respect of groundwater or an aquifer, and includes a spring around or in which works are made or equipment is installed for collection or transmission of water and that is or is likely to be used as a source of water for human consumption.

3.50. Well, Abandoned means a well which has been covered, filled or left unused and from which water is not taken or not intended to be taken or is impractical to take, and which has or should be decommissioned in accordance with government regulations. Unused wells which are not currently used or are occasionally used and which are properly constructed, maintained and protected and pose no risk to groundwater quality may be exempted from the definition of an abandoned well.

SECTION 4. APPLICATION, ADMINISTRATION AND ENFORCEMENT

4.1. APPLICATION

No person shall use any land, or erect, alter or use any livestock facility or livestock manure system or livestock housing or part thereof within the limits of the Corporation of the Municipality except in conformity with the provisions of this by-law and with the Municipal Zoning By-law.

4.2. ADMINISTRATION

This by-law shall be administered and enforced by such person or persons as shall be appointed from time to time by by-law of the Corporation of the Municipality of Morris-Turnberry.

4.3. INSPECTION

Any employee of the municipality acting under the direction of the Council of the Corporation, or any peace officer having jurisdiction in the Township, is hereby authorized to enter with prior notification between the hours of 8:00 o'clock a.m. and 6:00 o'clock p.m. on any day but Sunday upon any property or premises or structure for the purpose of discharging his duties and obligations under this By-law, or if there is reason to believe that the provisions of the By-law are not being complied with in whole or in part. The authorized employee will adhere to all biosecurity measures normally followed by the livestock operator.

4.4. APPLICATION FOR PERMIT

No person shall use any land, or erect, alter or use any livestock facility or livestock manure system or livestock housing or part thereof within the limits of the Corporation of the Municipality, unless a permit has been issued, therefore, by the Chief Building Official.

In addition to all the requirements of the Building By-law, the Ontario Building Code Act (1992) and regulations thereto, or any other by-law, every applicant for a permit for a livestock facility or livestock manure system shall file with his application a plan, in duplicate, drawn to scale, including the following:

4.4.1. Dimensions of the lot to be built upon or otherwise used;

4.4.2. The proposed type, location, and dimensions of the livestock facility or livestock manure system proposed for such lot and its distance relative to:

4.4.2.1. the lot lines;

4.4.2.2. the adjacent public road;

4.4.2.3. the nearest drilled, dug or communal well;

4.4.2.4. the nearest watercourse, pond, drainage ditch, lake, river, stream or water body;

4.4.2.5. the location of the nearest field drainage tile;

4.4.2.6. the location of any area designated or zoned residential, recreational or institutional and located within 610 metres of the proposed structure.

4.4.3. The location and dimensions of any existing buildings or structures on such lot used for the purpose of breeding or caring for livestock, poultry or fur-bearing animals, or the storage of manure;

4.4.4. The location of all existing buildings or structures within a 610 metre radius of the proposed building, structure or use and the separation distances to, and existing use of those buildings and structures;

4.4.5. Type of livestock, poultry, or fur-bearing animals existing and proposed on such lot;

4.4.6. Numbers of livestock, poultry, or fur-bearing animals existing and proposed on such lot;

4.4.7. Type, dimensions, contouring for accidental overspill, and in the case of earthen storage cross-section of any excavation required, including the dike.

4.4.8. Tillable hectares/acres of land owned and rented by the applicant;

4.4.9. Hectares of land made available, by agreement, for manure application;

4.4.10. A statement signed by the owner of the property disclosing the exact use proposed for each aforesaid building and giving all other information necessary to determine if such building, structure or use, conforms to the requirements of this By-law.

4.4.11. A soils and hydrological report prepared by a professional soils consultant shall be required in the case of earthen storages, including certification that the standards set out in Section 8 of this By-law are satisfied.

4.4.12. In addition to the required information prescribed by this By-law, any other information deemed necessary by the Building Inspector, to carry out the duties and responsibilities set out under this By-law, shall be provided by the applicant;

4.5. ISSUANCE OF PERMIT

No permit shall be issued for a livestock facility or livestock manure system which does not conform with the provisions of this by-law.

4.6. EXPIRATION OF PERMIT

A permit issued under this by-law may lapse after 6 months from the date of issuance unless the approved work is being seriously proceeded with.

4.7. FEES

Fees shall be in accordance with Building Permit Fees.

4.8. VIOLATION AND PENALTIES

Every person who uses, erects or alters any livestock facility or livestock manure system in a manner contrary to any requirement of this by-law or who causes or permits such use, erection, or alteration or who violates any provision of this by-law or the Nutrient Management Plan or causes or permits a violation, shall be guilty of an offence and upon conviction thereof shall forfeit and pay a penalty not exceeding two thousand dollars ($2000.00) (exclusive of costs) for each offence, and each day of the occurrence of the offence shall be deemed to be a separate occurrence, or to imprisonment for a term not more than (6) six months for each such offence, and every such penalty shall be recoverable under The Municipal Act, RSO 1990, and The Provincial Offences Act, RSO, 1990.

4.9. VALIDITY

If any section, clause or provision of this by-law, including anything contained in the schedules attached hereto, is for any reason declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the by-law as a whole or any part thereof other than the section, clause or provision so declared to be invalid and it is hereby declared to be the intention that all the remaining sections, clauses or provisions of this by-law shall remain in full force and effect until repealed, notwithstanding that one or more provisions thereof shall have been declared to be invalid.

4.10. REMEDIES

In case any building or structure is to be erected, altered, reconstructed, extended or part thereof is to be used, or any lot is to be used, in contravention of any requirement of this by-law, such contravention may be restrained by action at the instance of any ratepayer or of the Corporation pursuant to the provisions of The Municipal Act, RSO 1990 in that behalf.

4.11. REPEALS

From the coming into force of this by-law, any previous by-law(s) passed under Section 210, Par. 144 of The Municipal Act, R.S.O. 1990, as amended, shall be deemed to be repealed. The repealed by-laws include the following by-laws and amendments thereto: By-law of the former Municipality of Morris-Turnberry.

SECTION 5. INTERPRETATION

5.1. For the purposes of this by-law, words used in the present tense include the future; words in singular number include the plural and words in the plural include the singular number; the word "shall" is mandatory; the word "used" shall include the words "intended to be used" and "designed to be used or occupied".

5.2. For the purposes of this by-law, the word "alter" when used in reference to a building or part thereof, means to change any one or more of the internal or external dimensions of such building or to change the type of construction of the exterior walls or roof thereof. When used in reference to a lot, the word "alter" means to increase or decrease the width, depth or area of any required yard, setback, landscaped open space or parking area, or to change the location of any boundary of such lot with respect to a public highway or laneway, whether such alteration is made by conveyance or alienation or any portion of said lot, or otherwise; the words "altered" and "alteration" shall have the same corresponding meaning.

5.3. Unless the context otherwise requires, the expression "use" or "to use" in this by-law shall include anything done or permitted by the owner or occupant of any land, building or structure, directly or indirectly or by or through any trustee, tenant, servant, or agent, acting with the knowledge or consent of such owner or occupant, for the purpose of making use of the said land, building or structure.

5.4 Where imperial measurements are given in parentheses, such measurements represent approximations of the metric measurement and the metric measurement without parentheses shall constitute the requirements of this by-law.

SECTION 6. GENERAL PROVISIONS
 

6.1. APPLICATION OF OTHER BY-LAWS, REGULATIONS, LEGISLATION

Nothing in this by-law shall operate to relieve any person from the obligation to comply with the requirements of the Ontario Building Code Act, RSO, 1992, the Municipal Zoning By-law or any other by-law of the municipality in force from time to time or the obligation to obtain any other licence, permit, authority or approval lawfully required by a governmental authority having jurisdiction to make such restrictions.

6.2. NON-COMPLYING LIVESTOCK MANURE STORAGES

Where a livestock facility or livestock manure system was lawfully established prior to the date of the passing of this by-law, and is of a type permitted by this by-law, but does not meet the provisions prescribed by this by-law, the said facility may be enlarged, extended, reconstructed, repaired or renovated provided that:

6.2.1. The enlargement, extension, reconstruction, expansion of capacity, repair or renovation does not further reduce the compliance of that facility with the provisions(s) of the by-law to which it does not comply; and

6.2.2. All other applicable provisions of this by-law and the Zoning By-law are complied with.

6.3. NON-CONFORMING LIVESTOCK MANURE STORAGES

Where a livestock facility or livestock manure system was lawfully erected prior to the day of the passing of this By-law and is of a type not permitted by this By-law, the said facility may be reconstructed, repaired or renovated provided that:

6.3.1. The reconstruction, repair or renovation does not involve any alteration of use and the building or structure continues to be used for the same purpose; and

6.3.2. All other applicable provisions of this by-law and the Zoning By-law are complied with.

6.3.3. The provisions of this by-law shall not apply to prevent the erection or use of a livestock manure pit prohibited by the by-law, the plans for which have, prior to the day of the passing of the by-law, been approved by the Chief Building Official, so long as the manure pit when erected is used and continues to be used for the purpose for which it was erected and provided the erection of such facility is commenced within two years after the day of the passing of the by-law and such facility is completed within a reasonable time after the erection thereof is commenced.

6.3.4. Where a livestock facility or livestock manure system has been destroyed to the extent of more than fifty percent (50%) of its value as at the date of damage and which does not conform with the requirements of the by-law, it shall not be restored except in conformity with the requirements of this by-law and the Zoning By-law.

6.4. NUTRIENT MANAGEMENT PLAN

6.4.1. Definition
A regulated livestock operation, for the purpose of this by-law, is defined as including 100 or more livestock units, or 50 or more livestock units on a land base on-site which exceeds 1.5 livestock units per tillable acre.

6.4.2. A nutrient management plan shall be completed prior to the issuance of a building permit:

1. for a new livestock facility or livestock manure system to serve a regulated livestock operation, or

2. for an expanded livestock facility or livestock manure system for any livestock operation, which, after expansion, is or will become a regulated livestock operation.

  1. Consultant in Agriculture and Terms of Reference

The nutrient management plan shall be prepared by a consultant in agriculture, consistent with the Terms of Reference attached as Appendix A.

6.4.4. Renewal
The nutrient management plan shall be renewed and updated not later than 3 years from the date of issuance of the building permit, and not later than every 3 years thereafter. The renewed nutrient management plan may be required to be reviewed by the Municipal consultant subject to all requirements of this bylaw, as amended. The renewal of a nutrient management plan may be exempted from any provision of this by-law which came into effect after the original nutrient management plan was prepared (i.e., the plan may be considered non-complying with respect to any subsequent differences in this by-law, as amended).

Field Lots - See Section II

Municipal Consultants

The municipality may engage its consultants, including, but not limited to, a consultant in agriculture to review the nutrient management plan, in addition to third party review by Ontario Ministry of Agriculture, Food and Rural Affairs (OMAFRA). Plans for manure storages, including under-barn and outside tanks, shall be designed to be leak proof and may be reviewed by the municipality’s engineer.

6.5. SEPARATION DISTANCE

Separation distances for the establishment of a livestock facility and a livestock manure system shall be in accordance with the Minimum Distance Separation II (MDS II) formula implemented through the local zoning by-law.

  6.6. MAINTENANCE

All components of a manure system shall be maintained to a safe standard including all fences. In addition, all abandoned manure tanks shall be drained of liquid and manure.

6.7. LIVESTOCK UNITS

Barn capacity and livestock units shall be determined by the Chief Building Official based on the barn capacity proposed by the applicant or the barn capacity as calculated using floor area per animal data supplied by OMAFRA (Canada Plan Service), whichever is greater.

6.8. LAND BASE

A tillable land base for spreading manure shall be maintained as determined by the nutrient management plan, subject to the following:

6.8.1. the total required land base shall be located within a 15-kilometre (9.3 miles) driving distance of the livestock operation generating the manure; exceptions may be granted where justified in the Nutrient Management Plan (e.g. custom operators, sale of manure, etc.);

6.8.2. not less than 50% of the required land base shall be owned by the owner of the livestock operation, and the remaining required land base may consist of non-owned land made available for the spreading of manure; all owned and non-owned land to be made available for the spreading of manure shall be declared in the Nutrient Management Plan, identified by legal description, and, for non-owned land, supported by a manure agreement attached as Appendix B and lodged with the municipality;

6.8.3. where a Nutrient Management Plan is not required (as determined by section 6.4), the land base shall not be smaller than an area equivalent to 1.5 livestock units per tillable acre and shall comply with sections 6.8.1, 6.8.2, and 6.8.3.

6.9. AGREEMENT

Prior to the issuance of a building permit, the applicant shall enter into an agreement with the municipality to ensure the implementation of the Nutrient Management Plan and all required aspects of this by-law. The agreement is attached as Appendix C.

  6.10. ABANDONED WELLS

All abandoned wells on all lands included in the Nutrient Management Plan shall be identified and decommissioned in accordance with provincial regulations prior to the occupancy of the livestock facility.

SECTION 7. PROVISIONS FOR COVERED CONCRETE MANURE STORAGES

No covered concrete liquid livestock manure pit shall hereafter be constructed or altered except in accordance with the following provisions:

                    7.1. CONSTRUCTION STANDARD

7.1.1. Be designed and constructed in accordance with the provisions of the Ontario Building Code, 1997, with specific reference to CAN/CSA A23.3-M84 "Design of Concrete Structures for Buildings".

7.1.2. Have a cover designed to support loads as specified in the National Farm Building Code, 1995.

7.1.3. Have openings for equipment access designed to prevent the possibility of dropping the cover through the opening, or the cover should be secured with a safety chain. Access covers should weigh not less than 18 kg (40 lb.) and should not float.

7.1.4. Test holes shall be dug to determine the water table. The floor of the manure storage facility shall be a minimum of 1.0 metre (40 inches) above the high ground water table.

Notwithstanding the minimum standards noted above, the base or floor of a concrete manure storage shall:

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be a minimum of 15.24 cm (6 inches) in thickness with reinforcement;

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be of a strength of not less than 32 MPa;

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have a maximum water/cement ratio of .55;

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be a maximum slump of 80 mm +/- 20 mm;

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have an air content of 4% - 7% as specified by the engineer;

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have no water added on site to the concrete mix;

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have the site dewatered prior to pouring any concrete;

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have the concrete poured in such a manner that no vehicles will be allowed onto the prepared base during pouring; and

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have an approved water stop between the floor and wall.

The walls or sides of a concrete manure storage shall comply with section 7.1.5 except for the wall thickness which shall be specified by the engineer.

7.2. Perimeter TILE Monitoring Well, AND FIELD Tile

7.2.1. A perimeter drain shall be required around all buildings with internal liquid manure storage and around external liquid manure storage facilities and shall be shown on the engineered drawings.

7.2.2. The perimeter drain shall be connected to a sump or well to permit ongoing monitoring. The drain and monitoring well shall be designed by the project engineer and approved by the municipality.

7.2.3. All field tiles shall be disconnected where they are found within 15 metres (50 feet) from the barn/tank. Such tiles will be rerouted outside the 15 metre (50 feet) distance from the barn/tank. Appropriate trenching shall be required to verify that all field tiles have been rerouted.

7.3. MINIMIM SEPARATION DISTANCES

In accordance with Section 6.5.

7.4. PROHIBITED AREAS

Covered concrete liquid livestock manure pits shall be prohibited in any flood plain.

7.5. STORAGE CAPACITY

Minimum storage capacity shall be for 365 days based on the manure production quantities as calculated in the nutrient management plan.

7.6. NUTRIENT MANAGEMENT PLAN

In accordance with section 6.4.

7.7. LAND BASE

In accordance with section 6.8.

SECTION 8. PROVISIONS FOR EARTHEN MANURE STORAGES

No earthen liquid livestock manure storage facility shall hereafter be constructed or altered except in accordance with the following provisions:

8.1. SOIL AND WATER TABLE

8.1.1. The underlying and adjacent soil types, including the dike material, shall be capable of providing a hydraulic conductivity not greater than 1 x 10(-7) centimeters per second;

8.1.2. Where soil hydraulic conductivity is greater than allowed under subsection

8.1.1., the installation of a low permeability liner of a thickness determined by the consulting engineer, may be permitted if it provides a hydraulic conductivity not greater than 1 x 10(-7) centimeters per second and is capable of withstanding the necessary stresses of handling, chemical action and physical loading.

8.1.3. The soils between storage bottom and bedrock or other aquifer shall include a minimum thickness of 3 metres (10 feet) of silt or fine sand OR 1 metre (40 inches) of clay;

8.1.4. The high ground water table shall be a minimum of 2 metres (80 inches) below storage bottom in sandy soils, 1 metre (40 inches) in silty soils and no restriction in clay.

8.2. Perimeter Tile, Monitoring WelL AND FIELD TILE

In accordance with Section 7.2.

8.3. MINIMUM SEPARATION DISTANCES

In accordance with Section 6.5.

8.4. PROHIBITED AREAS

Earthen liquid livestock manure storage facilities shall be prohibited in:

8.4.1. any flood plain;

8.4.2. in areas of gravel or shallow fractured bedrock - as stipulated in Section

8.1.3.

8.5. MAXIMUM SIDE SLOPES INCLUDING DIKE - 3:1

8.6. MINIMUM DIKE TOP WIDTH - 5 metres (16.5 feet)

8.7. SURFACE WATER DIVERSION

8.7.1. to exclude surface water away from storage, diversion ditches and/or dikes will be required

8.8. STORAGE CAPACITY

8.8.1. Minimum storage capacity shall be for 365 days based on:

8.8.1.1. The manure production quantities as calculated in the nutrient management plan, plus an increase in volume equal to .6 m (24 inches) over the surface area of the storage inside the top of the dike to account for precipitation and evaporation.

8.8.1.2. Under no circumstances shall the level of the liquid manure come within .5 m (20 inches) of the lowest point of the top of the dike.

8.9. NUTRIENT MANAGEMENT PLAN

In accordance with section 6.4.

8.10. LAND BASE

In accordance with section 6.8.

8.11. SAFETY FENCE

Having a continuous woven wire fence topped with a single strand of barbed wire, with a self supporting gate, constructed of similar materials designed to prevent the access of people and animals. The fence shall be erected on top of the dike and extend to a height of 1.5 metres (5 feet) above the top of the dike.

 

SECTION 9. PROVISIONS FOR OPEN CONCRETE AND OPEN STEEL MANURE STORAGES

No open concrete or open steel liquid livestock manure pit shall hereafter be constructed or altered except in accordance with the following provisions:

                    9.1. CONSTRUCTION STANDARDS

9.1.1. Concrete storages shall be designed and constructed in accordance with the provisions of the Ontario Building Code, 1997 with specific reference to CAN/CSA A23.2 M84 "Design of Concrete Structures for Buildings".

9.1.2. Steel storages shall be designed and constructed in accordance with the provisions of the Ontario Building Code, 1997 with specific reference to CAN/CSA S16.1 M89 "Limit States Design of Steel Structures"

9.1.3. Test holes shall be dug to determine the water table. The floor of the manure storage facility shall be a minimum of 1.0 metre (40 inches) above the high ground water table.

9.1.4. Sections 7.1.5 and 7.1.6 shall apply.

9.2. Perimeter Tile, Monitoring Well AND FIELD TILE

In accordance with Section 7.2.

9.3. MINIMUM SEPARATION DISTANCES

In accordance with Section 6.5.

9.4. PROHIBITED AREAS

Open concrete and open steel liquid livestock manure pits shall be prohibited in any flood plain.

9.5. STORAGE CAPACITY

Minimum storage capacity shall be for 365 days based on the manure production quantities as calculated in the nutrient management plan, plus an allowance of .6m (24 inches) for precipitation and evaporation.

9.6. NUTRIENT MANAGEMENT PLAN

In accordance with section 6.4.

9.7. LAND BASE

In accordance with section 6.8.

                    9.8. SAFETY FENCE

A fence shall be erected on top of the walls of the manure tank and extend to a height of at least 1.5 metres around the perimeter of the manure tank. The fence shall consist of galvanized wire of a size of at least 12 gauge and a mesh of a diameter of not more than 4.4 cm (1.75 inches), or by some other equally suitable enclosure. The safety fence shall be adequately and properly supported with solid minimum 2.5 cm (1 inch) diameter galvanized or epoxy-coated posts which are 1.82 metres (6 feet) in length, 0.3 metres (1 foot) of which are placed in wet concrete when the walls are poured at a distance of not more than 1.82 metres (6 feet) on centre.

SECTION 10. PROVISIONS FOR DRY MANURE STORAGES

No dry manure storage shall hereafter be established, constructed or altered except in accordance with the following provisions:

10.1. MINIMUM SEPARATION DISTANCES

In accordance with Section 6.5.

10.2. NUTRIENT MANAGEMENT PLAN

In accordance with section 6.4.

10.3. LAND BASE

In accordance with section 6.8.

10.4. DAYS OF STORAGE AND RUNOFF CONTROL

Minimum storage capacity shall be designed for 180 days and shall include runoff containment. As an alternative to run off containment, the facility to contain the manure shall be covered. Such facilities shall be of a properly engineered structural design.

10.5. PROHIBITED AREAS

Dry manure storages shall be prohibited in any flood plain.

 

 

 

SECTION 11. PROVISIONS FOR FIELD LOTS

Where no buildings or structures are to be erected (such as for field lots of livestock) and where the operation includes 50 or more livestock units on a land base on-site which exceeds 2.5 livestock units per acre of pasture, such livestock operation shall be considered a regulated livestock operation and shall be subject to all applicable requirements of this by-law including the completion of a nutrient management plan.

 

SECTION 12. EFFECTIVE DATE

This by-law shall become effective upon the date of enactment.

Where any by-law passed prior to this by-law conflicts with this by-law, the terms of this by-law shall prevail.

THIS BY-LAW READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED

THIS 2ND DAY OF JULY, 2002.

 

______________________________
Mayor

_____________________________
 Clerk-Treasurer

 

APPENDIX A

Terms of Reference for a Nutrient Management Plan (NMP)

The following (in italics) is from the Guide to Agricultural Land Use (OMAFRA & MOEE, 1995)

All manure should be applied in accordance with a nutrient management plan. A nutrient management plan is a written plan of action to handle manure in a way that does not harm the environment. A detailed plan should include manure nutrient testing, safe application rates, crop nutrient needs, area required for application, appropriate reductions in commercial fertilizer applications, and emergency actions in case of spills or system failures.

Available cropland that is planted and harvested with crops or improved pasture. It does not include land that is too far away or unsuitable for manure application. The available cropland should be owned or controlled by the livestock operation. An alternative to owning the land is to have an agreement with a neighbour to utilize the manure. When manure is spread on leased or neighbouring farmland, formal written agreements will help ensure that the land is available when needed for spreading. A nutrient management plan is the best way to determine safe application rates.

More specifically, a nutrient management plan shall address the following.

A. On-Site Review

An on-site visit shall be made by a consultant in agriculture or their designate to gather and interpret information about the existing and/or proposed regulated livestock operation which would be relevant to the development of a nutrient management plan (NMP).

B. Contents of a Nutrient Management Plan

The nutrient management plan shall include, but shall not be limited to, the following components:

  1. Identification of conditions on the farm which require immediate attention to minimize present pollution concerns.

  2. Characterization of current and/or expected manure [e.g. nutrient content (N, P, K, Mg); annual volumes (include all waste waters generated)].

  3. A description of existing and/or proposed manure management system (e.g. type; lay-out; capacity; any pollution prevention strategies in place; land application equipment).

  4. Characterization of available cropland including soil sampling at a rate of not less than two (2) probes per acre including: soil nutrient content (N, P, K, Mg) and previous crop nutrient credits; maps identifying soil types and locations of any watercourses and other potentially sensitive areas; soil capacity to absorb expected manure; soil compaction tolerance; topography; crop rotations.

    All soil and manure reports shall be from an accredited Ontario Laboratory. Default numbers shall not be used to replace soil and manure tests.

  5. Characterization of existing and/or proposed manure disposal system(s) which are used as an alternative or in combination with direct application to cropland (e.g. description of the management strategy; nature and status of any third party agreements; back-up plan).

  6. Specify manure application rates for each different soil type / fertility level identified, taking into account nutrient content of manure, crop rotation and reasonable crop yield estimates for the area.

  7. Require the application of manure only on lands that are capable of being worked (e.g., not on frozen or saturated ground) except for special circumstances which must be identified and explained in the NMP in accordance with Best Management Practices.

  8. In the event of unforeseen circumstances, appropriate details and/or changes shall be identified and explained in an addendum to the NMP and filed with the municipality.

  9. Identify all active water wells and identify appropriate measures for groundwater and surface water protection including specifying manure spreading setbacks from wells and watercourses, taking into account topography, vegetation, soil type and any other relevant factor.

  10. Require pre-tillage of land before manure application and require incorporation of manure in the soil within a specified time (e.g., 24 to 72 hours) after application, at all times when cropping practices and crop rotation allow. Exceptions may be made for no-till systems or pastures, etc. with appropriate compensating practices.

  11. A record keeping form (see attached sample in Appendix D) for each property be used by the farmer for recording the date, time, location (e.g., lot, concession and field), acreage, total volume, spreading rate and date of incorporation of each manure application. This form must be kept current.

  12. Specify the type of manure application equipment to be used and how spreading rates will be calibrated, measured and monitored. High-trajectory manure irrigation equipment shall not be used.

  13. Identify and document decommissioning of abandoned wells in accordance with provincial regulations, on all lands identified in the NMP. Identify other potential locations or conditions for groundwater contamination and include appropriate practices.

  14. Include manure agreements for rented / manure-leased land using the attached form.

  15. A summary of the NMP including the location of the livestock facility, number and type of livestock units, type of manure system, lot, concession and acreage of required land base.

  16. Incorporate all appropriate best management practices and identify best practices already being followed and best practices to be added.

  17. Review groundwater sensitivity / vulnerability to contamination and identify measures to protect groundwater. In particularly vulnerable areas, additional review by a consultant in groundwater may be required if recommended by the municipality’s consultants.

  18. A record keeping system to monitor that all aspects of the NMP are being followed, including a monitoring program for watercourses/drainage systems, groundwater, and soil testing. This information is required for ongoing improvements, compliance reporting, and changes upon NMP renewal. Where the field drainage system does not allow for monitoring locations, recommend future locations for catch basins as monitoring locations when drainage improvements are planned.

19. Development of an emergency action plan in the event of a spill or system failure.

20. A list of the applicable law(s) pertaining to manure management.

21. A documentation system to provide evidence of due diligence.

C. Certificate Prepared by a Consultant in Agriculture

The consultant in agriculture who prepared the nutrient management plan shall append the following statement to the report.

I, , hereby certify that based on relevant information that was gathered in good faith and excluding unforeseen or uncontrollable circumstances, the recommendations contained in the attached report will, if implemented, result in acceptable management practices. Acceptable management practices refer to normal farming practices that do not contravene any applicable law.

___________________________
Signature

___________________________
Date

D. Certificate Signed by Farmer Applying for Livestock Facility or Livestock Manure System

The Farmer who is applying for a permit for the livestock facility or livestock manure system and who has authorized a consultant in agriculture to prepare a nutrient management plan shall append the following statement to the report.

 

I, , hereby certify that I have reviewed the Nutrient Management Plan with the consultant in agriculture who prepared it and I shall in good faith follow, implement and comply with the nutrient management plan. Further, I hereby agree to have the Nutrient Management Plan updated and renewed not later than 3 years from the date of issuance of the building permit, and not later than every 3 years thereafter, in compliance with the nutrient management requirements of the municipality at the date of original/subsequent permits and any applicable provincial requirements.

 
____________________
Signature

____________________
Date

E. Third Party Coordinated OMAFRA Review

The Chief Building Official shall submit a copy of the Nutrient management Plan to the Ontario Ministry of Agriculture, Food and Rural Affairs and the comments provided by OMAFRA shall be taken into consideration by the Chief Building Official as part of the review of the building permit application.

____________________
Signature

____________________
Date

APPENDIX B

MANURE APPLICATION AGREEEMENT

 Lot Conc. Twp. County (Regulated Livestock Farm Name) (Regulated Livestock Farm Location)A Nutrient Management Plan is being prepared for our operation. Our goal (Type of Livestock)is to carry out an environmentally sound program. In order to accomplish this, we need more land than we currently own. The proper application of livestock manure, following a Nutrient Management Plan shall be carried out to minimize the impact on the environment.I, , give permission to (Landowner) (Regulated Livestock Farm Owner/Operator)to incorporate my lands in the Nutrient Management Plan and to apply manure on lands owned at the following locations:1. Lot Conc. Township County Tillable Acres Roll # 2. Lot Conc. Township County Tillable Acres Roll # 3. Lot Conc. Township County Tillable Acres Roll # 4. Lot Conc. Township County Tillable Acres Roll # (If additional space is required please attach a separate list including the same information as above.)The landowner gives permission to the regulated livestock farm to do soil sampling on the above-noted property(s) to determine the condition of the soil, as required for the purpose of a Nutrient Management Plan.The landowner will not give permission to use the land identified above for the application of livestock manure or biosolids (sewage sludge) to any other livestock farm or other source during the term of this agreement.The landowner also agrees that any biosolid or livestock manure application to the land identified above must be incorporated into a Nutrient Management Plan.The landowner acknowledges that to the best of his/her knowledge, all abandoned wells on the above noted properties have been decommissioned in accordance with Provincial Regulations.This agreement shall be in force for a minimum period of three (3) years, commencing on and ending on Pollution liability insurance shall be carried by the parties to this agreement to cover spill cleanup and liability.The terms of this agreement shall strictly apply to the present owner of the subject property. Should the property be sold during the period of this agreement, the terms of this agreement shall become null and void.The regulated livestock farm will work in conjunction with the landowner’s cropping plans to maximize nutrient utilization. This agreement shall be filed with the municipality, and the County, where a record of lands subject to such agreements shall be kept. From time to time, the municipality and/or County may prepare a statement outlining the land under agreement for any regulated livestock facility, upon receipt of appropriate requests.IN WITNESS THEREOF the parties have hereunto affixed their hands and seals the day of NAME OF REGULATED LIVESTOCK FARM (Please print) REGULATED LIVESTOCK FARM OWNER/OPERATOR (Please print) NAME OF LAND OWNER (Please print) Consent of Owner to the Use and Disclosure of Personal InformationI, , am the owner of the land that is the subject of this manure application agreement and for the purposes of the Freedom of Information and Privacy Act, I authorize and consent to the use by or the disclosure to any person or public body of any personal information that is collected under authority for the purposes of processing this application. (Date) (Signature of Land Owner)

Appendix C

AGREEMENT

THE AGREEMENT made in duplicate on the day of A.D., 2002

BETWEEN:

(NAME OF OWNER)

hereinafter called the OWNER OF THE FIRST PART

-and-

THE CORPORATION OF THE MUNICIPALITY

hereinafter called the MUNICIPALITY OF THE SECOND PART

WHEREAS the Owner is the registered owner of Part of Lot ( ) , Concession ( ) , Municipality (Municipality), more particularly described in Instrument No. (number);

AND WHEREAS on (date) the Owner has applied for a building permit for the erection of livestock facility or livestock manure system for the above described property;

AND WHEREAS the Municipality on (date) passed By-law No. (number), a by-law to regulate manure pits and manure management in the Municipality;

AND WHEREAS (owner) has agreed to comply with the provisions of the above referred to by-law;

AND WHEREAS the said by-law requires the applicant for a building permit to obtain a nutrient management plan;

AND WHEREAS the Owner has obtained such a nutrient management plan and has supplied the same to the Municipality;

AND WHEREAS Section 6.9 of the said by-law requires the applicant for a building permit to enter into a Agreement with the Municipality;

AND WHEREAS the Owner has agreed to enter into such an Agreement;

NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants herein, the parties hereby agree as follows:

1. The Owner agrees to comply with the provisions of By-law (number) as amended;

2. The Owner agrees to comply with and carry out the recommendations and requirements contained in the nutrient management plan dated _________________, as revised and renewed from time to time in accordance with by-law (number) as amended.

3. The agreements herein contained on the part of the Owner shall run with the land and shall be binding upon the Owner and upon their successor and assigns, as Owners and occupiers of the land from time to time.

IN WITNESS WHEREOF the parties hereto have executed this Agreement and affixed the Corporate Seals.

(owner)

Per:

I have the authority to bind the Corporation THE CORPORATION OF THE Municipality of Morris-Turnberry

Per:

Mayor

Per:

Clerk-Treasurer

Appendix D

SAMPLE MANURE APPLICATION RECORD

 

Farm Name

Municipality

Lot and Conc.

County

Field
Identification

Acres

Previous Crop

Intended
Crop

Date
Applied

Rate
Applied

Acres
Covered
 

Rainfall
Events

Date
Incorp.

                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 

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