Bruce County Cattlemen’s Association’s

Response to the Task Force on Intensive Agricultural Operations in Rural Ontario’s Summary of Consultations

The task force has done a good job of holding consultations across the province, and summarizing the input received.  The Bruce County Cattlemen’s Association represents beef producers in Bruce County, and is pleased to have input into this process. Our members do not support any activity that is harmful to our environment.  We are strongly committed to the protection of our environment and will not support any actions, which are harmful to it.  This is especially true with regards to members of the agricultural community, but it is equally true of all members of society.    We realize that the members of the Task Force will be receiving input from many segments of our society. As members of the agricultural community, which is the second largest industry in the Province, we ask that those involved in the Task Force keep in mind that it will be vital to enact regulations that protect food production and ensure sustainability, while addressing environmental concerns.

Who is Involved

These consultations were held because of ongoing concerns of water quality and quality of life in rural Ontario.  We strongly feel that if this is the case than the fact that the consultations were focused on agricultural operations alone is a huge oversight.  Surface water pollution is a society wide problem, not just agriculture.  It also includes many other areas such as golf courses, lawns, salt on roads, residential sewage systems, etc.  All sectors of society, including municipalities managing waste treatment, cottagers using septic systems, parks and golf courses improving grounds, and homeowners beautifying lawns and gardens, as well as farmers, irrespective of size or commodity, must take responsibility for management of nutrients applied to the land.  The same rules and regulations should apply to everyone managing nutrients in our Environment. 

It is well known that Ontario’s cities are routinely dumping sewage overflows into the Province’s rivers and lakes.  The Ministry of Environment reports that in 1996 municipal sewage system operators in Ontario bypassed treatment on 849 separate occasions.  They also report 267 accidental spills.  In 1999, the ministry reports 487 planned bypasses, as well as 198 accidental spills.  It would seem that bypasses of sewage treatment plants are considered to be a normal part of business, and many Health Units aren’t particularly concerned.  It is also common knowledge that many septic systems are improperly installed, and may be responsible for a number of well contaminations.

It is for these reasons that we feel that the Task Force should go through their report and remove every reference to agriculture and replace it with the term Nutrient Manager.  We feel that the term Nutrient should be defined as any element that is essential for plant growth.  For the purpose of this report the word “nutrient” refers to manure, commercial fertilizer, biosolids (sewage sludge), leguminous crops, and plow down crops.  We feel that Manager defines the decision maker for the application of nutrients

Categories

All “Nutrient Managers” should be treated equally.  Livestock units should not be used to categorize nutrient managers, as all nutrient managers do not have livestock.  Nutrient Managers, managing more than 10000 kg. of nitrogen per year, or applying greater than 200 kg N. per hectare, should also be required to complete a Nutrient Management Plan and file the plan with their municipality.  Others applying nutrients at less than the above mentioned rate should develop a nutrient management plan under the Environmental Farm Plan, but should not be required to file the plan with the municipality.

Rural Planning

Land use planning in the past has created major problems today.  Farm lot severances issued unwittingly across rural Ontario are currently creating problems that are making it very hard for the livestock industry to survive, and expand into the future.  All levels of government need to develop a rural planning strategy for the future.  Minimum Distance Separation needs to include new residences as well as agricultural facilities.  The agri-food sector is the second largest industry in Ontario.  Ontario’s economy relies heavily on agriculture as a driving force.  The healthy future of Ontario depends on a successful agri-food industry, which in turn needs to be assured of a place in the rural landscape.

Nutrient Management Planning

As is already mentioned we support the concept of nutrient management planning as a tool to monitor issues surrounding water quality.  To date NMPs have not been successful in easing the concerns of citizens largely because of poor enforcement.  Better enforcement of current regulations may be the bulk of what is necessary do be done.  We would like the task force to pressure the government to enact a single piece of legislation relating to nutrient management plans through OMAFRA which would give municipalities clear authority, and rules for regulation.  We must be careful not to develop regulations so stiff that they will cause undue economic hardship.  When creating new legislation we need to maintain a level of flexibility to allow for extraordinary situations.

Third party review of nutrient management plans should be completed by OMAFRA.  The provincial government must supply far more resources to this ministry, and this ministry must become much more involved.  The current participation of OMAFRA with regards to this issue is not only a joke, but it is a farce!  OMAFRA should be supplying third party technical information for all concerned groups so they can understand what is being done properly, and relieve many exaggerated concerns.  OMAFRA should be supplying non-biased information for the public instead of sticking their heads in the sand, and running from their responsibilities.  OMAFRA’s current policy setters should be removed so that real policy and direction can be given to the ministry’s employees, and all necessary funding must be put in place.

Nutrient Management Plans should contain all the elements as outlined in Best Management Practices.  The plans should be reviewed by Nutrient Management Advisory Committees, which should be set up.

The plans should be reviewed every five years, or when significant changes to management practices occur.  The cost of a NMP should be shared by the operator and the province.  The province should be financially involved because this process should be designed to protect the environment, and all of society will benefit from a safe environment.  The peer review committee would be available to conduct an audit on plans at times of change, or upon a complaint being filed with the municipality.

A Nutrient Management Plan should be completed or reviewed prior to the issuance of a building permit.  The review process will include a check for compliance with minimum distance separation (MDS).   These provisions are intended to strengthen society’s acceptance level.

Land Stewardship is more important than land ownership.  The land base for Nutrient Management Plans should be 120% of what is required to apply the nutrients generated by the operation.  This will allow for small changes to management.  The operator should have a long-term arrangement on at least 50% of the land required.  Long term would include a five-year or greater lease, or ownership.  The remaining 50% should be under a minimum of 3 years lease.  All manure application agreements should be legally binding documents.

Construction of storage facilities for new and expanding operations should be built to the highest standards to insure environmental protection.  We need an improved building code to insure better designed structures.  The capacity should be for 240 days worth of manure from the livestock housed. However 200 days storage should be accepted when supported by an acceptable third-party verified NMP.  Likewise in some situations more than 240 days of storage may be required.

New or expanding Nutrient Managers should notify landowners abutting the site of the intention to build or expand.

Regulations need to be set at the provincial level.  We would like to see enforcement carried out at the municipal level with funding coming from the province.  Funding must be provided by the province, or an unfair tax burden will be placed on rural residents.  All of society will benefit if the environment benefits from this process, and so it only makes sense that all of society share in the cost. 

Advisory Committees

To address nutrient management concerns local Nutrient Management Advisory Committees (NMAC) should be set up.  Municipalities should financially compensate members of the NMAC for their time.  Local committees should be comprised of appointees from both the farm, and non-farming rural community.  Farm membership should be named by local commodity groups.  The NMAC should have the ability to further define normal farm practices under the Farming and Food Production Protection Act to reflect local conditions.  We must watch that enforcement is not off side.  We need reasonable enforcement of current regulations.

Enforcement:

Municipalities must have authority supported in legislation to enforce nutrient management plans filed under by-law.  Enforcement across the Province needs to be consistent, equal, and timely.

Failure to comply with one’s own nutrient management plan should constitute an offence under the Municipal By-law.

When a complaint is filed it should be signed, and accompanied with a $50.00 deposit.  This deposit will help to reduce the number of nuisance complaints.  If the complaint is determined to be a violation of legislation it should be forwarded to the appropriate body (the Municipality, MOE, OMAFRA, or MNR).  If charges are not laid and the problem persists the complaint may involve the Farming and Food Production Protection Act (FFPPA), providing the complaint relates to the following areas of nuisance dealt with by FFPPA: noise, odour, dust, flies, light, vibration, and smoke. 

The local Nutrient Management Advisory Committee should have the power to determine what is, and is not a normal farming practice for the area.  If a complaint is not deemed to be in violation of legislation the NMAC will determine whether it is valid and worth pursuing.  If the complaint is deemed to be invalid a follow-up letter will be sent to the complainant explaining the committee’s reasoning.  If a complaint is deemed to be valid the NMAC recommends actions to address the complaint.  The violator must implement the changes and resolve the issue.  If the recommendations are not followed the NMAC will determine that the action in question is not a normal farming practice under the FFPPA, and the complainant may pursue action through the FFPPA process.

Financial Incentives

It is no mystery that other jurisdictions receive a considerably higher degree of direct financial assistance.  Funds must be made available to support education, and technical assistance.  Money will also be needed for better training, and more qualified inspectors.  Government support costs for this process will be huge and should be recognized from the start.  Just as money is made available for municipalities to improve sewage handling equipment, it must also be made available for any new agricultural structures required because of new regulations.   

In Closing

Society and Agriculture, which is a key contributor to Ontario’s economy, need to coexist peacefully.  We must remember that we are involved in many common areas such as food, fiber, labour, finances, protection of land, water, and air.  The rural community needs to work with agriculture to develop a common vision that recognizes the interests of both sides.  The Bruce County Cattlemen’s Association feels that environmental responsibility is most important.  We also feel that everyone must continue to recognize the importance of agriculture operations as a business, and that these businesses must be permitted to remain viable.  The Bruce County Cattlemen’s Association would also like to support the position of the Ontario Farm Environmental Coalition, and their Nutrient Management Working Group.

Chris Freiburger,

Director,

Bruce County Cattlemen’s Association

September 2000

Send mail to bcca@wightman.ca with questions or comments about this web site.