HomeMy WebLinkAbout02 029 amen nutrient mgnt sprea
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THE CORPORATION OF THE MUNICIPALITY OF KINC INE
BY-LAW
NO. 2002 - 29
BEING A BY-LAW TO AMEND BY-LAW 2001-106, S AMENDED,
BEING THE BY-LAW TO REGULATE LlVESTOC FACILITIES
AND MANURE MANAGEMENT IN
THE MUNICIPALITY OF KINCARDIN
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WHEREAS the Corporation of the Municipality of Kincardine qn the 29th day of
August 2001 passed By-Law No. 2001-106 to regulate livestock f~cilities and manure
management in the Municipality of Kincardine; ,
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AND WHEREAS the Corporation of the Council of the Municipality of Kincardine now
deems it necessary and in the public interest to amend Section 12.0 Definitions and
Section 5.8 Spreading and Disposal and Section 3.5 Fees and ad~ a new
Appendix '0' to By-Law No. 2001-106; i
NOW THEREFORE the Council for The Corporation of the Mun cipality of Kincardine
ENACTS as follows:
1.
a)
That the definition of Catch Basin Section 2.0 for the urpose of this
by-law will mean a sampling port within (6 meters) (19 feet) of the
discharge of a tile drain system, inaccessible to s rface run off or
other external contamination and suitable for the taking of liquid
samples be added to this by-law as shown on Sch dule "A" to this
by-law.
b)
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That Section 5.8 Spreading and Disposal be deleld and replaced
with the attached Section 5.8 amendments regardi g monitoring of
the field tiles and the application rate of 2000 gal pe acre referred to
in Sections 5.8.6, 5.8.7, 5.8.7.1, 5.8.7.2, 5.8.8 and .8.10. as shown
on Schedule 'A' to this by-law. I
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That Appendix '0' Tariff of Fees and Deposits in the¡mounts of
$1,500.00 (5 to 150 animal units) and $5,000.00 (ov r 150 animal
units) be added to By-law No. 2001-106 to accomm ate the deposit
and agreement as shown on Schedule 'B' to this by-I w.
That Section 3.5 be revised to read "Fees shall be int· ccordance with
the Consolidated Fee By-Law of The Corporation of he Municipality
of Kincardine and Appendix '0' attached to this by-Ia .
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c)
d)
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Nutrient Management Amendment March 2002 By-Law
By-Law No. 2002 - 29
Page 2 of2
2. This by-law shall come into full force and effect upon its fina~ passing.
3. This by-law may be cited as the "Nutrient Management Ambndment March 2002
By-Law". !
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READ a FIRST, SECOND, and THIRD time and DEEMED TO BE PASSED
this 13th day of March, 2002.
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SCHEDULE 'A'
Nutrient Management Amendment, By-Law
By-Law No. 2002 - 29
Page 1 of 2
SECTION 2.0 - DEFINITIONS
Catch basin for the purpose of this by-law will mean a sampling port within 6
meters (19 feet) of the discharge of a tile drain system, inaccessible to surface
run off or other external contamination and suitable for the taking of liquid
samples
SECTION 5.0 - GENERAL PROVISIONS
5.8 Spreading and Disposal
5.8.1 All lands to be used for spreading of manure are to be within a ten km radius of
the site where the manure originated. The measurement will be taken from the
centre of the manure storage facility described in the nutrient management
plan. All tillable acres of any parcel of land contained in whole or in part within
the ten km radius may be used for spreading purposes.
5.8.2 All lands to be used for spreading of manure shall be included in the Nutrient
Management Plan.
5.8.3 All liquid manure applied within 125 meters or 410 feet of any built up area, or
building used for a residence, institution, commercial purposes, industrial
purposes, or recreational facility, must be incorporated into the soil within 24
hours.
5.8.4 All haulage routes for the spreading of manure off-site shall be provided and
adhered to. Weight restrictions for roads under the jurisdiction of the
Municipality of Kincardine shall apply.
5.8.5 Spreading of manure on frozen or snow-covered ground will not be permitted.
5.8.6 All non-tiled land or tiled land without catch basins used for the application of
liquid manure shall be restricted to a maximum of 2000 gallons per acre per
application. Applications must be at least twenty-four hours apart. Total
manure applied may not exceed that approved in the Nutrient Management
Plan.
5.8.7 All tiled land with catch basins used for the application of liquid manure shall be
allowed to spread at the level approved in their Nutrient Management Plan
provided the following items are adhered to.
5.8.7.1 The applicant of the Nutrient Management Plan is responsible to inspect and
record condition of individual tile lines within 48 hours prior to application.
Record the weather forecast and source (the forecast should predict less than a
50% chance of a % inch of rain within 48 hours of application completion time).
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SCHEDULE 'A'
Nutrient Management Amendment, By-Law
By-Law No. 2002 - 29
Page 2 of 2
SECTION 5.0 - GENERAL PROVISIONS
5.8 Spreading and Disposal (Cont'd)
5.8.7.2 Initial water samples will consist of a 500 ml sample of water from each monitor
catch basin in the applied field and will be checked for manure odour and
colour and stored for 14 days. All other samples will be taken according to the
following schedule but not stored unless a change in colour or odour is noticed.
A. One hour prior to application
B. Thirty minutes and 1 hour following the application of less than 20 acres
and once each hour thereafter during application.
C. One sample drawn 8 to 12 hours following application and one sample
after 36 hours after completion of application.
D. One sample drawn within eight hours of a % inch rainfall within one week
of completion of application or one week delay.
E. Last sample taken will be labeled and stored for 14 days.
5.8.8 If, at any time, during monitoring of tile water the water appears to be
contaminated with liquid manure, the applicant shall implement the following
measures.
A. Stop the manure application.
B. Prevent contaminated water from entering surface water (to show in
contingency plan).
C. Notify the spills action centre and forward a report of the application
events records to the Spills Action Centre 1-800-268-6060.
D. Perform corrective measures and adjust application technique and wait for
the monitor catch basin's observations to match the sample taken in
Schedule 5.8.7.2. before application resumes in the field.
5.8.9 Emergency exemptions for spreading are permitted by this by-law under
approval of the Agricultural Advisory Committee.
5.8.10 Three years of completed and signed spreading and disposal records to be
submitted with Nutrient Management Plan at review.
NOTE:
It may be advisable, but not required, to have catch basins on tiles entering
fields from property owned by others.
SCHEDULE 'B'
NUTRIENT MANAGEMENT BY-LAW
BY-LAW NO. 2001 - 106
APPENDIX'D'
As Amended by By-Law No. 2002 - 29
TARIFF OF FEES & DEPOSITS
DEPOSITS
1 APPLICATION FOR NUTRIENT MANAGEMENT PLAN REVIEW-
If an application for a building permit requires a nutrient management plan to be
reviewed as described in section 5.4 of By-law 2001-106 or review of a renewal
Nutrient Management Plan as described in Appendix 'A' Section 4 By-Law No.
2001-106, a deposit will be required and an agreement signed. All plans for
facilities housing animal units shall require a deposit as indicated in the
consolidated fee by-law for the Municipality of Kincardine. Additional deposits of
$ 1.500.00 or $5.000 increments may be required if costs exceed 50% of the
initial deposit. Deposits can be made by way of cash or cheque. Any unused
portion of said deposits shall be refunded to the applicant after all municipal
expenses have been paid.
2 DISBURSEMENTS FROM ITEM 1 SHALL BE CALCULATED AS FOLLOWS:
A Fee payable for services provided by municipal employees and
committees such as but not limited to Agricultural
Advisory Committee Members or Nutrient Management Peer
Review Committee Members.
At municipal cost plus travel expenses.
B Fee payable for services provided by the Municipalities Planning
Consultants with respect to an application.
At municipal cost plus travel expenses.
C Fee payable for services provided by the Municipality's solicitor.
At municipal cost plus travel expenses.
D Fee payable for services provided by the Municipality's consulting
engineers.
At municipal cost plus travel expenses.
E Charge for comments, review and attendance at meetings, where
required, by the Chief Building Official.
At municipal cost plus travel expenses.
F Special Meetings of Council at Municipal Cost.
G Charge for photocopying.
As per consolidated fee by-law
H Charge for postage.
At cost
Charge for publication in newspapers having local circulation.
At cost
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SCHEDULE 'B'
NUTRIENT MANAGEMENT BY-LAW
BY-LAW NO. 2001 - 106
APPENDIX'D'
Page 2 of 2
As Amended by By-Law No. 2002 - 29
TARIFF OF FEES & DEPOSITS
DEPOSITS
DEPOSIT AGREEMENT
Where an application for a building permit requires a nutrient management plan to be
reviewed or the review of a renewal Nutrient Management Plan is required, the
undersigned applicant hereby agrees with the Corporation of the Municipality of
Kincardine that he/she shall pay the required deposit to the Municipal of Kincardine in
the amount of : Dollars ($ .00) to be attached to the
application to assure the municipality that all applicable fees and costs shall be paid
promptly.
The undersigned applicant(s) acknowledges and agrees that:
1 The deposit monies shall be deposited with the municipality.
2 The Municipality will calculate and refund any unused monies within 90 days
after the issuance of the building permit or approval of the renewal, without
interest.
3 the municipality may disburse funds from time to time from the deposit referred to
herein, in order to pay the applicable fees incurred by the municipality on behalf
of the applicant. The Municipality at any time may send an itemized invoice
advising of any disbursements paid from the deposit and requesting
replenishment of the deposit to its original amount. If at any time the deposit
monies are reduced to less than fifty (50%) percent of the required amount as
detailed herein or in the event that the applicant fails to pay any itemized invoice
within thirty (30) days as required by this clause, the municipality shall cease any
further processing of the application until such time as the originally required
deposit has been replenished.
DATED this
day of
,20_.
Name of Applicant(s)
THE CORPORATION OF THE
MUNICIPALITY OF KINCARDINE
Signature of Applicant(s)
Signature of
Deputy Clerk/Deputy CAO