HomeMy WebLinkAboutTWP 98 024 Reg Manure Pits/Live
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THE TOWNSHIP OF KINCARDINE
BY-LAW 9s-C?1f
A BY-LAW TO REGULATE MANURE PITS AND LIVESTOCK
FACILITIES IN THE TOWNSHIP OF KINCARDINE.
WHEREAS the Council of the Corporation of the Township of
Kincardine deems it necessary in the public interest to regulate
Manure Pits and Livestock Facilities.
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 stables, garages, barns, outhouses and manure
pits in a local municipality;
NOW THEREFORE, THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF
KINCARDINE ENACTS AS FOLLOWS:
SE;CTION 1.
TITLE
This By-Law may be cited as the 'Manure Storage and Livestock
Facilities By-Law' .
SECTION 2.
SCOPE
This By-Law shall apply to all lands within the limits of the
Corporation of the Township of Kincardine.
SECTION 3.
DEFINITIONS
For the purpose of this By-Law the definitions and interpretation
given in this section shall govern:
3.1 Agricultural Consultant means a person with accreditation
in the assessment of soils, manure and nutrient
management.
3.2
A9ricultural 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.
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Township of Kincardine Manure Storage By-Law
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 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 Aqµifer means a geological formation containing a
subterranean reservoir of groundwater capable of providing
economic quantities of water to a well.
3.5 Buildino 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
Buildino Bv-Law means any building by-law within the
meaning of the Ontario Building Code Act, 1992, as amended
from time to time.
3.7 Buildino Insgector means the Chief Building Official or
other employees of the Township 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 Township from time to time in force
regulating the erection, alteration or repair of buildings
and structures, including the enforcement of the Manure
Storage, and Livestock Facilities By-Law.
3.8 Code. National Farm Buildino (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 Buildino 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
COrDoration means the Corporation of the Township of
Kincardine.
3.11
Council means the Council of the Corporation of Township
of Kincardine.
3.12
~ is an earthen embankment or dam surrounding the
manure pit and normally composed of material excavated
during the construction of the manure pit.
3.13
Drain. Buried means any sub-surface conduit for receiving
and/or conveying water.
3.14
Drain. Qpen means a conveyance for water which is bounded
by visible bed and banks. It may be man made or natural.
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3.15
3.16
3.17
3.18
3.19
3.20
3.21
3.22
3.23
3.24
3.25
3.26
Township of Kincardine Manure Storage By-Law
Dwellino means a building, or part thereof, occupied or
capable of being occupied as a home, residence or sleeping
place by one or more persons.
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.
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.
Existing means lawfully in existence, being an actuality
as of the date of the final passing of this By-Law.
Flood Plain is the area of a river valley flooded as the
result of a regional storm.
Frontaae means the width of a lot measured along the
street line.
Grade Finished means the average elevation of the finished
surface of the ground at ground level of a building or
structure.
Grassed spillwav shall mean a shallow, seeded channel way
to divert flow away from any watercourse.
Guide to Aaricultural Land Use - A set of guidelines used
to assist farmers in reducing the potential of their
livestock operation to pollute air, soil and water, and to
provide guidelines for the rational use of land in
relation to the livestock industry.
Livestock means chickens, turkeys, cattle, hogs, horses,
mink, rabbits, sheep, goats fur bearing animals, or any
other domestic animal used for consumption.
Livestock Facilitv means livestock barns where animals or
poultry are housed, including beef feed-lots, and the
associated manure storage.
Livestock Unit:
Equivalent values for various types of animals and poultry
based on manure production and production cycles
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Township of Kincardine Manure Storage By-Law
BEEF
.
CHICKEN
DAIRY
DUCK
EMU
FOX
GOAT
HORSE
. MINK
OSTRICH
RABBIT
SHEEP
SWINE
TURKEY
VEAL
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Notes:
3.27
3.28
3.29
Animals per
Livestock
Unit
I Beef Cow I
J Beef Cow
2 Beef Feeden
2 Beef Feeden
125 Caged Layers
125 Caged Layers
]25 Chicken Breeder Layers
200 Chicken BroilerlRoasters
500 Pullets (replacement layers)
1 Milking Cow 1,2
I Milking Cow
2 Daily Heifers
2 Dairy Heifers
100 Ducks
5 Emu
40 Adult Fox 4
4 Adult Goats 3
10 Feeder Goats (>20 kg)
1 Horse 3
80 Mink 4
3 Oatrich
40 Adult Rabbits 4
4 Adult Sheep 3
10 Feeder lambs (>20 kg)
5 Sows/Boars
4 Feeder Hogs (30-120 kg)
20 Weaners (4-30 kg)
50 Meat Turlœys (>10 kg)
75 Meat Turlœy (5-10 kg)
75 Turkey Breeder Layers
100 Meat Thrkeya (<S kg)
500 Pullets (replacement
breeders)
6 White Veal
3 Red Veal (<300 kg)
(bsm confinement)
(bsm with yard)
(barn confinement)
(barn with yard)
FactoruA"
(Odour
Potency)
0.7
0.8
0.7
0.8
1.0
0.8
0,8
0,65
0.7
0.65
0.7
0.7
0.8
0.7
0.7
1.0
(manure stored in barn)
(daily manure removal)
(tie-stall)
(free-stall)
(bsm confinement)
(bsm with yard)
0.7
0.7
0.65
1.0
0.7
0.8
0.7
0.7
1.0
1.0
1.0
0.7
0.7
0.8
0.7
0.7
1.0
0.8
For all other animals/poultry use 1 livestock unit per 450 kg housed
at one time (A=0.8)
Includes calf to 150 kg
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
Includes offspring until weaned
Includes offspring to market size
Multiply number of sows by 2.4 to determine the number of weaners
1 -
2 -
3
4
5 -
LQt 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.
Lot Line means any boundary of a lot or the vertical
projection thereof.
Manure. Livestock
Principally composed of livestock feces and urine, may
include some bedding material and some dilution water.
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3.30
3.31
3.32
3.33
3.34
3.35
3.36
3.37
3.38
3.39
3.40
3.41
3.42
3.43
3.44
3.45
3.46
3.47
Township of Kincardine Manure Storage By-Law
Manure. Liqµid Livestock
Livestock manure which has a dry matter content, not
exceeding 12% by weight.
Manure Pit for the purpose of this By-Law a manure pit
shall mean an earthen, steel, or concrete storage facility
used for the storage of liquid or dry manure.
Manure Pit. Covered is a manure pit with a roof or
covering enclosing the surface area of the pit.
Municipal Drain shall mean a drainage works as defined by
The Drainage Act, R.S.O. 1990 as amended from time to
time.
MuniciDality shall mean the Corporation of the Township of
Kincardine.
Non-Comnlying means a livestock manure storage facility
permitted by the by-law which does not meet the provisions
required in the By-Law.
Non-Conforming means a lawfully existing livestock manure
storage facility not permitted by this By-Law.
Nutrient - manure, commercial fertilizer, biosolids,
leguminous and plow down crops
Nutrient Manaaement Plan - A report that evaluates the
relationship between the application of nutrients (manure) ,
management techniques, and land use (see Appendix A for
further details).
Peer Review Committee shall be a pool of 6 or more
interested members from different commodity groups. Three
chosen members would constitute an investigational unit.
Permitted shall mean permitted by this By-Law.
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.
Renovation means the repair and restoration of a livestock
manure storage facility to good condition within existing
external walls and dikes but shall not include its
replacement.
Road Allowance shall mean a municipally owned property
used as a roadway or retained as a road right-of-way.
Site Plan shall mean a scaled drawing showing the
relationship between a 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.
Tillable Hectares total area of land including pasture
that can be cultivated.
TownshiD means the Corporation of the Township of
Kincardine or land included within the Township of
Kincardine as appropriate.
~ 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.
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Township of Kincardine Manure Storage By-Law
3.48
Watercourse shall mean a natural or manmade channel which
carries water and includes streams, rivers, open drains
and lakes.
3.49
~ 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.
SECTION 4.
APPLICATION, ADMINISTRATION AND ENFORCEMENT
4.1 APPLICATION
No person shall erect, a livestock or manure storage
facility within the limits of the Township of Kincardine
except in conformity with the provisions of this by-law
and with the Township 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 Township of
Kincardine.
4.3
INSPECTION
Any employee of the Township 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
part.
4.4
APPLICATION FOR PERMIT
No person shall erect, alter or use any livestock or
manure storage facility or part thereof within the limits
of the Corporation of the Township of Kincardine, unless a
permit has been issued, by the 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 manure storage facility 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
manure storage facility 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 shall be in accordance
with the provincial and Municipal
Minimum distance Separation II (MDS II)
Formula.
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Township of Kincardine Manure Storage By-Law
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;
The location of all existing buildings or
structures the proposed building, structure or
use, and the separation distances and existing use
of those buildings and structures, shall be in
accordance with the MDS II Formula;
Type of livestock, poultry, or fur-bearing animals
existing and proposed on such lot;
Numbers of livestock, poultry, or fur-bearing
animals existing and proposed on such lot;
Type, dimensions, contouring for accidental
overspill, and in the case of earthen storage
cross-section of any excavation required,
including the dike.
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.
A soils and hydrological report prepared by a
professional soils consultant shall be required in
the case of earthen storage, including
certification that the standards set out in
Section 8 of this By-Law are satisfied.
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;
4.4.4
4.4.5
4.4.6
4.4.7
4.4.8
4.4.9
4.4.10
4.5 ISSUANCE OF PERMIT
No permit shall be issued for a livestock or manure
storage facility 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 shall be in accordance with Building Permit Fees.
4.8
VIOLATION AND PENALTIES
Every person who uses, erects or alters any Manure Storage
or Livestock Facilities 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 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 ($2,000.00) (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, R.S.O. 1990, and The Provincial Offences
Act R.S.O., 1990.
409
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 sha¡l have been declared to be invalid.
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Township of Kincardine Manure Storage By-Law
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, R.S.O. 1990 in that behalf.
4.l1
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.
SECTION 5.
INTERPRETATION
5.1 For the purposes of this by-law, the definitions and
interpretations given herein shall govern.
5.1.1
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'.
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.
5.1.2
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, R.S.O, 1992, the Township
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 PITS
Where a manure pit 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 increase the non-compliance of that
facility with the provision(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.
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6.3
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Township of Kincardine Manure Storage By-Law
NON-CONFORMING LIVESTOCK MANURE PITS
Where a manure pit facility 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 By-Law Enforcement
Officer, 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 six months 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 manure pit has been destroyed to
the extent of more than 50 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 SEPARATION DISTANCE
Separation distances for the establishment of livestock or
manure storage facilities will comply with Provincial
Minimum Distance Separation II (MDS II) formula.
6 . 5 MAINTENANCE
All components of a manure system shall be maintained to a
safe standard including all fences.
6.6 NUTRIENT MANAGEMENT PLAN
Refer to Appendix 'A' forming part of this By-Law.
SECTION 7. PROVISIONS FOR COVERED CONCRETE OR STEEL
MANURE PITS
No covered concrete or steel liquid livestocþ manure pit shall
hereafter be constructed or altered except in accordance with the
following provisions;
,
7.1 CONSTRUCTION STANDARD
7.1.1 All liquid manure storage tanks will be covered
with an approved material and approved by the CBO.
7,2 MINIMUM SEPARATION DISTANCES
Covered concrete or steel liquid livestock manure pits
shall be located in accordance with the provincial Minimum
Distance Separation II (MDS II) formula.
7.3 PROHIBITED AREAS
Covered concrete or steel liquid livestock manure pits
shall be prohibited in any flood plain.
7.4 STORAGE CAPACITY
7.4.1 Minimum storage capacity shall be for 240 days.
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Township of Kincardine Manure Storage By-Law
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SECTION 8.
PROVISIONS FOR DRY MANURE STORAGE
No dry manure storage facility shall be constructed or altered
except in accordance with the following provisions.
8.1
CONSTRUCTION STANDARDS
8.1.1 Manure pad shall be constructed with an
impermeable material.
8.1.2 Yard and/or building runoff in the vicinity of the
dry manure storage shall be contained.
8.2 MINIMUM SEPARATION DISTANCES
8.2.1 Dry manure storage facilities shall be located in
accordance with the provincial MDS II formula.
8.3 PROHIBITED AREAS
8.3.1 Dry manure storage facilities shall be prohibited
in any flood plain.
8.4 STORAGE CAPACITY
8.4.1 Minimum storage capacity shall be for 240 days.
SECTION 9.
PROVISIONS FOR EARTHEN MANURE STORAGE
No earthen liquid livestock manure storage facility shall
hereafter be constructed or altered except in accordance with the
following provisions;
9.1
SOIL AND WATER TABLE
9.1.1 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;
9.1.2 Where soil hydraulic conductivity is greater than
allowed under subsection 8.1.1, the installation
of a low permeability liner 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.
9.1.3 The soils between storage bottom and bedrock or
other aquifer shall include a minimum thickness of
3 metres of silt or fine sand OR 1 meter of clay.
9.1.4 The normal water table shall be a minimum of 2
metres below storage bottom in sandy soils, 1
metre in silty soils and no restriction in clay.
9.2
MINIMUM SEPARATION DISTANCES
Earthen liquid livestock manure pits shall be located in
accordance with the provincial Minimum Distance Separation
II (MDS II) formula.
9.3 PROHIBITED AREAS
Earthen liquid livestock manure storage facilities shall
be prohibited in;
9.3.1 any flood plain
9.3.2 in areas of gravel or shallow fractured bedrock -
as stipulated in Section 9.1.3
9.4
MAXIMUM
9.4.1
9.4.2
SIDE SLOPES INCLUDING DIKE
sandy loams - 3:1
stable clays, clay loams and silt loams - 2:1
9.5
MINIMUM
9.5.1
9.5.2
DIKE TOP WIDTH
for stable soils - 5
for unstable soils -
m
10 m
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Township of Kincardine Manure Storage By-Law
9.6 SURFACE WATER DIVERSION
9.6.1 to exclude surface water away from storage,
diversion ditches and/or dikes will be required.
9.7
STORAGE CAPACITY
9.7.1 Minimum storage capacity shall be for 240 days
based on:
9.7.1.1 The manure production quantities shown
in Table 2, plus an increase in volume
equal to .6 m over the surface area of
the storage inside the top of the dike
to account for precipitation and
evaporation.
9.7.1.2 Under no circumstances shall the level
of the liquid manure come within .5 m of
the lowest point of the top of the dike.
9 . 8 FENCING
Continuous fencing of plywood or metal panelling extending
to a height of at least 1.5 metres (5 feet) above the
surrounding grade level as deemed acceptable by the Chief
Building Official.
10.
This By-Law takes effect from the date of final passage by
Council and comes into force and effect pursuant to the
provisions of the Municipal Act, R.S.O.,1990 as amended.
11. This By-Law to be cited as the 'Manure Pits and Livestock
Facilities By-Law'.
BY-Ia~98-~ intro~d e9Land;read a First and Second time, this
?IT.... day of _~~ L~V 1998.
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GORDON JARRELL
~~;:e~y~~~: reÎ~i T~~~d o~nd F~)A~~ Si:,n~~9~~aled and Finally
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GORDON JARRELL
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APPENDIX A
Forming part of By-Law 98- covering Application, Administration,
Enforcement and Frequency of Renewal.
1.
Application
A Nutrient Management plan shall be completed by any
person applying for a Building Permit to Construct or
Enlarge any livestock manure storage facility.
2 .
To apply Dry/Liquid manure:
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(a) Under 50 Animal Units, a Nutrient Management. Plan is
voluntary.
(b) 50 to 150 Animal Units a Self-Directed Nutrient
Management Plan is recommended.
(c) 150 + Animal Units, a Third party Verified Nutrient
Management Plan is required 0
(d) Animal density of one (1) Animal Unit per Acre
requires a Third Party Verified Nutrient Plan,
3 .
A Self-Directed Nutrient Management Plan shall include the
following:
i) Provide Tap Water Sample prior to construction
ii) Identify previous years' Nutrients
iii) Record of how and when applied
iv) Identify Environmental risks, i.e., open
creek/ditch; Municipal Drain/Drains
v) Identify non-owned land available for spreading, if
applicable
vi) Statement of Certification: I, certify that I have
spread the forementioned Nutrients on the specified
fields.
Signed
EXAMPLE OF SELF-DIRECTED
NUTRIENT MANAGEMENT PLAN
1. Diagram A - a drawing of your farm or area on which to
apply nutrient and the crop to be grown.
40 Beef Feeders
120 Sheep
15 ac mixed grain
6T/ac
Dry Manure
= 70 AU's
15 ac hay
6T/ac
Dry Manure
30 ac hay
150 Ib/ac 0-14-42
30 ac corn
250 Ib/ac 19-19-19
100 Ib/ac 46-0-0
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APPENDIX A - Continued (Forming part of By-Law 98-
covering Application, Administration, Enforcement and Frequency of
Renewal. )
4. A Third ?artv Verified Nutrient Management Plan shall
include the following components:
i) Soil testing for available nutrients using
provincially accredited laboratories
ii) Manure testing for available nutrients, using
provincially accredited laboratories
iii) Identification of residual nitrogen sources, based
on previous agronomic practices
iv) Relation of added nutrients to soil test results and
nutrient requirements of crops being produced
v) Assessment of application methods and timing to
optimally apply nutrients
vi) Calibrating manure and fertilizer spreaders to
ensure application rate and placement is accurate
vii) Identification of environmental risks associated
with managing agricultural nutrients
viii) Proper containment of agricultural nutrients while
being stored.
ix) Contingency plans for use in the event of an
unintended spill
x) Manure spreading etiquette that will minimize
complaints relating to nutrient management
practices.
xi) Hectares of arable land made available, by legal
agreement, for manure disposal along with two copies
of such agreement.
xii) Provide water sample prior to construction and upon
re-submission of Nutrient Management Plan.
xiii) Certificate to Accompany Nutrient Management
Plan
Certificate Prepared by a Third Party, Reviewer or
Farmer.
I, , hereby certify that
based on relevant information provided 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.
5.
Enforcement
5.1 Investigation of a person's Nutrient Management
Plan shall occur when a written complaint,
accompanied by a $25.00 cheque (returned if the
complaint has merit, cashed if the complaint is
a nuisance variety) is presented to the Clerk's
office. An initial response will be carried out
by the peer review committee. If no positive
results occur, the matter would be referred to
the By-Law Enforcement Officer, Municipal Council
or the appropriate provincial ministry
(MOEE/MNR) .
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APPENDIX A -
Application,
Renewal. )
Continued (Forming part of By-Law 98- covering
Administration, Enforcement and Frequency of
5.2
Every person who violates the Nutrient Management Plan
requirements as set out herein by not preparing, or not
complying with a prepared Plan, and upon conviction
thereof shall forfeit and pay a penalty not exceeding
two thousand dollars ($2,000.00) (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 offence, and every such penalty shall be
recoverable under The Municipal Act, R.S.O. 1990, and
The Provincial Offences Act R.S.O. 1990.
6. Freauency
6.1 Nutrient Management Plans will be renewed every
three years under normal, continuous management,
If there is a change in management, the Nutrient
Management Plan will need to be renewed within one
year.