HomeMy WebLinkAboutBRU 98 051 livestock facilities
'!'HE CORPORATIOM OF "rHE TOWMSHIP OF BRUCE
BY-LAN MO. 98-51
A BY-LAN TO REGULATE LIVESTOCK FACILITIES AMD MANURE PITS 1M "rHE
'l'OWIfSBIP OF BRUCE.
WHEREAS the Council of The Corporation of the Township of Bruce
deems it necessary in the public interest to regulate manure pits
and livestock facilities;
AMD WHEREAS, pursuant to Section 210, Paragraph 144, of The
Municipal Act, R.S.O., 1990, as amended from time to time, by-laws
may be enacted by local municipal Councils to regulate the
location, erection and use of manure pits in a local municipality;
NOW THEREFORE, the Council of The Corporation of the Township of
Bruce enacts as follows:
SECTIOM 1 - TITLE:
This by-law may be cited as the "Livestock Facility and Manure Pit
By-law".
SECTIOM 2 - SCOPE:
This by-law shall apply to livestock operations deemed to be
intensi ve, as defined in sections 3.2 and 6.4 of this by-law,
within the limits of The Corporation of the Township of Bruce.
SECTIOM 3 - DEFINITIOnS:
For the purpose of this by-law the definitions and interpretation
given in this section shall govern:
3.1 Aoricultural 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 produce on the premises, the breeding and care of livestock,
poul try, fur-bearing animals and bees, and the sell ing of such
stock or the product of such stock raised on the premises, and the
management of forests, 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 Aoricultural Use, Intensive means the raising of livestock and
includes a farm dwelling, land base and accessory buildings and
uses. An intensive livestock operation, for the purpose of this
section is defined as exceeding 1.5 livestock units per acre and/or
150 livestock units.
THE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 98-51
PAGE 2
3.3 Al ter when used in reference to a building or part
thereof, means to change anyone or more of the external
dimensions of such building. When used in reference to
a lot, the word "alter" means to decrease the width,
depth, or area of any required yards, setback, landscaped
open space or parking area, or to change the location of
any boundary of such lot with respect to a street or
land, whether such alteration is made by conveyance or
alienation of any portion of the said lot, or otherwise.
The words "altered" and "alteration" shall have a
corresponding meaning.
3.4
Aquifer means a geological formation
subterranean reservoir of groundwater
providing economic quantities of water to
containing
capable
a well.
a
of
3.5
BuildinG means a structure having a roof,
columns or walls and used for the
accommodation of persons, animals, goods or
supported
shelter
chattels .
by
or
3.5.1.
TømnorarY Buildinq shall mean a building or structure
intended for removal or demolition within a prescribed
time not exceeding two years as set out in a building
permit.
3.6 BuildinG By-law means any building by-law within the
meaning of the Ontario Building Code Act, 1992, and
amended from time to time.
3.7 BuildinG InsDector 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 or alteration of
buildings and structures.
3.8 Code. national Farm BuildinG (1995) is a guide for the
design, construction, remodelling 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.
THE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 98-51
PAGE 3
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 fai I ure and fire and heal th
hazards.
3.10 CorDoration means The Corporation of the Township of
Bruce.
3.11 Council means the Counci I of The Corporation of the
Township of Bruce.
3.12 Dike is an earthen embankment or dam surrounding the
manure pit and normally composed of material excavated
during the construction of the manure pit.
3.13 Drain. Buried means any sub-surface conduit for receiving
and or conveying water.
3.14
Drain. ODen means a conveyance for water which is bounded
by visible bed and banks. It may be man-made or natural.
3.15
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.
3.16
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.
3.17
Erect when used in this by-law includes building,
construction, reconstruction and relocation; and without
limiting the generality of the work, also includes:
a)
any preliminary physical operation,
excavating, filling or draining at a
bUilding site;
such as
proposed
b) altering any existing building or structure by an
addition, enlargement or extension;
c) any work for the doing of which a building permit
is required under the Ontario Building Code.
"Erected" and "Erection" shall have a corresponding
meaning.
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BY-LAW NO. 98-51
PAGE 4
3.18 ExistinG unless otherwise indicated, means existing on
the date of passing of this by-law.
3.19 Flood plain is the area of a river valley flooded as the
resul t or a regional storm determined by consul tation
with the Saugeen Valley Conservation Authority.
3.20 FrontaGe means the width of a lot measured along the
street line.
3.21
3.22
3.23
3 . 23.1.
3.24
Grade. Finished means the average elevation of the
finished surface of the ground at ground level of a
building or structure.
Grassed SDillway shall mean a shallow, seeded channelway
constructed to provide an additional length of flow
between the manure storage and a nearby watercourse.
Livestock means fur bearing animals, or any other
domestic animal used for consumption. Also, any animal
listed in Appendix B of this by-law.
Livestock Facility means livestock barns where animals or
poultry are housed, including beef feedlots, and the
associated manure storage.
Livestock Unit
Equivalent values for various types of animals and
poultry based on manure production and production cycles
as amended from time to time. (Refer to Appendix B).
3.25 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.
-.
3.26
Lot Line means any boundary of a lot or the vertical
projection thereof.
3.27 Manure. Livestock principally composed of livestock feces
and urine, may include some bedding material and some
dil uted water.
3.28 Manure. Liauid Livestock, livestock manure which has a
dry matter content, not exceeding 12' by weight.
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PAGE 5
3.29
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 manure.
3.30 Manure Pit. Covered is a manure pi t wi th a roof or
covering enclosing the surface area of the pit.
3.31 Manure Pit, ODen is a manure pit open to the atmosphere
with no roof or covering.
3.32 MuniciDal Drain shall mean a drainage works as defined by
The Drainage Act, R.S.O. 1990, as amended from time to
time.
3.33 MuniciDality shall mean The Corporation of the Township
of Bruce.
3.34 Ron-ComDlyino means a livestock facility and/or manure
pit permitted by this by-law which does not meet the
provisions required in this by-law.
3.35
Ron-ConforminG
facility and/or
means a lawfully existing livestock
manure pit not permitted by the by-law.
3'.36 Mutrient Manaoement Plan, a report that evaluates the
relationship between the application of nutrients,
management techniques, and land use (see Appendix A for
further details). May be personally prepared.
3.37 Permitted shall mean permitted by this by-law.
3.38 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.
3.39
Renovation means the repair and restoration of a
livestock facility and/or manure pit to good condition
within existing external walls and dikes but shall not
include its replacement.
-.
3.40 Road Allowance shall mean a municipality owned property
used as a roadway or retained as a road right-of-way.
THE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 98-51
PAGE 6
3.41
Si te PI an shall mean a scal ed drawing showing the
relationship between a livestock facility and/or manure
pi t and neighbouring land uses incI uding areas designated
or zoned in a non-agricultural category; non-conforming
uses; neighbour's residences; middle-of-the-road
allowances and lot lines.
3.42 Tillable Acres means total area of land including pasture
that can be cultivated.
3.43
TOWDShiD
or land
means The Corporation of the Township of Bruce
included within the Township of Bruce as
appropriate.
3.44 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.
3.45
3.46
.
SECTIOR 4
4.1
Unless the context otherwise requires, the expression
"use" or "to use" in this by-law shall include anything
done or permitted by the tenant or occupant of any land,
building or structure, directly or indirectly or by or
through any trustee, tenant, servant, or agent, acting
with knowledge or consent of such owner or occupant, for
the purpose of making use of said land, building or
structure.
Watercourse shall mean a natural or man-made channel
which carries water and includes streams, rivers, open
drains and lakes, and includes watercourses with
intermittent flow.
Well shall mean a dug or drilled hole made in the ground
to locate or obtain groundwater 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.
- APPLICATIOM, ADMIMISTRATIOM UD DFORCEHEIf'1'
APPL I CAT I OM
No person shall use any land, or erect, alter or use any
livestock faci li ty and/ or manure pi t or part thereof
within the limits of The Corporation of the Township of
Bruce except in conformity with the provisions of this
by-law and with the Township Zoning By-law.
THE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 98-51
PAGE 7
4.2 ADMIMIS'l'RATIOM
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 Bruce.
4.3 IMSPECTIOR
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 date 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 employee must adhere to the bio-
security standards of the inspected farm operation.
4.4 APPLICATIOM FOR PERMIT
No person shall erect, alter or use any livestock
facility and/or manure pit or part thereof within the
limits of The Township of Bruce, unless a permit has been
issued, therefore, 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 livestock facility and/or manure pit shall
file with this 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, including intermittent
fl ows ;
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BY-LAW NO. 98-51
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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 has a location which
falls within the Provincial and Municipal Minimum
Distance Separation II (MDS II) formula.
4.4.3.
4.4.4.
4.4.5.
4.4.6.
4.4.7.
4.4.8.
4.4.9.
4.5
The location and dimensions of any existing and proposed
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 and proposed buildings or
structures that have locations that fall within the
Provincial and Municipal Minimum Distance Separation II
(MDS II) formula of the proposed building, structure or
use and the separation distances to, and existing use of
those buildings and structures;
Type of
existing
livestock, poultry, or
and proposed on such lot;
animals
fur-bearing
Numbers of livestock, poultry, or fur-bearing animals
existing and proposed on such lot;
Type, dimensions, contouring for accidental overspill of
liquid manure, and in the case of earthen storage cross-
section of any excavation required, including the dike.
Tillable acres of land made available, owned or by legal
agreement, for manure disposal along with two copies of
such agreement; and the said agreement must make
reference to a sound Nutrient Management Plan.
A soils and hydrological report prepared by a competent
person with expertise in this field of study shall be
required in the case of liquid earthen storages,
including certification that the standards set out in
Section 8 of this by-law are satisfied.
ISSUAMCE OF PERMIT
No permit shall be issued for a livestock facility and/or
manure pit which does not conform with the provisions of
this by-law.
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4.6
EXPIRATION OF PERMIT
A permit issued under this by-law may lapse after twelve
months from the date of issuance unless the approved work
is being seriously proceeded with.
4.7.1.
COMPLAINTS
All complaints must be in writing and signed by the
complainant. The written complaint to be accompanied by
a $50.00 cheque payable to The Township of Bruce. The
fee to be returned if the complaint has merit, cashed if
the complaint is a nuisance variety. All complaints to
be addressed to the Township Clerk at the Municipal
Office who will contact the Peer Review Committee.
4.7.2.
FEES
Fees shall be in accordance with The Peer Review
Committee - Terms of Reference, (Appendix C of this by-
law) .
4.8 VIOLA'!'IOM AMD P-JIT.TIES
Every person who uses, erects or alters any livestock
facility and/or manure pit facility 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
penal ty shall be recoverabl e under The Municipal Act,
R.S.O. 1990, and The Provincial Offences Act, R.S.O.,
1990.
4.9 VALIDITY
If any section, clause or prOV1S10n 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.
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4.10 REMEDIES
In case any building or structure is to be erected,
al tered, 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.
4.11.
REPEALS
From the coming into force of this by-law, any previous
by-Iaw(s) passed under Section 210, Paragraph 144 of The
Municipal Act, R.S.O. 1990, as amended, shall be deemed
to be repealed.
SECTION 5 - IMTERPRE'I'ATIOK
5.1 For the purposes, of this by-law, the definitions and
interpretations given herein shall govern.
5.1.1.
SECTIOK 6
6.1
.
6.2
For the purpose 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",
- GDERAL PROVISIOMS
APPLICA'I'IOM OR OTHER BY-LANS. REGULATIOMS. LEGISLA'I'IOM
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.
!fON-COMPLYIKG LIVESTOCX MAlIURE PITS UD/oR LIVES'l'OCK
FACILI'I'Y
Where a livestock faci li ty and/ or manure pit was I awfull y
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 by enlarged, extended, reconstructed,
repaired or renovated provided that:
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6.2.1.
6.2.2.
The enlargement, extension reconstruction, expansion,
repair or renovation does not further reduce the
compliance of that facility with the provision(s) of the
by-law to which it does not comply; and
All other applicable provisions of this by-law and the
Township Zoning By-law are complied with.
6.3 NON-COKFORMIMG LIVES'l'OCK HAMURE PITS AMD/OR LIVESTOCK
FACILITY
Where a liquid livestock manure pit 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.
6.3.2.
6.3.3.
The reconstruction, repair or renovation does not involve
any al teration of use and the building or structure
continues to be used for the same purpose; and
All other applicable provisions of this by-law and the
Zoning By-law are to be complied with.
The restoration of any building or structure which is
damaged by fire or an act of nature, which does not
conform wi th the provisions of this by-l aw, provided
that:
i) such restoration does not increase the height, size
and/or volume or change the use of such building or
structure; and
ii) such restoration complies, as close as possible,
with all applicable setbacks and yard provisions of
the applicable zone without reducing the original
height, size or volume.
6.4 IlUTRIEIfT MAMAGEHEIf'I' PLAN
A Nutrient Management Plan shall be completed prior to
the issuance of a building permit.
6.4.1.
For a new livestock liquid manure system and/or livestock
facility to serve an intensive livestock operation, or
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6.4.2.
6.4.3.
6.4.4.
6.5
6.6
6.7
6.7.1.
6.7.2
6.7.3.
For an expanded livestock liquid manure system and/ or
housing capacity of a livestock facility for an intensive
livestock operation. (This includes operations which are
less than 150 livestock units and are expanded to exceed
150 livestock units).
Such Nutrient Management Plan shall be prepared and
submitted for Peer Review approval, consistent with the
Terms of Reference attached as Appendix A.
An intensive livestock operation, for the purpose of this
section is defined as exceeding 1.5 livestock units per
acre and/or a 150 animal units.
SEPARATION DISTANCE
Separation distances for the establishment of liquid
manure storage facilities shall be in accordance with the
Provincial and Municipal Minimum Distance Separation II
(MDS II) formula.
MAINTDUCE
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
left in a condition where they will continue to stay
drained.
LA1m BASE
A till abl e I and base for spreading manure shall be
maintained as determined by the Nutrient Management Plan,
subject to the following.
In no case will the tillable land base be smaller than an
area equivalent to 1.5 livestock units per acre;
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 avai 1 abl e 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
lodged with the Township;
All lands leased are to have a minimum term of at least
fi ve years;
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6.7.4.
6.8
SECTIOK 7
7.1
7.1.1.
7.1.2.
7.1. 3.
7.2
Where a Nutrient Management Plan is not required (as
determined by Section 6.4), the land base shall be in
accordance with Sections 6.7.1, 6.7.2, and 6.7.3.
spp..anIMG
1) Injection to be the preferred method of spreading
manures;
2) As a minimum requirement, all manure spread shall
be covered within 24 hours;
3) All lands to be used for spreading of manure are to
be within 10 kms of the site where the manure
originated.
- PROVISIOn FOR COVERED CONCRETE MAMURE PITS
No covered concrete liquid livestock manure pits shall
hereafter be constructed or altered except in accordance
with the following provisions.
COKSTRUCTIOK STAMDARD
Be designed and constructed in accordance with the
provisions of the Ontario Building Code with specific
reference to CAM/CSA A23.3-M84 "Design of Concrete
Structures for Buildings".
Have a cover of reinforced concrete designed to support
loads as specified in the National Farm Building Code,
1995.
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 Ibs.) and should not float.
MINIMUM SEPARA.TIOI DISTANCES
Covered concrete liquid livestock manure pits shall be
located in accordance with the Provincial and Municipal
Minimum Distance Separation II (MDS II) formula.
7.3 PROHIBITED AREAS
Covered concrete liquid livestock manure pits shall be
prohibited in any flood plan.
7.4
7.4.1.
S'1'ORAGE CAPACITY
Minimum storage capacity shall be for 365 days based on:
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7.4.1.1. The manure production quantities shown in Table 1;
7.4.1. 2. The land base requirements for spreading manure as
established by a Nutrient Management Plan.
7.4.2.
SECTIOK 8
8.1
8.1.1.
8.1.2.
8.1.3.
8.1.4.
SAFETY PERCE
A continuous chain link fence shall be erected around a
separate covered manure storage tank to a height of at
least 1. 5 metres that surrounds 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 3.81 centimetres, topped with a single
strand of barbed wire, or by some other equally suitable
enclosure.
The safety fence shall be adequately and properly
supported with solid 3.75 centimetre diameter galvanized
posts which are 1.82 metres in length, 0.3 metres of
which are placed in wet concrete when the walls are
poured at a distance of not more than 1.82 metres on
centre.
- PROVISIOKS FOR EAR'I'IID MANURE STORAGE
No earthen liquid livestock manure storage facility shall
hereafter be constructed or altered except in accordance
wi th the following provisions and an engineers report
must be submitted before a building permit is issued.
SOIL AMD WATER TABLE
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) centimetres per
second;
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)
centimetres per second and is capable of withstanding the
necessary stresses of handling, chemical action and
physical loading.
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 metre of clay;
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.
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8.2 HIMIHOM SEPARATIOM DISTAMCES
Earthen liquid livestock manure pits shall be located in
accordance with the Provincial and Municipal Minimum
Distance Separation II (MDS II) formula.
8.3 PROHIBITED IPRas
Earthen liquid livestock manure storage facilities shall
be prohibited in:
8.3.1.
8.3.2.
8.4
8.4.1.
8.4.2.
8.5
8.5.1.
8.5.2.
8.6
8.6.1.
8.7
8.7.1.
8.7.1.1.
Any flood plain;
In areas of gravel or shallow fractured bedrock - as
stipulated in Section 8.1.3.
HAXIHOM SIDE SLOPES IBCLUDIBG DIKE
Sandy loans - 3:1
Stable clays, clay loams and silt loams - 2:1
MIMIHOM DIKE TOP WID"rH
for stable soils - 5 m
for unstable soils - 10 m
SURFACE WATER DIVERSIOB
To exclude surface water away from storage, diversion
ditches and/or dikes will be required.
STORAGE CAPACITY
Minimum storage capacity shall be for 365 days based on:
The manure production quantities shown in Table 1, plus
an increase in vol ume equal to .6 m over the surface area
of the storage inside the top of the dike to account for
precipitation and evaporation.
8.7.1.2. Under no circumstances shall the level of the liquid
manure come within .5 m of the lowest point of the top of
the dike.
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8.7.1.3. The land base requirements for spreading manure as
established by a Nutrient Management Plan.
THE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 98-51
PAGE 16
8 . 8 SAFETY FDCE
Continuous fencing of sol id wood or metal panel 1 ing
extending to a height of at least 1.84 metres (6 feet)
above the surrounding grade level as deemed acceptable by
the Chief Building Official, and surrounding the storage
tank.
SECTIOK 9 - PROVISIONS FOR OPD CONCRETE AMD OPD STEEL MAMURE
STORAGES
No open concrete or open steel liquid livestock manure
pits shall hereafter be constructed or altered except in
accordance with the following provisions.
9.1
9.1.1.
CONSTRUCTION STAMDARDS
Concrete storages shall be designed and constructed in
accordance with the provisions of the ontario Building
Code, 1992 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, 1992 with specific reference to CAK/CSA S16.1 M89
"Limit states Design of Steel structures".
9.2
MIMIMUM SEPARATION DISTANCES
Open concrete and open steel livestock liquid manure pits
shall be located in accordance with the Provincial and
Municipal Minimum Distance Separation II (MDS II)
formula.
9.3
PROHIBITED AREAS
Open concrete and open steel livestock liquid manure pits
shall be prohibited in any flood plan.
9.4
9.4.1.
STORAGE CAPACI'l'Y
Minimum storage capacity shall be for 365 days based on:
9.4.1.1. The manure production quantities shown in Table 1, plus
an increase in volume equal to .6 m over the surface area
of the storage inside the top of the tank to account for
precipitation and evaporation.
9.4.1.2. The I and base requi rements for spreading manure as
established by a Nutrient Management Plan.
THE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 98-51
PAGE 17
9 . 5 SAFETY FEKCE
Continuous fencing of solid wood or metal panelling
extending to a height of at least 1.84 metres (6 feet)
above the surrounding grade level as deemed acceptable by
the Chief Building Official, and surrounding the storage
tank.
SECT 10M 10 - BY-LAN REVIEH
This by-law will be reviewed every three years or sooner as
required.
By-law introduced and read a First time this SIXTEENTH day of
DECEMBER, 1998.
By-law read a Second time this SIXTEENTH day of DECEMBER, 1998.
By-law read a Third time and finally passed, signed, sealed and
numbered 98-51 this SIXTEENTH day of DECEMBER, 1998.
~
CLERK
~~
REEVE
SEAL
-
"rHE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 98-51 (APPENDIX A)
PAGE 18
APPEMDIX A
'fDMS OF REPERElfCE FOR A InJ'I'RID'f MAMAGEKDT PLAM
The following (in italics) is from the Guide to Agricultural Land
Use (OHArRA and MOEE, 1995)
"All manure shoul d be appl i ed in accordance wi th 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."
More specifically, a Nutrient Management Plan shall address the
following.
A. Nutrient Management Plan Requirements:
As a guide for an individual collecting information through an on-
site review, the Nutrient Management Plan shall include but not be
limited to, the following components, and/or the OMAFRA Nutrient
Management Computer Program.
i) Identification of conditions on the farm which require
immediate attention to minimize present pollution concerns.
ii) Characterization of current and/or expected manure (e.g.
nutrient content (N,P,K,Mg); annual volumes (include all waste
waters generated);
iii) 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).
iv) Characterization of available cropland (e.g. soil nutrient
content (N,P,K,Mg and previous crop nutrient credits; maps
identifying soil types and locations of any watercourse and
other potential I y sensi ti ve areas; soi I capacity to absorb
expected manure; soil compaction tolerance; topography crop
rotations) .
v) 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 thi rd party
agreements; back-up plan).
After consideration of all relevant information, a manure
management strategy including but not limited to, the following
components:
.
i) Spreading rate/timing/location estimates for environmentally
safe application.
ii) Estimates of acreage needed to apply manure generated by
facil i ty.
iii) Strategy to maximize the available and supplementary
nutrients.
iv) Development of an Emergency Action Plan in the event of a
spill or system failure.
v) A list of the applicable law(s) pertaining to manure
management.
vi) A documentation system to provide evidence of due diligence.
THE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 98-51 (APPENDIX A)
PAGE 19
B. Certificate to be Signed by Farmer Making Application
PRIMCIPLES OF lW'l'RIER'l' MAMAGEMEN'I.'
The principles of nutrient management are environmentally and
fiscally sound for your farm enterprise. You must have
adequate land available to effectively utilize all the manure
produced by your livestock.
It is strongly recommended that the manure and soil be tested
regularly, so as to ensure you are not reaching any excessive
nutrient levels.
Calculating the rate of spreading according to the manure
test, the soil test and the crop to be grown, will leave your
farm and our environment in as good or better shape for the
next generation.
It is understood the owner/operator shall maintain accurate
records for their own protection in case of a complaint.
As the manager of a Nutrient Management Plan, I pledge to
adhere to the above mentioned principles to the best of my
ability.
Signature
Date
THE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 98-51 - (APPENDIX B)
PAGE 20
APPENDIX B
Livestock Units
Animals per
Livestock
Unit
BEEF
1
1
2
2
CHICKEN
125
125
125
200
500
DAIRY
1
1
2
2
DUCK
EMU
100
5
40
4
10
FOX
GOAT
HORSE
1
MINK
80
3
OSTRICH
RABBITS
40
4
10
SHEEP
SWINE
5
4
20
TURKEY
50
75
75
100
500
6
3
VEAL
Beef
Beef
Beef
Beef
(barn confinement)
(barn with yard)
(barn confinement)
(barn with yard)
Cow1
Cow
Feeders
Feeders
Caged Layers (inactive stored in barn)
Caged Layers (daily manure removal)
Chicken Breeder Layers
Chicken Boilers/Roosters
Pullets (replacement Layers)
Milking Cow 1.2 (tie stall)
Milking Cow (fee stall)
Dairy Heifers (barn confinement)
Dairy Heifers (barn with yard)
Ducks
Emu
Adult Fox4
Adult Goats3
Feeders Goats (>20 kg)
Horse3
Mink4
Ostrich
Adult Rabbits4
Adult Sheep3
Feeder Lambs (>20 kg)
Sows/Boars
Feeder Hogs (30-120 kg)
Weaners (4-30 kg)
Meat Turkeys (>10 kg)
Meat Turkeys (5-10 kg)
Turkey Breeder Layers
Meat Turkeys «5 kg)
Pullets (replacement breeders)
white Veal
Red Veal «300 ka)
Notes: For all other animals/poultry use 1 livestock unit per
450 kg housed at one time (A=0.8).
1 Includes Calf to 150 kg.
2 A dairy/cow 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.
SOURCE:
Minimum Distance Sparation II, OMAFRA, March 1995.
THE CORPORATION OF THE TONNSHIP OF BRUCE
BY-LAW NO. 98-51 - (APPENDIX C)
PAGE 21
APPBllDIX C
'!'BE CORPORATION OF "rHE 'i'OWKSBIP OP BRUCE
TERMS OF REFEREMCE FOR '!'HE
PEER REV I Elf COMMI'i"i'EE
A) PURPOSE AMD MAMDATE OF '!'BE PEER REV I Elf
All manure will 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 commercial fertilizer
application rates, and emergency actions in case of spills or
system failures.
It is important for the Peer Review Committee to understand
By-l aw No. 98-51 and take special consideration in
understanding Appendix A of the by-law.
Peer Review Committee is to review and respond to:
1) the original application; and
2) all complaints.
B) COMPOSITIOIf OF "rHE PEER REV I Elf COMMI'i"i'EE
The Peer Review Committee will be comprised of twelve members
that are reconmended and approved by the Township Council.
The Committee is of the understanding that the twelve members
wi 11 be made up of two members representing the following
commodity groups.
1) Cattlemen
2) Dairy
3) Pork
4) poul try
5) Sheep
6) Crop
The Committee Members will be trained through an OMAFRA
training program which will be paid for by the municipality,
(2 members per year). A per diem, set by Council, will be
paid to the persons attending the course. OMAFRA staff will
be consulted by the Committee on an as needed basis.
.
With one person being the Chair of the Peer Review Committee,
elected by the Peer Review Committee at a general meeting.
When a Nutrient Management Application or Compliance Complaint
is submitted before the Committee, five members shall meet to
deal with the issue. The five members to be the Chair, plus
four other members of the Committee. It is the Clerk of the
Township who is responsible for contacting and selecting the
other four members from the Peer Review Committee. The Chair
is then responsible for calling the meeting, and the Clerk
shall act as the Secretary for this meeting.
Any appeals of the Peer Review Conmittee decision can be
appealed to the Full Committee. The Committee is bound by the
Conflict of Interest Act.
THE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 98-51 - (APPENDIX C)
PAGE 22
C) PEER REVIEW COMMITTEE ACTIOIt
1. The farmer applicant shall demonstrate to the
satisfaction of the commi ttee that, he/ she has a Nutrient
Management Plan as outlined in Appendix A of the by-law
which prevents excessive nutrients from leaching into the
water shed either the surface water or subsurface water.
2. Completing an OMAFRA Nutrient Management Plan may satisfy
the information requirements of this by-law.
3. The farmer applicant shall demonstrate his/her abil i ty to
implement their nutrient management strategy in the
foIl owing areas:
a)
That they have sufficient acreage under
and control to fulfil the manure
requirements of their plan.
their care
spreading
b) That he/she has access to the equipment to
transport and apply the manure according to the
requirements of his/her plan.
c) That the equipment is of adequate size and capacity
to complete manure spreading without compromising
the plan because of time constraints.
4. The Nutrient Management Plan shall be for a period of three
years and include a binding commitment to submit subsequent
Nutrient Management Plans for approval to the committee.
5. The Nutrient Management Plan shall also contain a commitment
to operate in accordance with an approved Nutrient Management
Plan as long as the livestock facility is in operation.
D) COMMI'i"i'EE FUKDIItG
An application for Peer Review will cost $150.00 which will
include:
The Peer Review Committee will be paid $45.00 per member per
meeting plus mileage at .32 cents per km.
E) SUMMARY
Manure can provide some or all of the nutrients needed by
crops if it is used in the proper amounts at the right times.
A Nutrient Management Plan is the best method to maximize the
nutrient value of your manure while reducing the risk of
polluting your own or your neighbour's water supply.
.
THE CORPORATION OF THE TOWNSHIP OF BRUCE
BY-LAW NO. 98-51 - (TABLE 1)
PAGE 23
TABLE 1
LIQUID MANURE
STORAGE VOLUMES
Animal Type Number In Average Cubic Feet Cubic Feet
Barn Weight Manure per Manure
Per lb. per day produced
Animal ¡rer day
lb.
Swine
Sows &
Litters X (400) X 0.0019 =
Dry Sows &
Boars X (300) X 0.0019 =
Weaners X (35 ) X 0.0028 =
Feeders X (120 ) X 0.0021 =
Dairy
Mature Cows X (1300) X 0.00183 =
Calves X (200 ) X 0.00117 =
Heifers X (900) X 0.00116 =
Beef
Mature Cows X (1200) X 0.00117 =
Calves X (200 ) X 0.00117 =
Feeders X (650) X 0.00117 =
Finishers X (900) X 0.00117 =
Poultry
Laying Hens X (4) X 0.00180 =
Pullets X (1.5) X 0.00180 =
Rabbits
Does &
Bucks X ( 9) X 0.0023 =
Fryers X ( 2 . 5 ) X 0.0012 =
other* X X =
.
, ..
Total Manure Production Per Day
- add up values in right column
Source: Adapted from Table E-1 of the Agricultural Pollution
Control Manual.
*
You must contact a representative from OMAFRA in order to
determine the liquid manure storage volumes for other
Animal Types.
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